To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.
PL 103-272 (H.R.1758), enacted 07/05/1994

PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 745 
Public Law 103-272 
103d Congress 
An Act 
To revise, codify, and enact without substantive change certain general and perma-
nent laws, related to transportation, as subtitles II, III, and V-X of title 49, 
July 5, 1994 
United States Code, "Transportation", and to make other technical improvements 
[H.R. 1758] 
in the Code. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Inter-
governmental 
F6ls.^l071S 
SUBTITLES II, III, AND V-X OF TITLE 49, UNITED STATES CODE 
SECTION 1. (a) Certain general and permanent laws of the 49USCprec. 
United States, related to transportation, are revised, codified, and ^"^ "
°
*
®
-
enacted by subsections (cMe) of this section without substantive 
change as subtitles II, III, and V-X of title 49, United States 
Code, "Transportation". Those laws may be cited as "49 U.S.C. 
» 
(b) Title 49, United States Code, is amended by striking the 
table of subtitles at the beginning of the title and substituting 
the following new table of subtitles: 
"SlJRTTTl F 
SGC 
"L DEPARTMENT OF TRANSPORTATION 
101 ' 
"II. OTHER GOVERNMENT AGENCIES 
1101 
"III. GENERAL AND INTERMODAL PROGRAMS 
5101 
"IV. INTERSTATE COMMERCE 
10101 
"V. RAIL PROGRAMS 
20101 
"VI. MOTOR VEHICLE AND DRIVER PROGRAMS 
30101 
"VII. AVIATION PROGRAMS 
.40101 
"Vin. PIPELINES 
60101 
"IX. COMMERCIAL SPACE TRANSPORTATION 
.70101 
'X 
MISCELLANEOUS 
BOlOl". 
(c) Title 49, United States Code, is amended by striking subtitle 
II, except that chapter 31 (comprising sections 3101-3104) of sub-
title II is redesignated and restated as chapter 315 (comprising 
sections 31501-31504) of subtitle VI of title 49, as enacted by 
subsection (e) of this section. 
(d) Title 49, United States Code, is amended by adding the 
following immediately after subtitle I: 
SUBTITLE II—OTHER GOVERNMENT AGENCIES 
CHAPTER 
Sec. 
11. NATIONAL TRANSPORTATION SAFETY BOARD 
1101 
108 STAT. 746 
PUBLIC LAW 103-272—JULY 5, 1994 
CHAPTER 11-
President. 
President. 
-NATIONAL TRANSPORTATION SAFETY 
BOARD 
SUBCHAPTER I—GENERAL 
Sec. 
1101. 
1111. 
1112. 
1113. 
1114. 
1115. 
1116. 
1117. 
1118. 
1131. 
1132. 
1133. 
1134. 
1135. 
1151. 
1152. 
1153. 
1154. 
1155. 
Definitions. 
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE 
General organization. 
Special boards of inquiry on air transportation safety. 
Administrative. 
Disclosure, availability, and use of information. 
Training. 
Reports and studies. 
Annual report. 
Authorization of appropriations. 
SUBCHAPTER III—AUTHORITY 
General authority. 
Civil aircraft accident investigations. 
Review of other agency action. 
Inspections and autopsies. 
Secretary of Transportation's responses to safety recommendations. 
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES 
Aviation enforcement. 
Joinder and intervention in aviation proceedings. 
Judicial review. 
Discovery and use of cockpit voice and other material. 
Aviation penalties. 
SUBCHAPTER I—GENERAL 
§1101. Dennitions 
Section 40102(a) of this title applies to this chapter. 
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE 
§1111. General organization 
(a) ORGANIZATION.—^The National Transportation Safety Board 
is an independent establishment of the United States Government. 
(b) APPOINTMENT OF MEMBERS.—The Board is composed of 
5 members appointed by the President, by and with the advice 
and consent of the Senate. Not more than 3 members may be 
appointed from the same political party. At least 3 members shall 
be appointed on the basis of technical qualification, professional 
standing, and demonstrated knowledge in accident reconstruction, 
safety 
engineering, human factors, transportation 
SEifety, or 
transportation regulation. 
(c) TERMS OF OFFICE AND REMOVAL.—The term of office of 
each member is 5 years. An individual appointed to fill a vacancy 
occurring before the expiration of the term for which the predecessor 
of that individual was appointed, is appointed for the remainder 
of that term. When the term of office of a member ends, the 
member may continue to serve until a successor is appointed and 
qualified. The President may remove a member for inefficiency, 
neglect of duty, or malfeasance in office. 
(d) CHAIRMAN AND VICE CHAIRMAN.—^The President shall des-
ignate, by and with the advice and consent of the Senate, a Chair-
man of the Board. The President also shall designate a Vice Chair-
man of the Board. The terms of office of both the Chairman and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 747 
Vice Chairman are 2 years. When the Chairman is absent or 
unable to serve or when the position of Chairman is vacant, the 
Vice Chairman acts as Chairman. 
(e) DUTIES AND POWERS OF CHAIRMAN.—^The Chairman is the 
chief executive and administrative officer of the Board. Subject 
to the general policies and decisions of the Board, the Chairman 
shall— 
(1) appoint, supervise, and fix the pay of officers and 
employees necessary to carry out this chapter; 
(2) distribute business among the officers, employees, and 
administrative units of the Board; and 
(3) supervise the expenditures of the Board. 
(f) QUORUM.—^Three members of the Board are a quorum in 
carrying out duties and powers of the Board. 
(g) OFFICES, BUREAUS, AND DIVISIONS.—The Board shall estab-
lish offices necessary to carry out this chapter, including an office 
to investigate and report on the safe transportation of hazardous 
material. The Board shall establish distinct and appropriately 
staffed bureaus, divisions, or offices to investigate and report on 
accidents involving each of the following modes of transportation: 
(1) aviation. 
(2) highway and motor vehicle. 
(3) rail and tracked vehicle. 
(4) pipeline. 
(h) SEAL.—^The Board shall have a seal that shall be judicially 
recognized. 
§ 1112. Special boards of inquiry on air transportation safety 
(a) ESTABLISHMENT.—If an accident involves a substantial ques-
tion about public safety in air transportation, the National 
Transportation Safety Board may establish a special board of 
inquiry composed of— 
(1) one member of the Board acting as chairman; and 
(2) 2 members representing the public, appointed by the President. 
President on notification of the establishment of the special 
board of inquiry. 
(b) QUALIFICATIONS AND CONFLICTS OF INTEREST.—The public 
members of a special board of inquiry must be qualified by training 
and experience to participate in the inquiry and may not have 
a pecuniary interest in an aviation enterprise involved in the 
accident to be investigated. 
(c) AUTHORITY.—^A special board of inquiry has the same author-
ity that the Board has under this chapter. 
§1113. Administrative 
(a) GENERAL AUTHORITY.—(1) The National Transportation 
Safety Board, and when authorized by it, a member of the Board, 
an administrative law judge employed by or assigned to the Board, 
or an officer or employee designated by the Chairman of the Board, 
may conduct hearings to carry out this chapter, administer oaths, 
and require, by subpena or otherwise, necessary witnesses and 
evidence. 
(2) A witness or evidence in a hearing under paragraph (1) 
of this subsection may be summoned or required to be produced 
from any place in the United States to the designated place of 
the hearing. A witness summoned under this subsection is entitled 
108 STAT. 748 
PUBLIC LAW 103-272—JULY 5, 1994 
to the same fee and mileage the witness would have been paid 
in a court of the United States. 
(3) A subpena shall be issued under the signature of the Chair-
man or the Chairman*s delegate but may be served by any person 
designated by the Chairman. 
(4) If a person disobeys a subpena, order, or inspection notice 
of the Board, the Board may bring a civil action in a district 
court of the United States to enforce the subpena, order, or notice. 
An action under this paragraph may be brought in the judicial 
district in which the person against whom the action is brought 
resides, is found, or does business. The court may punish a failure 
to obey an order of the court to comply with the subpena, order, 
or notice as a contempt of court. 
(b) ADDITIONAL POWERS.—(1) The Board may— 
(A) procure the temporary or intermittent services of 
experts or consultants under section 3109 of title 5; 
(B) make agreements and other transactions necessary to 
carry out this chapter without regard to section 3709 of the 
Revised Statutes (41 U.S.C. 5); 
(C) use, when appropriate, available services, equipment, 
personnel, and facilities of a department, agency, or instrumen-
tality of the United States Government on a reimbursable 
or other basis; 
(D) confer with employees and use services, records, and 
facilities of State and local governmental authorities; 
(E) appoint advisory committees composed of qualified pri-
vate citizens and officials of the Government and State and 
local governments as appropriate; 
(F) accept voluntary and uncompensated services notwith-
standing another law; 
(G) accept gifts of money and other property; 
(H) make contracts with nonprofit entities to carry out 
studies related to duties and powers of the Board; and 
(I) require that the departments, agencies, and instrumen-
talities of the Grovemment, State and local governments, and 
governments of foreign countries provide appropriate consider-
ation for the reasonable costs of goods and services supplied 
by the Board. 
(2) The Board shall deposit in the Treasury amounts received 
under paragraph (1)(I) of this subsection to be credited to the 
appropriation of the Board. 
(c) SUBMISSION OF CERTAIN COPIES TO CONGRESS.—When the 
Board submits to the President or the Director of the Office of 
Management and Budget a budget estimate, budget request, supple-
mental budget estimate, other budget information, a legislative 
recommendation, prepared testimony for congressional hearings, 
or comments on legislation, the Board must submit a copy to 
Congress at the same time. An officer, department, agency, or 
instrumentality of the Government may not require the Board 
to submit the estimate, request, information, recommendation, testi-
mony, or comments to another officer, department, agency, or 
instrumentality of the Government for approved, comment, or review 
before being submitted to Congress. 
(d) LIAISON COMMITTEES.—^The Chairman may determine the 
number of committees that are appropriate to maintain effective 
liaison with other departments, agencies, and instrumentalities of 
the Government, State and local governmental authorities, and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 749 
independent standard-setting authorities that carry out programs 
and activities related to transportation safety. The Board may des-
ignate representatives to serve on or assist those committees. 
(e) INQUIRIES.—^The Board, or an officer or employee of the 
Board designated by the Chairman, may conduct an inquiry to 
obtain information related to transportation safety after publishing 
notice of the inquiry in the Federal Register. The Board or des-
ignated officer or employee may require by order a department, 
agency, or instrumentality of the Government, a State or local 
governmental authority, or a person transporting individuals or 
property in commerce to submit to the Board a written report 
and answers to requests and questions related to a duty or power 
of the Board. The Board may prescribe the time within which 
the report and answers must be given to the Board or to the 
designated officer or employee. Copies of the report and answers 
shall be made available for public inspection. 
(f) REGULATIONS.—^The Board may prescribe regulations to 
carry out this chapter. 
§ 1114. Disclosure, availability, and use of information 
(a) GENERAL.—^Except as provided in subsections (b) and (c) 
of this section, a copy of a record, information, or investigation 
submitted or received by the National Transportation Safety Board, 
or a member or employee of the Board, shall be made available 
to the public on identifiable request and at reasonable cost. This 
subsection does not require the release of information described 
by section 552(b) of title 5 or protected from disclosure by another 
law of the United States. 
(b) TRADE SECRETS.—(1) The Board may disclose information 
related to a trade secret referred to in section 1905 of title 18 
only— 
(A) to another department, agency, or instrumentality of 
the United States Government when requested for official use; 
(B) to a committee of Congress having jurisdiction over 
the subject matter to which the information is related, when 
requested by that committee; 
(C) in a judicial proceeding under a court order that pre-
serves the confidentiality of the information without impairing 
the proceeding; and 
(D) to the public to protect health and safety after giving 
notice to any interested person to whom the information is 
related and an opportunity for that person to comment in 
writing, or orally in closed session, on the proposed disclosure, 
if the delay resulting from notice and opportunity for comment 
would not be detrimental to health and ssdTety. 
(2) Information disclosed under paragraph (1) of this subsection 
may be disclosed only in a way designed to preserve its confidential-
ity. 
(c) COCKPIT VOICE RECORDINGS AND TRANSCRIPTS.—(1) The 
Board may not disclose publicly any part of a cockpit voice recorder 
recording or transcript of oral communications by and between 
flight crew members and ground stations related to an accident 
or incident investigated by the Board. However, the Board shall 
make public any part of a transcript the Board decides is relevant 
to the accident or incident— 
(A) if the Board holds a public hearing on the accident 
or incident, at the time of the hearing; or 
Federal 
Register, 
publication. 
Reports. 
79-194 O—95—2 : QL 3 Part 2 
108 STAT. 750 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) if the Board does not hold a public hearing, at the 
time a majority of the other factual reports on the accident 
or incident are placed in the public docket. 
(2) This subsection does not prevent the Board from referring 
at any time to cockpit voice recorder information in making safety 
recommendations. 
(d) DRUG TESTS.—(1) Notwithstanding section 503(e) of the 
Supplemental Appropriations Act, 1987 (Pubhc Law 100-71, 101 
Stat. 471), the Secretary of Transportation shall provide the follow-
ing information to the Board when requested in writing by the 
Board: 
J^ords. 
(A) any report of a confirmed positive toxicological test, 
verified as positive by a medical review officer, conducted on 
an officer or employee of the Department of Transportation 
under post-accident, unsafe practice, or reasonable suspicion 
toxicological testing requirements of the Department, when the 
officer or employee is reasonably associated with the cir-
cumstances of an accident or incident under the investigative 
jurisdiction of the Board. 
(B) any laboratory record documenting that the test is 
confirmed positive. 
Privacy. 
(2) Except as provided by paragraph (3) of this subsection, 
the Board shall maintain the confidentiality of, and exempt from 
disclosure under section 552(b)(3) of title 5— 
(A) a laboratory record provided the Board under paragraph 
(1) of this subsection that reveals medical use of a drug allowed 
under applicable regulations; and 
(B) medical information provided by the tested officer or 
employee related to the test or a review of the test. 
(3) The Board may use a laboratory record made available 
under paragraph (1) of this subsection to develop an evidentiary 
record in an investigation of an accident or incident if— 
(A) the fitness of the tested officer or employee is at issue 
in the investigation; and 
(B) the use of that record is necessary to develop the 
evidentiary record. 
§1115. Training 
(a) 
DEFINITION.—In 
this 
section, 
"Institute" means 
the 
Transportation Safety Institute of the Department of Transportation 
and any successor organization of the Institute. 
(b) USE OF INSTITUTE SERVICES.—The National Transportation 
Safety Board may use, on a reimbursable basis, the services of 
the Institute. The Secretary of Transportation shall make the 
Institute available to— 
(1) the Board for safety training of employees of the Board 
in carrjdng out their duties and powers; and 
(2) other safety personnel of the United States Government, 
State and local governments, governments of foreign countries, 
interstate authorities, and private organizations the Board des-
ignates in consultation with the Secretary. 
(c) FEES.—<1) Training at the Institute for safety personnel 
(except employees of the Government) shall be provided at a reason-
able fee established periodically by the Board in consultation with 
the Secretary. The fee shall be paid directly to the Secretary, 
and the Secretary shall deposit the fee in the Treasury. The amount 
of the fee— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 751 
(A) shall be credited to the appropriate appropriation (sub-
ject to the requirements of any annual appropriation); and 
(B) is an offset against any annual reimbursement agree-
ment between the Board and the Secretary to cover all reason-
able costs of providing training under this subsection that the 
Secretary incurs in operating the Institute. 
(2) The Board shall maintain an annual record of offsets under Records, 
paragraph (1)(B) of this subsection. 
§ 1116. Reports and studies 
(a) PERIODIC REPORTS.—The National Transportation Safety 
Board shall report periodically to Congress, departments, agencies, 
and instrumentalities of the United States Gk)vemment and State 
and local governmental authorities concerned with transportation 
safety, and other interested persons. The report shall— 
(1) advocate meaningful responses to reduce the likelihood 
of transportation accidents similar to those investigated by 
the Board; and 
(2) propose corrective action to make the transportation 
of individuals as safe and free from risk of injury as possible, 
including action to minimize personal injuries that occur in 
transportation accidents. 
(b) STUDIES, INVESTIGATIONS, AND OTHER REPORTS.—The Board 
also shall— 
(1) carry out special studies and investigations about 
transportation safety, including avoiding personal injury; 
(2) examine techniques and methods of accident investiga-
tion and periodically publish recommended procedures for 
accident investigations; 
(3) prescribe requirements for persons reporting accidents 
and aviation incidents that— 
(A) may be investigated by the Board under this chap-
ter; or 
(B) involve public aircraft (except aircraft of the armed 
forces £ind the intelligence agencies); 
(4) evaluate, examine the effectiveness of, and publish the 
findings of the Board about the transportation safety conscious-
ness of other departments, agencies, and instrumentalities of 
the Government and their effectiveness in preventing accidents; 
and 
(5) evaluate the adequacy of safeguards and procedures 
for the transportation of hazardous material and the perform-
ance of other departments, agencies, and instrumentalities of 
the Gk)vernment responsible for the safe transportation of that 
material. 
§1117. Annual report 
The National Transportation Safety Board shall submit a report 
to Congress on July 1 of each year. The report shall include— 
(1) a statistical and analjrtical summary of the transpor-
tation accident investigations conducted and reviewed by the 
Board during the prior calendar year; 
(2) a survey and summary of the recommendations made 
by the Board to reduce the likelihood of recurrence of those 
accidents together with the observed response to each rec-
ommendation; 
108 STAT. 752 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) a detailed appraisal of the accident investigation and 
accident prevention activities of other departments, agencies, 
and instrumentalities of the United States Grovemment and 
State and local governmental authorities having responsibility 
for those activities under a law of the United States or a 
State; and 
(4) an evaluation conducted every 2 years of transportation 
safety and recommendations for legislative and administrative 
action and change. 
§1118. Authorization of appropriations 
(a) GENERAL.—Not more than $38,800,000 may be appropriated 
to the National Transportation Safety Board for the fiscal year 
ending September 30, 1993, to carry out this chapter. 
(b) EMERGENCY FUND.—^The Board has an emergency fund of 
$1,000,000 available for necessary expenses of the Board, not other-
wise provided for, for accident investigations. The following amounts 
may be appropriated to the fund: 
(1) $1,000,000 to establish the fund. 
(2) amounts equal to amounts expended annually out of 
the fund. 
(c) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
this section remain available until expended. 
SUBCHAPTER III—AUTHORITY 
§ 1131. General authority 
(a) GENERAL,—(1) The National Transportation Safety Board 
shall investigate or have investigated (in detail the Board pre-
scribes) and establish the facts, circumstances, and cause or prob-
able cause of— 
(A) an aircraft accident the Board has authority to inves-
tigate under section 1132 of this title; 
(B) a highway accident, including a railroad grade crossing 
accident, the Board selects in cooperation with a State; 
(C) a railroad accident in which there is a fatality or 
substantial property damage, or that involves a passenger train; 
(D) a pipeline accident in which there is a fatality, substan-
tial property damage, or significant injury to the environment; 
(E) a major marine casualty (except a casualty involving 
only public vessels) occurring on the navigable waters or terri-
torial sea of the United States, or involving a vessel of the 
United States, under regulations prescribed jointly by the Board 
and the head of the department in which the Coast Guard 
is operating; and 
(F) any other accident related to the transportation of 
individuals or property when the Board decides— 
(i) the accident is catastrophic; 
(ii) the accident involves problems of a recurring char-
acter; or 
(iii) the investigation of the accident would carry out 
this chapter. 
(2) An investigation by the Board under para^aph (1)(A)-
(D) or (F) of this subsection has priority over any investigation 
by another department, agency, or instrumentality of the United 
States Government. The Board shall provide for appropriate partici-
pation by other departments, agencies, or instrumentalities in the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 753 
investigation. However, those departments, agencies, or instrumen-
talities may not participate in the decision of the Board about 
the probable cause of the accident. 
(3) This section and sections 1113, 1116(b), 1133, and 1134(a) 
and (c)-(e) of this title do not affect the authority of another depart-
ment, agency, or instrumentality of the Government to investigate 
an accident under applicable law or to obtain information directly 
from the parties involved in, and witnesses to, the accident. The 
Board and other departments, agencies, and instrumentalities shall 
ensure that appropriate information developed about the accident 
is exchanged in a timely manner. 
(b) ACCIDENTS INVOLVING PUBLIC VESSELS.—(1) The Board or 
the head of the department in which the Coast Guard is operating 
shall investigate and establish the facts, circumstances, and cause 
or probable cause of a marine accident involving a public vessel 
and any other vessel. The results of the investigation shall be 
made available to the public. 
(2) Paragraph (1) of this subsection and subsection (a)(1)(E) 
of this section do not affect the responsibility, under another law 
of the United States, of the head of the department in which 
the Coast Guard is operating. 
(c) ACCIDENTS NOT INVOLVING GOVERNMENT MISFEASANCE OR 
NONFEASANCE.—(1) When asked by the Board, the Secretary of 
Transportation may— 
(A) investigate an accident described under subsection (a) 
or (b) of this section in which misfeasance or nonfeasance 
by the Government has not been alleged; and 
(B) report the facts and circumstances of the accident to 
the Board. 
(2) The Board shall use the report in establishing cause or 
probable cause of an accident described under subsection (a) or 
(b) of this section. 
(d) ACCIDENT REPORTS.—The Board shall report on the facts 
and circumstances of each accident investigated by it under sub-
section (a) or (b) of this section. The Board shall make each report 
available to the public at reasonable cost. 
§ 1132. Civil aircraft accident investigations 
(a) GENERAL AUTHORITY.—(1) The National Transportation 
Safety Board shall investigate— 
(A) each accident involving civil aircraft; and 
(B) with the participation of appropriate military authori-
ties, each accident involving both military and civil aircraft. 
(2) A person employed under section 1113(b)(1) of this title 
that is conducting an investigation or hearing about an aircraft 
accident has the same authority to conduct the investigation or 
hearing as the Board. 
(b) NOTIFICATION AND REPORTING.—The Board shall prescribe 
regulations governing the notification and reporting of accidents 
involving civil aircraft. 
(c) PARTICIPATION OF SECRETARY.—The Board shall provide 
for the participation of the Secretary of Transportation in the inves-
tigation of an aircraft accident under this chapter when participa-
tion is necessary to carry out the duties and powers of the Secretary. 
However, the Secretary may not participate in establishing probable 
cause. 
Public 
information. 
Public 
information. 
Regulations. 
108 STAT. 754 
PUBLIC LAW 103-272—JULY 5, 1994 
(d) ACCIDENTS INVOLVING ONLY MILITARY AIRCRAFT.—If an 
accident involves only military aircraft and a duty of the Secretary 
is or may be involved, the military authorities shall provide for 
the participation of the Secretary, In any other accident involving 
only military aircraft, the military authorities shall give the Board 
or Secretary information the military authorities decide would 
contribute to the promotion of air safety. 
§1133. Review of other agency action 
The National Transportation Safety Board shall review on 
appeal— 
(1) the denial, amendment, modification, suspension, or 
revocation of a certificate issued by the Secretary of Transpor-
tation under section 44703, 44709, or 44710 of this title; 
(2) the revocation of a certificate of registration under 
section 44106 of this title; 
(3) a decision of the head of the department in which 
the Coast Guard is operating on an appeal from the decision 
of an administrative law judge denying, revoking, or suspending 
a license, certificate, document, or register in a proceeding 
under section 6101, 6301, or 7503, chapter 77, or section 9303 
of title 46; and 
(4) under section 46301(d)(5) of this title, an order imposing 
a penalty under section 46301. 
§ 1134. Inspections and autopsies 
(a) ENTRY AND INSPECTION.—^An officer or employee of the 
National Transportation Safety Board— 
(1) on display of appropriate credentials and written notice 
of inspection authority, may enter property where a transpor-
tation accident has occurred or wreckage from the accident 
is located and do anything necessary to conduct an investiga-
tion; and 
(2) during reasonable hours, may inspect any record, proc-
ess, control, or facility related to an accident investigation 
under this chapter. 
(b) INSPECTION, TESTING, PRESERVATION, AND MOVING OF AIR-
CRAFT AND PARTS.—(1) In investigating an aircraft accident under 
this chapter, the Board may inspect and test, to the extent nec-
essary, any civil aircraft, aircraft engine, propeller, appliance, or 
property on an aircraft involved in an accident in air commerce. 
(2) Any civil aircraft, aircraft engine, propeller, appliance, or 
property on an aircraft involved in an accident in air commerce 
shall be preserved, and may be moved, only as provided by regula-
tions of the Board. 
(c) AVOIDING UNNECESSARY INTERFERENCE AND PRESERVING 
EVIDENCE.—In carrying out subsection (a)(1) of this section, an 
officer or employee may examine or test any vehicle, vessel, rolling 
stock, track, or pipeline component. The examination or test shall 
be conducted in a way that— 
(1) does not interfere unnecessarily with transportation 
services provided by the owner or operator of the vehicle, vessel, 
rolling stock, track, or pipeline component; and 
(2) to the maximum extent feasible, preserves evidence 
related to the accident, consistent with the needs of the inves-
tigation and with the cooperation of that owner or operator. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 755 
(d) EXCLUSIVE AUTHORITY OF BOARD.—Only the Board has 
the authority to decide on the way in which testing under this 
section will be conducted, including decisions on the person that 
will conduct the test, the type of test that will be conducted, and 
any individual who will witness the test. Those decisions are 
committed to the discretion of the Board. The Board shall make 
any of those decisions based on the needs of the investigation 
being conducted and, when applicable, subsections (a), (c), and 
(e) of this section. 
(e) PROMPTNESS OF TESTS AND AVAILABILITY OF RESULTS.— 
An inspection, examination, or test under subsection (a) or (c) 
of this section shall be started and completed promptly, and the 
results shall be made available. 
(f) AUTOPSIES.—(1) The Board may order an autopsy to be 
performed and have other tests made when necessary to investigate 
an accident under this chapter. However, local law protecting reli-
gious beliefs related to autopsies shall be observed to the extent 
consistent with the needs of the accident investigation. 
(2) With or without reimbursement, the Board may obtain 
a copy of an autopsy report performed by a State or local official 
on an individual who died because of a transportation accident 
investigated by the Board under this chapter. 
§ 1135. Secretary of Transportation's responses to safety rec-
ommendations 
(a) GENERAL,—^When the National Transportation Safety Board 
submits a recommendation about transportation safety to the Sec-
retary of Transportation, the Secretary shall give a formal written 
response to each recommendation not later than 90 days after 
receiving the recommendation. The response shall indicate whether 
the Secretary intends— 
(1) to carry out procedures to adopt the complete rec-
ommendation; 
(2) to carry out procedures to adopt a part of the rec-
ommendation; or 
(3) to refuse to carry out procedures to adopt the rec-
ommendation. 
(b) TIMETABLE FOR COMPLETING PROCEDURES AND REASONS 
FOR REFUSALS.—^A response under subsection (a)(1) or (2) of this 
section shall include a copy of a proposed timetable for completing 
the procedures. A response under subsection (a)(2) of this section 
shall detail the reasons for the refusal to carry out procedures 
on the remainder of the recommendation. A response under sub-
section (a)(3) of this section shall detail the reasons for the refusal 
to carry out procedures. 
(c) PUBLIC AVAILABILITY.—The Board shall make a copy of 
each recommendation £ind response available to the public at 
reasonable cost. 
(d) REPORTS TO CONGRESS.—The Secretary shall submit to Con-
gress on January 1 of each year a report containing each rec-
ommendation on transportation safety made by the Board to the 
Secretary during the prior year and a copy of the Secretary's 
response to each recommendation. 
108 STAT. 756 
PUBLIC LAW 103-272—JULY 5, 1994 
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES 
§ 1151. Aviation enforcement 
1 
(a) CIVIL ACTIONS BY BOARD.—The National Transportation 
Safety Board may bring a civil action in a district court of the 
United States against a person to enforce section 1132, 1134(b) 
or (f)(l)(related to an aircraft accident), or 1155(a) of this title 
or a regulation prescribed or order issued under any of those sec-
tions. An action under this subsection may be brought in the judicial 
district in which the person does business or the violation occurred. 
(b) CIVIL ACTIONS BY ATTORNEY GENERAL.—On request of the 
Board, the Attorney General may bring a civil action in an appro-
priate court— 
(1) to enforce section 1132, 1134(b) or (f)(l)(related to an 
aircraft accident), or 1155(a) of this title or a regulation pre-
scribed or order issued under any of those sections; and 
(2) to prosecute a person violating those sections or a 
regulation prescribed or order issued under any of those sec-
tions. 
(c) PARTICIPATION OF BOARD.—On request of the Attorney Gen-
eral, the Board may participate in a civil action to enforce section 
1132, 1134(b) or (f)(l)(related to an aircraft accident), or 1155(a) 
of this title. 
§ 1152. Joinder and intervention in aviation proceedings 
A person interested in or affected by a matter under consider-
ation in a proceeding or a civil action to enforce section 1132, 
1134(b) or (f)(l)(related to an aircraft accident), or 1155(a) of this 
title, or a regulation prescribed or order issued under any of those 
sections, may be joined as a party or permitted to intervene in 
the proceeding or civil action. 
§1153. Judicial review 
(a) GENERAL.—^The appropriate court of appeals of the United 
States or the United States Court of Appeals for the District of 
Columbia Circuit may review a final order of the National Transpor-
tation Safety Board under this chapter. A person disclosing a 
substantial interest in the order may apply for review by filing 
a petition not later than 60 days after the order of the Board 
is issued. 
(b) PERSONS SEEKING JUDICIAL REVIEW OF AVIATION MAT-
TERS.—(1) A person disclosing a substantial interest in an order 
related to an aviation matter issued by the Board under this chapter 
may apply for review of the order by filing a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit or in the court of appeals of the United States for the 
circuit in which the person resides or has its principal place of 
business. The petition must be filed not later than 60 days after 
the order is issued. The court may allow the petition to be filed 
after the 60 days only if there was a reasonable ground for not 
filing within that 60-day period. 
(2) When a petition is filed under paragraph (1) of this sub-
section, the clerk of the court immediately shall send a copy of 
the petition to the Board. The Board shall file with the court 
a record of the proceeding in which the order was issued. 
(3) When the petition is sent to the Board, the court has 
exclusive jurisdiction to affirm, amend, modify, or set aside any 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 757 
part of the order and may order the Board to onduct further 
proceedings. After reasonable notice to the Board, the court may 
grant interim rehef by stajdng the order or taking other appropriate 
action when cause for its action exists. Findings of fact by the 
Board, if supported by substantial evidence, are conclusive. 
(4) In reviewing an order under this subsection, the court 
may consider an objection to an order of the Board only if the 
objection was made in the proceeding conducted by the Board 
or if there was a reasonable ground for not making the objection 
in the proceeding. 
(5) A decision by a court under this subsection may be reviewed 
only by the Supreme Court under section 1254 of title 28. 
(c) ADMINISTRATOR SEEKING JUDICIAL REVIEW OF AVIATION 
MATTERS.—^When the Administrator of the Federal Aviation 
Administration decides that an order of the Board under section 
44709 or 46301(d)(5) of this title will have a significant adverse 
impact on carrying out this chapter related to an aviation matter, 
the Administrator may obtain judicial review of the order under 
section 46110 of this title. The Administrator shall be made a 
party to the judicial review proceedings. Findings of fact of the 
Board are conclusive if supported by substantial evidence. 
§ 1154. Discovery and use of cockpit voice and other material 
(a) TRANSCRIPTS AND RECORDINGS.—(1) Except as provided by 
this subsection, a party in a judicial proceeding may not use discov-
ery to obtain— 
(A) any part of a cockpit voice recorder transcript that 
the National Transportation Safety Board has not made avail-
able to the public under section 1114(c) of this title; and 
(B) a cockpit voice recorder recording. 
^ 
(2)(A) Except as provided in paragraph (4)(A) of this subsection, 
a court may allow discovery by a party of a cockpit voice recorder 
transcript if, after an in camera review of the transcript, the court 
decides that— 
(i) the part of the transcript made available to the public 
under section 1114(c) of this title does not provide the party 
with sufficient information for the party to receive a fair trial; 
and 
(ii) discovery of additional parts of the transcript is nec-
essary to provide the party with sufficient information for the 
party to receive a fair trial. 
(B) A court may allow discovery, or require production for 
an in camera review, of a cockpit voice recorder transcript that 
the Board has not made available under section 1114(c) of this 
title only if the cockpit voice recorder recording is not available. 
(3) Except as provided in paragraph (4)(A) of this subsection, 
a court may allow discovery by a party of a cockpit voice recorder 
recording if, after an in camera review of the recording, the court 
decides that— 
(A) the parts of the transcript made available to the public 
under section 1114(c) of this title and to the party through 
discovery under paragraph (2) of this subsection do not provide 
the party with sufficient information for the party to receive 
a fair trial; and 
(B) discovery of the cockpit voice recorder recording is 
necessary to provide the party with sufficient information for 
the party to receive a fair trial. 
108 STAT. 758 
PUBLIC LAW 103-272—JULY 5, 1994 
(4)(A) When a court Eillows discovery in a judicial proceeding 
of a part of a cockpit voice recorder transcript not made available 
to the public under section 1114(c) of this title or a cockpit voice 
recorder recording, the court shall issue a protective order— 
(i) to limit the use of the part of the transcript or the 
recording to the judicial proceeding; and 
(ii) to prohibit dissemination of the part of the transcript 
or the recording to any person that does not need access to 
the part of the transcript or the recording for the proceeding. 
(B) A court may allow a part of a cockpit voice recorder tran-
script not made available to the public under section 1114(c) of 
this title or a cockpit voice recorder recording to be admitted into 
evidence in a judicial proceeding, only if the court places the part 
of the transcript or the recording under seal to prevent the use 
of the part of the transcript or the recording for purposes other 
than for the proceeding. 
(5) This subsection does not prevent the Board from referring 
at any time to cockpit voice recorder information in making safety 
recommendations. 
(b) REPORTS.—^No part of a report of the Board, related to 
an accident or an investigation of an accident, may be admitted 
into evidence or used in a civil action for damages resulting from 
a matter mentioned in the report. 
§ 1155. Aviation penalties 
(a) CIVIL PENALTY.—(1) A person violating section 1132 or 
1134(b) or (f)(l)(related to an aircraft accident) of this title or 
a regulation prescribed or order issued under either of those sections 
is liable to the United States Government for a civil penalty of 
not more than $1,000. A separate violation occurs for each day 
a violation continues. 
(2) This subsection does not apply to a member of the armed 
forces of the United States or an employee of the Department 
of Defense subject to the Uniform Code of Military Justice when 
the member or employee is performing official duties. The appro-
priate military authorities are responsible for taking necessary dis-
ciplinary action and submitting to the National Transportation 
Safety Board a timely report on action taken. 
(3) The Board may compromise the amount of a civil penalty 
imposed under this subsection. 
(4) The Government may deduct the amount of a civil penalty 
imposed or compromised under this subsection from amounts it 
owes the person liable for the penalty. 
(5) A civil penalty under this subsection may be collected by 
bringing a civil action against the person liable for the penalty. 
The action shall conform as nearly as practicable to a civil action 
in admiralty. 
(b) CRIMINAL PENALTY.—^A person that knowingly and without 
authority removes, conceals, or withholds a part of a civil aircraft 
involved in an accident, or property on the aircraft at the time 
of the accident, shall be fined under title 18, imprisoned for not 
more than 10 years, or both. 
SUBTITLE III—GENERAL AND INTERMODAL 
PROGRAMS 
CHAPTER 
Sec. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 759 
51. TRANSPORTATION OF HAZARDOUS MATERIAL 
5101 
53. MASS TRANSPORTATION 
5301 
55. INTERMODAL TRANSPORTATION 
5501 
57. SANITARY FOOD TR^^NSPORTATION 
5701 
59. INTERMODAL SAFE CONTAINER TRANSPORTATION 
5901 
CHAPTER 
51—TRANSPORTATION 
OF 
HAZARDOUS 
MATERIAL 
Sec. 
5101. 
Purpose. 
5102. 
Definitions. 
5103. General regulatory authority. 
5104. Representation and tampering. 
5105. Transporting certain hignly radioactive material. 
5106. Handling criteria. 
5107. Hazmat employee training requirements and grants. 
5108. 
Registration. 
5109. Motor carrier safety permits. 
5110. Shipping papers and disclosure. 
5111. Rail tank cars. 
5112. Highway routing of hazardous material. 
5113. Unsatisfactory safety rating. 
5114. Air transportation of ionizing radiation material. 
5115. Training curriculum for the public sector. 
5116. Planning and training grants, monitoring, and review. 
5117. Exemptions and exclusions. 
5118. 
Inspectors. 
5119. Uniform forms and procedures. 
5120. International uniformity of standards and requirements. 
5121. 
Administrative. 
5122. 
Enforcement. 
5123. Civil penalty. 
5124. Criminal penalty. 
5125. 
Preemption. 
5126. Relationship to other laws. 
5127. Authorization of appropriations. 
§5101. Purpose 
The purpose of this chapter is to provide adequate protection 
against the risks to life and property inherent in the transportation 
of hazardous material in commerce by improving the regulatory 
and enforcement authority of the Secretary of Transportation. 
§5102. Definitions 
In this chapter— 
(1) "commerce" means trade or transportation in the juris-
diction of the United States— 
(A) between a place in a State and a place outside 
of the State; or 
(B) that affects trade or transportation between a place 
in a State and a place outside of the State. 
(2) "hazardous material" means a substance or material 
the Secretary of Transportation designates under section 
5103(a) of this title 
(3) "hazmat employee"— 
(A) means an individual— 
(i) employed by a hazmat employer; and 
(ii) who during the course of employment directly 
. affects hazardous material transportation safety as the 
Secretary decides by regulation; 
(B) includes an owner-operator of a motor vehicle 
transporting hazardous material in commerce; and 
(C) includes an individual, employed by a hazmat 
employer, who during the course of employment— 
108 STAT. 760 
PUBLIC LAW 103-272—JULY 5, 1994 
(i) loads, unloads, or handles hazardous material; 
(ii) manufactures, reconditions, or tests containers, 
drums, and packages represented as qualified for use 
in transporting hazardous material; 
(iii) prepares hazardous material for transpor-
tation; 
(iv) is responsible for the safety of transporting 
hazardous material; or 
(v) operates a vehicle used to transport hazardous 
material. 
(4) "hazmat employer"— 
(A) means a person using at least one employee of 
that person in connection with— 
(i) transporting hazardous material in commerce; 
(ii) causing hazardous material to be transported 
in commerce; or 
(iii) manufacturing, 
reconditioning, or 
testing 
containers, drums, and packages represented as quali-
fied for use in transporting hazardous material; 
(B) includes an owner-operator of a motor vehicle 
transporting hazardous material in commerce; and 
(C) includes a department, agency, or instrumentality 
of the United States Government, or an authority of a 
State, political subdivision of a State, or Indian tribe, carry-
ing out an activity described in subclause (A)(i), (ii), or 
(iii) of this clause (4). 
(5) "imminent hazard" means the existence of a condition 
that presents a substantial likelihood that death, serious ill-
ness, severe personal injury, or a substantial endangerment 
to health, property, or the environment may occur before the 
reasonably foreseeable completion date of a formal proceeding 
begun to lessen the risk of that death, illness, injury, or 
endangerment. 
(6) "Indian tribe" has the same meaning given that term 
in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b). 
(7) "motor carrier" means a motor common carrier, motor 
contract carrier, motor private carrier, and freight forwarder 
as those terms are defined in section 10102 of this title. 
(8) "national response team" means the national response 
team established under the national contingency plan estab-
lished under section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9605). 
(9) "person", in addition to its meaning under section 1 
of title 1— 
(A) includes a government, Indian tribe, or authority 
of a government or tribe offering hazardous material for 
transportation in commerce or transporting hazardous 
material to further a commercial enterprise; but 
(B) does not include— 
\ 
(i) the United States Postal Service; and 
(ii) in sections 5123 and 5124 of this title, a depart-
ment, agency, or instrumentality of the Government. 
(10) "public sector employee"— 
(A) means an individual employed by a State, political 
subdivision of a State, or Indian tribe and who during 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 761 
the course of emplojonent has responsibilities related to 
responding to an accident or incident involving the 
transportation of hazardous material; 
(B) includes an individual employed by a State, political 
subdivision of a State, or Indian tribe as a firefighter 
or law enforcement officer; and 
(C) includes an individual who volunteers to serve 
as a firefighter for a State, political subdivision of a State, 
or Indian tribe. 
(11) "State" means— 
(A) except in section 5119 of this title, a State O
i
" 
the United States, the District of Columbia, Puerto Rico, 
the Northern Mariana Islands, the Virgin Islands, Amer-
ican Samoa, Guam, and any other territory or possession 
of the United States designated by the Secretary; and 
(B) in section 5119 of this title, a State of the United 
States and the District of Columbia. 
(12) "transports" or "transportation" means the movement 
of property and loading, unloading, or storage incidental to 
the movement. 
(13) "United States" means all of the States. 
§ 5103. General regulatory authority 
(a) DESIGNATING MATERIAL AS HAZARDOUS.—The Secretary of 
Transportation shall designate material (including an explosive, 
radioactive material, etiologic agent, flammable or combustible liq-
uid or solid, poison, oxidizing or corrosive material, and compressed 
gas) or a group or class of material as hazardous when the Secretary 
decides that transporting the material in commerce in a particular 
amount and form may pose an unreasonable risk to health and 
safety or property. 
(b) REGULATIONS FOR SAFE TRANSPORTATION.—(1) The Sec-
retary shall prescribe regulations for the safe transportation of 
hazardous material in intrastate, interstate, and foreign commerce. 
The regulations— 
(A) apply to a person— 
(i) transporting hazardous material in commerce; 
(ii) causing hazardous material to be transported in 
commerce; or 
(iii) manufacturing, fabricating, marking, maintaining, 
reconditioning, repairing, or testing a package or container 
that is represented, marked, certified, or sold by that per-
son as qualified for use in transporting hazardous material 
in commerce; and 
(B) shall govern safety aspects of the transportation of 
hazardous material the Secretary considers appropriate. 
(2) A proceeding to prescribe the regulations must include 
an opportunity for informal oral presentations. 
§ 5104. Representation and tampering 
(a) REPRESENTATION.—^A person may represent, by marking 
or otherwise, that— 
(1) a container or package for transporting hazardous mate-
rial is safe, certified, or complies with this chapter only if 
the container or package meets the requirements of each regula-
tion prescribed under this chapter; or 
108 STAT. 762 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) hazardous material is present in a package, container, 
motor vehicle, rail freight car, aircraft, or vessel only if the 
material is present. 
(b) TAMPERING.—A person may not alter, remove, destroy, or 
otherwise tamper unlawfully with— 
(1) a marking, label, placard, or description on a document 
required under this chapter or a regulation prescribed under 
this chapter; or 
(2) a package, container, motor vehicle, rail freight car, 
aircraft, or vessel used to transport hazardous material. 
§ 5105. Transporting certain highly radioactive material 
(a) DEFINITIONS.—In this section, "high-level radioactive waste" 
and "spent nuclear fuel" have the same meanings given those 
terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101). 
(b) TRANSPORTATION SAFETY STUDY.—In consultation with the 
Secretary of Energy, the Nuclear Regulatory Commission, poten-
tially affected States and Indian tribes, representatives of the rail 
transportation industry, and shippers of high-level radioactive waste 
and spent nuclear fuel, the Secretary of Transportation shall con-
duct a study comparing the safety of using trains operated only 
to transport high-level radioactive waste and spent nuclear fuel 
with the safety of using other methods of rail transportation for 
Reports. 
transporting that waste and fuel. The Secretary of Transportation 
shall submit to Congress not later than November 16, 1991, a 
report on the results of the study. 
(c) SAFE RAIL TRANSPORTATION REGULATIONS.—Not later than 
November 16, 1992, after considering the results of the study con-
ducted under subsection (b) of this section, the Secretary of 
Transportation shall prescribe amendments to existing regulations 
that the Secretary considers appropriate to provide for the safe 
rail transportation of high-level radioactive waste and spent nuclear 
fuel, including trains operated only for transporting high-level radio-
active waste and spent nuclear fuel. 
(d) ROUTES AND MODES STUDY.—Not later than November 16, 
1991, the Secretary of Transportation shall conduct a study to 
decide which factors, if any, shippers and carriers should consider 
when selecting routes and modes that would enhance overall public 
safety related to the transportation of high-level radioactive waste 
and spent nuclear fuel. The study shall include— 
(1) notice and opportunity for public comment; and 
(2) an assessment of the degree to which at least the 
following affect the overall public safety of the transportation: 
(A) population densities. 
(B) types and conditions of modal 
infrastructures 
(including highways, railbeds, and waterways). 
(C) quantities of high-level radioactive waste and spent 
nuclear fuel. 
(D) emergency response capabilities. 
(E) exposure and other risk factors. 
(F) terrain considerations. 
(G) continuity of routes. 
(H) available alternative routes. 
(I) environmental impact factors. 
Regulations. 
(e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN 
MATERIAL.—(1) Not later than November 16, 1991, the Secretary 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 763 
of Transportation shall require by regulation that before each use 
of a motor vehicle to transport a highway-route-controlled quantity 
of radioactive material in commerce, the vehicle shall be inspected 
and certified as complying with this chapter and applicable United 
States motor carrier safety laws and regulations. The Secretary 
may require that the inspection be carried out by an authorized 
United States Government inspector or according to appropriate 
State procedures. 
(2) The Secretary' of Transportation may allow a person, 
transporting or causing to be transported a highway-route-con-
trolled quantity of radioactive material, to inspect the motor vehicle 
used to transport the material and to certify that the vehicle com-
plies with this chapter. The inspector qualification requirements 
the Secretary prescribes for an individual inspecting a motor vehicle 
apply to an individual conducting an inspection under this para-
graph. 
§5106. Handling criteria 
The Secretary of Transportation may prescribe criteria for han-
dling hazardous material, including— 
(1) a minimum, number of personnel; 
(2) minimum levels of training and qualifications for 
personnel; 
(3) the kind and frequency of inspections; 
(4) equipment for detecting, warning of, and controlling 
risks posed by the hazardous material; 
(5) specifications for the use of equipment and facilities 
used in handling and transporting the hazardous material; 
and 
(6) a system of monitoring safety procedures for transport-
ing the hazardous material. 
§5107. Hazmat employee training requirements and grants 
Regulations. 
(a) TRAINING REQUIREMENTS.—The Secretary of Transportation 
shall prescribe by regulation requirements for training that a 
hazmat employer must give hazmat employees of the employer 
on the safe loading, unloading, handling, storing, and transporting 
of hazardous material and emergency preparedness for responding 
to an accident or incident involving the trsinsportation of hazardous 
material. The regulations— 
(1) shall establish the date, as provided by subsection (b) 
of this section, by which the training shall be completed; and 
(2) may provide for different training for different classes 
or categories of hazardous material and hazmat employees. 
(b) 
BEGINNING 
AND 
COMPLETING 
TRAINING.—A 
hazmat 
employer shall begin the training of hazmat employees of the 
employer not later than 6 months after the Secretary of Transpor-
tation prescribes the regulations under subsection (a) of this section. 
The training shall be completed within a reasonable period of 
time after— 
(1) 6 months after the regulations are prescribed; or 
(2) the date on which an individual is to begin carrying 
out a duty or power of a hazmat employee if the individual 
is employed as a hazmat employee after the 6-month period. 
(c) CERTIFICATION OF TRAiNiNG.^After completing the training, 
each hazmat employer shall certify, with documentation the Sec-
retary of Transportation may require by regulation, that the hazmat 
108 STAT. 764 
PUBLIC LAW 103-272—JULY 5, 1994 
employees of the employer have received training and have been 
tested on appropriate transportation areas of responsibility, includ-
ing at least one of the following: 
(1) recognizing and understanding the Department of 
Transportation hazardous material classification system. 
(2) the use and limitations of the Department hazardous 
material placarding, labeling, and marking systems. 
(3) general handling procedures, loading and unloading 
techniques, and strategies to reduce the probability of release 
or damage during or incidental to transporting hazardous mate-
rial. 
(4) health, safety, and risk factors associated with hazard-
ous material and the transportation of hazardous material. 
(5) appropriate emergency response and communication 
procedures for dealing with an accident or incident involving 
hazardous material transportation. 
(6) the use of the Department Emergency Response Guide-
book and recognition of its limitations or the use of equivalent 
documents and recognition of the limitations of those docu-
ments. 
(7) applicable hazardous material transportation regula-
tions. 
(8) personal protection techniques. 
(9) preparing a shipping document for transporting hazard-
ous material. 
(d) COORDINATION OF TRAINING REQUIREMENTS.—In consulta-
tion with the Administrator of the Environmental Protection Agency 
and the Secretary of Labor, the Secretary of Transportation shall 
ensure that the training requirements prescribed under this section 
do not conflict with— 
(1) the requirements of regulations the Secretary of Labor 
prescribes related to hazardous waste operations and emer-
gency response that are contained in part 1910 of title 29, 
Code of Federal Regulations; and 
(2) the regulations the Agency prescribes related to worker 
protection standards for hazardous waste operations that are 
contained in part 311 of title 40, Code of Federal Regulations. 
(e) TRAINING GRANTS.—In consultation with the Secretaries 
of Transportation and Labor and the Administrator, the Director 
of the National Institute of Environmental Health Sciences may 
make grants to train hazmat employees under this section. A grant 
under this subsection shall be made to a nonprofit organization 
that demonstrates— 
(1) expertise in conducting a training program for hazmat 
employees; and 
(2) the ability to reach and involve in a training program 
a target population of hazmat employees. 
(f) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 
44 does not apply to an activity of the Secretary of Transportation 
under subsections (a)-(d) of this section. 
(2) An action of the Secretary of Transportation under sub-
sections (a)-(d) of this section and sections 5106, 5108(a)-(g)(l) 
and (h), and 5109 of this title is not an exercise, under section 
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce 
standards or regulations affecting occupational safety or health. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 765 
§5108. Registration 
(a) PERSONS REQUIRED TO FILE.—(1) A person shall file a reg-
istration statement with the Secretary of Transportation under 
this subsection if the person is transporting or causing to be trans-
ported in commerce any of the following: 
(A) a highway-route-controlled quantity of radioactive 
material. 
(B) more than 25 kilograms of a class A or B explosive 
in a motor vehicle, rail car, or transport container. 
(C) more than one liter in each package of a hazardous 
material the Secretary designates as extremely toxic by inhala-
tion. 
(D) hazardous material in a bulk package, container, or 
tank, as defined by the Secretary, if the package, container, 
or tank has a capacity of at least 3,500 gallons or more than 
468 cubic feet. 
(E) a shipment of at least 5,000 pounds (except in a bulk 
packaging) of a class of hazardous material for which placarding 
of a vehicle, rail car, or freight container is required under 
regulations prescribed under this chapter. 
(2) The Secretary of Transportation may require any of the 
following persons to file a registration statement with the Secretary 
under this subsection: 
(A) a person transporting or causing to be transported 
hazardous material in commerce and not required to file a 
registration statement under paragraph (1) of this subsection. 
(B) 
a 
person 
manufacturing, 
fabricating, 
marking, 
maintaining, reconditioning, repairing, or testing a package 
or container the person represents, marks, certifies, or sells 
for use in transporting in commerce hazardous material the 
Secretary designates. 
(3) A person required to file a registration statement under 
this subsection may transport or cause to be transported, or manu-
facture, fabricate, mark, maintain, recondition, repair, or test a 
package or container for use in transporting, hazardous material, 
only if the person has a statement on file as required by this 
subsection. 
(b) FORM, CONTENTS, AND LIMITATION ON FILINGS.—(1) A reg- Regulations, 
istration statement under subsection (a) of this section shall be 
in the form and contain information the Secretary of Transportation 
requires by regulation. The Secretary may use existing forms of 
the Department of Transportation and the Environmental Protec-
tion Agency to carry out this subsection. The statement shall 
include— 
(A) the name and principal place of business of the reg-
istrant; 
(B) a description of each activity the registrant carries 
out for which filing a statement under subsection (a) of this 
section is required; and 
(C) each State in which the person carries out the activity. 
(2) A person carrying out more than one activity, or an activity 
at more than one location, for which filing is required only has 
to file one registration statement to comply with subsection (a) 
of this section. 
(c) FILING DEADLINES AND AMENDMENTS.—(1) Each person 
required to file a registration statement under subsection (a) of 
this section must file the first statement not later than March 
108 STAT. 766 
PUBLIC LAW 103-272—JULY 5, 1994 
31, 1992. The Secretary of Transportation may extend that date 
to September 30, 1992, for activities referred to in subsection (a)(1) 
of this section. A person shall renew the statement periodically 
consistent with regulations the Secretary prescribes, but not more 
than once each year and not less than once every 5 years. 
(2) The Secretary of Transportation shall decide by regulation 
when and under what circumstances a registration statement must 
be amended and the procedures to follow in amending the state-
ment. 
(d) SIMPLIFYING THE REGISTRATION PROCESS.—^The Secretary 
of Transportation may take necessary action to simplify the registra-
tion process under subsections (a)-(c) of this section and to minimize 
the number of applications, documents, and other information a 
person is required to file under this chapter and other laws of 
the United States. 
(e) COOPERATION WITH ADMINISTRATOR.—The Administrator of 
the Environmental Protection Agency shall assist the Secretary 
of Transportation in carrying out subsections (a)-(g)(l) and (h) 
of this section by providing the Secretary with information the 
Secretary requests to carry out the objectives of subsections (a)-
(g)(1) and (h). 
(f) AVAILABILITY OF STATEMENTS.—The Secretary of Transpor-
tation shall make a registration statement filed under subsection 
(a) of this section available for inspection by any person for a 
fee the Secretary establishes. However, this subsection does not 
require the release of information described in section 552(f) of 
title 5 or otherwise protected by law from disclosure to the public. 
(g) FEES.—(1) The Secretary of Transportation may establish, 
impose, and collect from a person required to file a registration 
statement under subsection (a) of this section a fee necessary to 
pay for the costs of the Secretary in processing the statement. 
Regulations. 
(2)(A) In addition to a fee established under paragraph (1) 
of this subsection, the Secretary of Transportation shall establish 
and impose by regulation and collect an annual fee. Subject to 
subparagraph (B) of this paragraph, the fee shall be at least $250 
but not more than $5,000 from each person required to file a 
registration statement under this section. The Secretary shall deter-
mine the amount of the fee under this paragraph on at least 
one of the following: 
(i) gross revenue from transporting hazardous material, 
(ii) the type of hazardous material transported or caused 
to be transported. 
(iii) the amount of hazardous material transported or 
caused to be transported. 
(iv) the number of shipments of hazardous material. 
(v) the number of activities that the person carries out 
for which filing a registration statement is required under 
this section. 
(vi) the threat to property, individuals, and the environ-
ment from an accident or incident involving the hazardous 
material transported or caused to be transported. 
(vii) the percentage of gross revenue derived 
from 
transporting hazardous material. 
(viii) the amount to be made available to carry out sections 
5107(e), 5108(g)(2), 5115, and 5116 of this title. 
(ix) other factors the Secretary considers appropriate. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 767 
(B) The Secretary of Transportation shall adjust the amount 
being collected under this paragraph to reflect any unexpended 
balance in the account established under section 5116(i) of this 
title. However, the Secretary is not required to refund any fee 
collected under this paragraph. 
(C) The Secretary of Transportation shall transfer to the Sec-
retary of the Treasury amounts the Secretary of Transportation 
collects under this paragraph for deposit in the account the Sec-
retary of the Treasury establishes under section 5116(i) of this 
title. 
(h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.— 
The Secretary of Transportation may prescribe regulations requiring 
a person required to file a registration statement under subsection 
(a) of this section to maintain proof of the filing and payment 
of fees imposed under subsection (g) of this section. 
(i) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 
44 does not apply to an activity of the Secretary of Transportation 
under subsections (aMgXD and (h) of this section. 
(2)(A) This section does not apply to an employee of a hazmat 
employer. 
(B) Subsections (aMh) of this section do not apply to a depart-
ment, agency, or instrumentality of the United States Grovemment, 
an authority of a State or political subdivision of a State, or an 
employee of a department, agency, instrumentality, or authority 
carrying out official duties. 
§ 5109. Motor carrier safety permits 
(a) REQUIREMENT.—^A motor carrier may transport or cause 
to be transported by motor vehicle in commerce hazardous material 
only if the carrier holds a ssifety permit the Secretary of Transpor-
tation issues under this section authorizing the transportation and 
keeps a copy of the permit, or other proof of its existence, in 
the vehicle. The Secretary shall issue a permit if the Secretary 
finds the carrier is fit, willing, and able— 
(1) to provide the transportation to be authorized by the 
permit; 
(2) to comply with this chapter and regulations the Sec-
retary prescribes to carry out this chapter; and 
(3) to comply with applicable United States motor carrier 
safety laws and regulations and applicable minimum financial 
responsibility laws and regulations. 
(b) APPLICABLE TRANSPORTATION.—The Secretary shall pre- Regulations. 
scribe by regulation the hazardous material and amounts of hazard-
ous material to which this section applies. However, this section 
shall apply at least to transportation by a motor carrier, in amounts 
the Secretary establishes, of— 
(1) a class A or B explosive; 
(2) liquefied natural gas; 
(3) hazardous material the Secretary designates 
as 
extremely toxic by inhalation; and 
(4) a highway-route-controlled quantity of radioactive mate-
rial, as defined by the Secretary. 
(c) APPLICATIONS.—^A. motor carrier shall file an application 
with the Secretary for a safety permit to provide transportation 
under this section. The Secretary may approve any part of the 
application or deny the application. The application shall be under 
oath and contain information the Secretary requires by regulation. 
108 STAT. 768 
PUBLIC LAW 103-272—JULY 5, 1994 
(d) AMENDMENTS, SUSPENSIONS, AND REVOCATIONS.—(1) After 
notice and an opportunity for a hearing, the Secretary may amend, 
suspend, or revoke a safety permit, as provided by procedures 
prescribed under subsection (e) of this section, when the Secretary 
decides the motor carrier is not complying with a requirement 
of this chapter, a regulation prescribed under this chapter, or an 
applicable United States motor carrier safety law or regulation 
or minimum financial responsibility law or regulation. 
(2) If the Secretary decides an imminent hazard exists, the 
Secretary may amend, suspend, or revoke a permit before schedul-
ing a hearing. 
Regulations. 
(e) PROCEDURES.—^The Secretary shall prescribe by regulation— 
(1) application procedures, including form, content, and 
fees necessary to recover the complete cost of carrying out 
this section; 
(2) standards for deciding the duration, terms, and limita-
tions of a safety permit; 
(3) procedures to amend, suspend, or revoke a permit; 
and 
(4) other procedures the Secretary considers appropriate 
to carry out this section. 
(f) SHIPPER RESPONSIBILITY.—^A person offering 
hazardous 
material for motor vehicle transportation in commerce may offer 
the material to a motor carrier only if the carrier has a safety 
permit issued under this section authorizing the transportation. 
(g) CONDITIONS.—^A motor carrier may provide transportation 
under a safety permit issued under this section only if the carrier 
complies with conditions the Secretary finds are required to protect 
public safety. 
(h) REGULATIONS.—^The Secretary shall prescribe regulations 
necessary to carry out this section not later than November 16, 
1991. 
§5110. Shipping papers and disclosure 
(a) PROVIDING SHIPPING PAPERS.—Each person offering for 
transportation in commerce hazardous material to which the ship-
ping paper requirements of the Secretary of Transportation apply 
shall provide to the carrier providing the transportation a shipping 
paper that makes the disclosures the Secretary prescribes under 
subsection (b) of this section. 
(b) CONSIDERATIONS AND REQUIREMENTS.—In carrying out sub-
section (a) of this section, the Secretary shall consider and may 
require— 
(1) a description of the hazardous material, including the 
proper shipping name; 
(2) the hazard class of the hazardous material; 
(3) the identification number (UN/NA) of the hazardous 
material; 
(4) immediate first action emergency response information 
or a way for appropriate reference to the information (that 
must be available immediately); and 
(5) a telephone number for obtaining more specific handling 
and mitigation information about the hazardous material at 
any time during which the material is transported. 
(c) KEEPING SHIPPING PAPERS ON THE VEHICLE.—(1) A motor 
carrier, and the person offering the hazardous material for transpor-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 769 
tation if a private motor carrier, shall keep the shipping paper 
on the vehicle transporting the material. 
(2) Except as provided in paragraph (1) of this subsection, 
the shipping paper shall be kept in a location the Secretary specifies 
in a motor vehicle, train, vessel, aircraft, or facility until— 
(A) the hazardous material no longer is in transportation; 
or 
(B) the documents are made available to a representative 
of a department, agency, or instrumentality of the United States 
Government or a State or local authority responding to an 
accident or incident involving the motor vehicle, train, vessel, 
aircraft, or facility. 
(d) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES.—^When 
an incident involving hazardous material being transported in com-
merce occurs, the person transporting the material, immediately 
on request of appropriate emergency response authorities, shall 
disclose to the authorities information about the material. 
§5111. Rail tank cars 
A rail tank car built before January 1, 1971, may be used 
to transport hazardous material in commerce only if the air brake 
equipment support attachments of the car comply with the stand-
ards for attachments contained in sections 179.100-16 and 179.200-
19 of title 49, Code of Federal Regulations, in effect on November 
16, 1990. 
§ 5112. Highway routing of hazardous material 
(a) APPLICATION.—(1) This section applies to a motor vehicle 
only if the vehicle is transporting hazardous material in commerce 
for which placarding of the vehicle is required under regulations 
prescribed under this chapter. However, the Secretary of Transpor-
tation by regulation may extend application of this section or a 
standard prescribed under subsection (b) of this section to— 
(A) any use of a vehicle under this paragraph to transport 
any hazardous material in commerce; and 
(B) any motor vehicle used to transport hazardous material 
in commerce. 
(2) Except as provided by subsection (d) of this section and 
section 5125(c) of this title, each State and Indian tribe may estab-
lish, maintain, and enforce— 
(A) designations of specific highway routes over which 
hazardous material may and may not be transported by motor 
vehicle; and 
(B) limitations and requirements related to highway rout-
ing. 
(b) STANDARDS FOR STATES AND INDIAN TRIBES.—(1) The Sec- Regulations, 
retary, in consultation with the States, shall prescribe by regulation 
standards for States and Indian tribes to use in carrying out sub-
section (a) of this section. The standards shall include— 
(A) a requirement that a highway routing designation, 
limitation, or requirement of a State or Indian tribe shall 
enhance public safety in the area subject to the jurisdiction 
of the State or tribe and in areas of the United States not 
subject to the jurisdiction of the State or tribe and directly 
affected by the designation, limitation, or requirement; 
108 STAT. 770 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) minimum procedural requirements to ensure public 
participation when the State or Indian tribe is establishing 
a highway routing designation, limitation, or requirement; 
(C) a requirement that, in establishing a highway routing 
designation, limitation, or requirement, a State or Indian tribe 
consult with appropriate State, local, and tribal officials having 
jurisdiction over areas of the United States not subject to 
the jurisdiction of that State or tribe establishing the designa-
tion, limitation, or requirement and with affected industries; 
(D) a requirement that a highway routing designation, 
limitation, or requirement of a State or Indian tribe shall 
ensure through highway routing for the transportation of 
hazardous material between adjacent areas; 
(E) a requirement that a highway routing designation, 
limitation, or requirement of one State or Indian tribe affecting 
the transportation of hazardous material in another State or 
tribe may be established, maintained, and enforced by the 
State or tribe establishing the designation, limitation, or 
requirement only if— 
(i) the designation, limitation, or requirement is agreed 
to by the other State or tribe within a reasonable period 
or is approved by the Secretary under subsection (d) of 
this section; and 
(ii) the designation, limitation, or requirement is not 
an unreasonable burden on commerce; 
(F) a requirement that establishing a highway routing des-
ignation, limitation, or requirement of a State or Indian tribe 
be completed in a timely way; 
(G) a requirement that a highway routing designation, 
limitation, or requirement of a State or Indian tribe provide 
reasonable routes for motor vehicles transporting hazardous 
material to reach terminals, facilities for food, fuel, repairs, 
and rest, and places to load and unload hazardous material; 
(H) a requirement that a State be responsible— 
(i) for ensuring that political subdivisions of the State 
comply with standards prescribed under this subsection 
in establishing, maintaining, and enforcing a highway rout-
ing designation, limitation, or requirement; and 
(ii) for resolving a dispute between political subdivi-
sions; and 
(I) a requirement that, in carrying out subsection (a) of 
this section, a State or Indian tribe shall consider— 
(i) population densities; 
(ii) the types of highways; 
(iii) the types and amounts of hazardous material; 
(iv) emergency response capabilities; 
(v) the results of consulting with affected persons; 
(vi) exposure and other risk factors; 
(vii) terrain considerations; 
(viii) the continuity of routes; 
(ix) alternative routes; 
(x) the effects on commerce; 
(xi) delays in transportation; and 
(xii) other factors the Secretary considers appropriate. 
(2) The Secretary may not assign a specific weight that a 
State or Indian tribe shall use when considering the factors under 
paragraph (1)(I) of this subsection. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 771 
(c) LIST OF ROUTE DESIGNATIONS.—In coordination with the Records. 
States, the Secretary shall update and publish periodically a list Publication, 
of currently effective hazardous material highway route designa-
tions. 
(d) DISPUTE RESOLUTION.—(1) The Secretary shall prescribe Regulations, 
regulations for resolving a dispute related to through highway 
routing or to an agreement with a proposed highway route designa-
tion, limitation, or requirement between or among States, political 
subdivisions of different States, or Indian tribes. 
(2) A State or Indian tribe involved in a dispute under this 
subsection may petition the Secretary to resolve the dispute. The 
Secretary shall resolve the dispute not later than one year after 
receiving the petition. The resolution shall provide the greatest 
level of highway safety without being an unreasonable burden on 
commerce and shall ensure compliance with standards prescribed 
under subsection (b) of this section. 
(3)(A) After a petition is filed under this subsection, a civil 
action about the subject matter of the dispute may be brought 
in a court only after the earlier o
f
—
-
(i) the day the Secretary issues a final decision; or 
(ii) the last day of the one-year period beginning on the 
day the Secretary receives the petition. 
(B) A State or Indian tribe adversely affected by a decision 
of the Secretary under this subsection may bring a civil action 
for judicial review of the decision in an appropriate district court 
of the United States not later than 89 days after the day the 
decision becomes final. 
(e) RELATIONSHIP TO OTHER LAWS.—This section and regula-
tions prescribed under this section do not affect sections 31111 
and 31113 of this title or section 127 of title 23. 
(f) EXISTING RADIOACTIVE MATERIAL ROUTING REGULATIONS.— 
The Secretary is not required to amend or again prescribe regula-
tions related to highway routing designations over which radioactive 
material may and may not be transported by motor vehicles, and 
limitations and requirements related to the routing, that were 
in effect on November 16, 1990. 
§ 5113. Unsatisfactory safety rating 
(a) PROHIBITED TRANSPORTATION.—^A motor carrier receiving 
an unsatisfactory safety rating from the Secretary of Transportation 
has 45 days to improve the rating to conditional or satisfactory. 
Beginning on the 46th day and until the motor carrier receives 
a conditional or satisfactory rating, a motor carrier not having 
received a conditional or satisfactory rating during the 45-day period 
may not operate a commercial motor vehicle (as defined in section 
31132 of this title)— 
(1) to transport hazardous material for which placarding 
of a motor vehicle is required under regulations prescribed 
under this chapter; or 
(2) to transport more than 15 individuals. 
(b) RATING REVIEW.—The Secretary shall review the factors 
that resulted in a motor carrier receiving an unsatisfactory rating 
not later than 30 days after the motor carrier requests a review. 
(c) PROHIBITED GOVERNMENT USE.—^A department, agency, or 
instrumentality of the United States Government may not use 
a motor carrier that has an unsatisfactory rating from the 
Secretary— 
108 STAT. 772 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) to transport hazardous material for which placarding 
of a motor vehicle is required under regulations prescribed 
under this chapter; or 
(2) to transport more than 15 individuals. 
Regulations. 
(d) PUBLIC AVAILABILITY AND UPDATING OF RATINGS.—^The Sec-
retary, in consultation with the Interstate Commerce Commission, 
shall prescribe regulations amending the motor carrier safety regu-
lations in subchapter B of chapter III of title 49, Code of Federal 
Regulations, to establish a system to make readily available to 
the public, and update periodically, the safety ratings of motor 
carriers that have unsatisfactory ratings from the Secretary. 
§ 5114. Air transportation of ionizing radiation material 
(a) TRANSPORTING IN AIR COMMERCE.—Material that emits ion-
izing radiation spontaneously may be transported on a passenger-
carrying aircraft in air commerce (as defined in section 40102(a) 
of this title) only if the material is intended for a use in, or 
incident to, research or medical diagnosis or treatment and does 
not present an unreasonable hazard to health and safety when 
being prepared for, and during, transportation. 
(b) PROCEDURES.—The Secretary of Transportation shall pre-
scribe procedures for monitoring and enforcing regulations pre-
scribed under this section. 
(c) NONAPPLICATION.—^This section does not apply to material 
the Secretary decides does not pose a significant hazard to health 
or safety when transported because of its low order of radioactivity. 
§ 5115. Training curriculum for the public sector 
(a) DEVELOPMENT AND UPDATING.—Not later than November 
16, 1992, in coordination with the Director of the Federal Emergency 
Management Agency, Chairman of the Nuclear Regulatory Commis-
sion, Administrator of the Environmental Protection Agency, Sec-
retaries of Labor, Energy, and Health and Human Services, and 
Director of the National Institute of Environmental Health Sciences, 
and using the existing coordinating mechanisms of the national 
response team and, for radioactive material, the Federal Radiologi-
cal Preparedness 
Coordinating 
Committee, the Secretary of 
Transportation shall develop and update periodically a curriculum 
consisting of a list of courses necessary to train public sector emer-
gency response and preparedness teams. Only in developing the 
curriculum, the Secretary of Transportation shall consult with 
regional response teams established under the national contingency 
plan established under section 105 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605), representatives of commissions established under sec-
tion 301 of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001), persons (including govern-
mental entities) that provide training for responding to accidents 
and incidents involving the transportation of hazardous material, 
and representatives of persons that respond to those accidents 
and incidents. 
(b) REQUIREMENTS.—^The curriculum developed under sub-
section (a) of this section— 
(1) shall include— 
(A) a recommended course of study to train public 
sector employees to respond to an accident or incident 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 773 
involving the transportation of hazardous material and 
to plan for those responses; 
(B) recommended basic courses and minimum number 
of hours of instruction necessary for public sector employees 
to be able to respond safely and efficiently to an accident 
or incident involving the transportation of hazardous mate-
rial and to plan those responses; and 
(C) appropriate emergency response training and plan-
ning programs for public sector employees developed under 
other United States Government grant programs, including 
those developed with grants made under section 126 of 
the Superfund Amendments and Reauthorization Act of 
1986 (42 U.S.C. 9660a); and 
(2) may include recommendations on material appropriate 
for use in a recommended basic course described in clause 
(1)(B) of this subsection. 
(c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.— 
A recommended basic course described in subsection (b)(1)(B) of 
this section shall provide the training necessary for public sector 
employees to comply with — 
(1) regulations related to hazardous waste operations and 
emergency response contained in part 1910 of title 29, Code 
of Federal Regulations, prescribed by the Secretary of Labor; 
(2) regulations related to worker protection standards for 
hazardous waste operations contained in part 311 of title 40, 
Code of Federal Regulations, prescribed by the Administrator; 
and 
(3) standards related to emergency response training pre-
scribed by the National Fire Protection Association. 
(d) 
DISTRIBUTION AND 
PUBLICATION.—With the national 
response team— 
(1) the Director of the Federal Emergency Management 
Agency shall distribute the curriculum and any updates to 
the curriculum to the regional response teams and all commit-
tees and commissions established under section 301 of the 
Emergency Planning and Community Right-To-Know Act of 
1986 (42 U.S.C. 11001); and 
(2) the Secretary of Transportation may publish a list of 
programs that uses a course developed under this section for 
training public sector employees to respond to an accident 
or incident involving the transportation of hazardous material. 
§ 5116. Planning and training grants, monitoring, and review Indians. 
(a) PLANNING GnANrrs.—(1) The Secretary of Transportation 
shall make grants to States— 
(A) to develop, improve, and carry out emergency plans 
under the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining 
flow patterns of hazardous material in a State and between 
States; and 
(B) to decide on the need for a regional hazardous material 
emergency response team. 
(2) The Secretary of Transportation may make a grant to a 
State under paragraph (1) of this subsection in a fiscal year only 
if the State— 
(A) certifies that the total amount the State expends (except 
amounts of the United States Government) to develop, improve. 
108 STAT. 774 
PUBLIC LAW 103-272—JULY 5, 1994 
and carry out emergency plans under the Act will at least 
equal the average level of expenditure for the last 2 fiscal 
years; and 
(B) agrees to make available at least 75 percent of the 
amount of the grant under paragraph (1) of this subsection 
in the fiscal year to local emergency planning committees estab-
lished under section 301(c) of the Act (42 U.S.C. 11001(c)) 
to develop emergency plans under the Act. 
(b) TRAINING GRANTS.—(1) The Secretary of Transportation 
shall make grants to States and Indiaix tribes to train public sector 
employees to respond to accidents and incidents involving hazardous 
material. 
(2) The Secretary of Transportation may make a grant under 
paragraph (1) of this subsection in a fiscal year— 
(A) to a State or Indian tribe only if the State or tribe 
certifies that the total amount the State or tribe expends (except 
amounts of the Government) to train public sector employees 
to respond to an accident or incident involving hazardous mate-
rial will at least equal the average level of expenditure for 
the last 2 fiscal years; 
(B) to a State or Indian tribe only if the State or tribe 
makes an agreement with the Secretary that the State or 
tribe will use in that fiscal year, for training public sector 
employees to respond to an accident or incident involving 
hazardous material— 
(i) a course developed or identified under section 5115 
of this title; or 
(ii) another course the Secretary decides is consistent 
with the objectives of this section; and 
(C) to a State only if the State agrees to make available 
at least 75 percent of the amount of the grant under paragraph 
(1) of this subsection in the fiscal year for training public 
sector employees a political subdivision of the State employs 
or uses. 
(3) A grant under this subsection may be used— 
(A) to pay— 
(i) the tuition costs of public sector employees being 
trained; 
(ii) travel expenses of those employees to and from 
the training facility; 
(iii) room and board of those employees when at the 
training facility; and 
(iv) travel expenses of individuals providing the train-
ing; 
(B) by the State, political subdivision, or Indian tribe to 
provide the training; and 
(C) to make an agreement the Secretary of Transportation 
approves authorizing a person (including an authority of a 
State or political subdivision of a State or Indian tribe) to 
provide the training— 
(i) if the agreement allows the Secretary and the State 
or tribe to conduct random examinations, inspections, and 
audits of the training without prior notice; and 
(ii) if the State or tribe conducts at least one on-
site observation of the training each year. 
(4) The Secretary of Transportation shall allocate amounts 
made available for grants under this subsection for a fiscal year 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 775 
among eligible States and Indian tribes based on the needs of 
the States and tribes for emergency response training. In making 
a decision about those needs, the Secretary shall consider— 
(A) the number of hazardous material facilities in the State 
or on land under the jurisdiction of the tribe; 
(B) the types and amounts of hazardous material trans-
ported in the State or on that land; 
(C) whether the State or tribe imposes and collects a fee 
on transporting hazardous material; 
(D) whether the fee is used only to carry out a purpose 
related to transporting hazardous material; and 
(E) other factors the Secretary decides are appropriate 
to carry out this subsection. 
(c) 
COMPLIANCE 
WITH 
CERTAIN 
LAW.—The 
Secretary 
of 
Transportation may make a grant to a State under this section 
in a fiscal year only if the State certifies that the State complies 
with sections 301 and 303 of the Emergency Planning and Commu-
nity Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003). 
(d) APPLICATIONS.—A State or Indian tribe interested in receiv-
ing a grant under this section shall submit an application to the 
Secretary of Transportation. The application must be submitted 
at the time, and contain information, the Secretary requires by 
regulation to carry out the objectives of this section. 
(e) GOVERNMENT'S SHARE OF COSTS.^A grant under this section 
is for 80 percent of the cost the State or Indian tribe incurs in 
the fiscal year to carry out the activity for which the grant is 
made. Amounts of the State or tribe under subsections (a)(2)(A) 
and (b)(2)(A) of this section are not part of the non-Grovernment 
share under this subsection. 
(0 MONITORING AND TECHNICAL ASSISTANCE.—In coordination 
with the Secretaries of Transportation and Energy, Administrator 
of the Environmental Protection Agency, and Director of the 
National Institute of Environmental Health Sciences, the Director 
of the Federal Emergency Management Agency shall monitor public 
sector emergency response planning and training for an accident 
or incident involving hazardous material. Considering the results 
of the monitoring, the Secretaries, Administrator, Eind Directors 
each shall provide technical assistance to a State, political subdivi-
sion of a State, or Indian tribe for carrying out emergency response 
training and planning for an accident or incident involving hazard-
ous material and shall coordinate the assistance using the existing 
coordinating mechanisms of the national response team and, for 
radioactive material, the Federal Radiological Preparedness Coordi-
nating Committee. 
(g) DELEGATION OF AUTHORITY.—^To minimize administrative 
costs £ind to coordinate Government grant programs for emergency 
response training and planning, the Secretary of Transportation 
may delegate to the Directors of the Federal Emergency Manage-
ment Agency and National Institute of Environmental Health 
Sciences, Chairman of the Nuclear Regulatory 
Commission, 
Administrator of the Environmental Protection Agency, and Sec-
retaries of Labor and Energy any of the following: 
(1) authority to receive applications for grants under this 
section. 
(2) authority to review applications for technical compliance 
with this section. 
108 STAT. 776 
PUBLIC LAW 103-272—JULY 5, 1994 
Federal 
Register, 
publication. 
(3) authority to review applications to recommend approval 
or disapproval. 
(4) any other ministerial duty associated with grants under 
this section. 
(h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.—The 
Secretaries of Transportation, Labor, and Energy, Directors of the 
Federal Emergency Management Agency and National Institute 
of Environmental Health Sciences, Chairman of the Nuclear Regu-
latory Commission, and Administrator of the Environmental Protec-
tion Agency shall review periodically, with the head of each depart-
ment, agency, or instrumentality of the Government, all emergency 
response and preparedness training programs of that department, 
agency, or instrumentality to minimize duplication of effort and 
expense of the department, agency, or instrumentality in carrying 
out the programs and shall take necessary action to minimize 
duplication. 
(i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.—The 
Secretary of the Treasury shall establish an account in the Treasury 
into which the Secretary of the Treasury shall deposit amounts 
the Secretary of Transportation collects under section 5108(g)(2)(A) 
of this title and transfers to the Secretary of the Treasury under 
section 5108(g)(2)(C) of this title. Without further appropriation, 
amounts in the account are available— 
(1) to make grants under this section and section 5107(e) 
of this title; 
(2) to monitor and provide technical assistance under sub-
section (f) of this section; and 
(3) to pay administrative costs of carrying out this section 
and sections 5107(e), 5108(g)(2), and 5115 of this title, except 
that not more than 10 percent of the amounts made available 
from the account in a fiscal year may be used to pay those 
costs. 
§ 5117. Exemptions and exclusions 
(a) AUTHORITY TO EXEMPT.—(1) As provided under procedures 
prescribed by regulation, the Secretary of Transportation may issue 
an exemption from this chapter or a regulation prescribed under 
section 5103(b), 5104, 5110, or 5112 of this title to a person 
transporting, or causing to be transported, hazardous material in 
a way that achieves a s^ety level— 
(A) at least equal to the SEifety level required under this 
chapter; or 
(B) consistent with the public interest and this chapter, 
if a required safety level does not exist. 
(2) An exemption under this subsection is effective for not 
more than 2 years and may be renewed on application to the 
Secretary. 
(b) APPLICATIONS.—^When applying for an exemption or renewal 
of an exemption under this section, the person must provide a 
SEifety analysis prescribed by the Secretary that justifies the exemp-
tion. The Secretary shall publish in the Federal Register notice 
that an application for an exemption has been filed and shall 
give the public an opportunity to inspect the safety analysis and 
comment on the application. This subsection does not require the 
release of information protected by law from public disclosure. 
(c) EXCLUSIONS.—(1) The Secretary shall exclude, in any part, 
from this chapter and regulations prescribed under this chapter— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 777 
(A) a public vessel (as defined in section 2101 of title 
46); 
(B) a vessel exempted under section 3702 of title 46 from 
chapter 37 of title 46; and 
(C) a vessel to the extent it is regulated under the Ports 
and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.). 
(2) This chapter and regulations prescribed under this chapter 
do not prohibit— 
(A) or regulate transportation of a firearm (as defined 
in section 232 of title 18), or ammunition for a firearm, by 
an individual for personal use; or 
(B) transportation of a firearm or ammunition in commerce. 
(d) LIMITATION ON AUTHORITY.—Unless the Secretary decides 
that an emergency exists, an exemption or renewal granted under 
this section is the only way a person subject to this chapter may 
be exempt from this chapter. 
§5118. Inspectors 
(a) GENERAL REQUIREMENT.—The Secretary of Transportation 
shall maintain the employment of 30 hazardous material safety 
inspectors more than the total number of safety inspectors author-
ized for the fiscal year that ended September 30, 1990, for the 
Federal Railroad Administration, the Federal Highway Administra-
tion, and the Research and Special Programs Administration. 
(b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING RADIO-
ACTIVE MATERIAL.—(1) The Secretary shall ensure that 10 of the 
30 additional inspectors focus on promoting safety in transporting 
radioactive material, as defined by the Secretary, including 
inspecting— 
(A) at the place of origin, shipments of high-level radio-
active waste or nuclear spent material (as those terms are 
defined in section 5105(a) of this title); and 
(B) to the maximum extent practicable shipments of radio-
active material that are not high-level radioactive waste or 
nuclear spent material. 
(2) In carrying out their duties, those 10 additional inspectors 
shall cooperate to the greatest extent possible with safety inspectors 
of the Nuclear Regulaton^ Commission and appropriate State and 
local government officials. 
(3) Those 10 additional inspectors shall be allocated as follows: 
(A) one to the Research and Special Programs Administra-
tion. 
(B) 3 to the Federal Railroad Administration. 
(C) 3 to the Federal Highway Administration. 
(D) the other 3 among the administrations referred to 
in clauses (A)-(C) of this paragraph as the Secretary decides. 
(c) ALLOCATION OF OTHER INSPECTORS.—^The Secretary shall 
allocate, as the Secretary decides, the 20 additional inspectors 
authorized under this section and not allocated under subsection 
(b) of this section among the administrations referred to in sub-
section (b)(3)(A)-(C) of this section. 
§ 5119. Uniform forms and procedures 
(a) WORKING GROUP.—The Secretary of Transportation shall 
establish a working group of State and local government officials, 
including representatives of the National Governors' Association, 
the National Association of Counties, the National League of Cities, 
108 STAT. 778 
PUBLIC LAW 103-272—JULY 5, 1994 
the United States Conference of Mayors, and the National Con-
ference of State Legislatures. The purposes of the working group 
are— 
(1) to establish uniform forms and procedures for a State— 
(A) to register persons that transport or cause to be 
transported hazardous material by motor vehicle in the 
State; and 
(B) to allow the transportation of hazardous material 
in the State; and 
(2) to decide whether to limit the filing of any State reg-
istration and permit forms and collection of filing fees to the 
State in which the person resides or has its principal place 
of business. 
(b) CONSULTATION AND REPORTING.—^The working group— 
(1) shall consult with persons subject to registration and 
permit requirements described in subsection (a) of this section; 
and 
(2) not later than November 16, 1993, shall submit to 
the Secretary, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Public 
Works and Transportation of the House of Representatives 
a final report that contains— 
(A) a detailed statement of its findings and conclusions; 
and 
(B) its joint recommendations on the matters referred 
to in subsection (a) of this section. 
(c) REGULATIONS ON RECOMMENDATIONS.—(1) The Secretary 
shall prescribe regulations to carry out the recommendations con-
tained in the report submitted under subsection (b) of this section 
with which, the Secretary agrees. The regulations shall be prescribed 
by the later of the last day of the 3-year period beginning on 
the date the working group submitted its report or the last day 
of the 90-day period beginning on the date on which at least 
26 States adopt all of the recommendations of the report. A regula-
tion prescribed under this subsection may not define or limit the 
amount of a fee a State may impose or collect. 
(2) A regulation prescribed under this subsection takes effect 
one year after it is prescribed. The Secretary may extend the 
one-year period for an additional year for good cause. After a 
regulation is effective, a State may establish, maintain, or enforce 
a requirement related to the same subject matter only if the require-
ment is the same as the regulation. 
(3) In consultation with the working group, the Secretary shall 
develop a procedure to eliminate differences in how States carry 
out a regulation prescribed under this subsection. 
(d) RELATIONSHIP TO OTHER LAWS.—^The Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the working 
group. 
§5120. International uniformity of standards and require-
ments 
(a) PARTICIPATION IN INTERNATIONAL FORUMS.—Subject to guid-
ance and direction from the Secretary of State, the Secretary of 
Transportation shall participate in international forums that estab-
lish or recommend mandatory steindards and requirements for 
transporting hazardous material in international commerce. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 779 
(b) CONSULTATION.—^The Secretary of Transportation may con-
sult with interested authorities to ensure that, to the extent prac-
ticable, regulations the Secretary prescribes under sections 5103(b), 
5104, 5110, and 5112 of this title are consistent with standards 
related to transporting hazardous material that international 
authorities adopt. 
(c) 
DIFFERENCES 
WITH 
INTERNATIONAL 
STANDARDS AND 
REQUIREMENTS.—^This section— 
(1) does not require the Secretary of Transportation to 
prescribe a standard identical to a standard adopted by an 
international authority if the Secretary decides the standard 
is unnecessary or unsafe; and 
(2) does not prohibit the Secretary from prescribing a safety 
requirement more stringent than a requirement included in 
a standard adopted by an international authority if the Sec-
retary decides the requirement is necessary in the public 
interest. 
§5121. Administrative 
(a) GENERAL AUTHORITY.—^To carry out this chapter, the Sec-
retary of Transportation may investigate, make reports, issue 
subpenas, conduct hearings, require the production of records and 
property, take depositions, and conduct research, development, dem-
onstration, and training activities. After notice and an opportunity 
for a hearing, the Secretary may issue an order requiring compli-
ance with this chapter or a regulation prescribed under this chapter. 
(b) RECORDS, REPORTS, AND INFORMATION.—A person subject 
to this chapter shall— 
(1) maintain records, make reports, and provide informa-
tion the Secretary by regulation or order requires; and 
(2) make the records, reports, and information available 
when the Secretary requests. 
(c) INSPECTION.—(1) The Secretary may authorize an officer, 
employee, or agent to inspect, at a reasonable time and in a reason-
able way, records and property related to— 
(A) manufacturing, fabricating, marking, maintaining, 
reconditioning, repairing, testing, or distributing a package or 
container for use by a person in transporting hazardous mate-
rial in commerce; or 
(B) the transportation of hazardous material in commerce. 
(2) An officer, employee, or agent under this subsection shall 
display proper credentials when requested. 
(d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, EMER-
GENCIES, AND ACTIONS.—(1) The Secretary shall— 
(A) maintain a facility and technical staff sufficient to 
provide, within the United States Government, the capability 
of evaluating a risk related to the transportation of hazardous 
material anof material alleged to be hazardous; 
(B) maintain a central reporting system and information 
center capable of providing information and advice to law 
enforcement 
and tirefighting 
personnel, other 
interested 
individuals, and officers and employees of the Government and 
State and local governments on meeting an emergency related 
to the transportation of hazardous material; and 
(C) conduct a continuous review on all aspects of transport-
ing hazardous material to decide on and take appropriate 
actions to ensure safe transportation of hazardous material. 
108 STAT. 780 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) Paragraph (1) of this subsection does not prevent the Sec-
retary from making a contract with a private entity for use of 
a supplemental reporting system and information center operated 
and maintained by the contractor. 
(e) ANNUAL REPORT.—The Secretary shall submit to the Presi-
dent, for submission to Congress, not later than June 15th of 
each year, a report about the transportation of hazardous material 
during the prior calendar year. The report shall include— 
(1) a statistical compilation of accidents and casualties 
related to the transportation of hazardous material; 
(2) a list and summary of applicable Government regula-
tions, criteria, orders, and exemptions; 
(3) a summary of the basis for each exemption; 
(4) an evaluation of the effectiveness of enforcement activi-
ties and the degree of voluntary compliance with regulations; 
(5) a summary of outstanding problems in carrying out 
this chapter in order of priority; and 
(6) recommendations for appropriate legislation. 
§5122. Enforcement 
(a) GENERAL.—^At the request of the Secretary of Transpor-
tation, the Attorney General may bring Vcivil action in an appro-
priate district court of the United States to enforce this chapter 
or a regulation prescribed or order issued under this chapter. The 
court may award appropriate relief, including punitive damages. 
(b) IMMINENT HAZARDS.—(1) If the Secretary has reason to 
believe that an imminent hazard exists, the Secretary may bring 
a civil action in an appropriate district court of the United States— 
(A) to suspend or restrict the transportation of the hazard-
ous material responsible for the hazard; or 
(B) to eliminate or ameliorate the hazard. 
(2) On request of the Secretary, the Attorney General shall 
bring an action under paragraph (1) of this subsection. 
§5123. Civil penalty 
(a) PENALTY.—(1) A person that knowingly violates this chapter 
or a regulation prescribed or order issued under this chapter is 
liable to the United States Government for a civil penalty of at 
least $250 but not more than $25,000 for each violation. A person 
acts knowingly when— 
(A) the person has actual knowledge of the facts giving 
rise to the violation; or 
(B) a reasonable person acting in the circumstances and 
exercising reasonable care would have that knowledge. 
(2) A separate violation occurs for each day the violation, 
committed by a person that transports or causes to be transported 
hazardous material, continues. 
(b) HEARING REQUIREMENT.—The Secretary of Transportation 
may find that a person has violated this chapter or a regulation 
prescribed under this chapter only after notice and an opportunity 
for a hearing. The Secretary shall impose a penalty under this 
section by giving the person written notice of the amount of the 
penalty. 
(c) PENALTY CONSIDERATIONS.—In determining the amount of 
a civil penalty under this section, the Secretary shall consider— 
(1) the nature, circumstances, extent, and gravity of the 
violation; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 781 
t 
(2) with respect to the violator, the degree of culpability, 
any history of prior violations, the ability to pay, £ind any 
effect on the ability to continue to do business; and 
(3) other matters that justice requires. 
(d) CIVIL ACTIONS TO COLLECT.—The Attorney General may 
bring a civil action in an appropriate district court of the United 
States to collect a civil penalty under this section. 
(e) COMPROMISE.—^The Secretary may compromise the amount 
of a civil penalty imposed under this section before referral to 
the Attorney General. 
(f) SETOFF.—^The Grovemment may deduct the amount of a 
civil penalty imposed or compromised under this section from 
amounts it owes the person liable for the penalty. 
(g) 
DEPOSITING 
AMOUNTS 
COLLECTED.—^Amounts 
collected 
under this section shall be deposited in the Treasury as miscellane-
ous receipts. 
§ 5124. Criminal penalty 
A person knowingly violating section 5104(b) of this title or 
willfully violating this chapter or a regulation prescribed or order 
issued under this chapter shall be fined under title 18, imprisoned 
for not more than 5 years, or both. 
§5125. Preemption 
(a) GENERAL.—Except as provided in subsections (b), (c), and 
(e) of this section, a requirement of a State, political subdivision 
of a State, or Indian tribe is preempted if— 
(1) complying with a requirement of the State, political 
subdivision, or tribe and a requirement of this chapter or a 
regulation prescribed under this chapter is not possible; or 
(2) the requirement of the State, political subdivision, or 
tribe, as applied or enforced, is an obstacle to accomplishing 
and carrying out this chapter or a regulation prescribed under 
this chapter. 
(b) SUBSTANTIVE DIFFERENCES.—(1) Except as provided in sub-
section (c) of this section, a law, regulation, order, or other require-
ment of a State, political subdivision of a State, or Indian tribe 
about any of the following subjects, that is not substantively the 
same as a provision of this chapter or a regulation prescribed 
under this chapter, is preempted: 
(A) the designation, description, and classification of 
hazardous material. 
(B) the packing, repacking, handling, labeling, marking, 
and placarding of hazardous material. 
(C) the preparation, execution, and use of shipping docu-
ments related to hazardous material and requirements related 
to the number, contents, and placement of those documents. 
(D) the written notification, recording, and reporting of 
the unintentional release in transportation of hazardous mate-
rial. 
(E) the design, manufacturing, 
fabricating, 
marking, 
maintenance, reconditioning, repairing, or testing of a package 
or container represented, marked, certified, or sold as qualified 
for use in transporting hazardous material. 
(2) If the Secretary of Transportation prescribes or has pre-
scribed under section 5103(b), 5104, 5110, or 5112 of this title 
or prior comparable provision of law a regulation or standard related 
79-194 O—95—3 : QL 3 Part 2 
108 STAT. 782 
PUBLIC LAW 103-272—JULY 5, 1994 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
Regulations. 
to a subject referred to in paragraph (1) of this subsection, a 
State, political subdivision of a State, or Indian tribe may prescribe, 
issue, maintain, and enforce only a law, regulation, standard, or 
order about the subject that is substantively the same as a provision 
of this chapter or a regulation prescribed or order issued under 
this chapter. The Secretary shall decide on and publish in the 
Federal Register the effective date of section 5103(b) of this title 
for any regulation or standard about any of those subjects that 
the Secretary prescribes after November 16, 1990. However, the 
effective date may not be earlier than 90 days after the Secretary 
prescribes the regulation or stsmdard nor later than the last day 
of the 2-year period beginning on the date the Secretary prescribes 
the regulation or standard. 
(3) If a State, political subdivision of a State, or Indian tribe 
imposes a fine or penalty the Secretary decides is appropriate 
for a violation related to a subject referred to in paragraph (1) 
of this subsection, an additional fine or penalty may not be imposed 
by any other authority. 
(c) 
COMPLIANCE WITH SECTION 5112(b) 
REGULATIONS.—-(1) 
Except as provided in paragraph (2) of this subsection, after the 
last day of the 2-year period beginning on the date a regulation 
is prescribed under section 5112(b) of this title, a State or Indian 
tribe may establish, maintain, or enforce a highway routing designa-
tion over which hazardous material may or may not be transported 
by motor vehicles, or a limitation or requirement related to highway 
routing, only if the designation, limitation, or requirement complies 
with section 5112(b). 
(2)(A) A highway routing designation, limitation, or require-
ment established before the date a regulation is prescribed under 
section 5112(b) of this title does not have to comply with section 
5112(b)(1)(B), (C), and (F). 
(B) This subsection and section 5112 of this title do not require 
a State or Indian tribe to comply with section 5112(b)(l)(I) if the 
highway routing designation, limitation, or requirement was estab-
lished before November 16, 1990. 
(C) The Secretary may allow a highway routing designation, 
limitation, or requirement to continue in effect until a dispute 
related to the designation, limitation, or requirement is resolved 
under section 5112(d) of this title. 
(d) DECISIONS ON PREEMPTION.—(1) A person (including a State, 
political subdivision of a State, or Indian tribe) directly affected 
by a requirement of a State, political subdivision, or tribe may 
apply to the Secretary, as provided by regulations prescribed by 
the Secretary, for a decision on whether the requirement is pre-
empted by subsection (a), (bXD, or (c) of this section. The Secretary 
shsJl publish notice of the application in the Federal Register. 
After notice is published, an applicant may not seek judicial relief 
on the same or substantially the same issue until the Secretary 
takes final action on the application or until 180 days after the 
application is filed, whichever occurs first. 
(2) After consulting with States, political subdivisions of States, 
and Indian tribes, the Secretary shall prescribe regulations for 
carrying out paragraph (1) of this subsection. 
(3) Subsection (a) of this section does not prevent a State, 
political subdivision of a State, or Indian tribe, or another person 
directly affected by a requirement, from seeking a decision on 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 783 
preemption from a court of competent jurisdiction instead of apply-
ing to the Secretary under paragraph (1) of this subsection. 
(e) WAIVER OF PREEMPTION.—^A State, political subdivision of 
a State, or Indian tribe may apply to the Secretary for a waiver 
of preemption of a requirement the State, political subdivision, 
or tribe acknowledges is preempted by subsection (a), (b)(1), or 
(c) of this section. Under a procedure the Secretary prescribes 
by regulation, the Secretary may waive preemption on deciding 
the requirement— 
(1) provides the public at least as much protection as 
do requirements of this chapter and regulations prescribed 
under this chapter; and 
(2) is not an unreasonable burden on commerce. 
(f) JUDICIAL REVIEW.—^A party to a proceeding under subsection 
(d) or (e) of this section may bring a civil action in an appropriate 
district court of the United States for judicial review of the decision 
of the Secretary not later than 60 days after the decision becomes 
final. 
(g) FEES.—A State, political subdivision of a State, or Indian 
tribe may impose a fee related to transporting hazardous material 
only if the fee is fair and used for a purpose related to trsinsporting 
hazardous material, including enforcement and planning, develop-
ing, and maintaining a capability for emergency response, 
§ 5126. Relationship to other laws 
(a) CONTRACTS.—^A person under contract with a department, 
agency, or instrumentality of the United States Government that 
transports or causes to be transported hazardous material, or manu-
factures, fabricates, marks, maintains, reconditions, repairs, or tests 
a package or container that the person represents, marks, certifies, 
or sells as qualified for use in transporting hazardous material 
must comply with this chapter, regulations prescribed and orders 
issued under this chapter, and all other requirements of the (Govern-
ment, State and local governments, and Indian tribes (except a 
requirement preempted by a law of the United States) in the 
same way and to the same extent that any person engaging in 
that transportation, manufacturing, fabricating, marking, mainte-
nance, reconditioning, repairing, or testing that is in or affects 
commerce must comply with the provision, regulation, order, or 
requirement. 
(b) NONAPPLICATION.—^This chapter does not apply to— 
..* 
(1) a pipeline subject to regulation under chapter 601 of 
this title; or 
(2) any matter that is subject to the postal laws and regula-
tions of the United States under this chapter or title 18 or 
39. 
§ 5127. Authorization of appropriations 
(a) GENERAL.—Not more than $18,000,000 may be appropriated 
to the Secretary of Transportation for the fiscal year ending Septem-
ber 30, 1993, to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119). 
(b) HAZMAT EMPLOYEE TRAINING.—Not more than $250,000 
is available to the Director of the National Institute of Environ-
mental Health Sciences from the account established under section 
5116(i) of this title for each of the fiscal years ending September 
30, 1993-1998, to carry out section 5107(e) of this title. 
108 STAT. 784 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) TRAINING CURRICULUM.—(1) Not more than $1,000,000 is 
available to the Secretary of Transportation from the account estab-
lished under section 5116(i) of this title for each of the fiscal 
years ending September 30, 1993-1998, to carry out section 5115 
of this title. 
(2) The Secretary of Transportation may transfer to the Director 
of the Federal Emergency Management Agency from amounts avail-
able under this subsection amounts necessary to carry out section 
5115(d)(1) of this title. 
(d) PLANNING AND TRAINING.—(1) Not more than $5,000,000 
is available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for each of the fiscal 
years ending September 30, 1993-1998, to carry out section 5116(a) 
of this title. 
(2) Not more than $7,800,000 is available to the Secretary 
of Transportation from the account established under section 5116(i) 
of this title for each of the fiscal years ending September 30, 
1993-1998, to carry out section 5116(b) of this title. 
(3) Not more than the following amounts are available from 
the account established under section 5116(i) of this title for each 
of the fiscal years ending September 30, 1993-1998, to carry out 
section 5116(f) of this title: 
(A) $750,000 each to the Secretaries of Transportation and 
Energy, Administrator of the Environmental Protection Agency, 
and Director of the Federal Emergency Management Agency. 
(B) $200,000 to the Director of the National Institute of 
Environmental Health Sciences. 
(e) UNIFORM FORMS AND PROCEDURES.—^Not more than 
$400,000 may be appropriated to the Secretary of Transportation 
for the fiscal year ending September 30, 1993, to carry out section 
5119 of this title. 
(f) CREDITS TO APPROPRIATIONS.—^The Secretary of Transpor-
tation may credit to any appropriation to carry out this chapter 
an amount received from a State, Indian tribe, or other public 
authority or private entity for expenses the Secretary incurs in 
providing training to the State, authority, or entity. 
(g) AVAILABILITY OF AMOUNTS.—^Amounts available under sub-
sections (c>-(e) of this section remain available until expended. 
Grants 
CHAPTER 53—MASS TRANSPORTATION 
Urban and rural 
^^®^- 
Sec. 
5301. Policies, findings, and purposes. 
5302. 
Definitions. 
5303. Metropolitan planning. 
5304. Transportation improvement program. 
5305. Transportation management areas. 
5306. Private enterprise participation in metropolitan planning and transportation 
improvement programs and relationship to other limitations. 
5307. Block grants. 
5308. Mass Transit Account block grants. 
5309. Discretionary grants and loans. 
5310. Grants and loans for special needs of elderly individuals and individuals 
with disabilities. 
5311. Financial assistance for other than urbanized areas. 
5312. Research, development, demonstration, and training projects. 
5313. Stete planning and research programs. 
5314. National planning and research programs. 
5315. National mass transportetion institute. 
5316. University research institutes. 
5317. Transportation centers. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 785 
5318. Bus testing facility. 
', 
, • 
- > 
5319. Bicycle facilities. 
5320. Suspended light rail systtjm technology pilot project. 
5321. Crime prevention and security. 
-
5322. Human resource programs. 
5323. General provisions on assistance. 
5324. Limitations on discretionary and special needs grants and loans. 
5325. Contract requirements. 
5326. Special procurements. 
^ 
5327. Project management oversight. 
5328. Project review. 
5329. Investigation of safety hazards. 
5330. Withholding amounts for noncompliance with safety requirements. 
; ., 
5331. Alcohol and controlled substances testing. 
5332. Nondiscrimination. 
5333. Labor standards. 
5334. Administrative. 
5335. Reports and audits. 
5336. Apportionment of appropriations for block grants. 
5337. ^portionment of appropriations for fixed guideway modernization. 
5338. Authorizations. 
§5301. Policies, Hndings, and purposes 
(a) DEVELOPMENT OF TRANSPORTATION SYSTEMS.—It is in 
the 
interest of the United States to encourage and promote the develop-
ment of transportation systems that embrace various modes of 
transportation and efficiently maximize mobility of individuals and 
goods in and through urbanized areas and minimize transportation-
related fuel consumption and air pollution. 
(b) GENERAL FINDINGS.—Congress finds that— 
(1) more than 70 percent of the population of the United 
States is located in rapidly expanding urban areas that gen-
erally cross the boundary lines of local jurisdictions and often 
extend into at least 2 States; 
(2) the welfare and vitality of urban areas, the satisfactory 
movement of people and gocKis within those areas, and the 
effectiveness of programs aided by the United States Govern-
ment are jeopardized by deteriorating or inadequate urban 
transportation service and facilities, the intensification of traffic 
congestion, and the lack of coordinated, comprehensive, and 
continuing development planning; 
(3) transportaticMi is the lifeblood of an urbanized society, 
and the health and welfare of an urbanized society depend 
' > 
an providing efficient, economical, and convenient transpor-
tation in and between urban areas; 
(4) for many years the mass transportation industry capa-
bly and profitably satisfied the transportation needs of the 
-
urban areas of the United States but in the early 1970's 
continuing even minimal mass transportation service in urban 
areas was threatened because maintaining that transportation 
service was financially burdensome; 
(5) ending that transportation, or the continued increase 
in its cost to the user, is undesirable and may affect seriously 
and adversely the welfare of a substeintial number of lower 
income individuals; 
(6) some urban areas were developing preliminary plans 
for, or carrying out, projects in the early 197G's to revitalize 
their mass transportation operations; 
(7) significant mass transportation improvements are nec-
essary to achieve national goals for improved air quality, energy 
conservation, international competitiveness, ana mobility for 
elderly individuals, individuals with disabilities, and economi-
108 STAT. 786 
PUBLIC LAW 103-272—JULY 5, 1994 
cally disadvantaged individuals in urban and rural areas of 
the United States; 
(8) financial assistance by the Government to develop effi-
cient and coordinated mass transportation systems is essential 
to solve the urban transportation problems referred to in clause 
(2) of this subsection; and 
(9) immediate substantial assistance by the Government 
is needed to enable mass transportation systems to continue 
providing vital transportation service. 
(c) RAPID URBANIZATION AND CONTINUING POPULATION DISPER-
SAL.—Rapid urbanization and continuing dispersal of the population 
and activities in urban areas have made the ability of all citizens 
to move quickly and at a reasonable cost an urgent problem of 
the Government. 
(d) 
ELDERLY INDIVIDUALS AND INDIVIDUALS WITH 
DISABIL-
ITIES.—It is the policy of the Government that elderly individuals 
and individuals with disabilities have the same right as other 
individuals to use mass transportation service and facilities. Special 
efforts shall be made in planning and designing mass transportation 
service and facilities to ensure that mass transportation can be 
used by elderly individuals and individuals with disabilities. All 
programs of the Government assisting mass transportation shall 
carry out this policy. 
(e) PRESERVING THE ENVIRONMENT.—It is the policy of 
the 
Government that special effort shall be made to preserve the natural 
beauty of the countryside, public park and recreation lands, wildlife 
and waterfowl refuges, and important historical and cultural assets 
when planning, designing, and carrying out an urban mass 
transportation capital project with assistance from the Government 
under sections 5309 and 5310 of this title. 
(D GENERAL PURPOSES.—The purposes of this chapter are— 
(1) to assist in developing improved mass transportation 
equipment, facilities, techniques, and methods with the coopera-
tion of public and private mass transportation companies; 
(2) to encourage the planning and establishment of 
areawide urban mass transportation systems needed for 
economical and desirable urban development with the coopera-
tion of public and private mass transportation companies; 
(3) to assist States and local governments and their authori-
ties in financing areawide urban mass transportation systems 
that are to be operated by public or private mass transportation 
companies as decided by local needs; 
(4) to provide financial assistance to State and local govern-
ments and their authorities to help carry out national goals 
related to mobility for elderly individuals, individuals with 
disabilities, and economically disadvantaged individuals; and 
(5) to establish a partnership that allows a community, 
with financial assistance from the Government, to satisfy its 
urban mass transportation requirements. 
§ 5302. DeHnitions 
(a) GENERAL.—In this chapter— 
(1) "capital project" means a project for— 
(A) acquiring, constructing, supervising, or inspecting 
ii 
equipment or a facility for use in mass transportation, 
expenses incidental to the acquisition or construction 
(including designing, engineering, location surveying, map-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 787 
ping, and acquiring rights of way), relocation assistance, 
acquiring replacement housing sites, and acquiring, con-
structing, relocating, and rehabilitating replacement hous-
ing; 
(B) rehabilitating a bus that extends the economic 
life of a bus for at least 5 years; 
(C) remanufacturing a bus that extends the economic 
life of a bus for at least 8 years; or 
(D) overhauling rail rolling stock. 
(2) "chief executive officer of a State" includes the designee 
of the chief executive officer. 
(3) "emergency regulation" means a regulation— 
(A) that is effective temporarily before the expiration 
of the otherwise specified periods of time for public notice 
and comment under section 5334(b) of this title; and 
(B) prescribed by the Secretary of Transportation as 
the result of a finding that a delay in the effective date 
of the regulation— 
(i) would injure seriously an important public 
interest; 
(ii) would frustrate substantially legislative policy 
and intent; or 
(iii) would damage seriously a person or class with-
out serving an important public interest. 
(4) "fixed guideway" means a mass transportation facility— 
(A) using and occupying a separate right of way or 
rail for the exclusive use of mass transportation and other 
high occupancy vehicles; or 
(B) using a fixed catenary system and a right of way 
usable by other forms of transportation. 
(5) "handicapped individual" means an individual who, 
because of illness, injury, age, congenital malfunction, or other 
incapacity or temporary or permanent disability (including an 
individual who is a wheelchair user or has semiambulatory 
capability), cannot use effectively, without special facilities, 
planning, or design, mass transportation service or a mass 
transportation facility. 
(6) "local governmental authority" includes— 
(A) a political subdivision of a State; 
(B) an authority of at least one State or political sub-
division of a State; 
(C) an Indian tribe; and 
(D) a public corporation, board, or commission estab-
lished under the laws of a State. 
(7) "mass transportation" means transportation by a 
conveyance that provides regular and continuing general or 
special transportation to the public, but does not include school-
j 
bus, charter, or sightseeing transportation. 
(8) "net project cost" means the part of a project that 
reasonably cannot be financed from revenues. 
(9) "new bus model" means a bus model (including a model 
using alternative fuel'i— 
(A) that has not been used in mass transportation 
in the United States before the date of production of the 
model; or 
108 STAT. 788 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) used in mass transportation in the United States 
but being produced with a major change in configuration 
or components. 
(10) "regulation" means any part of a statement of general 
or particular applicability of the Secretary of Transportation 
designed to carry out, interpret, or prescribe law or policy 
in carrying out this chapter. 
(11) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
American Samoa, and the Virgin Islands. 
(12) "urban area" means an area that includes a municipal-
ity or other built-up place that the Secretary of Transportation, 
after considering local patterns and trends of urban growth, 
decides is appropriate for a local mass transportation system 
to serve individuals in the locality. 
(13) "urbanized area" means an area— 
(A) encompassing at least an urbanized area within 
a State that the Secretary of Commerce designates; and 
(B) designated an urbanized area within boundaries 
fixed by State and local officials and approved by the Sec-
retary of Transportation. 
(b) AUTHORITY TO MODIFY "HANDICAPPED INDIVIDUAL".—^The 
Secretary of Transportation by regulation may modify the definition 
of subsection (a)(5) of this section as it applies to section 
5307(d)(1)(D) of this title. 
§ 5303. Metropolitan planning 
(a) DEVELOPMENT REQUIREMENTS.—To carry out section 5301(a) 
of this title, metropolitan planning organizations designated under 
subsection (c) of this section, in cooperation with States, shall 
develop transportation plans and programs for State urbanized 
areas. The plans and programs for each area shall provide for 
developing transportation facilities (including pedestrian walkways 
and bicycle transportation facilities) that will function as an inter-
modal transportation system for the State, metropolitan area, £ind 
United States. The development process shall provide for consider-
ation of all modes of transportation and shall be continuing, coopera-
tive, and comprehensive to the degree appropriate, based on the 
complexity of the transportation problems. 
(b) PLAN AND PROGRAM FACTORS.—In developing plans and 
programs under this section and sections 5304^5306 of this title, 
each metropolitan planning organization at least shall consider 
the following factors: 
(1) preserving existing transportation facilities and, where 
practical, ways to meet transportation needs by using existing 
transportation facilities more efficiently. 
(2) the consistency of transportation planning with United 
States Grovernment, State, and local energy conservation pro-
grams, goals, and objectives. 
(3) the need to relieve congestion and prevent congestion 
from occurring. 
(4) the likely effect of transportation policy decisions on 
land use and development and the consistency of transportation 
plans and programs with short- and long-term land use and 
development plans. 
(5) programming expenditures on transportation enhance-
ment activities, as required under section 133 of title 23. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 789 
(6) the effects of all transportation projects to be under-
taken in the metropolitan area, without regard to whether 
the projects are publicly financed. 
(7) international border crossings and access to ports, air-
ports, intermodal transportation facilities, major freight dis-
tribution routes, national parks, recreation areas, monuments 
and historic sites, and military installations. 
(8) the need for connecting roads in the metropolitan area 
with roads outside the area. 
(9) the transportation needs identified by using the 
management systems required by section 303 of title 23. 
(10) preserving rights of way for constructing future 
transportation projects, including identifying— 
(A) unused rights of way that may be needed for future 
transportation corridors; and 
(B) corridors where action is needed most to prevent 
,. 
destruction or loss. 
(11) ways to enhance the efficient movement of freight. 
(12) using life-cycle costs in designing and engineering 
bridges, tunnels, and pavement. 
(13) the overall social, economic, energy, and environmental 
effects of transportation decisions. 
(14) ways to expjind and enhance mass transportation serv-
ices and to increase usage of those services. 
(15) capital investments that will result in increased secu-
rity in mass transportation systems. 
(c) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.— 
(1) To carry out the planning process required by this section, 
a metropolitan planning organization shall be designated for each 
urbanized area with a population of more than 50,000— 
(A) by agreement of the chief executive officer of a State 
and units of general local government representing at least 
75 percent of the affected population (including the central 
city as defined by the Secretary of Commerce); or 
(B) under procedures established by State or local law. 
(2) In a metropolitan area designated as a transportation 
management area, the designated metropolitan planning organiza-
tion, if redesignated after December 18, 1991, shall include local 
elected officials, officials of authorities that administer or operate 
major modes of transportation in the metropolitan area (including 
all transportation authorities included in the organization on June 
1, 1991), and appropriate State officials. 
(3) More than one metropolitan planning organization may 
be designated in an urbanized area (as defined by the Secretary 
of Commerce) only if the chief executive officer decides that the 
size and complexity of the urbanized area make designation of 
more than one organization appropriate. 
(4) A designation is effective until— 
(A) the organization is redesignated under paragraph (3) 
of this subsection; or 
(B) revoked— 
(i) by agreement of the chief executive officer £ind units 
of general local government representing at least 75 percent 
of the affected population; or 
(ii) as otherwise provided by State or local procedures. 
(5)(A) The chief executive officer and units of general local 
government representing at least 75 percent of the affected popu-
108 STAT. 790 
PUBLIC LAW 103-272—JULY 5, 1994 
lation (including the central city as defined by the Secretary of 
Commerce) may redesignate by agreement a metropolitan planning 
organization when appropriate to carry out this section. 
(B) A metropolitan planning organization shall be redesignated 
on request of one or more units of general local government rep-
resenting at least 25 percent of the affected population (including 
the central city as defined by the Secretary of Commerce) in an 
urbanized area with a population of more than 5,000,000, but 
less than 10,000,000 or that is an extreme nonattainment area 
for ozone or carbon monoxide (as defined in the Clean Air Act 
(42 U.S.C. 7401 et seq.)). 
(C) A metropolitan planning organization shall be redesignated 
using procedures established to carry out this paragraph. 
(6) This subsection does not affect the authority, under State 
law in effect on December 18, 1991, of a public authority with 
multimodal transportation responsibilities^ 
(A) to develop plans and programs for a metropolitan plan-
ning organization to adopt; and 
(B) to develop long-range capital plans, coordinate mass 
transportation services and projects, and carry out other activi-
ties under State law. 
(d) METROPOLITAN AREA BOUNDARIES.^TO carry out this sec-
tion, the metropolitan planning organization and the chief executive 
officer shall decide by agreement on the boundaries of a metropoli-
tan area. The area shall cover at least the existing urbanized 
area and the contiguous area expected to become urbanized within 
the 20-year forecast period and may include the Metropolitan Statis-
tical Area or Consolidated Metropolitan Statistical Area, as defined 
by the Secretary of Commerce. An area designated as a nonattain-
ment area for ozone or carbon monoxide under the Clean Air 
Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries 
of the nonattainment area, except as the chief executive officer 
and metropolitan planning organization otherwise agree. 
(e) COORDINATION.—(1) The Secretary of Transportation shall 
establish requirements the Secretary considers appropriate to 
encourage chief executive officers and metropolitan 
planning 
organizations with responsibility for part of a multi-State metropoli-
tan area to provide coordinated transportation planning for the 
entire area. 
(2) Congress consents to at least 2 States making an agreement, 
not in conflict with a law of the United States, for cooperative 
efforts and mutual assistance in support of activities authorized 
under this section related to interstate areas and localities in the 
States and establishing authorities the States consider desirable 
for making the agreement effective. 
(3) If more than one metropolitan planning organization has 
authority in a metropolitan area or an area designated a nonattain-
ment area for ozone or carbon monoxide under the Clean Air 
Act (42 U.S.C. 7401 et seq.), each organization shall consult with 
the other organizations designated for the area and the State to 
coordinate plans and projects required by this section and sections 
5304-5306 of this title. 
(f) DEVELOPING LONG-RANGE PLANS.—(1) Each metropolitan 
planning organization shall prepare and update periodically, accord-
ing to a schedule the Secretary of Transportation decides is appro-
priate, a long-range plan for its metropolitan area under the require-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 791 
ments of this section. The plan shall be in the form the Secretary 
considers appropriate and at least shall— 
(A) identify transportation facilities (including major road-
ways, mass transportation, and multimodal and intermodal 
facilities) that should function as an integrated metropolitan 
transportation system, emphasizing transportation facilities 
that serve important United States and regional transportation 
functions; 
(B) include a financial plan that— 
(i) demonstrates how the long-range plan can be carried 
out; 
(ii) indicates resources from public and private sources 
reasonably expected to be made available to carry out 
the plan; and 
(iii) recommends innovative financing 
techniques, 
including value capture, tolls, and congestion pricing, to 
finance needed projects and programs; 
^ 
(C) 
assess 
capital 
investment 
and 
other 
measures 
necessary— 
(i) to ensure the preservation of the existing metropoli-
tan transportation system, including requirements for oper-
ational 
improvements, 
resurfacing, 
restoration, 
and 
rehabilitation of existing and future major roadways, and 
operations, maintenance, modernization, and rehabilitation 
of existing and future mass transportation facilities; and 
(ii) to use existing transportation facilities most effi-
' 
ciently to relieve vehicular congestion and maximize the 
mobility of individuals and goods; and 
(D) indicate appropriate proposed transportation enhance-
ment activities. 
(2) When formulating a long-range plan, the metropolitan plan-
ning organization shall consider the factors described in subsection 
(e) of this section as they are related to a 20-year forecast period. 
(3) In a metropolitan area that is in a nonattainment area 
for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.), the metropolitan planning organization shall coordi-
nate the development of the long-range plan with the development 
of the transportation control measures of the State Implementation 
Plan required by the Act. 
(4) Before approving a long-range plan, each metropolitan plan-
ning organization shall provide citizens, affected public agencies, 
representatives of mass transportation authority employees, private 
providers of transportation, and other interested parties with a 
reasonable opportunity to comment on the plan in a way the Sec-
retary of Transportation considers appropriate. 
(5) A long-range plan shall be— 
(A) made readily available for public review; and 
Public 
(B) submitted for information purposes to the chief execu- ^formation, 
tive officer of the State at the time and in the way the Secretary 
of Transportation establishes. 
(g) GRANTS.—^Under criteria the Secretary of Transportation 
establishes, the Secretary may make contracts for, and grants to. 
States, local governmental authorities, and authorities of the States 
and governmental authorities, or may make agreements with other 
departments, agencies, and instrumentalities of the Government, 
to plan, engineer, design, and evaluate a mass transportation project 
and for other technical studies, including— 
108 STAT. 792 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) studies related to management, operations, capital 
requirements, and economic feasibility; 
(2) evaluating previously financed projects; and 
(3) other similar and related activities preliminary to and 
in preparation for constructing, acquiring, or improving the 
operation of facilities and equipment. 
(h) 
BALANCED AND COMPREHENSIVE PLANNING.—(1) 
To 
the 
extent practicable, the Secretary of Transportation shall ensure 
that amounts made available under section 5338(g)(1) of this title 
to carry out this section and sections 5304-5306 of this title are 
used to support balanced and comprehensive transportation plan-
ning that considers the relationships among land use and all 
transportation modes, without regard to the programmatic source 
of the planning amounts. 
(2)(A) The Secretary of Transportation shall apportion 80 per-
cent of the amount made available under section 5338(g)(1) of 
this title to States in a ratio equal to the population in urbanized 
areas in each State divided by the total population in urbanized 
areas in all States, as shown by the latest available decennial 
census. A State may not receive less than .5 percent of the amount 
apportioned under this subparagraph. 
(B) Amounts apportioned to a State under subparagraph (A) 
of this paragraph shall be allocated to metropolitan planning 
organizations in the State designated under this section under 
a formula— 
(i) the State develops in cooperation with the metropolitan 
planning organizations; 
(ii) the Secretary of Transportation approves; and 
(iii) that considers population in urbanized areas and pro-
vides an appropriate distribution for urbanized areas to carry 
out the cooperative processes described in this section. 
(C) A State shall make amounts available promptly to eligible 
metropolitan planning organizations according to procedures the 
Secretary of Transportation approves. 
(3)(A) The Secretary of Transportation shall apportion 20 per-
cent of the amount made available under section 5338(g)(1) of 
this title to States to supplement allocations made under paragraph 
(2)(B) of this subsection for metropolitan planning organizations. 
(B) Amounts under this paragraph shall be allocated under 
a formula that reflects the additional cost of carrying out planning, 
programming, and project selection responsibilities under this sec-
tion and sections 5304-5306 of this title in those areas. 
(4) To the maximum extent practicable, the Secretary of 
Transportation 
shall 
ensure 
that 
no metropolitan 
planning 
organization is allocated less than the amount it received by 
administrative formula under this section in the fiscal year that 
ended September 30, 1991. To carry out this subsection, the Sec-
retary may make a proportionate reduction in other amounts made 
available to carry out section 5338(g)( 1) of this title. 
(5) Amounts available for an activity under this subsection 
are for 80 percent of the cost of the activity unless the Secretary 
of Transportation decides it is in the interests of the Government 
not to require a State or local match. 
(6) An amount apportioned under this subsection— 
(A) remains available for 3 years after the fiscal year 
in which the amount is apportioned, and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 793 
(B) that is unobligated at the end of the 3-year period 
shall be reapportioned among the States for the next fiscal 
year, 
§ 5304. Transportation improvement program 
(a) DEVELOPMENT AND UPDATE.—In cooperation with the State 
and affected mass transportation operators, a metropolitan planning 
organization designated for a metropolitan area shall develop a 
transportation improvement program for the area. In developing 
the program, the organization shall provide citizens, affected public 
agencies, representatives of transportation authority employees, 
other affected 
employee representatives, private providers of 
transportation, and other interested parties with a reasonable 
opportunity to comment on the proposed program. The program 
shall be updated at least once every 2 years and shall be approved 
by the organization £ind the chief executive officer of the State. 
(b) CONTENTS.—^A transportation improvement program for a 
metropolitan area shall include— 
(1) a priority list of projects and parts of projects to be 
carried out in each 3-year period after the program is adopted; 
and 
(2) a financial plan that— 
(A) demonstrates how the program can be carried out; 
(B) indicates resources from public and private sources 
that reasonably are expected to be made available to carry 
out the plan; and 
(C) recommends 
innovative 
financing 
techniques, 
including value capture, tolls, and congestion pricing, to 
finance needed projects. 
(c) PROJECT SELECTION.—(1) Except as provided in section 
5305(d)(1) of this title, the State, in cooperation with the metropoli-
tan planning organization, shall select projects in a metropolitan 
area that involve United States Government participation. Selection 
• ' 
shall comply with the transportation improvement program for 
the area. 
(2) A transportation improvement program for a metropolitan 
area shall include— 
(A) projects within the area that are i»*oposed for financing 
under this chapter and title 23 and that are consistent with 
the long-range plan developed under section 5303(f) of this 
title; and 
(B) a project or £in identified phase of a project only if 
full financing reasonably can be anticipated to be available 
for the project in the period estimated for completion. 
(d) NOTICE AND COM;MENT.—^Before approving a transportation 
improvement program, a metropolitan planning organization shall 
provide citizens, affected 
public agencies, representatives of 
transportation agency employees, private providers of transpor-
tation, and other interested parties with reasonable notice £md 
an opportunity to comment on the proposed program. 
(e) REGULATC«IY PROCEEDING.—Not later than June 18, 1992, 
the Secretary of TransportaticHi shall begin a regulatory proceeding 
to conform review requirements for mass transportation projects 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to comparable requirements under that Act applicable 
to highway projects. This section and sections 5303, 5305, and 
5306 of this title do not affect the applicability of the Act to 
108 STAT. 794 
PUBLIC LAW 103-272—JULY 5, 1994 
mass transportation or highway projects. A mass transportation 
project that has an approved draft Environmental Impact Statement 
is exempt from complying with requirements under the Act 
applicable to highway projects. 
§ 5305. Transportation management areas 
(a) DESIGNATION.—^The Secretary of Transportation shall des-
ignate as a transportation management area— 
(1) each urbanized area with a population of more than 
200,000; and 
(2) any other area, including the Lake Tahoe Basin as 
defined in the Act of December 19, 1980 (Public Law 96-
551, 94 Stat. 3233), when requested by the chief executive 
officer and the metropolitan organization designated for the 
area or the affected local officials. 
(b) TRANSPORTATION PLANS AND PROGRAMS.—Transportation 
plans and programs in a transportation management area shall 
be based on a continuing and comprehensive transportation plan-
ning process the metropolitan planning organization carries out 
in cooperation with the State and mass transportation operators. 
(c) CONGESTION MANAGEMENT SYSTEM.—The transportation 
planning process under sections 5303, 5304, and 5306 of this title 
in a transportation management area shall include a congestion 
management system providing for effective management, through 
travel demand reduction and operational management strategies, 
of new and existing transportation facilities eligible for financing 
under this chapter and title 23. The Secretary shall establish a 
phase-in schedule to comply with sections 5303, 5304, and 5306. 
(d) PROJECT SELECTION.—(1)(A) In consultation with the State, 
the metropolitan planning organization designated for a transpor-
tation management area shall select the projects to be carried 
out in the area with United States Government participation under 
this chapter or title 23, except projects of the National Highway 
System or under the Bridge and Interstate Maintenance programs. 
(B) In cooperation with the metropolitan planning organization 
designated for a transportation management area, the State shall 
select the projects to be carried out in the area of the National 
Highway System or under the Bridge and Interstate Maintenance 
programs. 
(2)(A) A selection under this subsection must comply with the 
transportation improvement program for the area. 
(B) A selection under paragraph (1)(A) of this subsection must 
comply with priorities established in the program. 
(e) CERTIFICATION.—(1) At least once every 3 years, the Sec-
retary shall ensure and certify that each metropolitan planning 
organization in each transportation management area is carrying 
out its responsibilities under applicable laws of the United States. 
The Secretary may make the certification only if the organization 
is complying with section 134 of title 23 and other applicable 
requirements of laws of the United States and the organization 
and chief executive officer have approved a transportation improve-
ment program for the area. 
(2) If the Secretary does not certify before October 1, 1993, 
that a metropolitan planning organization is carrying out its respon-
sibilities, the Secretary may withhold any part of the apportionment 
under section 104(b)(3) of title 23 attributed to the relevant metro-
politan area under section 133(d)(3) of title 23 and capital amounts 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 795 
apportioned under section 5336 of this title. If an organization 
remains uncertified for more than 2 consecutive years after Septem-
ber 30, 1994, 20 percent of that apportionment and capital amounts 
shall be withheld. The withheld apportionments shall be restored 
when the Secretary certifies the organization. 
(3) The Secretary may not withhold certification based on the 
policies and criteria a metropolitan planning organization or mass 
transportation grant recipient establishes under section 5306(a) 
of this title for deciding the feasibility of private enterprise partici-
pation. 
(f) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.—Government amounts may be made available for a mass 
transportation project resulting in a significant increase in carrying 
capacity for single occupant vehicles in a transportation manage-
ment area classified as a nonattainment area for ozone or carbon 
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) only 
if the project is part of an approved congestion management system. 
(g) AREAS NOT DESIGNATED TRANSPORTATION MANAGEMENT 
AREAS.—(1) The Secretary may provide for the development of 
abbreviated metropolitan transportation plans and programs the 
Secretary decides are appropriate to carry out this section and 
sections 5303, 5304, and 5306 of this title for metropolitan areas 
not designated transportation management areas under this section. 
The Secretary shall consider the complexity of transportation prob-
lems in those areas, including transportation-related air quality 
problems. 
(2) The Secretary may not provide an abbreviated plan or 
program for a metropolitan area in a nonattainment area for ozone 
or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
seq.). 
§5306. Private 
enterprise 
participation 
in 
metropolitan 
planning and transportation improvement pro-
grams and relationship to other limitations 
(a) PRIVATE ENTERPRISE PARTICIPATION.—A plan or program 
required by section 5303, 5304, or 5305 of this title shall encourage 
to the maximum extent feasible the participation of private enter-
prise. If equipment or a facility already being used in an urban 
area is to be acquired under this chapter, the program shall provide 
that it be improved so that it will better serve the transportation 
needs of the area. 
(b) RELATIONSHIP TO OTHER LIMITATIONS.—Sections 5303-5305 
of this title do not authorize— 
(1) a metropolitan planning organization to impose a legal 
requirement on a transportation facility, provider, or project 
not eligible under this chapter or title 23; and 
(2) intervention in the msinagement of a transportation 
authority. 
§5307. Block grants 
(a) DEFINITIONS.—In this section— 
(1) "associated capital maintenance items" means equip-
ment, tires, tubes, and material, each costing at least .5 percent 
of the current fair market value of rolling stock comparable 
to the rolling stock for which the equipment, tires, tubes, and 
material are to be used. 
(2) "designated recipient" means— 
108 STAT. 796 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) a person designated, consistent with the planning 
process under sections 5303-5306 of this title, by the chief 
executive officer of a State, responsible local officials, and 
publicly owned operators of mass transportation to receive 
and apportion amounts under section 5336 of this title 
that are attributable to transportation management areas 
established under section 5305(a) of this title; 
(B) a State or regional authority if the authority is 
responsible under the laws of a State for a capital project 
and for financing and directly providing mass transpor-
tation; or 
(C) a recipient designated under section 5(b)(1) of the 
Federal Transit Act not later than January 5, 1983. 
(b) GENERAL AUTHORITY.—<1) The Secretary of Transportation 
may make grants under this section for capital projects and to 
finance the planning, improvement, and operating costs of equip-
ment, facilities, and associated capital maintenance items for use 
in mass transportation, including the renovation and improvement 
of historic transportation facilities with related private investment. 
(2) In a transportation management area designated under 
section 5305(a) of this title, amounts that cannot be used to pay 
operating expenses under this section also are available for a high-
way project if— 
(A) that use is approved by the metropolitan planning 
organization under section 5303 of this title after appropriate 
notice and an opportunity for comment and appeal is provided 
to affected mass transportation providers; and 
(B) the Secretary decides the amounts are not needed for 
investment required by the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.). 
(3) A grant for a capital project under this section also is 
available to finance the leasing of equipment and facilities for 
use in mass transportation, subject to regulations the Secretary 
prescribes limiting the grant to leasing arrangements that are 
more cost effective than acquisition or construction. 
(4) A project for the reconstruction of equipment and material, 
each of which after reconstruction will have a fair market value 
of at least .5 percent of the current fair market value of rolling 
stock comparable to the rolling stock for which the equipment 
and material will be used, is a capital project for an associated 
capital maintenance item under this section. 
(5) Amounts under this section are available for a highway 
project under title 23 only if amounts used for the State or local 
share of the project are eligible to finance either a highway or 
mass transportation project. 
(c) PUBLIC PARTICIPATION REQUIREMENTS.—^Each recipient of 
a grant shall— 
(1) make available to the public information on amounts 
availalsle to the recipient under this section and the program 
of projects the recipient proposes to undertake; 
(2) develop, in consultation with interested parties, includ-
ing private transportation providers, a proposed program of 
projects for activities to be financed; 
(3) publish a proposed program of projects in a way that 
affected citizens, private transportation providers, and local 
elected officials have the opportunity to examine the proposed 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 797 
program and submit comments on the proposed program and 
the performance of the recipient; 
(4) provide an opportunity for a public hearing in which 
to obtain the views of citizens on the proposed program of 
projects; 
(5) ensure that the proposed program of projects provides 
for the coordination of mass transportation services assisted 
under section 5336 of this title with transportation services 
assisted from other United States Government sources; 
(6) consider comments and views received, especially those 
of private transportation providers, in preparing the final pro-
gram of projects; and 
(7) make the final program of projects available to the 
public. 
(d) GRANT RECiPiEisn:' REQUIREMENTS.—A recipient may receive 
a grant in a fiscal year only i
f
— 
(1) the recipient, within the time the Secretary prescribes, 
submits a final program of projects prepared under subsection 
(c) of this section and a certification for that fiscal year that 
the recipient (including a person receiving amounts from a 
chief executive officer of a State under this section)— 
(A) has or will have the legal, financial, and technical 
capacity to carry out the program; 
(B) has or will have satisfactory continuing control 
over the use of equipment and facilities; 
(C) will maintain equipment and facilities; 
(D) will ensure that elderly and handicapped individ-
uals, or an individual presenting a medicare card issued 
to that individual under title II or XVIII of the Social 
Security Act (42 U.S.C. 401 et seq., 1395 et seq.), will 
be charged during non-peak hours for transportation using 
or involving a facility or equipment of a project financed 
under this chapter not more than 50 percent of the peak 
hour fare; 
(E) in carrying out a procurement under this section— 
(i) will use competitive procurement (as defined 
or approved by the Secretary); 
(ii) will not use a procurement that uses exclusion-
ary or discriminatory specifications; and 
(iii) will comply with applicable Buy-American 
laws in carrying out a procurement; 
(F) has complied with subsection (c) of this section; 
(G) has available and will provide the required 
amounts as provided by subsection (e) of this section; 
(H) will comply with sections 5301(a) and (d), 5303-
5306, and 5310(a)-(d) of this title; 
(I) has a locally developed process to solicit and con-
sider public comment before raising a fare or carrying 
out a major reduction of transportation; and 
(J)(i) will expend for each fiscal year for mass transpor-
tation security projects, including increased lighting in or 
adjacent to a mass transportation system (including bus 
stops, subway 
stations, parking lots, and garages), 
increased camera surveillance of an area in or adjacent 
to that system, providing an emergency telephone line to 
contact law enforcement or security personnel in an area 
in or adjacent to that system, and any other project 
108 STAT. 798 
PUBLIC LAW 103-272—JULY 5, 1994 
intended to increase the security and safety of an existing 
or planned mass transportation system, at least one percent 
of the amount the recipient receives for each fiscal year 
under section 5336 of this title; or 
(ii) has decided that the expenditure for security 
projects is not necessary; and 
(2) the Secretary accepts the certification, 
(e) GOVERNMENT'S SHARE OF COSTS.—A grant of the Govern-
ment for a capital project (including associated capital maintenance 
items) under this section is for 80 percent of the net project cost 
of the project. A recipient may provide additional local matching' 
amounts. A grant for operating expenses may not be more thair\ 
50 percent of the net project cost of the project. The remainder 
of the net project cost shall be provided in cash from sources 
other than amounts of the Government or revenues from providing 
mass transportation (excluding revenues derived from the sale of 
advertising and concessions that are more than the amount of 
those revenues in the fiscal year that ended September 30, 1985). 
Transit system amounts that make up the remainder shall be 
from an undistributed cash surplus, a replacement or depreciation 
cash fund or reserve, or new capital. 
(f) STATEWIDE OPERATING ASSISTANCE.—(1) A State authority 
that is a designated recipient and providing mass transportation 
in at least 2 urbanized areas may apply for operating assistance 
in an amount not more than the amount for all urbanized areas 
in which it provides transportation. 
(2) When approving an application under paragraph (1) of 
this subsection, the Secretary may not reduce the amount of operat-
ing assistance approved for another State or a local transportation 
authority within the affected urbanized areas. 
(g) UNDERTAKING PROJECTS IN ADVANCE.—(1) When a recipient 
obligates all amounts apportioned to it under section 5336 of this 
title and then carries out a part of a project described in this 
section (except a project for operating expenses) without amounts 
of the Government and according to all applicable procedures and 
requirements (except to the extent the procedures and requirements 
limit a State to carrying out a project with amounts of the Govern-
ment previously apportioned to it), the Secretary may pay to the 
recipient the Government's share of the cost of carrying out that 
part when additional amounts are apportioned to the recipient 
under section 5336 i
f
— 
(A) the recipient applies for the payment; 
(B) the Secretary approves the pa3maent; and 
(C) before carrying out that part, the Secretary approves 
the plans and specifications for the part in the same way 
as for other projects under this section. 
(2) The Secretary may approve an application under paragraph 
(1) of this subsection only if an authorization for this section is 
in effect for the fiscal year to which the application applies. The 
Secretary may not approve an application if the pa3mient will be 
more than— 
(A) the recipient's expected apportionment under section 
5336 of this title if the total amount authorized to be appro-
priated for the fiscal year to carry out this section is appro-
priated; less 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 799 
(B) the maximum amount of the apportionment that may 
be made available for projects for operating expenses under 
this section. 
(3) The cost of carrying out that part of a project includes 
the amount of interest earned and payable on bonds issued by 
the recipient to the extent proceeds of the bonds are expended 
in carrying out the part. However, the amount of interest allowed 
under this paragraph may not be more than the amount by which 
the estimated cost of carrying out the part (if it would be carried 
out at the time the part is converted to a regularly financed project) 
exceeds the actual cost (except interest) of carrying out the part. 
(4) The Secretary shall consider changes in capital project cost 
indices when determining the estimated cost under paragraph (3) 
of this subsection. 
(h) 
STREAMLINED ADMINISTRATIVE PROCEDURES.—The Sec-
retary shall prescribe streamlined administrative procedures for 
complying with the certification requirement under subsection 
(d)(1)(B) and (C) of this section for track and signal equipment 
used in existing operations. 
(i) 
REVIEWS, 
AUDITS, 
AND EVALUATIONS.—(1)(A) At least 
annually, the Secretary shall carry out, or require a recipient to 
have carried out independently, reviews and audits the Secretary 
considers appropriate to establish whether the recipient has carried 
out— 
(i) the activities proposed under subsection (d) of this sec-
tion in a timely and effective way and can continue to do 
so; and 
(ii) those activities and its certifications and has used 
amounts of the Government in the way required by law. 
(B) An audit of the use of amounts of the Government shall 
comply with the auditing procedures of the Comptroller (Jeneral. 
(2) At least once every 3 years, the Secretary shall review 
and evaluate completely the performance of a recipient in carrying 
out the recipient's program, specifically referring to compliance 
with statutory and administrative requirements and the extent 
to which actual program activities are consistent with the activities 
proposed under subsection (d) of this section and the planning 
process required under sections 5303-5306 of this title. 
(3) The Secretary may take appropriate action consistent with 
a review, audit, and evaluation under this subsection, including 
making an appropriate adjustment in the amount of a grant or 
withdrawing the grant. 
(j) REPORTS.—^A recipient (including a person receiving amounts 
from a chief executive officer of a State under this section) shall 
submit annually to the Secretary a report on the revenues the 
recipient derives from the sale of advertising and concessions. 
(k) SUBMISSION OF CERTIFICATIONS.—A certification under sub-
section (d) of this section and any additional certification required 
by law to be submitted to the Secretary may be consolidated into 
a single document to be submitted annually as part of the grant 
application under this section. The Secretary shall publish annually Publication. 
a list of all certifications required under this chapter with the 
publication required under section 5336(e)(2) of this title. 
(1) PROCUREMENT SYSTEM APPROVAL.—A recipient may request 
the Secretary to approve its procurement system. The Secretary 
shall approve the system for use for procurements financed under 
section 5336 of this title if, after consulting with the Administrator 
108 STAT. 800 
PUBLIC LAW 103-272—JULY 5, 1994 
for Federal Procurement Policy, the Secretary decides the system 
provides for competitive procurement. Approval of a system under 
this subsection does not relieve a recipient of the duty to certify 
under subsection (d)(1)(E) of this section. 
(m) OPERATING FERRIES OUTSIDE URBANIZED AREAS.—A vessel 
used in ferryboat operations financed under section 5336 of this 
title that is part of a State-operated ferry system may be operated 
occasionally outside the urbanized area in which service is provided 
to accommodate periodic maintenance if existing ferry service is 
not reduced significantly by operating outside the area. 
(n) RELATIONSHIP TO OTHER LAWS.—(1) Section 1001 of title 
18 applies to a certificate or submission under this section. The 
Secretary may end a grant under this section and seek reimburse-
ment, directly or by offsetting amounts available under section 
5336 of this title, when a false or fraudulent statement or related 
act within the meaning of section 1001 is made in connection 
with a certification or submission. 
(2) Sections 5302, 5318, 5323(a)(1), (d), and (f), 5332, and 5333 
of this title apply to this section and to a grant made under 
this section. Except as provided in this section, no other provision 
of this chapter applies to this section or to a grant made under 
this section. 
§ 5308. Mass Transit Account block grants 
(a) GENERAL AUTHORITY.—^The Secretary of Transportation may 
make grants under this section to be used only for capital projects 
(including capital maintenance items). 
(b) APPLICATION OF OTHER SECTIONS.—(1) Sections 5307(a)-
(d), (h)-(l), and (n) and 5336(a)-(c), (f), (g), and (j) of this title 
apply to amounts made available under section 5338(a) of this 
title to carry out this section. 
(2) Sections 5307(e) and 5336(d) of this title apply to grants 
under this section. 
§5309. Discretionary grants and loans 
(a) GENERAL AUTHORITY.—^The Secretary of Transportation may 
make grants and loans under this section to assist State and 
local governmental authorities in financing— 
(1) capital projects for new fixed guideway systems, and 
extensi(ms to existing fixed guideway systems, including the 
acquisition of real property, the initial acquisition of rolling 
^i. 
"• 
stock for the systems, alternatives analysis related to the devel-
opment of the systems, and the acquisition of rights of way, 
and relocation, for fixed guideway corridor development for 
"
^ 
projects in the advanced stages of alternatives analysis or 
preliminary engineering; 
(2) capital projects, including property and improvements 
(except public highways other than fixed guideway facilities), 
needed for an efficient and coordinated mass transportation 
• 
7 
system; 
(3) the capital costs of coordinating mass transportation 
with other transportation; 
(4) the introduction of new technology, through innovative 
and improved products, into mass transportation; 
(5) transportation projects that enhance urban economic 
development or incorporate private investment, including 
commercial and residential development, because the projects— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 801 
(A) enhance the effectiveness of a mass transportation 
project and are related physically or functionally to that 
mass transportation project; or 
(B) establish new or enhanced coordination between 
mass transportation and other transportation; 
(6) mass transportation projects planned, designed, and 
carried out to meet the special needs of elderly individuals 
and individuals with disabilities; and 
(7) the development of corridors to support fixed guideway 
systems, including protecting rights of way through acquisition, 
construction of dedicated bus and high occupancy vehicle lanes 
and park and ride lots, and other nonvehicular capital improve-
ments that the Secretary may decide would result in increased 
mass transportation usage in the corridor. 
(b) LOANS FOR REAI^ PROPERTY INTERESTS.—(1) The Secretary 
of Transportation may make loans under this section to State 
and local governmental authorities to acquire interests in real prop-
erty for use on urban mass transportation systems as rights of 
way, station sites, and related purposes, including reconstruction, 
renovation, the net cost of property management, and relocation 
payments made under section 5324(a) of this title. 
(2) The Secretary of Transportation may make a loan under 
paragraph (1) of this subsection for an approved project only after 
finding that the property reasonably is expected to be required 
for a mass transportation system and that it will be used for 
that system within a reasonable time. 
(3) An applicant for a loan under this subsection shall provide 
a copy of the application to the planning agency for the community 
affected by the project at the same time the application is submitted 
to the Secretary of Transportation. If the planning agency submits 
comments to the Secretary not later thsm 30 days after the applica-
tion is submitted, or, if the agency requests more time within 
those 30 days, within a period the Secretary establishes, the Sec-
retary shall consider those comments before taking final action 
on the application. 
(4) A loan agreement under this subsection shall provide that 
a capital project on the property will be started not later than 
10 years after the fiscal year in which the agreement is made. 
If an interest in property acquired under this subsection is not 
used for the purpose for which it was acquired, an appraisal of 
the current value of the property or interest shall be made when 
a decision is made about the use. The decision shall be made 
within the 10-year period. Two-thirds of the increase in value 
shall be paid to the Secretary of Transportation for deposit in 
the Treasury as miscellaneous receipts. 
(5) A loan under this subsection must be repaid not later 
than 10 years after the date of the loan agreement or on the 
date a grant agreement for a capital project on the property is 
made, whichever is earlier. Payments made to repay the loan shall 
be deposited in the Treasury as miscellaneous receipts. 
(c) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPOR-
TATION.—^The Secretary of Transportation shall consider the adverse 
effect of decreased commuter rail transportation when deciding 
whether to approve a grant or loan under this section to acquire 
a rail line and all related facilities— 
(1) owned by a rail carrier subject to reorganization under 
title 11; and 
108 STAT. 802 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) used to provide commuter rail transportation. 
(d) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS.— 
Except as provided in subsections (b)(2) and (e) of this section, 
the Secretary of Transportation may approve a grant or loan for 
a project under this section only after finding that the project 
is part of the approved program of projects required under sections 
5303-5306 of this title and that an applicant— 
(1) has or will have the legal, financial, and technical 
capacity to carry out the project, satisfactory continuing control 
over the use of equipment or facilities, and the capability to 
maintain the equipment or facilities; and 
(2) will maintain the equipment or facilities. 
(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY 
SYSTEMS.—(1) This subsection applies to a project— 
(A) for which a letter of intent or contract for the complete 
amount is issued under subsection (g) of this section after 
April 1, 1987; or 
(B) not in the preliminary engineering, final design, or 
construction stage on January 1, 1987. 
(2) The Secretary of Transportation may approve a grant or 
loan under this section for a capital project for a new fixed guideway 
system or extension of an existing fixed guideway system only 
if the Secretary decides that the proposed project is— 
(A) based on the results of an alternatives analysis and 
preliminary engineering; 
(B) justified based on a comprehensive review of its mobility 
improvements, environmental benefits, cost effectiveness, and 
operating efficiencies; and 
(C) supported by an acceptable degree of local financial 
commitment, including evidence of stable and dependable 
financing sources to construct, maintain, and operate the sys-
tem or extension. 
(3) In making a decision under paragraph (2) of this subsection, 
the Secretary of Transportation shall— 
(A) consider the direct and indirect costs of relevant alter-
natives; 
(B) account for costs related to factors such as congestion 
relief, improved mobility, air pollution, noise pollution, conges-
tion, energy consumption, and all associated ancillary and miti-
gation costs necessary to carry out each alternative analyzed; 
(C) identify and consider mass transportation supportive 
existing land use policies and future patterns; 
(D) consider the degree to which the project increases the 
mobility of the mass transportation dependent population or 
promotes economic development; and 
(E) consider other factors the Secretary considers appro-
priate to carry out this chapter. 
(4)(A) The Secretary of Transportation shall issue guidelines 
on how the Secretary will evaluate results of alternatives analysis, 
project justification, and the degree of local financial commitment. 
(B) The project justification under paragraph (1)(B) of this 
subsection shall be adjusted to reflect differences in local land, 
construction, and operating costs. 
(C) The degree of local financial commitment is acceptable 
only if— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 803 
(i) the proposed project plan provides for the availability 
of contingency amounts the Secretary of Transportation deter-
mines to be reasonable to cover unanticipated cost overruns; 
(ii) each proposed local source of capital and operating 
financing is stable, reliable, and available within the proposed 
project timetable; and 
(iii) local resources are available to operate the overall 
P
roposed mass transportation system (including essential feeder 
us and other services necessary to achieve the projected rider-
ship levels) without requiring a reduction in existing mass 
transportation services to operate the proposed project. 
(D) In assessing the stability, reliability, and availability of 
proposed sources of local financing, the Secretary of Transportation 
shall consider— 
(i) existing grant commitments; 
(ii) the degree to which financing sources are dedicated 
to the purposes proposed; and 
(iii) any debt obligation that exists or is proposed by the 
recipient for the proposed project or other mass transportation 
purpose. 
(5) A proposed project may advance from alternatives analysis 
to preliminary engineering only if the Secretary of Transportation 
finds that the project meets the requirements of this section and 
there is a reasonable chance that the project will continue to meet 
the requirements at the end of preliminary engineering. 
(6)(A) A new fixed guideway system or extension of an existing 
fixed guideway system is not subject to the requirements of this 
subsection, and the simultaneous evaluation of similar projects 
in at least 2 corridors in a metropolitan area may not be limited, 
if— 
(i) the project is located in an extreme or severe nonattain-
ment area and is a transportation control measure (as defined 
by the Clean Air Act (42 U.S.C. 7401 et seq.)) required to 
carry out an approved State Implementation Plan; or 
(ii) assistance provided under this section is less than 
$25,000,000 or one-third of the total cost of the project or 
an appropriate program of projects as decided by the Secretary 
of Trsmsportation. 
(B) The simultaneous evaluation of projects in at least 2 cor-
ridors in a metropolitan area may not be limited and the Secretary 
of Transportation shall make decisions under this subsection with 
expedited procedures that will promote carrying out an approved 
State Implementation Plan in a timely way if a project is— 
(i) located in a nonattainment area that is not an extreme 
or severe nonattainment area; 
(ii) a transportation control measure (as defined by the 
Clean Air Act (42 U.S.C. 7401 et seq.)); and 
(iii) required to carry out the State Implementation Plan. 
(C) This subsection does not apply to a part of a project (includ-
ing a commuter rail transportation project on an existing right 
of way) financed completely with amounts for highways made avail-
able under part A of title I of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240,105 Stat. 1915). 
(7) A project financed under this subsection shall be carried 
out through a full financing grant agreement. 
(f) REQUIRED PAYMENTS AND ELIGIBLE COSTS OF PROJECTS THAT 
ENHANCE URBAN ECONOMIC DEVELOPMENT OR INCORPORATE PRI-
108 STAT. 804 
PUBLIC LAW 103-272—JULY 5, 1994 
VATE INVESTMENT.—(1) Each grant or loan under subsection (a)(5) 
of this section shall require that a person making an agreement 
to occupy space in a facility pay a reasonable share of the costs 
of the facility through rental payments and other means. 
(2) Eligible costs for a project under subsection (a)(5) of this 
section— 
(A) include property acquisition, demolition of existing 
structures, site preparation, utilities, building foundations, 
walkways, open space, and a capital project for, and improving, 
equipment or a facility for an intermodal transfer facility or 
transportation mall; but 
A 
(B) do not include construction of a commercial revenue-
producing facility or a part of a public facility not related 
to mass transportation. 
(g) LETTERS OF INTENT, FULL FINANCING GRANT AGREEMENTS, 
A
N
D EARLY SYSTEMS WORK AGREEMENTS.—(1)(A) The Secretary 
of Transportation may issue a letter of intent to an applicant 
announcing an intention to obligate, for a project under this section, 
an amount from future available budget authority specified in law 
that is not more than the amount stipulated as the financial partici-
pation of the Secretary in the project. The amount shall be sufficient 
to complete at least an operable segment when a letter is issued 
for a fixed guideway project. 
Notification. 
(B) At least 30 days before issuing a letter under subparagraph 
(A) of this paragraph, the Secretary of Transportation 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 the letter. 
(C) The issuance of a letter is deemed not to be an obligation 
under sections 1108(c) and (d), 1501, and 1502(a) of title 31 or 
an administrative commitment. 
(D) An obligation or administrative commitment may be made 
only when amounts are appropriated. 
(2)(A) The Secretary of Transportation may make a full financ-
ing grant agreement with an applicant. The agreement shall— 
(i) establish the terms of participation by the United States 
Grovernment in a project under this section; 
(ii) establish the maximum amount of Government financial 
assistance for the project; 
(iii) cover the period of time for completing the project, 
including a period extending beyond the period of an authoriza-
tion; and 
(iv) make timely and efficient management of the project 
easier according to the law of the United States. 
(B) An agreement under this paragraph obligates an amount 
of available budget authority specified in law and may include 
a commitment, contingent on amounts to be specified in law in 
advance for commitments under this paragraph, to obligate an 
additional amount from future available budget authority specified 
in law. The agreement shall state that the contingent commitment 
is not an obligation of the Government. Interest and other financing 
costs of efficiently carrying out a part of the project within a 
reasonable time are a cost of carrying out the project under a 
full financing grant agreement, except that eligible costs may not 
be more than the cost of the most favorable financing terms reason-
ably available for the project at the time of borrowing. The applicant 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 805 
shall certify, in a way satisfactory to the Secretary of Transpor-
tation, that the applicant has shown reasonable diligence in seeking 
the most favorable financing terms. The amount stipulated in an 
agreement under this paragraph for a fixed guideway project shall 
be sufficient to complete at least an operable segment. 
(3)(A) The Secretary of Transportation may make an early 
systems work agreement with an applicant if a record of decision 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) has been issued on the project and the Secretary 
finds there is reason to believe— 
(i) a full financing grant agreement for the project will 
be made; and 
(ii) the terms of the work agreement will promote ultimate 
completion of the project more rapidly and at less cost. 
(B) A work agreement under this paragraph obligates an 
amount of available budget authority specified in law and shall 
provide for reimbursement of preliminary costs of carrying out 
the project, including land acquisition, timely procurement of system 
elements for which specifications are decided, and other activities 
the Secretary of Transportation decides are appropriate to make 
efficient, long-term project management easier. A work agreement 
shall cover the period of time the Secretary considers appropriate. 
The period may extend beyond the period of current authorization. 
Interest and other financing costs of efficiently carrying out the 
work agreement within a reasonable time are a cost of carrying 
out the agreement, except that eligible costs may not be more 
than the cost of the most favorable financing terms reasonably 
available for the project at the time of borrowing. The applicant 
shall certify, in a way satisfactory to the Secretary, that the 
applicant has shown reasonable diligence in seeking the most favor-
able financing terms. If an applicant does not carry out the project 
for reasons within the control of the applicant, the applicant shall 
repay all Government payments made under the work agreement 
{)lus reasonable interest and penalty charges the Secretary estab-
ishes in the agreement. 
(4) The total estimated amount of future obligations of the 
Government and contingent commitments to incur obligations cov-
ered by all outstanding letters of intent, full financing grant agree-
ments, and early systems work agreements may be not more than 
the greater of the amount authorized under section 5338(a) of 
this title to carry out this section or 50 percent of the uncommitted 
cash balance remaining in the Mass Transit Account of the Highway 
Trust Fund (including amounts received from taxes and interest 
earned that are more than amounts previously obligated), less 
an amount the Secretary of Transportation reasonably estimates 
is necessary for grants under this section not covered by a letter. 
The total amount covered by new letters and contingent commit-
ments included in full financing grant agreements and early sys-
tems work agreements may be not more than a limitation specified 
in law. 
(h) GOVERNMENT'S SHARE OF NET PROJECT COST.—Based on 
engineering studies, studies of economic feasibility, and information 
on the expected use of equipment or facilities, the Secretary of 
Transportation shall estimate the net project cost. A grant for 
the project is for 80 percent of the net project cost, unless the 
grant recipient requests a lower grant percentage. The remainder 
shall be provided in cash from a source other than amounts of 
108 STAT. 806 
PUBLIC LAW 103-272—JULY 5, 1994 
the Government. Transit system amounts that make up the remain-
der must be from an undistributed cash surplus, a replacement 
or depreciation cash fund or reserve, or new capital. The remainder 
for a planned extension to a fixed guideway system may include 
the cost of rolling stock previously purchased if the applicant satis-
fies the Secretary that only amounts other than amounts of the 
Government were used and that the purchase was made for use 
on the extension. A refund or reduction of the remainder may 
be made only if a refund of a proportional amount of the grant 
of the Grovemment is made at the same time. 
(i) LOAN TERM REQUIREMENTS.—Except for a loan under sub-
section (b) of this section, a loan, including a renewal or extension 
of the loan, may be made, and a security or obligation may be 
bought, only if it has a maturity date of not more than 40 years. 
Interest on a loan may not be less than— 
(1) a rate the Secretary of the Treasury establishes, consid-
ering the current average yield on outstanding marketable 
obligations of the Government that have remaining periods 
of maturity comparable to the average maturity of the loan, 
adjusted to the nearest .125 percent; plus 
(2) an allowance the Secretary of Transportation considers 
adequate to cover administrative costs and probable losses, 
(j) LOAN PAYMENT FORGIVENESS.—A grant agreement for a 
capital project may forgive repaying the loan and interest in place 
of a cash grant for the amount forgiven. The amount is part of 
the grant and part of the contribution of the Government to the 
cost of the project. 
(k) 
LIMITATION 
ON MAKING 
LOANS 
AND GRANTS FOR 
PROJECTS.—^The Secretary of Transportation may not make a loan 
under this section for a project for which a grant (except a relocation 
pa3rment grant) is made under this section. However, the Secretary 
may make a project grant even though real property for the project 
has been or will be acquired through a loan under subsection 
(b)of this section. 
(1) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary of 
Transportation gives priority consideration to financing projects 
that include more than the non-Grovemment share required under 
subsection (h) of this section, the Secretary shall give equal consider-
ation to differences in the fiscal capacity of State and local govern-
ments. 
(m) ALLOCATING AMOUNTS.—(1) Of the amounts available for 
grants and loans under this section for each of the fiscal years 
ending September 30, 1993-1997— 
(A) 40 percent is available for fixed guideway moderniza-
tion; 
(B) 40 percent is available for capital projects for new 
fixed guideway systems and extensions to existing fixed guide-
way systems; and 
(C) 20 percent is available to replace, rehabilitate, and 
buy buses and related equipment and to construct bus-related 
facilities. 
(2) At least 5.5 percent of the amounts available in each fiscal 
year under paragraph (1)(C) of this subsection is available for 
areas other than urbanized areas. 
(3) Not later than January 20 of each year, the Secretary 
of Transportation shall submit to the Committee on Public Works 
and Transportation of the House of Representatives and the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 807 
Committee on Banking, Housing, £ind Urban Affairs of the Senate 
a proposal on the allocation of amounts to be made available to 
finance grants and loans for capital projects for new fixed guideway 
systems and extensions to existing fixed guideway systems among 
applicants for those amounts. 
(4) A person applying for, or receiving, assistance for a project 
described in clause (A), (B), or (C) of paragraph (1) of this subsection 
may receive assistance for a project described in another of those 
clauses. 
(n) UNDERTAKING PROJECTS IN ADVANCE.—(1) The Secretary 
of Transportation may pay the Government's share of the net project 
cost to a State or local governmental authority that carries out 
any part of a project described in this section or a substitute 
transit project described in section 103(e)(4) of title 23 without 
the aid of amounts of the Government and according to all 
applicable procedures and requirements if— 
(A) the State or local governmental authority applies for 
the payment; 
(B) the Secretary approves the payment; and 
(C) before carryiftg out the part of the project, the Secretary 
approves the plans and specifications for the part in the same 
way as other projects under this section or section 103(e)(4) 
of title 23. 
(2) The cost of carrying out part of a project includes the 
amount of interest earned and payable on bonds issued by the 
State or local governmental authority to the extent proceeds of 
the bonds are expended in carrying out the part. However, the 
amount of interest under this paragraph may not be more than 
the most favorable interest terms reasonably available for the 
project at the time of borrowing. The applicant shall certify, in 
a way satisfactory to the Secretary of Transportation, that the 
applicant has shown reasonable diligence in seeking the most favor-
able financial terms. 
(3) The Secretary of Transportation shall consider changes in 
capital project cost indices when determining the estimated cost 
under paragraph (2) of this subsection. 
(o) USE OF DEOBLIGATED AMOUNTS.—An amount available 
under this section that is deobligated may be used for any purpose 
under this section. 
§5310. Grants and loans for special needs of elderly individ-
uals and individuals with disabilities 
(a) GENERAL AUTHORITY.—^The Secretary of Transportation may 
make grants and loans to— 
(1) State and local governmental authorities to help them 
provide mass transportation service planned, designed, and 
carried out to meet the special needs of elderly individuals 
and individuals with disabilities; and 
(2) the chief executive officer of each State for allocation 
to— 
(A) private nonprofit corporations and associations to 
help them provide that transportation service when the 
transportation service provided under clause (1) of this 
subsection is unavailable, insufficient, or inappropriate; or 
(B) governmental authorities— 
108 STAT. 808 
PUBLIC LAW 103-272—JULY 5, 1994 
(i) approved by the State to coordinate services 
for elderly individuals and individuals with disabilities; 
or 
(ii) that certify to the chief executive officer that 
no nonprofit corporation or association readily is avail-
able in an area to provide service under this subsection. 
(b) APPORTIONING AND TRANSFERRING AMOUNTS.—The Sec-
retary shall apportion amounts made available under section 
5338(a) of this title under a formula the Secretary administers 
that considers the number of elderly individuals and individuals 
with disabilities in each State. Any State's apportionment remaining 
available for obligation at the beginning of the 90-day period before 
the end of the period of availability of the apportionment is available 
to the chief executive officer of the State for transfer to supplement 
amounts apportioned to the State under section 5311(c) or 5336(a)(1) 
of this title. 
(c) STATE PROGRAM OF PROJECTS.—Amounts made available 
for this section may be used for transportation projects to assist 
in providing transportation services for elderly individuals and 
individuals with disabilities that are included in a State program 
of projects. A program shall be submitted annually to the Secretary 
for approval and shall contain an assurance that the program 
provides for maximum feasible coordination of transportation serv-
ices assisted under this section with transportation services assisted 
by other United States Grovemment sources. 
(d) ELIGIBLE CAPITAL EXPENSES.—^A recipient of amounts under 
this section may include acquiring transportation services as an 
eligible capital expense. 
(e) APPLICATION OF SECTION 5309.—(1) A grant or loan under 
subsection (a)(1) of this section is subject to all requirements of 
a grant or loan under section 5309 of this title, and is deemed 
to have been made under section 5309. 
(2) A grant or loan under subsection (aX2) of this section 
is subject to requirements similar to those under paragraph (1) 
of this subsection to the extent the Secretary considers appropriate. 
Regulations. 
(f) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPI-
ENTS.—In canying out section 5301(d) of this title, section 165(b) 
of the Federal-Aid Highway Act of 1973 (Public Law 93-87, 87 
Stat. 282), and section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) (consistent with Government-wide standards to carry 
out section 504), the Secretary shall prescribe regulations establish-
ing minimum criteria a recipient of Grovemment financial assistance 
under this chapter or a law referred to in section 165(b) shall 
comply with in providing mass transportation service to elderly 
individuals and individuals with disabilities and procedures for 
the Secretary to monitcw compliance with the criteria. The regula-
tions shall include provisions for ensuring that organizations and 
groups representing elderly individuals and individuals with disabil-
ities are given adequate notice of, and an opportunity to comment 
f, 
on, the proposed activity of a recipient to achieve compliance with 
the regulations. 
(g) LEASING VEHICLES.—The Secretary shall prescribe guide-
lines allowing vehicles bought under this section to be leased to 
local governmental authorities to improve transportation services 
designed to meet the special needs of elderly individuals and 
individuals with disabilities. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 809 
(h) MEAL DELIVERY SERVICE TO HOMEBOUND INDIVIDUALS.— 
Mass transportation service providers receiving assistance under 
this section or section 5311(c) of this title may coordinate and 
assist in regularly providing meal delivery service for homebound 
individuals if the delivery service does not conflict with providing 
mass transportation service or reduce service to mass transportation 
passengers. 
(i) TRANSFER OF FACILITIES AND EQUIPMENT.—^With the consent 
of the recipient currently having a facility or equipment acquired 
with assistance under this section, a State may transfer the facility 
or equipment to any recipient eligible to receive assistance under 
this chapter if the facility or equipment will continue to be used 
as required under this section. 
(j) FARES NOT REQUIRED.—^This chapter does not require that 
elderly individuals and individuals with disabilities be charged 
a fare. 
§5311. Financial assistance for other than urbanized areas 
(a) DEFINITION.—In this section, "recipient" includes a State 
authority, a local governmental authority, a nonprofit organization, 
and an operator of mass transportation service. 
(b) GENERAL AUTHORITY.—(1) The Secretary of Transportation 
may make grants for transportation projects that are included 
in a State program of mass tr£insportation service projects (including 
service agreements with private providers of mass transportation 
service) for areas other than urbanized areas. The program shall 
be submitted annually to the Secretary. The Secretary may approve 
the program only if the Secretary finds that the program provides 
a fair distribution of amounts in the State, including Indian reserva-
tions, and the maximum feasible coordination of mass transpor-
tation service assisted under this section with transportation service 
assisted by other United States Grovemment sources. 
(2) The Secretary of Transportation shall carry out a rural 
transportation assistance program in nonurbanized areas. In carry-
ing out this paragraph, the Secretary may make grants and con-
tracts for transportation research, technical assistance, training, 
and related support services in nonurbanized areas. 
(c) APPORTIONING AMOUNTS.—The Secretary of Transportation 
shall apportion amounts made available under section 5338(a) of 
this title so that the chief executive officer of each State receives 
an amount equal to the total amount apportioned multiplied by 
a ratio equal to the population of areas other than urbanized 
areas in a State divided by the population of all areas other than 
urbanized areas in the United States, as shown by the most recent 
of the following: the latest Government census, the population esti-
mate the Secretary of Commerce prepares after the 4th year after 
the date the latest census is published, or the population estimate 
the Secretary of Commerce prepares sifter the 8th year after the 
date the latest census is published. The amount may be obligated 
by the chief executive officer for 2 years after the fiscal year in 
which the amount is apportioned. An amount that is not obligated 
at the end of that period shall be reapportioned among the States 
for the next fiscal year. 
(d) USE FOR LOCAJ:. TRANSPORTATION SERVICE.—A State may 
use an amount apportioned under this section for a project included 
in a program under subsection (b) of this section and eligible for 
assistance under this chapter if the project will provide local 
108 STAT. 810 
PUBLIC LAW 103-272—JULY 5, 1994 
transportation service, as defined by the Secretary of Transpor-
tation, in an area other than an urbanized area. 
(e) USE FOR ADMINISTRATION AND TECHNICAL ASSISTANCE.— 
(1) The Secretary of Transportation may allow a State to use 
not more than 15 percent of the amount apportioned under this 
section to administer this section and provide technical assistance 
to a recipient, including project planning, program and management 
development, coordination of mass transportation programs, and 
research the State considers appropriate to promote effective deliv-
ery of mass transportation to an area other than an urbanized 
area. 
(2) Except as provided in this section, a State carrying out 
a program of operating assistance under this section may not limit 
the level or extent of use of the Government grant for the payment 
of operating expenses. 
(f) INTERCITY BUS TRANSPORTATION.—(1) A State shall expend 
at least 10 percent of the amount made available in the fiscal 
year ending September 30, 1993, and 15 percent of the amount 
made available in each fiscal year after September 30, 1993, to 
carry out a program to develop and support intercity bus transpor-
tation. Eligible activities under the program include— 
(A) planning and marketing for intercity bus transpor-
tation; 
(B) capital grants for intercity bus shelters; 
(C) joint-use stops and depots; 
(D) operating grants through purchase-of-service agree-
ments, user-side subsidies, and demonstration projects; and 
(E) coordinating rural connections between small mass 
transportation operations and intercity bus carriers. 
(2) A State does not have to comply with paragraph (1) of 
this subsection in a fiscal year in which the chief executive officer 
of the State certifies to the Secretary of Transportation that the 
intercity bus service needs of the State are being met adequately. 
(g) GOVERNMENT'S SHARE OF COSTS.—(1) In this subsection, 
"amounts of the Government or revenues" do not include amounts 
received under a service agreement with a State or local social 
service agency or a private social service organization. 
(2) A grant of the Government for a capital project under 
this section may not be more than 80 percent of the net cost 
of the project, as determined by the Secretary of Transportation. 
A grant to pay a subsidy for operating expenses may not be more 
than 50 percent of the net cost of the operating expense project. 
At least 50 percent of the remainder shall be provided in cash 
from sources other than amounts of the (Government or revenues 
from providing mass transportation. Transit system amounts that 
make up the remainder shall be from an undistributed cash surplus, 
a replacement or depreciation cash fund or reserve, or new capital. 
(h) AMOUNTS FOR OPERATING ASSISTANCE.—^An amount made 
available under this section may be used for operating assistance. 
(i) TRANSFER OF FACILITIES AND EQUIPMENT.—^With the consent 
of the recipient currently having a facility or equipment acquired 
with assistance under this section, a State may transfer the facility 
or equipment to any recipient eligible to receive assistance under 
this chapter if the facility or equipment will continue to be used 
as required under this section. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 811 
(j) RELATIONSHIP TO OTHER LAWS.—(1) Sections 5323(a)(1)(D) 
and 5333(b) of this title apply to this section but the Secretary 
of Labor may waive the application of section 5333(b). 
(2) This subsection does not affect or discharge a responsibility 
of the Secretary of Transportation under a law of the United States. 
§5312. Research, development, demonstration, and training 
projects 
(a) 
RESEARCH, 
DEVELOPMENT, 
AND 
DEMONSTRATION 
PROJECTS.—^The Secretary of Transportation (or the Secretary of 
Housing and Urbsin Development when required by section 5334(i) 
of this title) may undertake, or make grants or contracts (including 
agreements with departments, agencies, and instrumentalities of 
the United States Government) for, research, development, and 
demonstration projects related to urban mass transportation that 
the Secretary decides will help reduce urban transportation needs, 
improve mass transportation service, or help mass transportation 
service meet the total urban transportation needs at a minimum 
cost. The Secretary may request and receive appropriate information 
from any source. This subsection does not limit the authority of 
the Secretary under another law. 
(b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Sec-
retary of Transportation (or the Secretary of Housing and Urban 
Development when required by section 5334(i) of this title) may 
makegrants to nonprofit institutions of higher learning— 
(A) to conduct competent research and investigations into 
the theoretical or practical problems of urban transportation; 
and 
(B) to train individuals to conduct further research or 
obtain employment in an organization that plans, builds, oper-
ates, or manages an urban transportation system. 
(2) Research and investigations under this subsection include— 
(A) the design and use of urban mass transportation sys-
tems and urban roads and highways; 
(B) the interrelationship between various modes of urban 
and interurban transportation; 
(C) the role of transportation planning in overall urban 
planning; 
(D) public preferences in transportation; 
(E) the economic allocation of transportation resources; and 
(F) the legal, financial, engineering, and esthetic aspects 
of urban transportation. 
(3) When making a grant under this subsection, the appropriate 
Secretary shall give preference to an institution that brings together 
knowledge and expertise in the various social science and technical 
disciplines related to urban transportation problems. 
(c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND 
METHODS.—(1) The Secretary of Transportation may make grants 
to States, local governmental authorities, and operators of mass 
transportation systems to provide fellowships to train personnel 
employed in managerial, technical, and professional positions in 
the mass transportation field. 
(2) The Secretary of Transportation may make grants to State 
and local governmental authorities for projects that will use innova-
tive techniques and methods in managing and providing mass 
transportation. 
108 STAT. 812 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) A fellowship under this subsection may be for not more 
than one year of training in an institution that offers a program 
applicable to the mass transportation industry. The recipient of 
the grant shall select an individual on the basis of demonstrated 
ability and for the contribution the individual reasonably can be 
expected to make to an efficient mass transportation operation. 
A grant for a fellowship may not be more than the lesser of $24,000 
or 75 percent of— 
(A) tuition and other charges to the fellowship recipient; 
(B) additional costs incurred by the training institution 
and billed to the grant recipient; and 
(C) the regular salary of the fellowship recipient for the 
period of the fellowship to the extent the salary is actually 
paid or reimbursed by the grant recipient. 
§5313. State planning and research programs 
(a) COOPERATIVE RESEARCH PROGRAM.—(1) Fifty percent of the 
amounts made available under section 5338(g)(3) of this title are 
available for a mass transportation cooperative research program. 
Establishment. 
The Secretary of Transportation shall establish an independent 
governing board for the program. The board shall recommend mass 
transportation research, development, and technology transfer 
activities the Secretary considers appropriate. 
(2) The Secretary may make grants to, and cooperative agree-
ments with, the National Academy of Sciences to carry out activities 
under this subsection that the Secretary decides are appropriate. 
(b) STATE PLANNING AND RESEARCH.—(1) Fifty percent of the 
amounts made available under section 5338(g)(3) of this title shall 
be apportioned to States for grants and contracts consistent with 
the purposes of sections 5303-5306, 5312, 5315, 5317, and 5322 
of this title. The amounts shall be apportioned so that each State 
receives an amount equal to the population in urbanized areas 
in the State, divided by the population in urbanized areas in all 
States, as shown by the latest available decennial census. However, 
a State must receive at least .5 percent of the amount apportioned 
under this subsection. 
(2) A State, as the State considers appropriate, may authorize 
part of the amount made available under this subsection to be 
used to supplement amounts available under subsection (a) of this 
section. 
(3) An amount apportioned under this subsection— 
(A) remains available for 3 years after the fiscal year 
in which the amount is apportioned; and 
(B) that is unobligated at the end of the 3-year period 
shall be reapportioned among the States for the next fiscal 
year. 
(c) GOVERNMENT'S SHARE.—^When there would be a clear and 
direct financial benefit to an entity under a grant or contract 
financed under subsection (a) of this section, the Secretary shall 
establish a United States Government share consistent with the 
benefit. 
§ 5314. National planning and research programs 
(a) PROGRAM.—(1) The amounts made available under section 
5338(g)(4) of this title are available to the Secretary of Transpor-
tation for grants and contracts for the purposes of sections 5303-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 813 
5306, 5312, 5315, 5317, and 5322 of this title, as the Secretary 
considers appropriate. 
(2) Of the amounts made available under paragraph (1) of 
this subsection, the Secretary shall make available at least 
$2,000,000 to provide mass transportation-related technical assist-
ance, demonstration programs, research, public education, and other 
activities the Secretary considers appropriate to help mass transpor-
tation providers comply with the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.). To the extent practicable, the 
Secretary shall carry out this paragraph through a contract with 
a national nonprofit organization serving individuals with disabil-
ities that has a demonstrated capacity to carry out the activities. 
(3) Not more than 25 percent of the amounts available under 
paragraph (1) of this subsection is available to the Secretary for 
special demonstration initiatives, subject to terms the Secretary 
considers consistent with this chapter, 
except that 
section 
5323(a)(1)(D) of this title applies to an operational grant financed 
in carrying out section 5312(a) of this title. For a nonre-
newable grant of not more than $100,000, the Secretary shall pro-
vide expedited procedures on complying with the requirements of 
this chapter. 
(4)(A) The Secretary may undertake a program of mass 
transportation technology development in coordination with affected 
entities. 
(B) The Secretary shall establish an Industry Technical Panel 
composed of representatives of transportation suppliers and opera-
tors and others involved in technology development. A majority 
of the Panel members shall represent the supply industry. The 
Panel shall assist the Secretary in identifying priority technology 
development areas and in establishing guidelines for project devel-
opment, project cost sharing, and project execution. 
(C) The Secretary' shall develop guidelines for cost sharing 
in technology development projects financed under this paragraph. 
The guidelines shall be flexible and reflect the extent of technical 
risk, market risk, and anticipated supplier benefits and payback 
periods. 
(5) The Secretary may use amounts appropriated under this 
subsection to supplement amounts available under section 5313(a) 
of this title, as the Secretary considers appropriate. 
(b) GOVERNMENT'S SHARE.—^When there would be a clear and 
direct financial benefit to an entity under a grant or contract 
financed under subsection (a) of this section, the Secretary shall 
establish a United States Government share consistent with the 
benefit. 
§ 5315. National mass transportation institute 
(a) ESTABLISHMENT AND DUTIES.—-The Secretary of Transpor-
tation shall make grants to Rutgers University to establish a 
national mass transportation institute. In cooperation with the Fed-
eral Transit Administration, State transportation departments, pub-
lic mass transportation authorities, and national and international 
entities, the institute shall develop and conduct training programs 
of instruction for United States Government, State, and local 
transportation employees, United States citizens, and foreign 
nationals engaged or to be engaged in Government-aid mass 
transportation work. The programs may include courses in recent 
developments, techniques, and procedures related to— 
Establishment. 
Rutgers 
University. 
79-194 O—95—4 : QL 3 Part 2 
108 STAT. 814 
PUBLIC LAW 103-272—JULY 5, 1994 
San Jose State 
University. 
Northwestern 
University. 
(1) mass transportation planning; 
(2) management; 
(3) environmental factors; 
(4) acquisition and joint use of rights of way; 
(5) engineering; 
(6) procurement strategies for mass transportation systems; 
(7) turnkey approaches to carrying out mass transportation 
systems; 
(8) new technologies; 
(9) emission reduction technologies; 
(10) ways to make mass transportation accessible to 
individuals with disabilities; 
(11) construction; 
(12) maintenance; 
(13) contract administration; and 
(14) inspection. 
(b) RELATED EDUCATIONAL AND TRAINING PROGRAMS.—The Sec-
retary shall delegate to the institute the authority of the Secretary 
to develop and conduct educational and training programs related 
to mass transportation. 
(c) PROVIDING EDUCATION AND TRAINING.—Education and train-
ing of Government, State, and local transportation employees under 
this section shall be provided— 
(1) by the Secretary at no cost to the States and local 
governments for subjects that are a Government program 
responsibility; or 
(2) when the education and training are paid under sub-
section (d) of this section, by the State, with the approval 
of the Secretary, through grants and contracts with public 
and private agencies, other institutions, individuals, and the 
institute; 
(d) AVAILABILITY OF AMOUNTS.—Not more than .5 percent of 
the amounts made available for a fiscal year beginning after 
September 30, 1991, to a State or public mass transportation 
authority in the State to carry out sections 5304 and 5306 of 
this title is available for expenditure by the State and public mass 
transportation authorities in the State, with the approval of the 
Secretary, to pay not more than 80 percent of the cost of tuition 
and direct educational expenses related to educating and training 
State and local transportation employees under this section. 
§ 5316. University research institutes 
(a) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POL-
ICY.—^The Secretary of Transportation shall make grants to San 
Jose State University to establish and operate an institute for 
national surface transportation policy studies. The institute shall— 
(1) include male and female students of diverse socio-
economic and ethnic backgrounds who are seeking careers in 
developing and operating surface transportation programs; and 
(2) conduct research and development activities to analyze 
ways of improving aspects of developing and operating surface 
transportation programs of the United States. 
(b) INFRASTRUCTURE TECHNOLOGY INSTITUTE.—The Secretary 
shall make grants to Northwestern University to establish and 
operate an institute to study techniques— 
(1) to evzduate and monitor infrastructure conditions; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 815 
(2) to improve information systems for 
infrastructure 
construction and management; and 
(3) to study advanced materials and automated processes 
for constructing and rehabilitating public works facilities. 
(c) URBAN TRANSIT INSTITUTE.—The Secretary shall make 
grants to North Carolina A. and T. State University through the 
Institute for Transportation Research and Education, the University 
of South Florida, and a consortium of Florida A. and M., Florida 
State University, and Florida International University to establish 
and operate an interdisciplinary institute to study and disseminate 
techniques on the diverse transportation problems of urban areas 
experiencing significant and rapid growth. 
(d) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS.— 
The Secretary shall make grants to the University of Minnesota, 
Center for Transportation Studies, to establish and operate a 
national institute for intelligent vehicle-highway concepts. The 
institute shall conduct research and recommend development activi-
ties that focus on methods to increase roadway capacity, enhance 
safety, and reduce negative environmental effects of transportation 
facilities by using intelligent vehicle-highway systems technologies. 
(e) 
INSTITUTE FOR TRANSPORTATION RESEARCH AND EDU-
CATION.—^The Secretary shall make grants to the University of 
North Carolina to conduct research and development and to direct 
technology transfer and training for State and local transportation 
authorities to improve the overall surface transportation infrastruc-
ture. 
(f) APPLICABILITY OF TITLE 23.—Amounts authorized by section 
5338(d) of this title may be obligated in the same way as amounts 
are apportioned under chapter 1 of title 23. 
§ 5317. Transportation centers 
(a) GRANTS FOR REGIONAL TRANSPORTATION CENTERS.—(1) 
The 
Secretary of Transportation shall make grants to nonprofit institu-
tions of higher learning to establish and operate regional transpor-
tation centers in each of the 10 United States Government regions 
that comprise the Standard Federal Regional Boundary System. 
(2) A nonprofit institution of higher learning interested in 
receiving a grant under this subsection shall submit an application 
to the Secretary in the way and containing the information the 
Secretary prescribes. The Secretary shall select each recipient on 
the basis of the following: 
(A) the regional transportation center is located in a State 
that is representative of the needs of the Government region 
for improved transportation and facilities. 
(B) the demonstrated research and extension resources 
available to the recipient to carry out this subsection. 
(C) the capability of the recipient to provide leadership 
in making national and regional contributions to the solution 
of immediate and long-range transportation problems. 
(D) the recipient has an established transportation program 
encompassing several modes of transportation. 
(E) the recipient has a demonstrated commitment of at 
least $200,000 in regularly budgeted institutional amounts each 
year to support ongoing transportation research programs. 
(F) the recipient has a demonstrated ability to disseminate 
results of transportation research and educational programs 
North Carolina 
A & T State 
University. 
University of 
South Florida. 
Florida A&M. 
Florida State 
University. 
Florida 
International 
University. 
University of 
Minnesota. 
University of 
North Carolina. 
108 STAT. 816 
PUBLIC LAW 103-272—JULY 5, 1994 
Minorities. 
Women. 
Morgan State 
University. 
New Jersey 
Institute of 
Technology. 
Monmouth 
College. 
Federal 
buildings £md 
facilities. 
through a statewide or regionwide continuing educational pro-
gram. 
(G) the projects the recipient proposes to carry out under 
the grant. 
(3)(A) At each regional transportation center, the following 
shall be carried out: 
(i) infrastructure research on transportation. 
(ii) research and training on transportation safety and the 
transportation of passengers and property and the interpreta-
tion, publication, and dissemination of the results of the 
research. 
(B) Each transportation center— 
(i) should carry out research on more than one mode of 
transportation; and 
(ii) should consider the proportion of amounts for this sub-
section from amounts available to carry out urban mass 
transportation projects under this chapter and from the High-
way Trust Fund. 
(C) At one of the transportation centers, research may be car-
ried out on the testing of new bus models. 
(4) Before making a grant under this subsection, the Secretary 
may require the recipient to make an agreement with the Secretary 
to ensure that the recipient will maintain total expenditures from 
all other sources to establish and operate a regional transportation 
center and related research activities at a level at least equal 
to the average level of those expenditures in its 2 fiscal years 
prior to April 2, 1987. 
(5) A grant under this subsection is for 50 percent of the 
cost of establishing and operating the regional transportation center 
and related research activities the recipient carries out. 
(b) GRANTS FOR UNIVERSITY TRANSPORTATION CENTERS.—(1) 
To accelerate the involvement and participation of minority individ-
uals and women in transportation-related professions, particularly 
in the science, technology, and engineering disciplines, the Secretary 
shall make grants to Morgan State University to establish a 
national center for transportation management, research, and devel-
opment. The center shall give special attention to designing, devel-
oping, and carrying out research, training, and technology transfer 
activities to increase the number of highly skilled minority individ-
uals and women entering the transportation workforce. 
(2) The Secretary shall make grants to the New Jersey Institute 
of Technology to establish and operate a center for transportation 
and industrial productivity. The center shall conduct research and 
development activities that focus on ways to increase surface 
transportation capacity, reduce congestion, and reduce costs for 
transportation system users and providers through the use of 
transportation management systems, 
(3) The Secretary shall make a grant to Monmouth College, 
West Long Branch, New Jersey, to modify and rebuild Building 
Number 500 at Monmouth College. Before making the grant, the 
Secretary shall receive assurances from Monmouth College that 
the building will be known and designated as the James and 
Marlene Howard Transportation Information Center and that 
transportation-related instruction and research in computer science, 
electronic engineering, mathematics, and software engineering con-
ducted at the building will be coordinated with the Center for 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 817 
Transportation and Industrial Productivity at the New Jersey 
Institute of Technology. 
(4) The Secretary shall make grants to the University of 
Arkansas to establish a national rural transportation center. The 
center shall conduct research, training, and technology transfer 
activities in the development, management, and operation of inter-
modal transportation systems in rural areas. 
(5)(A) The Secretary shall make grants to the University of 
Idaho to establish a National Center for Advanced Transportation 
Technology. The Center shall be established and operated in part-
nership with private industry and shall conduct industry-driven 
research and development activities that focus on transportation-
related manufacturing and engineering processes, materials, and 
equipment. 
(B) The Secretary shall make grants to the University of Idaho 
to plan, design, and construct a building in which to conduct the 
research and development activities of the Center. 
(C) Amounts authorized by section 5338(e)(2) of this title may 
be obligated in the same way as amounts apportioned under chapter 
1 of title 23 (except that the Government share of the cost of 
the activities conducted under this paragraph is 80 percent and 
the amounts remain available until expended) and are not subject 
to an obligational limitation. 
(D) A grant made under this paragraph is not subject to the 
requirements of this section (except this paragraph). 
(c) PROGRAM COORDINATION.—The Secretary shall provide for 
coordinating research, education, training, and technology transfer 
activities that grant recipients carry out under this section, the 
dissemination of the results of the research, and the establishment 
and operation of a clearinghouse between the centers and the 
transportation industry. At least annually, the Secretary shall 
review and evaluate programs the grant recipients carry out. The 
Secretary may use not more than one percent of amounts made 
available from Government sources to carry out this section to 
carry out this subsection. 
(d) OBLIGATION CEILING.—^Amounts authorized to carry out this 
section (except subsection (b)(3)) are subject to obligational limita-
tions established under section 1002 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (PubHc Law 102-240, 105 
Stat. 1916). 
(e) AMOUNTS AVAILABLE FOR TECHNOLOGY TRANSFER ACTIVI-
TIES.—^At least 5 percent of the amounts made available to carry 
out this section in a fiscal year are available to carry out technology 
transfer activities. 
(f) ALLOCATION AMONG GOVERNMENT REGIONS.—^The Secretary 
shall allocate amounts available to carry out this section equitably 
among the Government regions. 
§ 5318. Bus testing facility 
(a) ESTABLISHMENT.-—The Secretary of Transportation shall 
establish one facility for testing a new bus model for maintain-
ability, reliability, safety, performance (including braking perform-
ance), structural integrity, fuel economy, emissions, and noise. The 
facility shall be established by renovating a facility built with 
assistance of the United States Government to train rail personnel. 
(b) OPERATION AND MAINTENANCE.—^The Secretary shall make 
a contract with a qualified person to operate and maintain the 
University of 
Arkansas. 
University of 
Idaho. 
Business and 
industry. 
Contracts. 
108 STAT. 818 
PUBLIC LAW 103-272—JULY 5, 1994 
facility. The contract may provide for the testing of rail cars and 
other vehicles at the facility. 
(c) FEES.—^The person operating and maintaining the facility 
shall establish and collect fees for the testing of vehicles at the 
facility. The Secretary must approve the fees. 
Ck)ntracts. 
(d) AVAILABILITY OF AMOUNTS To PAY FOR TESTiNG.^The Sec-
retary shall make a contract with the operator of the facility under 
which the Secretary shall pay 80 percent of the cost of testing 
a vehicle at the facility from amounts available under section 
5338(j)(5) of this title. The entity having the vehicle tested shall 
pay 20 percent of the cost. 
(e) REVOLVING LOAN FUND.—The Secretary has a bus testing 
revolving loan fund consisting of amounts authorized for the fund 
under section 317(b)(5) of the Surface Transportation and Relocation 
Assistance Act of 1987. The Secretary shall make available as 
repayable advances from the fund to the person operating and 
maintaining the facility amounts to operate and maintain the 
facility. 
§ 5319. Bicycle facilities 
A project to provide access for bicycles to mass transportation 
facilities, to provide shelters and parking facilities for bicycles in 
or around mass transportation facilities, or to install equipment 
for transporting bicycles on mass transportation vehicles is a capital 
project eligible for assistance under sections 5307, 5309, and 5311 
of this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g) 
of this title, a grant of the United States Government under this 
chapter for a project under this section is for 90 percent of the 
cost of the project. 
§5320. Suspended light rail system technology pilot project 
(a) PURPOSE.—^The purpose of this section is to provide for 
the construction by a public entity of a suspended light rail system 
technology pilot project— 
(1) to assess the state of new technology for a suspended 
light rail system; and 
(2) to establish the feasibility, costs, and benefits of using 
the system to transport passengers. 
(b) GENERAL REQUIREMENTS.—The project shall— 
(1) use new rail technology with individual vehicles on 
a prefabricated elevated steel guideway; 
(2) be stability-seeking with a center of gravity for the 
detachable passenger vehicles located below the point of wheel-
rail contact; and 
(3) use vehicles that are driven by overhead bogies with 
high efficiency, low maintenance electric motors for each wheel, 
operating in a slightly sloped plane from vertical for the wheels 
and the running rails, to further increase stability, acceleration, 
and braking performance. 
Contracts. 
(c) COMPETITION.—(1) The Secretary of Transportation shall 
conduct a national competition to select a public entity with which 
to make a full financing grant agreement to construct the project. 
Not later than April 16, 1992, the Secretary shall select 3 public 
entities to be finalists in the competition. In conducting the competi-
tion and selecting public entities, the Secretary shall consider— 
(A) the public entity's demonstrated understanding and 
knowledge of the project and its technical, managerial, and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 819 
financial capacity to construct, manage, and operate the project; 
and 
(B) maximizing potential contributions to the cost of the 
project by State, local, and private sector entities, including 
donation of in-kind services and materials. 
(2) The Secretary shall award a grant to each finalist to be 
used to participate in the final phase of the competition under 
procedures the Secretary prescribes. A grant may not be more 
than 80 percent of the cost of participating, A finalist may not 
receive more than one-third of the amount made available under 
subsection (h)(1)(A) of this section. 
(3) Not later than July 15, 1992, the Secretary shall select 
from among the 3 finalists a public entity with which to make 
a full financing grant agreement. 
(d) ENVIRONMENTAL IMPACT.—Not later than 270 days after 
a public entity is selected under subsection (c) of this section, 
the Secretary shall approve and publish in the Federal Register 
a notice announcing either a finding of no significant impact or 
a draft environmental impact statement for the project. The alter-
natives analysis for the project shall include a decision on whether 
to construct the project. If a draft statement is published, the 
Secretary, not later than 180 days after publication, shall approve 
and publish in the Federal Register a notice of completion of a 
final environmental impact statement. 
(e) FULL FINANCING GRANT AGREEMENT.—Not later than 60 
days after carrying out the requirements of subsection (d) of this 
section, the Secretary shall make a full financing grant agreement 
under section 5309 of this title with the public entity selected 
under subsection (c) of this section to construct the project. The 
agreement shall provide that the system vendor for the project 
shall finance— 
(1) 100 percent of any deficit incurred in operating the 
project in the first 2 years of revenue operations of the project; 
and 
(2) 50 percent of any deficit incurred in operating the 
project in the 3d year of revenue operations of the project. 
(f) NOTICE TO PROCEED.-—Not later than 30 days after making 
the full financing grant agreement, the Secretary shall issue a 
notice to proceed with construction. 
(g) OPTION NOT TO CONSTRUCT AND REAWARDING THE GRANT.— 
(1) Not later than 30 days after completing preliminary engineering 
and design, the selected public entity shall decide whether to pro-
ceed to constructing the project. If the entity decides not to 
proceed— 
(A) the Secretary shall not make the full financing grant 
agreement; 
(B) remaining amounts received shall be returned to the 
Secretary and credited to the Mass Transit Account of the 
Highway Trust Fund; and 
(C) the Secretary shall use the credited amount and other 
amounts to be provided under this section to award to another 
entity selected under subsection (c)(1) of this section a grant 
under section 5309 of this title to construct the project. 
(2) Not later than 60 days after a decision is made under 
paragraph (1) of this subsection, a grant shall be awarded under 
paragraph (1)(C) of this section after completing a competitive proc-
ess for selecting the grant recipient. 
Federal 
Register, 
publication. 
108 STAT. 820 
PUBLIC LAW 103-272—JULY 5, 1994 
(h) FINANCING.—(1) The Secretary shall pay from amounts pro-
vided under section 5309 of this title the following: 
(A) at least $1,000,000 for the fiscal year ending September 
30, 1992, for grants under subsection (c)(2) of this section. 
(B) at least $4,000,000 for the fiscal year ending September 
30, 1993, for the United States Government share of the costs 
(as determined under section 5309 of this title) if the systems 
planning, alternatives analysis, preliminary engineering, and 
design and environmental impact statement are required by 
law for the project. 
(C) at least $30,000,000 for the fiscal year ending Septem-
ber 30, 1994, as provided in the grant agreement under sub-
section (e) of this section, for the Government share of the 
construction costs of the project. 
(2) The grant agreement under subsection (e) of this section 
shall provide that for the 3d year of revenue operations of the 
project, the Secretary shall pay from amounts provided under this 
section the Government share of operating costs in an amount 
equal to the lesser of 50 percent of the deficit incurred in operating 
the project in that year or $300,000. 
(3) Amounts not expended under paragraph (1)(A) of this sub-
section are available for the Government share of costs described 
in paragraph (1)(B) and (C) of this subsection. 
(4) Amounts under paragraph (1)(B) and (C) of this subsection 
remain available until expended. 
(i) GOVERNMENT'S SHARE OF COSTS.—The Government share 
of the cost of constructing the project is 80 percent of the net 
cost of the project. 
0") PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POL-
ICY.—^The project is not subject to the major capital investment 
policy of the Federal Transit Administration. 
(k) REPORT.—^Not later than January 30, 1993, and each year 
after that date, the Secretary shall submit to Congress a report 
on the progress and results of the project. 
§5321. Crime prevention and security 
The Secretary of Transportation may make capital grants from 
amounts available under section 5338 of this title to mass transpor-
tation systems for crime prevention and security. This chapter 
does not prevent the financing of a project under this section when 
a local governmental authority other than the grant applicant has 
law enforcement responsibilities. 
§ 5322. Human resource programs 
The Secretary of Transportation may undertake, or make grants 
and contracts for, programs that address human resource needs 
as they apply to mass transportation activities. A program may 
include— 
(1) an emplojonent training program; 
(2) an outreach program to increase minority and female 
employment in mass transportation activities; 
(3) research on mass transportation personnel and training 
needs; and 
(4) training and assistance for minority business oppor-
tunities. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 821 
§ 5323. General provisions on assistance 
(a) INTERESTS IN PROPERTY.—(1) Financial assistance provided 
under this chapter to a State or a local governmental authority 
may be used to acquire an interest in, or buy property of, a private 
mass transportation company, for a capital project for property 
acquired from a private mass transportation company after July 
9, 1964, or to operate mass transportation equipment or a mass 
transportation facility in competition with, or in addition to, 
transportation service provided by an existing mass transportation 
company, only if— 
(A) the Secretary of Transportation finds the assistance 
is essential to a program of projects required under sections 
5303-5306 of this title; 
(B) the Secretary of Transportation finds that the program, 
to the maximum extent feasible, provides for the participation 
of private mass transportation companies; 
(C) just compensation under State or local law will be 
paid to the company for its franchise or property; and 
(D) the Secretary of Labor certifies that the assistance 
complies with section 5333(b) of this title. 
(2) A governmental authority may not use financial assistance 
of the United States Government to acquire land, equipment, or 
a facility used in mass transportation from another governmental 
authority in the same geographic area. 
(b) NOTICE AND I'UBLIC HEARING.—(1) An application for a 
grant or loan under this chapter (except section 5307) for a capital 
project that will affect substantially a community, or the mass 
transportation service of a community, must include a certificate 
of the applicant that the applicant has— 
(A) provided an adequate opportunity for a public hearing 
with adequate prior notice; 
(B) held that hearing unless no one with a significant 
economic, social, or environmental interest requested one; 
(C) considered the economic, social, and environmental 
effects of the project; and 
(D) found that the project is consistent with official plans 
for developing the urban area. 
(2) Notice of a hearing under this subsection shall include 
a concise description of the proposed project and shall be published 
in a newspaper of general circulation in the geographic area the 
project will serve. If a hearing is held, a copy of the transcript 
of the hearing shall be submitted with the application. 
(c) ACQUIRING NEW Bus MODELS.—^Amounts appropriated or 
made available under this chapter (except section 5307) after 
September 30, 1989, may be obligated or expended to acquire a 
new bus model only if a bus of the model has been tested at 
the facility established under section 5318 of this title. 
(d) BUYING AND OPERATING BUSES.—(1) Financial assistance 
under this chapter may be used to buy or operate a bus only 
if the applicant, governmental authority, or publicly owned operator 
that receives the assistance agrees that, except as provided in 
the agreement, the governmental authority or an operator of mass 
transportation for the governmental authority will not provide char-
ter bus transportation service outside the urban area in which 
it provides regularly scheduled mass transportation service. An 
agreement shall provide for a fair arrangement the Secretary of 
Transportation considers appropriate to ensure that the assistance 
108 STAT. 822 
PUBLIC LAW 103-272—JULY 5, 1994 
will not enable a governmental authority or an operator for a 
governmental authority to foreclose a private operator from provid-
ing intercity charter bus service if the private operator can provide 
the service. 
(2) On receiving a complaint about a violation of an agreement, 
the Secretary of Transportation shall investigate and decide 
whether a violation has occurred. If the Secretary decides that 
a violation has occurred, the Secretary shall correct the violation 
under terms of the agreement. In addition to a remedy specified 
in the agreement, the Secretary may bar a recipient under this 
subsection or an operator from receiving further assistance when 
the Secretary finds a continuing pattern of violations of the agree-
ment. 
(e) Bus PASSENGER SEAT FUNCTIONAL SPECIFICATIONS.—The 
initial advertising by a State or local governmental authority for 
bids to acquire buses using financial assistance under this chapter 
(except section 5307) may include passenger seat functional speci-
fications that are at least equal to performance specifications the 
Secretary of Transportation prescribes. The specifications shall be 
based on a finding by the State or local governmental authority 
of local requirements for safety, comfort, maintenance, and life 
cycle costs. 
(0 ScHOOLBUS TRANSPORTATION.—(1) 
Financial 
assistance 
under this chapter may be used for a capital project, or to operate 
mass transportation equipment or a mass transportation facility, 
only if the applicant agrees not to provide schoolbus transportation 
that exclusively transports students and school personnel in com-
petition with a private schoolbus operator. This subsection does 
not apply— 
(A) to an applicant that operates a school system in the 
area to be served and a separate and exclusive schoolbus pro-
gram for the school system; 
(B) unless a private schoolbus operator can provide ade-
quate transportation that complies with applicable safety stand-
ards at reasonable rates; and 
(C) to a State or local governmental authority if it or 
a direct predecessor in interest from which it acquired the 
duty of transporting school children and personnel, and facili-
ties to transport them, provided schoolbus transportation at 
any time after November 25, 1973, but before November 26, 
1974. 
(2) An applicant violating an agreement under this subsection 
may not receive other financial assistance under this chapter. 
(g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and 
(f) of this section apply to financial assistance to buy a bus under 
sections 103(e)(4) and 142(a) or (c) of title 23. However, subsection 
(f)(1)(C) of this section applies to sections 103(e)(4) and 142(a) 
or (c) only if schoolbus transportation was provided at any time 
after August 12, 1972, but before August 13, 1973. 
(h) GRANT AND LOAN PROHIBITIONS.—^A grant or loan may 
not be used to— 
(1) pay ordinary governmental or nonproject operating 
expenses; or 
(2) support a procurement that uses an exclusionary or 
discriminatory specification. 
(i) GOVERNMENT'S SHARE OF COSTS FOR CERTAIN PROJECTS.— 
A Grovemment grant for a project to be assisted under this chapter 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 823 
that involves acquiring vehicle-related equipment required by the 
Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent 
of the net project cost of the equipment that is attributable to 
complying with those Acts. The Secretary of Transportation, 
through practicable administrative procedures, may determine the 
costs attributable to that equipment. 
(j) BUY AMERICAN,,—(1) The Secretary of Transportation may 
obligate an amount that may be appropriated to carry out this 
chapter for a project only if the steel, iron, and manufactured 
goods used in the project are produced in the United States. 
(2) The Secretary of Transportation may waive paragraph (1) 
of this subsection if the Secretary finds that— 
(A) applying paragraph (1) would be inconsistent with the 
public interest; 
(B) the steel, iron, and goods produced in the United States 
are not produced in a sufficient and reasonably available 
amount or are not of a satisfactory quality; 
(C) when procuring rolling stock (including train control, 
communication, and traction power equipment) under this 
chapter— 
(i) the cost of components and subcomponents produced 
in the United States is more than 60 percent of the cost 
of all components of the rolling stock; and 
(ii) final assembly of the rolling stock has occurred 
in the United States; or 
(D) including domestic material will increase the cost of 
the overall project by more than 25 percent. 
(3) In this subsection, labor costs involved in final assembly 
are not included in calculating the cost of components. 
(4) The Secretary of Transportation may not make a waiver 
under paragraph (2) of this subsection for goods produced in a 
foreign country if the Secretary, in consultation with the United 
States Trade Representative, decides that the government of that 
foreign country— 
(A) has an agreement with the United States Government 
under which the Secretary has waived the requirement of this 
subsection; and 
(B) has violated the agreement by discriminating against 
goods to which this subsection applies that are produced in 
the United States and to which the agreement applies. 
(5) A person is ineligible under subpart 9.4 of chapter 1 of 
title 48, Code of Federal Regulations, to receive a contract or sub-
contract made with amounts authorized under the Intermodal Sur-
face Transportation Efficiency Act of 1991 (Public Law 102-240, 
105 Stat. 1914) if a court or department, agency, or instrumentality 
of the Grovemment decides the person intentionally— 
(A) affixed a "Made in America" label, or a label with 
an inscription having the same meaning, to goods sold in or 
shipped to the United States that are used in a project to 
which this subsection applies but not produced in the United 
- States; or 
(B) represented that goods described in clause (A) of this 
paragraph were produced in the United States. 
(6) The Secretary of Transportation may not impose any limita-
tion on assistance provided under this chapter that restricts a 
State from imposing more stringent requirements than this sub-
108 STAT. 824 
PUBLIC LAW 103-272—JULY 5, 1994 
section on the use of articles, materials, and supplies mined, pro-
duced, or manufactured in foreign countries in projects carried 
out with that assistance or restricts a recipient of that assistance 
from complying with those State-imposed requirements. 
Reports. 
(7) Not later than January 1, 1995, the Secretary of Transpor-
tation shall submit to Congress a report on purchases from foreign 
entities waived under paragraph (2) of this subsection in the fiscal 
years ending September 30, 1992, and September 30, 1993. The 
report shall indicate the dollar value of items for which waivers 
were granted. 
(k) APPLICATION OF SECTION 135 OF TITLE 23.—-The planning 
and programming requirements of section 135 of title 23 apply 
to a grant made under sections 5307-5311 of this title. 
§ 5324. Limitations on discretionary and special needs grants 
and loans 
(a) RELOCATION PROGRAM REQUIREMENTS.—Financial assist-
ance may be provided under section 5309 of this title only if the 
Secretary of Transportation decides that— 
(1) an adequate relocation program is being carried out 
for families displaced by a project; and 
(2) an equal number of decent, safe, and sanitary dwellings 
are being, or will be, provided to those families in the same 
area or in another area generally not less desirable for public 
utilities and public and commercial facilities, at rents or prices 
within the financial means of those families, and with reason-
able access to their places of employment. 
(b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1) 
In carrying out section 5301(e) of this title, the Secretary of 
Transportation shall cooperate and consult with the Secretaries 
of Agriculture, Health and Human Services, Housing and Urban 
Development, and the Interior and the Council on Environmental 
Quality on each project that may have a substantial impact on 
the environment. 
(2) In carrying out section 5309 of this title, the Secretary 
of Transportation shall review each transcript of a hearing submit-
ted under section 5323(b) of this title to establish that an adequate 
opportunity to present views was given to all parties with a signifi-
cant economic, social, or environmental interest and that the project 
application includes a statement on— 
(A) the environmental impact of the proposal; 
(B) adverse environmental effects that cannot be avoided; 
(C) alternatives to the proposal; and 
(D) irreversible and irretrievable impacts on the environ-
ment. 
(3)(A) The Secretary of Transportation may approve an applica-
tion for financial assistance under section 5309 of this title only 
if the Secretary makes written findings, after reviewing the applica-
tion and any hearings held before a State or local governmental 
authority under section 5323(b) of this title, that— 
(i) an adequate opportunity to present views was given 
to all parties with a significant economic, social, or environ-
mental interest; 
(ii) the preservation and enhancement of the environment, 
and the interest of the community in which a project is located, 
were considered; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 825 
(iii) no adverse environmental effect is likely to result 
from the project, or no feasible and prudent alternative to 
the effect exists and all reasonable steps have been taken 
to minimize the effect. 
(B) If a hearing has not been conducted or the Secretary of 
Transportation decides that the record of the hearing is inadequate 
for making the findings required by this subsection, the Secretary 
shall conduct a hearing on an environmental issue raised by the 
application after giving adequate notice to interested persons. 
(C) A finding of the Secretary of Transportation under subpara- Public 
graph (A) of this paragraph shall be made a matter of public information, 
record. 
(c) 
PROHIBITIONS AGAINST 
REGULATING 
OPERATIONS AND 
CHARGES.—The Secretary of Transportation may not regulate the 
operation of a mass transportation system for which a grant is 
made under section 5309 of this title and, after a grant is made, 
may not regulate any charge for the system. However, the Secretary 
may require the local governmental authority, corporation, or 
association to comply with any undertaking provided by it related 
to its grant application. 
§ 5325. Contract requirements 
(a) NONCOMPETITIV15 BIDDING.—^A capital project or improve-
ment contract for which a grant or loan is made under this chapter, 
if the contract is not made through competitive bidding, shall pro-
vide that records related to the contract shall be made available 
to the Secretary of Transportation and the Comptroller General, 
or an officer or employee of the Secretary or Comptroller General, 
when conducting an audit and inspection. 
(b) ACQUIRING ROLLING STOCK.—A recipient of financial assist-
ance of the United States Government under this chapter may 
make a contract to expend that assistance to acquire rolling stock— 
(1) based on— 
(A) initial capital costs; or 
(B) performance, standardization, life cycle costs, and 
other factors; or 
(2) with a party selected through a competitive procurement 
process. 
(c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A 
recipient of a grant under section 5307 of this title procuring 
an associated capital maintenance item under section 5307(b) may 
make a contract directly with the original manufacturer or supplier 
of the item to be replaced, without receiving prior approval of 
the Secretary, if the recipient first certifies in writing to the Sec-
retary that— 
(1) the manufacturer or supplier is the only source for 
the item; and 
(2) the price of the item is no more than the price similar 
customers pay for the item. 
(d) 
MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CON-
TRACTS.—^A contract 
ibr 
program 
management, 
construction 
management, a feasibility study, and preliminary engineering, 
design, architectural, engineering, surveying, mapping, or related 
services for a project for which a grant or loan is made under 
this chapter shall be awarded in the same way as a contract 
for architectural and engineering services is negotiated under title 
IX of the Federal Property and Administrative Services Act of 
108 STAT. 826 
PUBLIC LAW 103-272—JULY 5, 1994 
1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based 
requirement of a State. This subsection does not apply to the 
extent a State has adopted or adopts by law a formal procedure 
for procuring those services, 
§ 5326. Special procurements 
(a) TURNKEY SYSTEM PROJECTS.—(1) In this subsection, "turn-
key system project" means a project under which a recipient makes 
a contract with a seller, firm, or consortium of firms to construct 
a mass transportation system that meets specific performance cri-
teria and that the seller operates for a period of time. 
(2) To advance new technologies and lower the cost of a capital 
project for a new mass transportation system, the Secretary of 
Transportation shall allow solicitation for a turnkey system project 
to be financed under this chapter to be awarded conditionally before 
United States Government requirements have been met on the 
project if the award is made without prejudice to carrying out 
those requirements. Government financial assistance under this 
chapter may be made available for the project after the recipient 
complies with Government requirements. 
(3) To develop regulations applying generally to turnkey system 
projects, the Secretary may approve at least 2 projects for an 
initial demonstration phase. The results of the demonstration 
projects (and other projects using this procurement method on 
December 18, 1991) shall be considered in developing guidelines 
to carry out this subsection. 
(b) MuLTiYEAR ROLLING STOCK.—(1) A recipient procuring roll-
ing stock with Government financial assistance under this chapter 
may make a multiyear contract to buy the rolling stock and replace-
ment parts under which the recipient has an option to buy addi-
tional rolling stock or replacement parts for not more than 5 years 
after the date of the original contract. 
(2) The Secretary shall allow at least 2 recipients to act on 
a cooperative basis to procure rolling stock in compliance with 
this subsection and other Government procurement requirements. 
(c) 
EFFICIENT 
PROCUREMENT.—^A recipient may award 
a 
procurement contract under this chapter to other than the lowest 
bidder when the award furthers an objective consistent with the 
purposes of this chapter, including improved long-term operating 
efficiency and lower long-term costs. Not later than March 17, 
1992, the Secretary shall— 
(1) make appropriate changes in existing procedures to 
make the policy stated in this subsection readily practicable 
for all mass transportation authorities; and 
(2) prescribe guidance that clarifies and carries out the 
policy. 
§ 5327. Project management oversight 
(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—^To receive 
United States Government financial assistance for a major capital 
project under this chapter or the National Capital Transportation 
Act of 1969 (Public Law 91-143, 83 Stat. 320), a recipient must 
prepare and carry out a project management plan approved by 
the Secretary of Transportation. The plan shall provide for— 
(1) adequate recipient staff organization with well-defined 
reporting relationships, statements of functional responsibil-
ities, job descriptions, and job qualifications; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 827 
(2) a budget covering the project management organization, 
appropriate consult£ints, property acquisition, utility relocation, 
systems demonstration staff, audits, and miscellaneous pay-
ments the recipient may be prepared to justify; 
(3) a construction schedule for the project; 
(4) a document control procedure and recordkeeping system; 
(5) a change order procedure that includes a documented, 
systematic approach to the handling of construction change 
orders; 
(6) organizational structures, management skills, and staff-
ing levels required throughout the construction phase; 
(7) quality control and quality assurance functions, proce-
dures, and responsibilities for construction, system installation, 
and integration of system components; 
(8) material testing policies and procedures; 
(9) internal plan implementation and reporting require-
ments; 
(10) criteria and procedures to be used for testing the 
operational system or its major components; 
(11) periodic updates of the plan, especially related to 
project budget and project schedule, financing, ridership esti-
mates, and the status of local efforts to enhance ridership 
where ridership estimates partly depend on the success of those 
efforts; and 
(12) the recipient's commitment to submit a project budget 
and project schedule to the Secretary each month, 
(b) PLAN APPROVAL,.^ 1) The Secretary shall approve a plan 
not later than 60 days after it is submitted. If the approval cannot 
be completed within 60 days, the Secretary shall notify the recipient, 
explain the reasons for the delay, and estimate the additional 
time that will be required. 
(2) The Secretary shall inform the recipient of the reasons 
when a plan is disapproved. 
(c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Sec-
retary may use not more than .5 percent of amounts made available 
for a fiscal year to carry out section 5307, 5309, or 5311 of this 
title, an interstate transfer mass transportation project under sec-
tion 103(e)(4) of title 23 as in effect on September 30, 1991, or 
a project under the National Capital Transportation Act of 1969 
(Public Law 91-143, 83 Stat. 320) to make a contract to oversee 
the construction of a major project under section 5307, 5309, 5311, 
or 103(e)(4) of that Act. The Secretary may use when necessary 
not more than an additional .25 percent of amounts made available 
in a fiscal year to cany out a major project under section 5307 
to make a contract to oversee the construction of the project. 
(2) The Secretary may use amounts available under paragraph 
(1) of this subsection to make contracts for safety, procurement, 
management, and financial compliance reviews and audits of a 
recipient of amounts under paragraph (1). Subsections (a), (b), and 
(e) of this section do not apply to contracts under this paragraph. 
(3) The Government shall pay the entire cost of carrying out 
a contract under this subsection. 
(d) ACCESS TO SITES AND RECORDS.—Each recipient of assist-
ance under this chapter or section 14(b) of the National Capital 
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), 
as added by section 2 of the National Capital Transportation 
Amendments of 1979 (PubUc Law 96-184, 93 Stat. 1320), shall 
108 STAT. 828 
PUBLIC LAW 103-272—JULY 5, 1994 
provide the Secretary and a contractor the Secretary chooses under 
subsection (c) of this section with access to the construction sites 
and records of the recipient when reasonably necessary. 
(e) REGULATIONS.—The Secretary shall prescribe regulations 
necessary to carry out this section. The regulations shall include— 
( D a definition of "major capital project" for subsection 
(c) of this section that excludes a project to acquire rolling 
stock or to maintain or rehabilitate a vehicle; and 
(2) a requirement that oversight begin during the prelimi-
nary engineering stage of a project, unless the Secretary finds 
it more appropriate to begin the oversight during another stage 
of the project, to maximize the transportation benefits and 
cost savings associated with project management oversight. 
§ 5328. Project review 
(a) SCHEDULE.—(1) When the Secretary of Transportation 
allows a new fixed guideway project to advance into the alternatives 
analysis stage of project review, the Secretary shall cooperate with 
the applicant in alternatives analysis and in preparing a draft 
environmental impact statement and shall approve the draft for 
circulation not later than 45 days after the applicant submits the 
draft to the Secretary. 
(2) After the draft is circulated and not later than 30 days 
after the applicant selects a locally preferred alternative, the Sec-
retary shall allow the project to advance to the preliminary 
engineering stage if the Secretary finds the project is consistent 
with section 5309(e)(l)-(6) of this title. 
Records. 
(3) The Secretary shall issue a record of decision and allow 
a project to advance to the final design stage of construction not 
later than 120 days after the final environmental impact statement 
for the project is completed. 
(4) The Secretary shall make a full financing grant agreement 
under section 5309 of this title for a project not later than 120 
days after the project enters the final design stage of construction. 
The agreement shall provide for a United States Grovernment share 
of the construction cost at least equal to the Government share 
estimated in the Secretary's most recent report required under 
section 5309(m)(2) of this title or an update of the report unless 
the applicant requests otherwise. 
(b) ALLOWED DELAYS.—(1) Advancement of a project under 
the time requirements of subsection (a) of this section may be 
delayed only— 
(A) for the time the applicant may request; or 
(B) during the time the Secretary finds, after reasonable 
notice and an opportunity for comment, that the applicant, 
for reasons attributable only to the applicant, has not complied 
substantially with the provisions of this chapter applicable 
to the project. 
(2) Not more than 10 days after imposing a delay under para-
graph (1)(B) of this subsection, the Secretary shall give the applicant 
a written statement explaining the reasons for the delay and 
describing actions the applicant must take to end the delay. 
Reports. 
(3) At least once every 6 months, the Secretary shall report 
to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate on each situation in which the Secretary 
has not met a time requirement of subsection (a) of this section 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 829 
or delayed a time requirement under paragraph (1)(B) of this sub-
section. The report shall explain the reasons for the delay and 
include a plan for achieving timely completion of the Secretary's 
review. 
(c) PROGRAM OF INTERRELATED PROJECTS.—(1) In this sub-
section, a program of interrelated projects includes the following: 
(A) the New Jersey Urban Core Project (as defined in 
title III of the Intermodal Surface Transportation Efficiency 
Act of 1991 (Public Law 102-240, 105 Stat. 2087)). 
(B) the San Francisco Bay Area Rail Extension Program, 
consisting of at least an extension of the San Francisco Bay 
Area Rapid Transit District to the San Francisco International 
Airport (Phase la to Colma and Phase lb to San Francisco 
Airport), the Santa Clara County Transit District Tasman Cor-
ridor Project, a program element designated by a change to 
the Metropolitan Transportation Commission Resolution No. 
1876, and a program element financed completely with non-
Government amounts, including the BART Warm Springs 
Extension, Dublin Extension, and West Pittsburg Extension. 
(C) the Los Angeles Metro Rail Minimum Operable Seg-
ment-3 Program, consisting of 7 stations and approximately 
11.6 miles of heavy rail subway on the following lines: 
(i) one line running west and northwest from the HoUy-
woodA^ine station to the North Hollywood station, with 
2 intermediate stations. 
(ii) one line running west from the Wilshire/Western 
station to the Pico/San Vicente station, with one intermedi-
ate station. 
(iii) the East Side Extension, consisting of an initial 
line of approximately 3 miles, with at least 2 stations, 
beginning at Union Station and running generally east. 
(D) the Baltimore-Washington Transportation Improve-
ment Program, consisting of 3 extensions of the Baltimore 
Light Rail to Hunt Valley, Penn Station, and Baltimore-
Washington Airport, MARC extensions to Frederick and Wal-
dorf, Maryland, and an extension of the Washington Subway 
system to Largo, Maryland. 
(E) the Tri-County Metropolitan Transportation District 
of Oregon Westside Light Rail Program, consisting of the locally 
preferred alternative for the Westside Light Rail Project, includ-
ing system related costs, contained in the Department of 
Transportation and Related Agencies Appropriations Act, 1991 
(Public Law 101-516, 104 Stat. 2155), and defined in House 
Report 101-584, and the Hillsboro extension to the Westside 
Light Rail Project contained in that Act. 
(F) the Queens Local/Express Connector Program, consist-
ing of the locally preferred alternative for the connection of 
the 63d Street tunnel extension to the Queens Boulevard lines, 
the bell-mouth part of the connector that will allow for future 
access by commuter rail trains and other subway lines to the 
63d Street tunnel extension, planning elements for connecting 
the upper and lower levels to commuter and subway lines 
in Long Island City, and planning elements for providing a 
connector for commuter rail transportation to the East side 
of Manhattan and subway lines to the proposed Second Avenue 
subway. 
108 STAT. 830 
PUBLIC LAW 103-272—JULY 5, 1994 
(G) the Dallas Area Rapid Transit Authority light rail 
elements of the New System Plan, consisting of the locally 
preferred alternative for the South Oak Cliff corridor, the South 
Oak Cliff corridor extension-Camp Wisdom, the West Oak Cliff 
corridor-Westmoreland, the North Central corridor-Park Lane, 
the North Central corridor-Richardson, Piano, and Garland 
extensions, the Pleasant Grove corridor-Buckner, and the 
Carrollton corridors-Farmers Branch and Las Colinas terminal. 
(H) other programs designated by law or the Secretary. 
(2) Consistent with the time requirements of subsection (a) 
of this section or as otherwise provided by law, the Secretary 
shall make at least one full financing grant agreement for each 
program described in paragraph (1) of this subsection. The agree-
ment shall include commitments to advance each of the applicant's 
program elements (in the program of interrelated projects) through 
the appropriate program review stages as provided in subsection 
(a) or as otherwise provided by law and to provide Government 
financing for each element. The agreement may be changed to 
include design and construction of a particular element. 
(3) When reviewing a project in a program of interrelated 
projects, the Secretary shall consider the local financial commit-
ment, transportation effectiveness, and other assessment factors 
of all program elements to the extent consideration expedites carry-
ing out the project. 
(4) Including a program element not financed by the Govern-
ment in a program of interrelated projects does not impose Govern-
ment requirements that otherwise would not apply to the element. 
§ 5329. Investigation of safety hazards 
(a) GENERAL.—^The Secretary of Transportation may investigate 
a condition in equipment, a facility, or an operation financed under 
this chapter that the Secretary believes causes a serious hazard 
of death or injury to establish the nature and extent of the condition 
and how to eliminate or correct it. If the Secretary establishes 
that a condition causes a hazard, the Secretary shall require the 
local governmental authority receiving amounts under this chapter 
to submit a plan for correcting it. The Secretary may withhold 
further financial assistance under this chapter until a plan is 
approved and carried out. 
(b) REPORT.—Not later than June 15, 1992, the Secretary shall 
submit to Congress a report containing— 
(1) a description of actions taken to identify and investigate 
conditions in a facility, equipment, or way of operating as 
part of the findings and decisions required of the Secretary 
in providing a grant or loan under this chapter; 
(2) a description of actions of the Secretary to correct or 
eliminate, as a requirement for making an amount available 
through a grant or loan under this chapter, a condition found 
to create a serious hazard of death or injury; 
(3) a summary of all passenger-related deaths and injuries 
resulting from an unsafe condition in a facility, equipment, 
or way of operating a facility or equipment at least partly 
financed under this chapter; 
(4) a summary of all employee-related deaths and injuries 
resulting from an unsafe condition in a facility, equipment, 
or way of operating a facility or equipment at least partly 
financed under this chapter; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 831 
(5) a summary of action of the Secretary to correct or 
eliminate the unsafe condition to which the deaths and injuries 
referred to in clauses (3) and (4) of this subsection were attrib-
uted; 
(6) a summary of actions of the Secretary to alert mass 
transportation operators of the nature of the unsafe condition 
found to create a serious hazard of death or injury; and 
(7) recommendations of the Secretary to Congress of any 
legislative or administrative actions necessary to ensure that 
all recipients of amounts under this chapter will undertake 
the best way available to correct or eliminate hazards of death 
or injury, including— 
(A) a timetable for undertaking actions; 
(B) an estimate of the capital and operating cost to 
take the actions; and 
(C) minimum standards for establishing and carrying 
out safety plans by recipients of amounts under this 
chapter. 
§5330. Withholding amounts for noncompliance with safety 
requirements 
(a) APPLICATION.—This section applies only to States that have 
rail fixed guideway mass transportation systems not subject to 
regulation by the Federal Railroad Administration. 
(b) GENERAL AUTHORITY.—^The Secretary of Transportation may 
withhold not more than 5 percent of the amount required to be 
appropriated for use in a State or urbanized area in the State 
under section 5307 of this title for a fiscal year beginning after 
September 30, 1994, if the State in the prior fiscal year has not 
met the requirements of subsection (c) of this section and the 
Secretary decides the State is not making an adequate effort to 
comply with subsection (c). 
(c) STATE REQUIREMENTS.—^A State meets the requirements 
of this section if the State— 
(1) establishes and is carrying out a safety program plan 
for each fixed guideway mass transportation system in the 
State that establishes at least safety requirements, lines of 
authority, levels of responsibility and accountability, and meth-
ods of documentation for the system; and 
(2) designates a State authority as having responsibility— 
(A) to require, review, approve, and monitor the carry-
ing out of each plan; 
(B) to investigate hazardous conditions and accidents 
on the systems; and 
(C) to require corrective action to correct or eliminate 
those conditions. 
(d) MULTISTATE INVOLVEMENT.—When more than one State 
is subject to this section in connection with a single mass transpor-
tation authority, the affected States may designate an entity (except 
the mass transportation authority) to ensure uniform safety stand-
ards and enforcement and to meet the requirements of subsection 
(c) of this section. 
(e) AVAILABILITY OF WITHHELD AMOUNTS.—(1) An amount with-
held under subsection (b) of this section remains available for 
apportionment for use in the State until the end of the 2d fiscal 
year after the fiscal year for which the amount may be appropriated. 
108 STAT. 832 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) If a State meets the requirements of subsection (c) of this 
section before the last day of the period for which an amount 
withheld under subsection (b) of this section remains available 
under paragraph (1) of this subsection, the Secretary, on the first 
day on which the State meets the requirements, shall apportion 
to the State the amount withheld that remains available for appor-
tionment for use in the State. An amount apportioned under this 
paragraph remains available until the end of the 3d fiscal year 
after the fiscal year in which the amount is apportioned. An amount 
not obligated at the end of the 3-year period shall be apportioned 
for use in other States under section 5336 of this title. 
(3) If a State does not meet the requirements of subsection 
(c) of this section at the end of the period for which an amount 
withheld under subsection (b) of this section remains available 
under paragraph (1) of this subsection, the amount shall be appor-
tioned for use in other States under section 5336 of this title. 
(f) REGULATIONS.—Not later than December 18, 1992, the Sec-
retary shall prescribe regulations stating the requirements for 
complying with subsection (c) of this section. 
§ 5331. Alcohol and controlled substances testing 
(a) DEFINITIONS.—In this section— 
(1) "controlled substance" means any substance under sec-
tion 102 of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 802) whose use the Secretary 
of Transportation decides has a risk to transportation safety. 
(2) "person" includes any entity organized or existing under 
the laws of the United States, a State, territory, or possession 
of the United States, or a foreign country. 
(3) "mass transportation" means any form of mass transpor-
tation, except a form the Secretary decides is covered ade-
quately, for employee alcohol and controlled substances testing 
purposes, under subchapter III of chapter 201 or section 31306 
of this title. 
Regulations. 
(b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOY-
EES.—(1)(A) In the interest of mass transportation safety, the Sec-
retary of Transportation shall prescribe regulations not later than 
October 28, 1992, that establish a program requiring mass transpor-
tation operations that receive financial assistance under section 
5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 
to conduct preemployment, reasonable suspicion, random, and post-
accident testing of mass transportation employees responsible for 
safety-sensitive functions (as decided by the Secretary) for the use 
of alcohol or a controlled substance in violation of law or a United 
States Government regulation. 
(B) When the Secretary of Transportation considers it appro-
priate in the interest of safety, the Secretary may prescribe regula-
tions for conducting periodic recurring testing of mass transpor-
tation employees responsible for safety-sensitive functions (as 
decided by the Secretary) for the use of alcohol or a controlled 
substance in violation of law or a Government regulation. 
(2) In prescribing regulations under this subsection, the Sec-
retary of Transportation— 
(A) shall require that post-accident testing of such a mass 
transportation employee be conducted when loss of human life 
occurs in an accident involving mass transportation; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 833 
(B) may require that post-accident testing of such a mass 
transportation employee be conducted when bodily injury or 
significant property damage occurs in any other serious accident 
involving mass transportation. 
(c) DISQUALIFICATIONS FOR USE,—(1) When the Secretary of 
Transportation considers it appropriate, the Secretary shall require 
disqualification for an established period of time or dismissal of 
any employee referred to in subsection (b)(1) of this section who 
is found— 
(A) to have used or been impaired by alcohol when on 
duty; or 
(B) to have used a controlled substance, whether or not 
on duty, except as allowed for medical purposes by law or 
regulation. 
(2) This section does not supersede any penalty applicable 
to a mass transportation employee under another law. 
(d) TESTING AND LABORATORY REQUIREMENTS.—In carrying out 
subsection (b) of this section, the Secretary of Transportation shall 
develop requirements that shall— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimens; 
(2) for laboratories and testing procedures for controlled 
substances, incorporate the Department of Health and Human 
Services scientific and technical guidelines dated April 11, 1988, 
and any amendments to those guidelines, including mandatory 
guidelines establishing— 
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this section, including 
standards requiring the use of the best available technology 
to ensure the complete reliability and accuracy of controlled 
substances tests and strict procedures governing the chain 
of custody of specimens collected for controlled substances 
testing; 
(B) the minimum list of controlled substances for which 
individuals may be tested; and 
(C) appropriate standards and procedures for periodic 
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled 
substances testing in carrying out this section; 
(3) require that a laboratory involved in controlled sub-
stances testing under this section have the capability and facil-
ity, at the laboratory, of performing screening and confirmation 
tests; 
(4) provide that all tests indicating the use of alcohol or 
a controlled substance in violation of law or a Grovernment 
regulation be confirmed by a scientifically recognized method 
of testing capable of providing quantitative information about 
alcohol or a controlled substance; 
(5) provide that each specimen be subdivided, secured, 
and labeled in the presence of the tested individual and that 
a part of the specimen be retained in a secure manner to 
prevent the possibility of tampering, so that if the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained part tested by a 2d confirma-
tion test done independently at another certified laboratory 
if the individual requests the 2d confirmation test not later 
108 STAT. 834 
PUBLIC LAW 103-272—JULY 5, 1994 
than 3 days after being advised of the results of the first 
confirmation test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations that 
may be necessary and in consultation with the Secretary of 
Health and Human Services; 
(7) provide for the confidentiality of test results and medical 
information (except information about alcohol or a controlled 
substance) of employees, except that this clause does not pre-
vent the use of test results for the orderly imposition of appro-
priate sanctions under this section; and 
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee 
is harassed by being treated differently from other employees 
in similar circumstances. 
Regulations. 
(e) REHABILITATION.—The Secretary of Transportation shall 
prescribe regulations establishing requirements for rehabilitation 
programs that provide for the identification and opportunity for 
treatment of any mass transportation employee referred to in sub-
section (b)(1) of this section who is found to have used alcohol 
or a controlled substance in violation of law or a Government 
regulation. The Secretary shall decide on the circumstances under 
which employees shall be required to participate in a program. 
This subsection does not prevent a mass transportation operation 
from establishing a program under this section in cooperation with 
another mass transportation operation. 
(f) RELATIONSHIP TO OTHER LAWS, REGULATIONS, STANDARDS, 
AND ORDERS.—(1) A State or local government may not prescribe, 
issue, or continue in effect a law, regulation, standard, or order 
that is inconsistent with regulations prescribed under this section. 
However, a regulation prescribed under this section does not pre-
empt a State criminal law that imposes sanctions for reckless 
conduct leading to loss of life, injury, or damage to property. 
(2) In prescribing regulations under this section, the Secretary 
of Transportation— 
(A) shall establish only requirements that are consistent 
with international obligations of the United States; and 
(B) shall consider applicable laws and regulations of foreign 
countries. 
(3) This section does not prevent the Secretary of Transpor-
tation from continuing in effect, amending, or further supplementing 
a regulation prescribed before October 28, 1991, governing the 
use of alcohol or a controlled substance by mass transportation 
employees. 
(g) INELIGIBILITY FOR ASSISTANCE.—A person is not eligible 
for financial assistance under section 5307, ^309, or 5311 of this 
title or section 103(e)(4) of title 23 if the person is required, under 
regulations the Secretary of Transportation prescribes under this 
section, to establish a program of alcohol and controlled substances 
testing and does not establish the program. 
§5332. Nondiscrimination 
(a) DEFINITION.—In this section, "person" includes a govern-
mental authority, political subdivision, authority, legal representa-
tive, trust, unincorporated organization, trustee, trustee in bank-
ruptcy, and receiver. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 835 
(b) PROHIBITIONS.—^A person may not be excluded from partici-
pating in, denied a benefit of, or discriminated against under, 
a project, program, or activity receiving financial assistance under 
this chapter because of race, color, creed, national origin, sex, or 
age. 
(c) COMPLIANCE.—(1) The Secretary of Transportation shall take 
affirmative action to ensure compliance with subsection (b) of this 
section. 
(2) When the Secretary decides that a person receiving financial 
assistance under this chapter is not complying with subsection 
(b) of this section, a civil rights law of the United States, or 
a regulation or order under that law, the Secretary shall notify 
the person of the decision and require action be taken to ensure 
compliance with subsection (b). 
(d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE.—^If a per-
son does not comply with subsection (b) of this section within 
a reasonable time after receiving notice, the Secretary shall— 
(1) direct that no further financial assistance of the United 
States Grovernment under this chapter be provided to the per-
son; 
(2) refer the matter to the Attorney General with a rec-
ommendation that a civil action be brought; 
(3) proceed under title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.); and 
(4) take any other action provided by law. 
(e) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney Gen-
eral may bring a civil action for appropriate relief when— 
(1) a matter is referred to the Attorney General under 
subsection (d)(2) of this section; or 
(2) the Attorney General believes a person is engaged in 
a pattern or practice in violation of this section. 
(D APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This sec-
tion applies to an employment or business opportunity and is in 
addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
§5333. Labor standards 
(a) 
PREVAILING 
WAGES 
REQUIREMENT.—The 
Secretary 
of 
Transportation shall ensure that laborers and mechanics employed 
by contractors and subcontractors in construction work financed 
with a grant or loan under this chapter be paid wages not less 
than those prevailing on similar construction in the locality, as 
determined by the Secretary of Labor under the Act of March 
3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a-
5). The Secretary of Transportation may approve a grant or loan 
only after being assured that required labor standards will be 
maintained on the construction work. For a labor standard under 
this subsection, the Secretary of Labor has the same duties and 
powers stated in Reorganization Plan No. 14 of 1950 (eff. May 
24, 1950, 64 Stat. 1267) and section 2 of the Act of June 13, 
1934 (40 U.S.C. 276c). 
(b) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) As a condition 
of 
financial 
assistance 
under 
sections 
5307-5312, 
5318(d), 
5323(a)(1), (b), (d), and (e), 5328, 5337, and 53380')(5) of this title, 
the interests of employees affected by the assistance shall be pro-
tected under arrangements the Secretary of Labor concludes are 
fair and equitable. The agreement granting the assistance under 
108 STAT. 836 
PUBLIC LAW 103-272—JULY 5, 1994 
sections 5307-5312, 5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, 
and 5338(j)(5) shall specify the arrangements. 
(2) Arrangements under this subsection shall include provisions 
that may be necessary for— 
(A) the preservation of rights, privileges, and benefits 
(including continuation of pension rights and benefits) under 
existing collective bargaining agreements or otherwise; 
(B) the continuation of collective bargaining rights; 
(C) the protection of individual employees against a worsen-
ing of their positions related to employment; 
(D) assurances of employment to employees of acquired 
mass transportation systems; 
(E) assurances of priority of reemployment of employees 
whose employment is ended or who are laid off; and 
(F) paid training or retraining programs. 
(3) Arrangements under this subsection shall provide benefits 
at least equal to benefits established under section 11347 of this 
title. 
§5334. Administrative 
(a) GENERAL AUTHORITY.—In carrying out this chapter, the 
Secretary of Transportation may— 
(1) prescribe terms for a project under sections 5307 and 
5309-5311 of this title (except terms the Secretary of Labor 
prescribes under section 5333(b) of this title); 
(2) sue and be sued; 
(3) foreclose on property or bring a civil action to protect 
or enforce a right conferred on the Secretary of Transportation 
by law or agreement; 
(4) buy property related to a loan under this chapter; 
(5) agree to pay an annual amount in place of a State 
or local tax on real property acquired or owned under this 
chapter; 
(6) sell, exchange, or lease property, a security, or an obliga-
tion; 
(7) obtain loss insurance for property and assets the Sec-
retary of Transportation holds; 
(8) consent to a modification in an agreement under this 
chapter; and 
(9) include in an agreement or instrument under this chap-
ter a covenant or term the Secretary of Transportation considers 
necessary to carry out this chapter. 
(b) PROCEDURES FOR PRESCRIBING REGULATIONS.—(1) The Sec-
retary of Transportation shall prepare an agenda listing all areas 
in which the Secretary intends to propose regulations governing 
Federal 
activities Under this chapter within the following 12 months. The 
^^sister, 
Secretary shall publish the proposed agenda in the Federal Register 
pu ica ion. 
^g pg^j^ Q£ ^j^g Secretary's semiannual regulatory agenda that lists 
regulatory activities of the Federal Transit Administration. The 
Secretary shall submit the agenda to the Committees on Public 
Works and Transportation and Appropriations of the House of 
Representatives and the Committees on Banking, Housing, and 
Urban Affairs and Appropriations of the Senate on the day the 
agenda is published. 
(2) Except for emergency regulations, the Secretary of Transpor-
tation shall give interested parties at least 60 days to participate 
in a regulatory proceeding under this chapter by submitting written 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 837 
information, views, or arguments, with or without an oral presen-
tation, except when the Secretary for good cause finds that public 
notice and comment are unnecessary because of the routine nature 
or insignificant impact of the regulation or that an emergency 
regulation should be issued. The Secretary may extend the 60-
day period if the Secretary decides the period is insufficient to 
allow diligent individuals to prepare comments or that other cir-
cumstances justify an extension. 
(3) An emergency regulation ends 120 days after it is issued. Termination 
(4) The Secretary of Transportation shall comply with this ^
^
*
®
-
section (except subsections (h) and (i)) and sections 5323(a)(2), (c) 
and (e), 5324(c), and 5325 of this title when proposing or carrying 
out a regulation governing an activity under this chapter, except 
for a routine matter or a matter with no significant impact. 
(c) BUDGET PROGRAJ^ AND SET OF ACCOUNTS.—The Secretary 
of Transportation shall— 
(1) submit each year a budget program as provided in 
section 9103 of title 31; and 
(2) maintain a set of accounts the Comptroller Greneral 
shall audit under chapter 35 of title 31. 
(d) DEPOSITORY AND AVAILABILITY OF AMOUNTS.—The Secretary 
of Transportation shall deposit amounts made available to the 
Secretary under this chapter in a checking account in the Treasury. 
Receipts, assets, and amounts obtained or held by the Secretary 
to carry out this chapter are available for administrative expenses 
to carry out this chapter. 
(e) BINDING EFFECT OF FINANCIAL TRANSACTION.—A financial 
transaction of the Secretary of Transportation under this chapter 
and a related voucher are binding on all officers and employees 
of the United States Government. 
(f) 
DEALING 
WITH 
ACQUIRED 
PROPERTY.—Notwithstanding 
another law related to the Government acquiring, using, or dispos-
ing of real property, the Secretary of Transportation may deal 
with property acquired under subsection (a)(3) or (4) of this section 
in any way. However, this subsection does not— 
(1) deprive a State or political subdivision of a State of 
jurisdiction of the property; or 
(2) impair the civil rights, under the laws of a State or 
political subdivision of a State, of an inhabitant of the property. 
(g) TRANSFER OF ASSETS NO LONGER NEEDED,—(1) If a recipient 
of assistance under this chapter decides an asset acquired under 
this chapter at least in part with that assistance is no longer 
needed for the purpose for which it was acquired, the Secretary 
of Transportation may authorize the recipient to transfer the asset 
to a local governmental authority to be used for a public purpose 
with no further obligation to the Government. The Secretary may 
authorize a transfer for a public purpose other than mass transpor-
tation only if the Secretary decides— 
(A) the asset will remain in public use for at least 5 
years after the date the asset is transferred; 
(B) there is no purpose eligible for assistance under this 
chapter for which the asset should be used; 
(C) the overall benefit of allowing the transfer is greater 
than the interest of the Government in liquidation and return 
of the financial interest of the Government in the asset, after 
considering fair market value and other factors; and 
108 STAT. 838 
PUBLIC LAW 103-272—JULY 5, 1994 
(D) through an appropriate screening or survey process, 
that there is no interest in acquiring the asset for Grovemment 
use if the asset is a facility or land. 
(2) A decision under paragraph (1) of this section must be 
in writing and include the reason for the decision. 
(3) This subsection is in addition to another law related to 
using and disposing of a facility or equipment under an assistance 
agreement. 
(h) TRANSFER OF AMOUNTS AND NON-GOVERNMENT SHARE.— 
(1) Amounts made available for a mass transportation project under 
title 23 shall be transferred to and administered by the Secretary 
of Transportation under this chapter. Amounts made available for 
a highway project under this chapter shall be transferred to and 
administered by the Secretary under title 23. 
(2) The provisions of title 23 related to the non-Government 
share apply to amounts under title 23 used for mass transportation 
projects. The provisions of this chapter related to the non-Govern-
ment share apply to amounts under this chapter used for highway 
projects. 
(i) AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOP-
MENT.—The Secretary of Housing and Urban Development shall— 
(1) carry out section 5312(a) and (b)(1) of this title related 
to— 
(A) urban transportation systems and planned develop-
ment of urban areas; and 
(B) the role of transportation planning in overall'urban 
planning; and 
(2) advise and assist the Secretary of Transportation in 
making findings under section 5323(a)( 1)(A) of this title. 
(j) RELATIONSHIP TO OTHER LAWS.—(1) Section 9107(a) of title 
31 applies to the Secretary of Transportation under this chapter. 
(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies 
to a contract for more than $1,000 for services or supplies related 
to property acquired under this chapter. 
§5335. Reports and audits 
(a) REPORTING SYSTEM AND UNIFORM SYSTEM OF ACCOUNTS 
AND RECORDS.—(1) To help meet the needs of individual mass 
transportation systems, the United States Government, State and 
local governments, and the public for information on which to 
base mass transportation service planning, the Secretary of 
Transportation shall maintain a reporting system, by uniform cat-
egories, to accumulate mass transportation financial and operating 
information and a uniform system of accounts and records. The 
reporting and uniform systems shall contain appropriate informa-
tion to help any level of government make a public sector investment 
decision. The Secretary may request and receive appropriate 
information from any source. 
(2) The Secretary may make a grant under section 5307 of 
this title only if the applicant, and any person that will receive 
benefits directly from the grant, are subject to the reporting and 
uniform systems. 
(b) QUARTERLY REPORTS.—Not later than 30 days after the 
last day of each calendar quarter, the Secretary shall submit to 
the Committees on Public Works and Transportation and Appropria-
tions of the House of Representatives and the Committees on Bank-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 839 
ing, Housing, and Urban Affairs and Appropriations of the Senate 
a report on— 
(1) obligations by State, designated recipient, and applicant 
made under this chapter during the quarter; 
(2) the balance of unobligated apportionments under this 
chapter on the last day of the quarter; 
(3) the balance of unobligated amounts under this chapter 
on the last day of the quarter that the Secretary may expend; 
(4) letters of intent issued during the quarter; 
(5) letters of intent outstanding on the last day of the 
quarter; and 
(6) grant contracts executed and reimbursement authority 
established for amounts obligated for each State, designated 
recipient, and applicant. 
(c) BIENNIAL NEEDS REPORT.—In January 1993 and in January 
of every 2d year after 1993, the Comptroller General shall submit 
to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report containing an evaluation 
of the extent to which current mass transportation needs are 
addressed adequately and an estimate of the future mass transpor-
tation needs of the United States, including mass transportation 
needs in rural areas (particularly access to health care facilities). 
The report shall include— 
(1) an assessment of needs related to rail modernization, 
guideway modernization, replacing, rehabilitating, and buying 
buses and related equipment, constructing bus related facilities, 
and constructing new fixed guideway systems and extensions 
to existing fixed guideway systems; 
(2) a 5-year projection of maintenance and modernization 
needs resulting from aging of existing equipment and facilities, 
including the need to overhaul or replace existing bus fleets 
and rolling stock used on fixed guideway systems; 
(3) a 5-year projection of the need to invest in the expansion 
of existing mass transportation systems to meet changing eco-
nomic, commuter, and residential patterns; 
(4) an estimate of the level of expenditure needed to satisfy 
the needs identified in clauses (l)-(3) of this paragraph; 
(5) an examination of existing Government, State, local, 
and private resources that are or reasonably can be expected 
to be made available to support public mass transportation; 
and 
(6) the gap between the level of expenditure estimated 
under clause (4) of this paragraph and the level of resources 
identified under clause (5) of this paragraph that are available 
to meet the needs. 
(d) BIENNIAL TRANSFERABILITY REPORT.—In January 1993 and 
in January of every 2d year after 1993, the Comptroller General 
shall submit to the Committee on Public Works and Transportation 
of the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a report on carrying 
out section 5307(b)(5) of this title. The report shall— 
(1) identify, by State, the amount of mass transportation 
money transferred for non-mass transportation purposes under 
section 5307(b)(5) of this title during the prior fiscal year; 
108 STAT. 840 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) include an assessment of the impact of the transfers 
on the mass transportation needs of individuals and commu-
nities in the State, including the impact on— 
(A) the State's ability to meet the mass transportation 
needs of elderly individuals and individuals with disabil-
ities; 
(B) efforts to meet the objectives of the Clean Air 
Act (42 U.S.C. 7401 et seq.) and the Americans With 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and 
(C) the State's efforts to extend public mass transpor-
tation services to unserved rural areas; and 
(3) examine the relative levels of Government mass 
transportation assistance and services in urban and rural areas 
in the fiscal year that ended September 30, 1991, and the 
extent to which the assistance and service has changed in 
later fiscal years because of mass transportation resources made 
available under this chapter and the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240, 
105 Stat. 1914). 
§ 5336. Apportionment of appropriations for block grants 
(a) BASED ON URBANIZED AREA POPULATION.—Of the amount 
made available or appropriated under section 5338(f) of this title— 
(1) 9.32 percent shall be apportioned each fiscal year only 
in urbanized areas with a population of less than 200,000 
so that each of those areas is entitled to receive an amount 
equal to— 
(A) 50 percent of the total amount apportioned multi-
plied by a ratio equal to the population of the area divided 
by the total population of all urbanized areas with popu-
lations of less than 200,000 as shown in the latest United 
States Government census; and 
(B) 50 percent of the total amount apportioned multi-
plied by a ratio for the area based on population weighted 
by a factor, established by the Secretary of Transportation, 
of the number of inhabitants in each square mile; and 
(2) 90.68 percent shall be apportioned each fiscal year 
only in urbanized areas with populations of at least 200,000 
as provided in subsections (b) and (c) of this section. 
(b) 
BASED ON FIXED GUIDEWAY REVENUE 
VEHICLE-MILES, 
ROUTE-MILES, AND PASSENGER-MILES.—(1) In this subsection, "fixed 
guideway revenue vehicle-miles" and "fixed guideway route-miles" 
include ferry boat operations directly or under contract by the 
designated recipient. 
(2) Of the amount apportioned under subsection (a)(2) of this 
section, 33.29 percent shall be apportioned as follows: 
(A) 95.61 percent of the total amount apportioned under 
this subsection shall be apportioned so that each urbanized 
area with a population of at least 200,000 is entitled to receive 
an amount equal to— 
(i) 60 percent of the 95.61 percent apportioned under 
this subparagraph multiplied by a ratio equal to the num-
ber of fixed guideway revenue vehicle-miles attributable 
to the area, as established by the Secretary of Transpor-
tation, divided by the total number of all fixed guideway 
revenue vehicle-miles attributable to all areas; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 841 
(ii) 40 percent of the 95.61 percent apportioned under 
this subparagraph multiplied by a ratio equal to the num-
ber of fixed guideway route-miles attributable to the area, 
established by the Secretary, divided by the total number 
of all fixed guideway route-miles attributable to all areas. 
(B) 4.39 percent of the total amount apportioned under 
this subsection shall be apportioned so that each urbanized 
area with a population of at least 200,000 is entitled to receive 
an amount equal to— 
(i) the number of fixed guideway vehicle passenger-
miles traveled multiplied by the number of fixed guideway 
vehicle passenger-miles traveled for each dollar of operating 
cost in an area; divided by 
(ii) the total number of fixed guideway vehicle pas-
senger-miles traveled multiplied by the total number of 
fixed guideway vehicle passenger-miles traveled for each 
dollar of operating cost in all areas. 
(C) An urbanized area with a population of at least 750,000 
in which commuter rail transportation is provided shall receive 
at least .75 percent of the total amount apportioned under 
this subsection. 
(D) Under subparagraph (A) of this paragraph, fixed guide-
way revenue vehicle- or route-miles, and passengers served 
on those miles, in an urbanized area with a population of 
less than 200,000, where the miles and passengers served other-
wise would be attributable to an urbanized area with a popu-
lation of at least 1,000,000 in an adjacent State, are attributable 
to the governmental authority in the State in which the urban-
ized area with a population of less than 200,000 is located. 
The authority is deemed an urbanized area with a population 
of at least 200,000 if the authority makes a contract for the 
service. 
(E) A recipient's apportionment under subparagraph (A)(i) 
of this paragraph may not be reduced if the recipient, after 
satisfying the Secretary of Transportation that energy or 
operating efficiencies would be achieved, reduces revenue 
vehicle-miles but provides the same frequency of revenue serv-
ice to the same number of riders. 
(c) BASED ON BUS REVENUE VEHICLE-MILES AND PASSENGER-
MILES.—Of the amount apportioned under subsection (a)(2) of this 
section, 66.71 percent shall be apportioned as follows: 
(1) 90.8 percent of the total amount apportioned under 
this subsection shall be apportioned as follows: 
(A) 73.39 percent of the 90.8 percent apportioned under 
this paragraph shall be apportioned so that each urbanized 
area with a population of at least 1,000,000 is entitled 
to receive an amount equal to— 
(i) 50 percent of the 73.39 percent apportioned 
under this subparagraph multiplied by a ratio equal 
to the total bus revenue vehicle-miles operated in or 
directly serving the urbanized area divided by the total 
bus revenue vehicle-miles attributable to all areas; 
(ii) 25 percent of the 73.39 percent apportioned 
under this subparagraph multiplied by a ratio equal 
to the population of the area divided by the total popu-
lation of all areas, as shown by the latest Government 
5i ; 
census; and 
108 STAT. 842 
PUBLIC LAW 103-272—JULY 5, 1994 
(iii) 25 percent of the 73.39 percent apportioned 
under this subparagraph multiplied by a ratio for the 
area based on population weighted by a factor, estab-
lished by the Secretary of Transportation, of the num-
ber of inhabitants in each square mile. 
(B) 26.61 percent of the 90.8 percent apportioned under 
this paragraph shall be apportioned so that each urbanized 
area with a population of at least 200,000 but not more 
than 999,999 is entitled to receive an amount equal to— 
(i) 50 percent of the 26.61 percent apportioned 
under this subparagraph multiplied by a ratio equal 
to the total bus revenue vehicle-miles operated in or 
directly serving the urbanized area divided by the total 
bus revenue vehicle-miles attributable to all areas; 
(ii) 25 percent of the 26.61 percent apportioned 
under this subparagraph multiplied by a ratio equal 
to the population of the area divided by the total popu-
lation of all areas, as shown by the latest Government 
census; and 
(iii) 25 percent of the 26.61 percent apportioned 
under this subparagraph multiplied by a ratio for the 
area based on population weighted by a factor, estab-
lished by the Secretary of Transportation, of the num-
ber of inhabitants in each square mile. 
(2) 9.2 percent of the total amount apportioned under this 
subsection shall be apportioned so that each urbanized area 
with a population of at least 200,000 is entitled to receive 
an amount equal to— 
(A) the number of bus passenger-miles traveled multi-
plied by the number of bus passenger-miles traveled for 
each dollar of operating cost in an area; divided by 
(B) the total number of bus passenger-miles traveled 
multiplied by the total number of bus passenger-miles trav-
eled for each dollar of operating cost in all areas. 
(d) OPERATING ASSISTANCE.—(1) The total amount apportioned 
under this section that may be used for operating assistance may 
not be more than— 
(A) 80 percent of the total amount apportioned in the 
fiscal year ending September 30, 1982, under section 5(a)(1)(A), 
(2)(A), and (3)(A) of the Urban Mass Transportation Act of 
1964 to urbanized areas with populations of at least 1,000,000; 
(B) 90 percent of the total amount apportioned in that 
year under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized 
areas with populations of at least 200,000 but not more than 
999,999; 
(C) 95 percent of the total amount apportioned in that 
year under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized 
areas with populations of less than 200,000; or 
(D) two-thirds of the total amount apportioned under this 
section during the first complete year an urbanized area 
received amounts under this section if the area first became 
an urbanized area under the 1980 Government census or later. 
(2) Amounts apportioned under paragraph (1) of this subsection 
shall be increased on October 1 of each year by an amount equal 
to the amount applicable to each urbanized area under paragraph 
(1) (except increases under this paragraph), multiplied by the 
percentage increase in the Consumer Price Index for all-urban 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 843 
consumers published by the Secretary of Labor during the most 
recent calendar year. However, the increase may not be more than 
the percentage increase of amounts made available under section 
5338(f) of this title in the current fiscal year and amounts made 
available under section 5338(f) in the prior fiscal year. 
(e) DATE OF APPORTIONMENT.—^The Secretary of Transportation 
shall— 
(1) apportion amounts appropriated under section 5338(f) 
of this title to carry out section 5307 of this title not later 
than the 10th day sifter the date the amounts are appropriated 
or October 1 of the fiscal year for which the amounts are 
appropriated, whichever is later; and 
(2) publish apportionments of the amounts, including 
amounts attributable to each urbanized area with a population 
of more than 50,000 and amounts attributable to each State 
of a multistate urbanized area, on the apportionment date. 
(f) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS.— 
The chief executive officer of a State may expend in an urbanized 
area with a population of less than 200,000 an amount apportioned 
under this section that is not apportioned to a designated recipient 
as defined in section 5307(a) of this title. 
(g) TRANSFERS OF APPORTIONMENTS.—(1) The chief executive 
officer of a State may transfer any part of the State's apportionment 
under subsection (a)(1) of this section to supplement amounts appor-
tioned to the State under section 5311(c) of this title or amounts 
apportioned to urbanized areas under this subsection. The chief 
executive officer may make a transfer only after consulting with 
responsible local officials and publicly owned operators of mass 
transportation in each area for which the amount originally was 
apportioned under this section. 
(2) The chief executive officer of a State may transfer any 
part of the State's apportionment under section 5311(c) of this 
title to supplement amounts apportioned to the State under sub-
section (a)(1) of this section. 
(3) The chief executive officer of a State may use throughout 
the State amounts of a State's apportionment remaining available 
for obligation at the beginning of the 90-day period before the 
period of the availability of the amounts expires. 
(4) A designated recipient for an urbanized area with a popu-
lation of at least 200,000 may transfer a part of its apportionment 
under this section to the chief executive officer of a State. The 
chief executive officer shall distribute the transferred amounts to 
urbanized areas under this section. 
(5) Capital and operating assistance limitations applicable to 
the original apportionment apply to amounts transferred under 
this subsection. 
(h) CHANGES OF APPORTIONMENTS.—If sufficient amounts are 
available, the Secretary of Transportation shall change apportion-
ments under this section between the Mass Transit Account of 
the Highway Trust Fund and the general fund to ensure that 
each recipient receives from the general fund at least as much 
operating assistance made available each fiscal year under this 
section as the recipient is eligible to receive. 
(i) PERIOD OF AVAILABILITY TO RECiPiENTS.^An amount appor-
tioned under this section may be obligated by the recipient for 
3 years after the fiscal year in which the amount is apportioned. 
Not later than 30 days after the end of the 3-year period, an 
108 STAT. 844 
PUBLIC LAW 103-272—JULY 5, 1994 
amount that is not obligated at the end of that period shall be 
added to the amount that may be apportioned under this section 
in the next fiscal year. 
(j) APPLICATION OF OTHER SECTIONS.—Sections 5302, 5318, 
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this 
section and to a grant made under this section. Except as provided 
in this section, no other provision of this chapter applies to this 
section or to a grant made under this section. 
(k) CERTAIN URBANIZED AREAS GRANDFATHERED.—^An area des-
ignated an urbanized area under the 1980 census and not des-
ignated an urbanized area under the 1990 census for the fiscal 
year ending September 30, 1993, is eligible to receive— 
(1) 50 percent of the amount the area would have received 
if the area had been an urbanized area as defined by section 
5302(a)(13) of this title; and 
(2) an amount equal to 50 percent of the amount that 
the State in which the area is located would have received 
if the area had been an area other than an urbanized area. 
§ 5337. Apportionment of appropriations for fixed guideway 
modernization 
(a) PERCENTAGE DISTRIBUTION.—^The Secretary of Transpor-
tation shall apportion amounts made available for fixed guideway 
modernization under section 5309 of this title for each of the fiscal 
years ending September 30, 1993-1997, as follows: 
(1) The first $455,000,000 shall be apportioned in the fol-
lowing urbanized areas as follows: 
(A) Baltimore, 1.84 percent. 
(B) Boston, 8.56 percent. 
(C) Chicago/Northwestern Indiana, 17.18 percent. 
(D) Cleveland, 2.09 percent. 
(E) New York, 35.57 percent. 
(F) Northeastern New Jersey, 9.04 percent. 
(G) Philadelphia/Southern New Jersey, 12.41 percent. 
(H) San Francisco, 7.21 percent. 
(I) Southwestern Connecticut, 6.10 percent. 
(2) The next $42,700,000 shall be apportioned in the follow-
ing urbanized areas as follows: 
- 
(A) New York, 33.2341 percent. 
(B) Northeastern New Jersey, 22.1842 percent. 
(C) Philadelphia/Southern New Jersey, 5.7594 percent. 
(D) San Francisco, 2.7730 percent. 
(E) Pittsburgh, 31.9964 percent. 
(F) New Orleans, 4.0529 percent. 
5 
(3) The next $70,000,000 shall be apportioned as follows: 
(A) 50 percent in the urbanized areas listed in para-
graphs (1) and (2) as provided in section 5336(b)(2)(A) 
^ 
of this title. 
(B) 50 percent in other urbanized areas eligible for 
assistance under section 5336(b)(2)(A) of this title if the 
areas contain fixed guideway systems placed in revenue 
service at least 7 years before the fiscal year in which 
amounts are made available and in any other urbanized 
area if, before the first day of the fiscal year, the area 
satisfies the Secretary that the area has modernization 
needs that cannot be met adequately with amounts received 
as provided in section 5336(b)(2)(A). 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 845 
(4) Remaining amounts shall be apportioned in each urban-
ized area eligible for assistance under paragraphs (l)-(3) of 
this subsection as provided in section 5336(B)(2)(A). 
(b) TOTAL AMOUNTS NOT AVAILABLE.—In a fiscal year in which 
the total amounts authorized under subsection (a)(1) and (2) of 
this section are not available, the Secretary shall reduce on a 
proportionate basis the apportionments of all urbanized areas 
eligible under subsection (a)(1) or (2) to adjust for the amount 
not available. 
(c) NEW JERSEY TR/^SIT CORPORATION.—Rail modernization 
amounts allocated to the New Jersey Transit Corporation under 
this section may be spent in any urbanized area in which the 
New Jersey Transit Corporation operates rail transportation, 
regardless of which urbanized area generates the financing. 
(d) AVAILABILITY OF AMOUNTS.—^An amount apportioned under 
this section— 
(1) remains available for 3 years after the fiscal year in 
which the amount is apportioned; and 
(2) that is unobligated at the end of the 3-year period 
shall be reapportioned for the next fiscal year among urbanized 
areas eligible under subsection (a)(l)-(3) of this section using 
the apportionment formula of this section. 
§5338. Authorizations 
(a) FOR SECTIONS 5303-5306, 5308, 5310, 5311, 5313, 5314, 
5317, 5320, 5327, AND 5334(a) and (c) AND SECTION 103(e)(4) OF 
TITLE 23.—-(1) Not more than the following amounts are available 
from the Mass Transit Account of the Highway Trust Fund for 
the Secretary of Transportation to carry out sections 5303-5306, 
5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and 
(c) of this title: 
(A) $1,150,000,000 for the fiscal year ending September 
30, 1993. 
(B) $1,190,000,000 for the fiscal year ending September 
30, 1994. 
(C) $1,150,000,000 for the fiscal year ending September 
30, 1995. 
(D) $1,110,000,000 for the fiscal year ending September 
30, 1996. 
(E) $1,920,000,000 for the fiscal year ending September 
30, 1997. 
(2) In addition to amounts made available under paragraph 
(1) of this subsection, not more than the following amounts may 
be appropriated to the Secretary to carry out sections 5303-5306, 
5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and 
(c) of this title and substitute transit projects under section 103(e)(4) 
of title 23: 
(A) $2,055,000,000 for the fiscal year ending September 
30, 1993. 
(B) $1,885,000,000 for the fiscal year ending September 
30, 1994. 
(C) $1,925,000,000 for the fiscal year ending September 
30, 1995. 
(D) $1,965,000,000 for the fiscal year ending September 
30, 1996. 
(E) $2,430,000,000 for the fiscal year ending September 
30, 1997. 
79-194 O—95—5 : QL 3 Part 2 
108 STAT. 846 
PUBLIC LAW 103-272—JULY 5, 1994 
(b) SECTION 5309.—(1) Not more than the following amounts 
are available from the Account for the Secretary to carry out section 
5309 of this title: 
(A) $1,725,000,000 for the fiscal year ending September 
30, 1993. 
(B) $1,785,000,000 for the fiscal year ending September 
30, 1994. 
(C) $1,725,000,000 for the fiscal year ending September 
30, 1995. 
(D) $1,665,000,000 for the fiscal year ending September 
30, 1996. 
(E) $2,880,000,000 for the fiscal year ending September 
30, 1997. 
(2) In addition to amounts made available unaer paragraph 
(1) of this subsection, not more than the following amounts may 
be appropriated to the Secretary to carry out section 5309 of this 
title: 
(A) $305,000,000 for the fiscal year ending September 30, 
1993 
(B) $265,000,000 for the fiscal year ending September 30, 
1994. 
(C) $325,000,000 for the fiscal year ending September 30, 
1995 
(b) $385,000,000 for the fiscal year ending September 30, 
1996. 
(E) $20,000,000 for the fiscal year ending September 30, 
1997. 
(c) SECTION 5315.—The Secretary shall make available in equal 
amounts from amounts provided under subsections (f) and (g) of 
this section not more than $3,000,000 for each of the fiscal years 
ending September 30, 1993-1997, to carry out section 5315 of 
this title. 
(d) SECTION 5316.—Not more than the following amounts may 
be appropriated to the Secretary from the Fund (except the Account) 
for each of the fiscal years ending September 30, 1993-1997: 
(1) $250,000 to carry out section 5316(a) of this title. 
(2) $3,000,000 to carry out section 5316(b) of this title. 
(3) $1,000,000 to carry out section 5316(c) of this title. 
(4) $1,000,000 to carry out section 5316(d) of this title. 
(5) $1,000,000 to carry out section 5316(e) of this title. 
(e) SECTION 5317.—(1) Not more than $6,000,000 is available 
from the Fund (except the Account) for the Secretary for each 
of the fiscal years ending September 30, 1993-1997, to carry out 
section 5317 of this title. 
(2) Not more than the following amounts may be appropriated 
to the Secretary from the Fund (except the Account) for making 
grants under section 5317(b)(5)(B) of this title: 
(A) $3,000,000 for the fiscal year ending September 30, 
1993. 
(B) $2,500,000 for the fiscal year ending September 30, 
1994. 
(f) SECTION 5307.—^Amounts remaining available each fiscal 
year under subsection (a)(1) of this section, after allocation under 
subsections (g)-(i) and (j)(4) of this section, are available under 
section 5307 of this title. 
(g) PLANNING, PROGRAMMING, AND RESEARCH.—Before appor-
tioning in each fiscal year amounts made available or appropriated 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 847 
under subsection (a) of this section, an amount equal to 3 percent 
of amounts made available or appropriated under subsections (a) 
and (b) of this section is available as follows: 
(1) 45 percent for metropolitan planning activities under 
section 5303(g) of this title. 
(2) 5 percent to carry out section 5308(b)(2) of this title. 
(3) 20 percent to carry out State programs under section 
5313 of this title. 
(4) 30 percent to carry out the national program under 
section 5314 of this title. 
(h) OTHER SET-ASIDES.—Before apportioning in each fiscal year 
amounts made available or appropriated under subsection (a) of 
this section, of amounts made available or appropriated under 
subsections (a) and (b) of this section— 
(1) not more than .96 percent is available for administrative 
expenses to carry out section 5334(a) and (c)-(f) of this title; 
(2) not more than 1.34 percent is available for transpor-
tation services to elderly individuals and individuals with 
disabilities under the formula under section 5310(a) of this 
title; and 
(3) $7,000,000 is available for section 5317 for each of 
the fiscal years ending September 30, 1993-1997. 
(i) COMPLETING INTERSTATE TRANSFER TRANSIT PROJECTS.— 
Of the amounts remaining available each year under subsections 
(a) and (b) of this section, after allocation under subsections (g) 
and (h) of this section, not more than $164,843,000 for the fiscal 
year ending September 30, 1993, is available for substitute transit 
projects under section 103(e)(4) of title 23. 
(j) LIMITATIONS.—Of the amounts available— 
(1) under subsection (a)(2) of this section, 3.5 percent is 
available to finance programs and activities, including adminis-
trative costs, under section 5310 of this title; 
(2) 1.5 percent of the amounts available to finance research, 
development, and demonstration projects under section 5312(a) 
of this title is available to increase the information and tech-
nology available to provide improved mass transportation serv-
ice and facilities planned and designed to meet the special 
needs of elderly individuals and individuals with disabilities; 
(3) not more than 12.5 percent is available for grants 
to any one State under section 5312(c)(2) of this title; 
(4) 5.5 percent of the amount remaining available each 
year under subsection (a)(1) of this section, after allocation 
under subsections (g)-(i) of this section, is available under 
the formula under section 5311 of this title; and 
(5) under section 5309(m)(l)(C) of this title— 
(A) $2,000,000 is available for the fiscal year ending 
September 30, 1993; 
(B) the lesser of $2,000,000 or an amount the Secretary 
determines is necessary for each fiscal year is available 
for each of the fiscal years ending September 30, 1994-
1996; and 
(C) the lesser of $3,000,000 or an amount the Secretary 
determines is necessary is available for the fiscal year 
ending September 30, 1997. 
(k) GRANTS AS CONTRACTUAL OBLIGATIONS.—(1) A grant or 
contract approved by the Secretary, that is financed with amounts 
made available under subsection (a)(1), (b)(1), (c), or (e) of this 
108 STAT. 848 
PUBLIC LAW 103-272—JULY 5, 1994 
section, is a contractual obligation of the United States Government 
to pay the Government's share of the cost of the project. 
(2) A grant or contract, approved by the Secretary, that is 
financed with amounts made available under subsection (a)(2) or 
(b)(2) of this section, is a contractual obligation of the Government 
to pay the Government's share of the cost of the project only 
to the extent amounts are provided in advance in an appropriations 
law. 
(1) EARLY APPROPRIATIONS AND AVAILABILITY OF AMOUNTS.— 
(1) Amounts appropriated under subsection (a)(2) of this section 
to carry out section 5311 of this title may be appropriated in 
the fiscal year before the fiscal year in which the appropriation 
is available for obligation. 
(2) Amounts made available or appropriated under subsections 
(a), (b), (g), (h)(1) and (2), and (j)(4) of this section remain available 
until expended. 
(3) An amount apportioned under section 5308 of this title— 
(A) remains available for 3 years after the fiscal year 
in which the amount is apportioned; and 
(B) that is unobligated at the end of the 3-year period 
shall be added to the amount available for apportionment for 
the next fiscal year not later than 30 days after the end of 
the 3-year period. 
CHAPTER 55—INTERMODAL TRANSPORTATION 
SUBCHAPTER I—GENERAL 
Sec. 
5501. 
National Intermodal Transportation System policy. 
5502. Intermodal Transportation Advisory Board. 
5503. Office of Intermoaalism. 
5504. Model Intermodal transportation plans. 
SUBCHAPTER II—TERMINALS 
5561. 
Definition. 
5562. Assistance projects. 
5563. Conversion of certain rail passenger terminals. 
5564. Interim preservation of certain r£l passenger terminals. 
5565. Encouraging the development of plans for converting certain rail passenger 
terminals. 
5566. Records and audits. 
5567. Preference for preserving buildings of historic or architectural significance. 
5568. Authorization of appropnations. 
SUBCHAPTER I—GENERAL 
§ 5501. National Intermodal Transportation System policy 
(a) GENERAL.—It is the policy of the United States Government 
to develop a National Intermodal Transportation System that is 
economically efficient and environmentally sound, provides the 
foundation for the United States to compete in the global economy, 
and will move individuals and property in an energy efficient way. 
(b) SYSTEM CHARACTERISTICS.—(1) The National Intermodal 
Transportation System shall consist of all forms of transportation 
in a unified, interconnected manner, including the transportation 
systems of the future, to reduce energy consumption and air pollu-
tion while promoting economic development and supporting the 
United States' preeminent position in international commerce. 
(2) The National Intermodal Transportation System shall 
include a National Highway System consisting of the Dwight D. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 849 
Eisenhower System of Interstate and Defense Highways and those 
principal arterial roads that are essential for interstate and regional 
commerce and travel, national defense, intermodal transfer facili-
ties, and international commerce and border crossings. 
(3) The National Intermodal Transportation System shall 
include significant improvements in public transportation necessary 
to achieve national goals for improved air quality, energy conserva-
tion, international competitiveness, and mobility for elderly individ-
uals, individuals with disabilities, and economically disadvantaged 
individuals in urban and rural areas of the United States. 
(4) The National Intermodal Transportation System shall pro-
vide improved access to ports and airports, the Nation's link to 
commerce. 
(5) The National Intermodal Transportation System shall give 
special emphasis to the contributions of the transportation sectors 
to increased productivity growth. Social benefits must be considered 
with particular attention to the external benefits of reduced air 
pollution, reduced traffic congestion, and other aspects of the quality 
of life in the United States. 
(6) The National Intermodal Transportation System must be 
operated and maintained with insistent attention to the concepts 
of innovation, competition, energy efficiency, productivity, growth, 
and accountability. Practices that resulted in the lengthy and overly 
costly construction of the Dwight D. Eisenhower System of Inter-
state and Defense Highways must be confronted and stopped. 
(7) The National Intermodal Transportation System shall be 
adapted to "intelligent vehicles", "magnetic levitation systems", and 
other new technologies, wherever feasible and economical, with 
benefit cost estimates given special emphasis on safety consider-
ations and techniques for cost allocation. 
(8) When appropriate, the National Intermodal Transportation 
System will be financed, as regards Government apportionments 
and reimbursements, by the Highway Trust Fund. Financial assist-
ance will be provided to State and local governments and their 
instrumentalities to help carry out national goals related to mobility 
for elderly individuals, individuals with disabilities, and economi-
cally disadvantaged individuals. 
(9) The National Intermodal Transportation System must be 
the centerpiece of a national investment commitment to create 
the new wealth of the United States for the 21st century. 
(c) DISTRIBUTION AND POSTING.—The Secretary of Transpor-
tation shall distribute copies of the policy in subsections (a) and 
(b) of this section to each employee of the Department of Transpor-
tation and ensure that the policy is posted in all offices of the 
Department. 
§ 5502. Intermodal Transportation Advisory Board 
(a) ORGANIZATION.—The Intermodal Transportation Advisory 
Board is a board in the Office of the Secretary of Transportation. 
(b) MEMBERSHIP.—The Board consists of the Secretary, who 
serves as chairman, and the Administrator, or the Administrator's 
designee, of— 
(1) the Federal Highway Administration; 
(2) the Federal Aviation Administration; 
(3) the Maritime Administration; 
(4) the Federal Railroad Administration; and 
(5) the Federal Transit Administration. 
108 STAT. 850 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) PUTIES AND POWERS.—The Board shall provide recommenda-
tions for carrying out the duties of the Secretary described in 
section 301(3) of this title. 
§ 5503. Office of Intermodalism 
(a) ESTABLISHMENT.—^The Secretary of Transportation shall 
establish in the Office of the Secretary an Office of Intermodalism. 
(b) DIRECTOR.—The head of the Office is a Director who shall 
be appointed by the Secretary, 
(c) DUTIES AND POWERS.—The Director shall carry out the 
duties of the Secretary described in section 301(3) of this title. 
(d) INTERMODAL TRANSPORTATION DATA BASE.—<1) The Director 
shall develop, maintain, and disseminate intermodal transportation 
data through the Bureau of Transportation Statistics. The Director 
shall coordinate the collection of data for the data base with the 
States and metropolitan planning organizations. The data base 
shall include information on— 
(A) the volume of property and number of individuals car-
ried in intermodal transportation by relevant classification; 
(B) patterns of movement of property and individuals in 
intermodal transportation by relevant classification by origin 
and destination; and 
(C) public and private investment in intermodal transpor-
tation facilities and services. 
(2) The Director shall make information from the data base 
available to the public. 
(e) RESEARCH.—The Director shall— 
(1) coordinate United States Government research on inter-
modal transportation as provided in the plan developed under 
section 6009(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (Public Law 102-240, 105 Stat. 2177); and 
(2) carry out additional research needs identified by the 
Director. 
(f) TECHNICAL ASSISTANCE.—The Director shall provide tech-
nical assistance to States and to metropolitan planning organiza-
tions for urban areas having a population of at least 1,000,000 
in collecting data related to intermodal transportation to facilitate 
the collection of the data by States and metropolitan planning 
organizations. 
(g) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Director 
shall provide administrative and clerical support to the Intermodal 
Transportation Advisory Board. 
§ 5504. Model intermodal transportation plans 
(a) GRANTS.—^The Secretary of Transportation shall make 
grants to States to develop model State intermodal transportation 
plans that are consistent with the policy set forth in section 302(e) 
of this title. The model plans shall include systems for collecting 
data related to intermodal transportation. 
Grants. 
(b) DISTRIBUTION.—^The Secretary shall award grants to States 
under this section that represent a variety of geographic regions 
and transportation needs, patterns, and modes. 
(c) PLAN SUBMISSION.—As a condition to a State receiving a 
grant under this section, the Secretary shall require that the State 
provide assurances that the State will submit to the Secretary 
a State intermodal transportation plan not later than 18 months 
after the date of receipt of the grant. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 851 
(d) 
GRANT AMOUNTS.—^The Secretary shall reserve, from 
amounts deducted under section 104(a) of title 23, $3,000,000 to 
make grants under this section. The total amount that a State 
may receive in grants under this section may not be more than 
$500,000. 
SUBCHAPTER II—TERMINALS 
§5561. Definition 
In this chapter, "civic and cultural activities" includes libraries, 
musical and dramatic presentations, art exhibits, adult education 
programs, public meeting places, and other facilities for carrying 
on an activity any part of which is supported under a law of 
the United States. 
§ 5562. Assistance projects 
(a) REQUIREMENTS To PROVIDE ASSISTANCE.—The Secretary 
of Transportation shall provide financial, technical, and advisory 
assistance under this chapter to— 
(1) promote, on a feasibility demonstration basis, the 
conversion of at least 3 rail passenger terminals into intermodal 
transportation terminals; 
(2) preserve rail passenger terminals that reasonably are 
likely to be converted or maintained pending preparation of 
( 
plans for their reuse; 
(3) acquire and use space in suitable buildings of historic 
or architectural significance but only if use of the space is 
feasible and prudent when comparied to available alternatives; 
and 
(4) encourage State and local governments, local and 
regional transportation authorities, common carriers, philan-
thropic organizations, and other responsible persons to develop 
plans to convert rail passenger terminals into intermodal 
transportation terminals and civic and cultural activity centers. 
(b) EFFECT ON ELIGIBILITY.—This chapter does not affect the 
eligibility of any rail passenger terminal for preservation or reuse 
assistance under another program or law. 
(c) ACQUIRING SPACE.—The Secretary may acquire space under 
subsection (a)(3) of this section only after consulting with the 
Advisory Council on Historic Preservation and the Chairman of 
the National Endowment for the Arts. 
§ 5563. Conversion of certain rail passenger terminals 
(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of 
Transportation may provide financial assistance to convert a rail 
passenger terminal to an intermodal transportation terminal under 
section 5562(a)( 1) of this title only if— 
(1) the terminal can be converted to accommodate other 
modes of transportation the Secretary of Transportation decides 
are appropriate, including— 
(A) motorbus transportation; 
(B) mass transit (rail or rubber tire); and 
(C) airline ticket offices and passenger terminals 
providing direct transportation to area airports; 
(2) the terminal is listed on the National Register of His-
toric Places maintained by the Secretary of the Interior; 
108 STAT. 852 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) the architectural integrity of the terminal will be pre-
served; 
(4) to the extent practicable, the use of the terminal facili-
ties for transportation may be combined with use of those 
facilities for other civic and cultural activities, especially when 
another activity is recommended by— 
(A) the Advisory Council on Historic Preservation; 
(B) the Chairman of the National Endowment for the 
Arts; or 
(C) consultants retained under subsection (b) of this 
section; £ind 
(5) the terminal and the conversion project meet other 
criteria prescribed by the Secretary of Transportation after 
^ 
consultation with the Council and Chairman. 
(b) ARCHITECTURAL iNTEGRiTY.^The Secretary of Transpor-
tation must employ consultants on whether the architectural integ-
rity of the rail passenger terminal will be preserved under sub-
section (a)(3) of this section. The Secretary may decide that the 
architectural integrity will be preserved only if the consultants 
concur. The Council and Chairman shall recommend consultants 
to be employed by the Secretary. The consultants also may make 
recommendations referred to in subsection (a)(4) of this section. 
(c) 
GOVERNMENT'S 
SHARE 
OF COSTS.—The 
Secretary 
of 
Transportation may not make a grant under this section for more 
than 80 percent of the total cost of converting a rail passenger 
terminal into an intermodal transportation terminal. 
§ 5564. Interim preservation of certain rail passenger termi-
nals 
(a) GENERAL GRANT AUTHORITY.—Subject to subsection (b) of 
this section, the Secretary of Transportation may make a grant 
of financial assistance to a responsible person (including a govern-
mental authority) to preserve a rail passenger terminal under sec-
tion 5562(a)(2) of this title. To receive assistance under this section, 
the person must be qualified, prepared, committed, and authorized 
by law to maintain (and prevent the demolition, dismantling, or 
further deterioration of) the terminal until plans for its reuse are 
prepared. 
(b) GRANT REQUIREMENTS.—The Secretary of Transportation 
may make a grant of financial assistance under this section only 
if— 
(1) the Secretary decides the rail passenger terminal has 
a reasonable likelihood of being converted to, or conditioned 
for reuse as, an intermodal transportation terminal, a civic 
or cultural activities center, or both; and 
(2) planning activity directed toward conversion or reuse 
has begun and is proceeding in a competent way. 
(c) MAXIMIZING PRESERVATION OF TERMINALS.—(1) Amounts 
appropriated to carry out this section and section 5562(a)(2) of 
this title shall be expended in the way most likely to maximize 
the preservation of rail passenger terminals that are— 
(A) reasonably 
capable of conversion to intermodal 
transportation terminals; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 853 
(B) listed in the National Register of Historic Places main-
tained by the Secretary of the Interior; or 
(C) recommended (on the basis of architectural integrity 
and quality) by the Advisory Council on Historic Preservation 
or the Chairman of the National Endowment for the Arts. 
(2) The Secretary of Transportation may not make a grant 
under this section for more than 80 percent of the total cost of 
maintaining the terminal for an interim period of not more than 
5 years. 
§ 5565. Encouraging the development of plans for converting 
rail passenger terminals 
(a) GENERAL GRANI^ AUTHORiTY.^The Secretary of Transpor-
tation may make a grant of financial assistance to a qualified 
person (including a governmental authority) to encourage the devel-
opment of plans for converting a rail passenger terminal under 
section 5562(a)(4) of this title. To receive assistance under this 
section, the person must— 
(1) be prepared to develop practicable plans that meet 
zoning, land use, and other requirements of the applicable 
State and local jurisdictions in which the terminal is located; 
(2) incorporate into the designs and plans proposed for 
converting the terminal, features that reasonably appear likely 
to attract private investors willing to carry out the planned 
conversion and its subsequent maintenance and operation; and 
(3) complete the designs and plans for the conversion within 
the period of time prescribed by the Secretary. 
(b) PREFERENCE.—In making a grant under this section, the 
Secretary of Transportation shall give preferential consideration 
to an applicant whose completed designs and plans will be carried 
out within 3 years Eifter their completion. 
(c) MAXIMIZING CONVERSION AND CONTINUED PUBLIC USE.— 
(1) Amounts appropriated to carry out this section and section 
5562(a)(4) of this title shsdl be expended in the way most likely 
to maximize the conversion and continued public use of rail pas-
senger terminals that are— 
(A) listed in the National Register of Historic Places main-
tained by the Secretary of the Interior; or 
(B) recommended (on the basis of architectural integrity 
and quality) by the Advisory Council on Historic Preservation 
or the Chairman of the National Endowment for the Arts. 
(2) The Secretary of Transportation may not make a grant 
under this section for more than 80 percent of the total cost of 
the project for which the financial assistance is provided. 
§ 5566. Records and audits 
(a) RECORD REQUIREMENTS.—^Each recipient of financial assist-
ance under this chapter shall keep records required by the Secretary 
of Transportation. The records shall disclose— 
(1) the amount, and disposition by the recipient, of the 
proceeds of the assistance; 
(2) the total cost of the project for which the assistance 
was given or used; 
(3) the amount of that part of the cost of the project 
supplied by other sources; and 
108 STAT. 854 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) any other records that will make an effective audit 
easier. 
(b) AUDITS AND INSPECTIONS.—For 3 years after a project is 
completed, the Secretary and the Comptroller Greneral may audit 
and inspect records of a recipient that the Secretary or Comptroller 
General decides may be related or pertinent to the financial assist-
ance. 
§5567. Preference for preserving buildings of historic or 
architectural signiHcance 
Amtrak shall give preference to the use of rail passenger termi-
nal facilities that will preserve buildings of historic or architectural 
significance. 
§5568. Authorization of appropriations 
(a) GENERAL.—The following amounts may be appropriated to 
the Secretary of Transportation: 
(1) not more than $15,000,000 to carry out section 
5562(a)(1) and (3) of this title. 
(2) not more than $2,500,000 to carry out section 5562(a)(2) 
of this title. 
(3) not more than $2,500,000 to carry out section 5562(a)(4) 
of this title. 
(b) AVAILABILITY OF AMOUNTS.—^Amounts appropriated to carry 
out this chapter remain available until expended. 
CHAPTER 57—SANITARY FOOD TRANSPORTATION 
Sec. 
5701. 
Findings. 
5702. Definitions. 
5703. General regulation. 
5704. Tank trucks, rail tank cars, and cargo tanks. 
5705. Motor and rail transportation of nonfood products. 
5706. Dedicated vehicles. 
5707. Waiver authority. 
5708. Food transportation inspections. 
5709. Consultation. 
5710. 
Administrative. 
5711. 
Enforcement and penalties. 
5712. 
Relationship to other laws. 
5713. 
Application of sections 5711 and 5712. 
5714. 
Coordination procedures. 
§5701. Findings 
Congress finds that— 
(1) the United States public is entitled to receive food 
and other consumer products that are not made unsafe because 
of certain transportation practices; 
(2) the United States public is threatened by the transpor-
tation of products potentially harmful to consumers in motor 
vehicles and rail vehicles that are used to transport food and 
other consumer products; and 
(3) the risks to consumers by those transportation practices 
are unnecessary and those practices must be ended. 
§5702. Definitions 
In this chapter— 
(1) "cosmetic", "device", "drug", "food", and "food additive" 
have the same meanings given those terms in section 201 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 855 
(2) "nonfood product" means (individually or by class) a 
material, substance, or product that is not a cosmetic, device, 
drug, food, or food additive, or is deemed a nonfood product 
under section o703(a)(2) of this title, including refuse and solid 
waste (as defined in section 1004 of the Solid Waste Disposal 
Act (42 U.S.C. 6903)). 
(3) "refuse" means discarded material that is, or is required 
by law, to be transported to or disposed of in a landfill or 
incinerator. 
(4) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Northern Mariana Islands, the 
Virgin Islands, American Samoa, Guam, and any other territory 
or possession of the United States. 
(5) "transports" and "transportation" mean any movement 
of property in commerce (including intrastate commerce) by 
motor vehicle or rail vehicle. 
(6) "United States" means all of the States. 
§ 5703. General regulation 
(a) GENERAL REQUIREMENTS.—(1) Not later than July 31, 1991, 
the Secretary of Transportation, after consultation required by sec-
tion 5709 of this title, shall prescribe regulations on the transpor-
tation of cosmetics, devices, drugs, food, and food additives in motor 
vehicles and rail vehicles that are used to transport nonfood prod-
ucts that would make the cosmetics, devices, drugs, food, or food 
additives unsafe to humans or animals. 
(2) The Secretary shall deem a cosmetic, device, or drug to 
be a nonfood product if— 
(A) the cosmetic, device, or drug is transported in a motor 
vehicle or rail vehicle before, or at the same time as, a food 
or food additive; and 
(B) transportation of the cosmetic, device, or drug would 
make the food or food additive unsafe to humans or animals. 
(b) SPECIAL REQUIREMENTS.—In prescribing regulations under 
subsection (a)(1) of this section, the Secretary, after consultation 
required by section 5709 of this title, shall establish requirements 
for appropriate— 
(1) recordkeeping, identification, marking, certification, or Records, 
other means of verification to comply with sections 5704-5706 
of this title; 
(2) decontamination, removal, disposal, and isolation to 
comply with regulations carrying out sections 5704 and 5705 
of this title; and 
(3) material for the construction of tank trucks, rail tank 
cars, cargo tanks, and accessory equipment to comply with 
regulations carrying out section 5704 of this title. 
(c) 
CONSIDERATIONS AND 
ADDITIONAL 
REQUIREMENTS.—In 
prescribing regulations under subsection (a)(1) of this section, the 
Secretary, after consultation required by section 5709 of this title, 
shall consider, and m£iy establish requirements related to, each 
of the following: 
(1) the extent to which packaging or similar means of 
protecting and isolating commodities are adequate to eliminate 
or ameliorate the potential risks of transporting cosmetics, 
devices, drugs, food, or food additives in motor vehicles or 
rail vehicles used to transport nonfood products. 
108 STAT. 856 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) appropriate compliance and enforcement measures to 
carry out this chapter. 
(3) appropriate minimum insurance or other liability 
requirements for a person to whom this chapter applies. 
(d) PACKAGES MEETING PACKAGING STANDARDS.—If the Sec-
retary finds packaging standards to be adequate, regulations under 
subsection (a)(1) of this section may not apply to cosmetics, devices, 
drugs, food, food additives, or nonfood products packaged in pack-
ages that meet the standards. 
§ 5704. Tank trucks, rail tank cars, and cargo tanks 
(a) PROHIBITIONS.—The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a person 
from— 
(1) using, offering for use, or arranging for the use of 
a tank truck, rail tank car, or cargo tank used in motor vehicle 
or rail transportation of cosmetics, devices, drugs, food, or food 
additives if the tank truck, rail tank car, or cargo tank is 
used to transport a nonfood product, except a nonfood product 
included in a list published under subsection (b) of this section; 
(2) using, offering for use, or arranging for the use of 
a tank truck or cargo tank to provide motor vehicle transpor-
tation of cosmetics, devices, drugs, food, food additives, or 
nonfood products included in the list published under subsection 
(b) of this section unless the tank truck or cargo tank is identi-
fied, by a permanent marking on the tank truck or cargo 
tank, as transporting only cosmetics, devices, drugs, food, food 
additives, or nonfood products included in the list; 
(3) using, offering for use, or arranging for the use of 
a tank truck or cargo tank to provide motor vehicle transpor-
tation of a nonfood product that is not included in the list 
published under subsection (b) of this section if the tank truck 
or cargo tank is identified, as provided in clause (2) of this 
subsection, as a tank truck or cargo tank transporting only 
cosmetics, devices, drugs, food, food additives, or nonfood prod-
ucts included in the list; or 
(4) receiving, except for lawful disposal purposes, any cos-
metic, device, drug, food, food additive, or nonfood product 
that has been transported in a tank truck or cargo tank in 
violation of clause (2) or (3) of this subsection. 
Federal 
(b) LiST OF NONFOOD PRODUCTS NOT UNSAFE.^After COnsulta-
nnhlfratinn 
^^^^ required by section 5709 of this title, the Secretary of Transpor-
tation shall publish in the Federal Register a list of nonfood prod-
ucts the Secretary decides do not make cosmetics, devices, drugs, 
food, or food additives unsafe to humans or animals because of 
transportation of the nonfood products in a tank truck, rail tank 
car, or cargo tank used to transport cosmetics, devices, drugs, 
food, or food additives. The Secretary may amend the list periodi-
cally by publication in the Federal Register. 
(c) DISCLOSURE.—^A person that arranges for the use of a tank 
truck or cargo tank used in motor vehicle transportation for the 
transportation of a cosmetic, device, drug, food, food additive, or 
nonfood product shall disclose to the motor carrier or other appro-
priate person if the cosmetic, device, drug, food, food additive, 
or nonfood product being transported is to be used— 
(1) as, or in the preparation of, a food or food additive; 
or 
publication. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 857 
(2) as a nonfood product included in the list published 
under subsection (b) of this section. 
§5705. Motor and rail transportation of nonfood products 
(a) PROHIBITIONS.—The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a person 
from using, offering for use, or arranging for the use of a motor 
vehicle or rail vehicle (except a tank truck, rail tank car, or cargo 
tank described in section 5704 of this title) to transport cosmetics, 
devices, drugs, food, or food additives if the vehicle is used to 
transport nonfood products included in a list published under sub-
section (b) of this section. 
(b) LIST OF UNSAFE NONFOOD PRODUCTS.—(1) After consulta-
tion required by section 5709 of this title, the Secretary of Transpor-
tation shall publish in the Federal Register a list of nonfood prod-
ucts the Secretary decides would make cosmetics, devices, drugs, 
food, or food additives unsafe to humans or animals because of 
transportation of the nonfood products in a motor vehicle or rail 
vehicle used to transport cosmetics, devices, drugs, food, or food 
additives. The Secretary may amend the list periodically by publica-
tion in the Federal Register. 
(2) The list published under paragraph (1) of this subsection 
may not include cardboard, pallets, beverage containers, and other 
food packaging except to the extent the Secretary decides that 
the transportation of cardboard, pallets, beverage containers, or 
other food packaging in a motor vehicle or rail vehicle used to 
transport cosmetics, devices, drugs, food, or food additives would 
make the cosmetics, devices, drugs, food, or food additives unsafe 
to humans or animals. 
§ 5706. Dedicated vehicles 
(a) PROHIBITIONS.—The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a person 
from using, offering for use, or arranging for the use of a motor 
vehicle or rail vehicle to transport asbestos, in forms or quantities 
the Secretary of Transportation decides are necessary, or products 
that present an extreme danger to humans or animals, despite 
any decontamination, removal, disposal, packaging, or other isola-
tion procedures, unless the motor vehicle or rail vehicle is used 
only to transport one or more of the following: asbestos, those 
extremely dangerous products, or refuse. 
(b) LIST OF APPLICABLE PRODUCTS.—^After consultation required 
by section 5709 of this title, the Secretary shall publish in the 
Federal Register a list of the products to which this section applies. 
The Secretary may amend the list periodically by publication in 
the Federal Register. 
§5707. Waiver authority 
(a) GENERAL AUTHORITY.—^After consultation required by sec-
tion 5709 of this title, the Secretary of Transportation may waive 
any part of this chapter or regulations prescribed under this chapter 
for a class of persons, motor vehicles, rail vehicles, cosmetics, 
devices, drugs, food, food additives, or nonfood products, if the 
Secretary decides that the waiver— 
(1) would not result in the transportation of cosmetics, 
devices, drugs, food, or food additives that would be unsafe 
to humans or animals; and 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
108 STAT. 858 
PUBLIC LAW 103-272—JULY 5, 1994 
Federal 
Register, 
publication. 
(2) would not be contrary to the public interest and this 
chapter. 
(b) PUBLICATION OF WAIVERS.—The Secretary shall publish in 
the Federal Register any waiver and the reasons for the waiver. 
§ 5708. Food transportation inspections 
(a) GENERAL AUTHORITY.—For commercial motor vehicles, the 
Secretary of Transportation may carry out this chapter and assist 
in carrying out compatible State laws and regulations through 
means that include inspections conducted by State employees that 
are paid for with money authorized under section 31104 of this 
title, if the recipient State agrees to assist in the enforcement 
of this chapter or is enforcing compatible State laws and regulations. 
(b) PROVIDING ASSISTANCE.—On the request of the Secretary 
of Trar-sportation, the Secretaries of Agriculture and Health and 
Human Services, the Administrator of the Environmental Protection 
Agency, and the heads of other appropriate departments, agencies, 
and instrumentalities of the United States Government shall pro-
vide assistance, to the extent available, to the Secretary of Transpor-
tation to carry out this chapter, including assistance in the training 
of personnel under a program established under subsection (c) 
of this section. 
(c) TRAINING PROGRAM.—^After consultation required by section 
5709 of this title and consultation with the heads of appropriate 
State transportation and food safety authorities, the Secretary of 
Transportation shall develop and carry out a training program 
for inspectors to conduct vigorous enforcement of this chapter and 
regulations prescribed under this chapter or compatible State laws 
and regulations. As part of the training program, the inspectors, 
including State inspectors or personnel paid with money authorized 
under section 31104 of this title, shall be trained in the recognition 
of adulteration problems associated with the transportation of 
cosmetics, devices, drugs, food, and food additives and in the proce-
dures for obtaining assistance of the appropriate departments, agen-
cies, and instrumentalities of the Government and State authorities 
to support the enforcement. 
§5709. Consultation 
As provided by sections 5703-5708 of this title, the Secretary 
of Transportation shall consult with the Secretaries of Agriculture 
and Health and Human Services and the Administrator of the 
Environmental Protection Agency. 
§5710. Administrative 
The Secretary of Transportation has the same duties and pow-
ers in regulating transportation under this chapter as the Secretary 
has under section 5121(a)-(c) (except subsection (c)(1)(A)) of this 
title in regulating transportation under chapter 51 of this title. 
§ 5711. Enforcement and penalties 
(a) ACTIONS.—^The Secretary of Transportation shall request 
that a civil action be brought and take action to eliminate or 
ameliorate an imminent hazard related to a violation of a regulation 
prescribed or order issued under this chapter in the same way 
and to the same extent as authorized by section 5122 of this 
title. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 859 
(b) APPLICABLE PENALTIES AND PROCEDURES.—The penalties 
and procedures in sections 5123 and 5124 of this title apply to 
a violation of a regulation prescribed or order issued under this 
chapter. 
§ 5712. Relationship to other laws 
Section 5125 of this title applies to the relationship between 
this chapter and a requirement of a State, a political subdivision 
of a State, or an Indian tribe. 
§ 5713. Application of sections 5711 and 5712 
Sections 5711 and 5712 of this title apply only to transportation 
occurring on or after the date that regulations prescribed under 
section 5703(a)(1) of this title are effective. 
§ 5714. Coordination procedures 
Not later than November 3, 1991, the Secretary of Transpor-
tation, after consultation with appropriate State officials, shall 
establish procedures to promote more effective coordination between 
the departments, agencies, and instrumentalities of the United 
States Government and State authorities with regulatory authority 
over motor carrier safety and railroad safety in carrying out and 
enforcing this chapter. 
CHAPTER 59—INTERMODAL SAFE CONTAINER 
TRANSPORTATION 
Sec. 
5901. Definitions. 
5902. Notifications and certifications. 
5903. Prohibitions. 
5904. State enforcement. 
5905. Liens. 
5906. Perishable agricultural commodities. 
5907. Regulations and effective date. 
§5901. Definitions 
In this chapter— 
(1) the definitions in section 10102 of this title apply. 
(2) "beneficial owner" means a person noi having title 
to property but having ownership rights in the property, includ-
ing a trustee of property in transit from an overseas place 
of origin that is domiciled or doing business in the United 
States, except that a carrier, agent of a carrier, broker, customs 
broker, freight forwarder, warehouser, or terminal operator 
-
is not a beneficial owner only because of providing or arranging 
for any part of the intermodal transportation of property. 
(3) "carrier" means— 
(A) a motor carrier, water carrier, and rail carrier 
providing transportation of property in commerce; and 
(B) an ocean common carrier (as defined in section 
3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)) provid-
ing transportation of property in commerce. 
(4) "container" has the meaning given the term "freight 
container" by the International Standards Organization in 
Series 1, Freight Containers, 3d Edition (reference number 
IS0668-1979(E)), including successive revisions, and similar 
containers that are used in providing transportation in inter-
state commerce. 
108 STAT. 860 
PUBLIC LAW 103-272—JULY 5, 1994 
(5) "first carrier" means the first carrier transporting a 
loaded container or trailer in intermodal transportation. 
(6) "intermodal transportation" means the successive 
transportation of a loaded container or trailer from its place 
of origin to its place of destination by more than one mode 
of transportation in interstate or foreign commerce, whether 
under a single bill of lading or under separate bills of lading. 
(7) "trailer" means a nonpower, property-carrying, trailing 
unit that is designed for use in combination with a truck 
tractor, 
§ 5902. Notifications and certiHcations 
(a) PRIOR NOTIFICATION.—Before a person tenders to a first 
carrier for intermodal transportation a loaded container or trailer 
having a projected gross cargo weight of more than 10,000 pounds 
(including packing material and pallets), the person shall give the 
carrier a written notification of the gross cargo weight and a reason-
able description of the contents of the container or trailer. The 
notification may be transmitted electronically. 
(b) CERTIFICATION.—Not later than when a person tenders to 
a first carrier for intermodal transportation a container or trailer 
to which subsection (a) of this section applies or a loaded container 
or trailer having an actual gross cargo weight of more than 10,000 
pounds (including packing material and pallets), the person shall 
certify to the carrier in writing the actual gross cargo weight and 
a reasonable description of the contents of the container or trailer. 
(c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS.— 
A carrier, agent of a carrier, broker, customs broker, freight for-
warder, warehouser, or terminal operator shall forward the certifi-
cation provided under subsection (b) of this section to a subsequent 
carrier transporting the container or trailer in intermodal transpor-
tation. The act of forwarding the certification may not be construed 
as a verification or affirmation of the accuracy or completeness 
of the information in the certification. 
(d) NONAPPLICATION.—(1) Subsections (a) and (b) of this section 
and section 5903(c) of this title do not apply to a carrier when 
the carrier is transferring a loaded container or trailer to another 
carrier during intermodal transportation, unless the carrier is also 
the person tendering the loaded container or trailer to the first 
carrier. 
(2) A carrier, agent of a carrier, broker, customs broker, freight 
forwarder, warehouser, or terminal operator is deemed not to be 
a person tendering a loaded container or trailer to a first carrier 
under this section, unless the carrier, agent, broker, customs broker, 
freight forwarder, warehouser, or terminal operator assumes legal 
responsibility for loading property into the container or trailer. 
§5903. Prohibitions 
(a) PROVIDING ERRONEOUS INFORMATION.^A person tendering 
a loaded container or trailer may not provide erroneous information 
in a certification required by section 5902(b) of this title. 
(b) 
TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.—A 
motor carrier may not transport a loaded container or trailer to 
which section 5902(b) of this title applies before receiving the certifi-
cation required by section 5902(b). 
(c) UNLAWFUL COERCION.—(1) A person may not coerce or 
attempt to coerce a person participating in intettnodal transpor-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 861 
tation to transport a loaded container or trailer having an actual 
gross cargo weight of more than 10,000 pounds (including packing 
materials and pallets) before the certification required by section 
5902(b) of this title is provided. 
(2) A person, knowing that the weight of a loaded container 
or trailer or the weight of a tractor-trailer combination carrying 
the container or trailer is more than the weight allowed by 
applicable State law, may not coerce or attempt to coerce a carrier 
to transport the container or trailer or to operate the tractor-
trailer combination in violation of that State law. 
§ 5904. State enforcement 
(a) GENERAL.—^A State may enact a law to permit the State 
or a political subdivision of the State— 
(1) to impose a fine or penalty, for a violation of a State 
highway weight law or regulation by a tractor-trailer combina-
tion carrying a loaded container or trailer for which a certifi-
cation is required by section 5902(b) of this title, against the 
person tendering the loaded container or trailer to the first 
carrier if the violation results from the person's having provided 
erroneous information in the certification in violation of section 
5903(a) of this title; and 
(2) to impound the container or trailer until the fine or 
penalty has been paid by the owner or beneficial owner of 
the contents of the container or trailer or the person tendering 
the loaded container or trailer to the first carrier. 
(b) LIMITATION.—This chapter does not require a person ten-
dering a loaded container or trailer to a first carrier to ensure 
that the first carrier or any other carrier involved in the intermodal 
transportation will comply with any State highway weight law 
or regulation, other than as required by this chapter. 
§5905. Liens 
(a) GENERAL.—If a person involved in the intermodal transpor-
tation of a loaded container or trailer for which a certification 
is required by section 5902(b) of this title is required under State 
law to post a bond or pay any fine, penalty, cost, or interest 
resulting from providing erroneous information in the certification 
to the first carrier in violation of section 5903(a) of this title, 
the person has a lien against the contents equal to the amount 
^ 
of the bond, fine, penalty, cost, or interest incurred, until the 
person receives a payment of that amount from the owner or bene-
ficial owner of the contents or from the person responsible for 
making the certification. 
(b) LIMITATIONS.—(1) A lien under this section does not author-
ize a person to dispose of the contents of a loaded container or 
trailer until the person who tendered the container or trailer to 
the first carrier is given a reasonable opportunity to establish 
responsibility for the bond, fine, penalty, cost, or interest. 
(2) In this section, an owner or beneficial owner of the contents 
of a container or trailer or a person tendering a container or 
trailer to the first carrier is deemed not to be a person involved 
in the intermodal transportation of the container or trailer. 
§ 5906. Perishable agricultural commodities 
Sections 5904(a)(2) and 5905 of this title do not apply to a 
container or trailer the contents of which are perishable agricultural 
108 STAT. 862 
PUBLIC LAW 103-272—JULY 5, 1994 
commodities (as defined in the Perishable Agricultural Commodities 
Act, 1930 (7 U.S.C. 499a et seq.)). 
§ 5907. Regulations and effective date 
(a) REGULATIONS.—^Not later than July 25, 1993, the Secretary 
of Transportation shall prescribe final regulations to enforce this 
chapter. The Secretary may establish by regulation exemptions 
to the regulations that are in the public interest and consistent 
with the purposes of this chapter. 
(b) EFFECTIVE DATE.—^This chapter is effective on the date 
final regulations to enforce this chapter are prescribed. 
(e) Title 49, United States Code, is amended by adding the 
following immediately after subtitle IV: 
SUBTITLE V—RAIL PROGRAMS 
PART A—SAFETY 
CHAPTER 
Sec. 
201. 
G E N E R A L 
20101 
203. 
SAFETY APPLIANCES 
20301 
205. 
SIGNAL SYSTEMS 
20501 
207. 
LOCOMOTIVES 
20701 
209. 
ACCIDENTS AND INCIDENTS 
20901 
21L HOURS OF SERVICE 
21101 
213. 
PENALTIES 
21301 
PART B—ASSISTANCE 
221. 
LOCAL RAIL FREIGHT ASSISTANCE 
22101 
PART C—PASSENGER TRANSPORTATION 
24L GENERAL 
24101 
243. 
AMTRAK 
24301 
245. 
AMTRAK COMMUTER 
24501 
247. 
AMTRAK ROUTE SYSTEM 
24701 
249. 
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM 
24901 
PART D—MISCELLANEOUS 
26L LAW ENFORCEMENT 
26101 
PART A—SAFETY 
Sec. 
20101. 
20102. 
20103. 
20104. 
20105. 
20106. 
20107. 
20108. 
20109. 
20110. 
2011L 
20112. 
20113. 
20114. 
20115. 
20116. 
20117. 
2013L 
CHAPTER 201—GENERAL 
SUBCHAPTER I—GENERAL 
Purpose. 
Definitions. 
General authority. 
Emergency authority. 
State participation. 
National uniformity of regulation. 
Inspection and investigation. 
Research, development, testing, and trfuning. 
Employee protections. 
Effect on employee qualifications and collective bargaining. 
Enforcement by the Secretary of Transportation. 
Enforcement by the Attorney General. 
Enforcement by the States. 
Judicial procedures. 
User fees. 
Annual report. 
Authorization of appropriations. 
SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY 
Restricted access to rolling equipment. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 863 
20132. Visible markers for rear cars. 
• 
20133. Passenger equipment. 
20134. Grade crossings and reulroad rights of way. 
20135. Licensing or certification of locomotive operators. 
20136. Automatic train control and related systems. 
20137. Event recorders. 
20138. Tampering with safety and operational monitoring devices. 
20139. Maintenance-of-way operations on railroad bridges. 
20140. Alcohol and controflea substances testing. 
20141. Power brake safety. 
20142. Track safety. 
20143. Locomotive visibility. 
20144. Blue signal protection for on-track vehicles. 
SUBCHAPTER I—GENERAL 
§20101. Purpose 
The purpose of this chapter is to promote safety in every 
area of railroad operations and reduce railroad-related accidents 
and incidents. 
§20102. Definitions 
In this part— 
(1) "railroad"— 
(A) means any form of nonhighway ground transpor-
tation that runs on rails or electromagnetic guideways, 
including— 
(i) commuter or other short-haul railroad pas-
senger service in a metropolitan or suburban area and 
commuter railroad service that was operated by the 
Consolidated Rail Corporation on January 1, 1979; and 
(ii) high speed ground transportation systems that 
connect metropolitan areas, without regard to whether 
those systems use new technologies not associated with 
traditional railroads; but 
(B) does not include rapid transit operations in an 
urban area that are not connected to the general railroad 
system of transportation. 
(2) "railroad carrier" means a person providing railroad 
transportation. 
§20103. General authority 
(a) REGULATIONS AND ORDERS.—The Secretary of Transpor-
tation, as necessary, shall prescribe regulations and issue orders 
for every area of railroad safety supplementing laws and regulations 
in effect on October 16, 1970. 
(b) REGULATIONS OF PRACTICE FOR PROCEEDiNGS.^The Sec-
retary shall prescribe regulations of practice applicable to each 
proceeding under this chapter. The regulations shall reflect the 
varying nature of the proceedings and include time limits for dis-
position of the proceedings. The time limit for disposition of a 
E
roceeding may not be more than 12 months after the date it 
egins. 
(c) 
CONSIDERATION OF INFORMATION AND STANDARDS.—In 
prescribing regulations and issuing orders under this section, the 
Secretary shall consider existing relevant safety information and 
standards. 
(d) WAIVERS.—^The Secretary may waive compliance with any 
part of a regulation prescribed or order issued under this chapter 
if the waiver is in the public interest and consistent with railroad 
108 STAT. 864 
PUBLIC LAW 103-272—JULY 5, 1994 
Public 
safety. The Secretary shall make public the reasons for granting 
information. 
^^^ waiver. 
(e) HEARINGS.—^The Secretary shall conduct a hearing as pro-
vided by section 553 of title 5 when prescribing a regulation or 
issuing an order under this chapter, including a regulation or 
order establishing, amending, or waiving compliance with a railroad 
safety regulation prescribed or order issued under this chapter. 
An opportunity for an oral presentation shall be provided. 
§ 20104. Emergency authority 
(a) ORDERING RESTRICTIONS AND PROHIBITIONS.—(1) If, through 
testing, inspection, investigation, or research carried out under 
this chapter, the Secretary of Transportation decides that an unsafe 
condition or practice, or a combination of unsafe conditions and 
practices, causes an emergency situation involving a hazard of 
death or personal injury, the Secretary immediately may order 
restrictions and prohibitions, without regard to section 20103(e) 
of this title, that may be necessary to abate the situation. 
(2) The order shall describe the condition or practice, or a 
combination of conditions and practices, that causes the emergency 
situation and prescribe standards and procedures for obtaining 
relief from the order. This paragraph does not affect the Secretary's 
discretion under this section to maintain the order in effect for 
as long as the emergency situation exists. 
(b) REVIEW OF ORDERS.—^After issuing an order under this 
section, the Secretary shall provide an opportunity for review of 
the order under section 554 of title 5. If a petition for review 
is filed and the review is not completed by the end of the 30-
day period beginning on the date the order was issued, the order 
stops being effective at the end of that period unless the Secretary 
decides in writing that the emergency situation still exists. 
(c) CIVIL ACTIONS TO COMPEL ISSUANCE OF ORDERS.^An 
employee of a railroad carrier engaged in interstate or foreign 
commerce who may be exposed to imminent physical injury during 
that employment because of the Secretary's failure, without any 
reasonable basis, to issue an order under subsection (a) of this 
section, or the employee's authorized representative, may bring 
a civil action against the Secretary in a district court of the United 
States to compel the Secretary to issue an order. The action must 
be brought in the judicial district in which the emergency situation 
is alleged to exist, in which that employing carrier has its principal 
executive office, or for the District of Columbia. The Secretary's 
failure to issue an order under subsection (a) of this section may 
be reviewed only under section 706 of title 5. 
§ 20105. State participation 
(a) INVESTIGATIVE AND SURVEILLANCE ACTIVITIES.—^The Sec-
retary of Transportation may prescribe investigative and surveil-
lance activities necessary to enforce the safety regulations pre-
scribed and orders issued by the Secretary that apply to railroad 
equipment, facilities, rolling stock, and operations in a State. The 
State may participate in those activities when the safety practices 
for railroad equipment, facilities, rolling stock, and operations in 
the State are regulated by a State authority and the authority 
submits to the Secretary an annual certification as provided in 
subsection (b) of this section. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 865 
(b) ANNUAL CERTIFICATION.—(1) A State authority's annual 
certification must include— 
(A) a certification that the authority— 
(i) has regulatory jurisdiction over the safety practices 
for railroad equipment, facilities, rolling stock, and oper-
ations in the State; 
(ii) was given a copy of each safety regulation pre-
scribed and order issued by the Secretary, that applies 
to the equipment, facilities, rolling stock, or operations, 
as of the date of certification; and 
(iii) is conducting the investigative and surveillance 
activities prescribed by the Secretary under subsection (a) 
of this section; and 
(B) a report, in the form the Secretary prescribes by regula- Reports. 
tion, that includes— 
Regulations. 
(i) the name and address of each railroad carrier sub-
ject to the safety jurisdiction of the authority; 
(ii) each accident or incident reported during the prior 
12 months by a railroad carrier involving a fatality, per-
sonal injury requiring hospitalization, or property damage 
of more than $750 (or a higher amount prescribed by 
the Secretary), and a summary of the authority's investiga-
tion of the cause and circumstances surrounding the 
accident or incident; 
(iii) the record maintenance, reporting, and inspection 
^ 
practices conducted by the authority to aid the Secretary 
in enforcing railroad safety regulations prescribed and 
orders issued by the Secretary, including the number of 
inspections made of railroad equipment, facilities, rolling 
stock, and operations by the authority during the prior 
12 months; and 
(iv) other information the Secretary requires. 
(2) An annual certification applies to a safety regulation pre-
scribed or order issued after the date of the certification only 
if the State authority submits an appropriate certification to provide 
the necessary investigative and surveillance activities. 
(3) If, after receipt of an annual certification, the Secretary 
decides the State authority is not complying satisfactorily with 
the investigative and surveillance activities prescribed under sub-
section (a) of this section, the Secretary may reject any part of 
the certification or take other appropriate action to achieve adequate 
enforcement. The Secretary must give the authority notice and Notice, 
an opportunity for a hearing before taking action under this para-
graph. When the Secretary gives notice, the burden of proof is 
on the authority to show that it is complying satisfactorily with 
the investigative and surveillance activities prescribed by the Sec-
retary. 
(c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED.—(1) If 
the Secretary does not receive an annual certification under sub-
section (a) of this section related to any railroad equipment, facility, 
rolling stock, or operation, the Secretary may make an agreement 
with a State authority for the authority to provide any part of 
the investigative and surveillance activities prescribed by the Sec-
retary as necessary to enforce the safety regulations and orders 
applicable to the equipment, facility, rolling stock, or operation. 
(2) The Secretary may terminate any part of an agreement 
made under this subsection on finding that the authority has not 
108 STAT. 866 
PUBLIC LAW 103-272—JULY 5, 1994 
Notice. 
Termination 
date. 
Federal 
Register, 
publication. 
provided every part of the investigative and surveillance activities 
to which the agreement relates. The Secretary must give the author-
ity notice and an opportunity for a hearing before making such 
a finding. The finding and termination shall be published in the 
Federal Register and may not become effective for at least 15 
days after the date of publication. 
(d) AGREEMENT FOR INVESTIGATIVE AND SURVEILLANCE ACTIVI-
TIES.—In addition to providing for State participation under this 
section, the Secretary may make an agreement with a State to 
provide investigative and surveillance activities related to the Sec-
retary's duties under chapters 203-213 of this title. 
(e) PAYMENT.—On application by a State authority that has 
submitted a certification under subsections (a) and (b) of this section 
or made an agreement under subsection (c) or (d) of this section, 
the Secretary shall pay not more than 50 percent of the cost 
of the personnel, equipment, and activities of the authority needed, 
during the next fiscal year, to carry out a safety program under 
the certification or agreement. However, the Secretary may pay 
an authority only when the authority assures the Secretary that 
it will provide the remaining cost of the ssifety program and that 
the total State money expended for the safety program, excluding 
grants of the United States Government, will be at least as much 
as the average amount expended for the fiscal years that ended 
June 30, 1969, and June 30, 1970. 
(f) MONITORING.—^The Secretary may monitor State investiga-
tive and surveillance practices and carry out other inspections and 
investigations necessary to help enforce this chapter. 
§ 20106. National uniformity of regulation 
Laws, regulations, and orders related to railroad safety shall 
be nationally uniform to the extent practicable. A State may adopt 
or continue in force a law, regulation, or order related to railroad 
safety until the Secretary of Transportation prescribes a regulation 
or issues an order covering the subject matter of the State require-
ment. A State may adopt or continue in force an additional or 
more stringent law, regulation, or order related to railroad safety 
when the law, regulation, or order— 
(1) is necessary to eliminate or reduce an essentially local 
safety hazard; 
(2) is not incompatible with a law, regulation, or order 
of the United States Government; and 
(3) does not unreasonably burden interstate commerce. 
§ 20107. Inspection and investigation 
(a) GENERAL.—^To carry out this part, the Secretary of Transpor-
tation may take actions the Secretary considers 
necessary, 
including— 
(1) conduct investigations, make reports, issue subpenas, 
require the production of documents, take depositions, and 
prescribe recordkeeping and reporting requirements; and 
(2) delegate to a public entity or qualified person the inspec-
tion, examination, and testing of railroad equipment, facilities, 
rolling stock, operations, and persons. 
(b) ENTRY AND INSPECTION.—In carrying out this part, an offi-
cer, employee, or agent of the Secretary, at reasonable times and 
in a reasonable way, may enter and inspect railroad equipment, 
facilities, rolling stock, operations, and relevant records. When 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 867 
requested, the officer, employee, or agent shall display proper 
credentials. During an inspection, the officer, employee, or agent 
is an employee of the United States Government under chapter 
171 of title 28. 
§ 20108. Research, development, testing, and training 
(a) GENERAL.—^The Secretary of Transportation shall carry out, 
as necessary, research, development, testing, evaluation, and train-
ing for every area of railroad safety. 
(b) CONTRACTS.—To carry out this part, the Secretary may 
make contracts for, and carry out, research, development, testing, 
evaluation, and training (particularly for those areas of railroad 
safety found to need prompt attention). 
(c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING 
SAFETY EMPLOYEES.—^The Secretary may request, receive, and 
expend amounts received from non-United States Government 
sources for expenses incurred in training safety employees of private 
industry. State and local authorities, or other public authorities, 
except State rail safety inspectors participating in training under 
section 20105 of this title. 
§20109. Employee protections 
(a) FILING COMPLAINTS AND TESTIFYING.—A railroad carrier 
engaged in interstate or foreign commerce may not discharge or 
in any way discriminate against an employee because the employee, 
whether acting for the employee or as a representative, has— 
(1) filed a complaint or brought or caused to be brought 
a proceeding related to the enforcement of this part or, as 
applicable to railroad safety, chapter 51 or 57 of this title; 
or 
(2) testified or will testify in that proceeding. 
(b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.— 
(1) A railroad carrier engaged in interstate or foreign commerce 
may not discharge or in any way discriminate against an employee 
for refusing to work when confronted by a hazardous condition 
related to the performance of the employee's duties, i
f
— 
(A) the refusal is made in good faith and no reasonable 
alternative to the refusal is available to the employee; 
(B) a reasonable individual in the circumstances then 
confronting the employee would conclude that— 
(i) the hazardous condition presents an imminent dan-
ger of death or serious injury; and 
(ii) the urgency of the situation does not allow sufficient 
time to eliminate the danger through regular statutory 
means; and 
(C) the employee, where possible, has notified the carrier 
of the hazardous condition and the intention not to perform 
further work unless the condition is corrected immediately. 
(2) This subsection does not apply to security personnel 
employed by a carrier to protect individuals and property trans-
ported by railroad. 
(c) DISPUTE RESOLUTION.—^A dispute, grievance, or claim aris-
ing under this section is subject to resolution under section 3 
of the Railway Labor Act (45 U.S.C. 153). In a proceeding by 
the National Railroad Adjustment Board, a division or delegate 
of the Board, or another board of adjustment established under 
section 3 to resolve the dispute, grievance, or claim, the proceeding 
108 STAT. 868 
PUBLIC LAW 103-272—JULY 5, 1994 
shall be expedited and the dispute, grievance, or claim shall be 
resolved not later than 180 days after it is filed. If the violation 
is a form of discrimination that does not involve discharge, suspen-
sion, or another action affecting pay, and no other remedy is avail-
able under this subsection, the Board, division, delegate, or other 
board of adjustment may award the employee reasonable damages, 
including punitive damages, of not more than $20,000. 
(d) ELECTION OF REMEDIES.—^An employee of a railroad carrier 
may not seek protection under both this section and another provi-
sion of law for the same allegedly unlawful act of the carrier. 
(e) DISCLOSURE OF IDENTITY.—(1) Except as provided in para-
graph (2) of this subsection, or with the written consent of the 
employee, the Secretary of Transportation may not disclose the 
name of an employee of a railroad carrier who has provided informa-
tion about an alleged violation of this part or, as applicable to 
railroad safety, chapter 51 or 57 of this title or a regulation pre-
scribed or order issued under any of those provisions. 
(2) The Secretary shall disclose to the Attorney Greneral the 
name of an employee described in paragraph (1) of this subsection 
if the matter is referred to the Attorney General for enforcement. 
§20110. Effect on employee qualifications and collective 
bargaining 
This chapter does not— 
(1) authorize the Secretary of Transportation to prescribe 
regulations and issue orders related to qualifications of employ-
ees, except qualifications specifically related to safety; or 
(2) prohibit the bargaining representatives of railroad car-
riers and their employees from making collective bargaining 
agreements under the Railway Labor Act (45 U.S.C. 151 et 
seq.), including agreements related to qualifications of employ-
ees, that are not inconsistent with regulations prescribed and 
orders issued under this chapter. 
§ 20111. Enforcement by the Secretary of Transportation 
(a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation 
has exclusive authority— 
(1) to impose and compromise a civil penalty for a violation 
of a railroad safety regulation prescribed or order issued by 
the Secretary; 
(2) except as provided in section 20113 of this title, to 
request an injunction for a violation of a railroad safety regula-
tion prescribed or order issued by the Secretary; and 
(3) to recommend appropriate action be taken under section 
20112(a) of this title. 
(b) COMPLIANCE ORDERS.—^The Secretary may issue an order 
directing compliance with this part or with a railroad safety regula-
tion prescribed or order issued under this part. 
(c) 
ORDERS 
PROHIBITING 
INDIVIDUALS FROM 
PERFORMING 
SAFETY-SENSITIVE FUNCTIONS.—If an individual's violation of a 
regulation prescribed or order issued by the Secretary under this 
chapter is shown to make that individual unfit for the performance 
of safety-sensitive functions, the Secretary, after notice and oppor-
tunity for a hearing, may issue an order prohibiting the individual 
from performing safety-sensitive functions in the railroad industry 
for a specified period of time or until specified conditions are met. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 869 
This subsection does not affect the Secretary's authority under 
section 20104 of this title to act on an emergency basis. 
(d) 
REGULATIONS 
REQUIRING 
REPORTING 
OF 
REMEDIAL 
ACTIONS.—(1) The Secretary shall prescribe regulations to require 
that a railroad carrier notified by the Secretary that imposition 
of a civil penalty will be recommended for a failure to comply 
with this part, chapter 51 or 57 of this title, or a regulation pre-
scribed or order issued under any of those provisions, shall report 
to the Secretary, not later than the 30th day after the end of 
the month in which the notification is received— 
(A) actions taken to remedy the failure; or 
(B) if appropriate remedial actions cannot be taken by 
that 30th day, an explanation of the reasons for the delay. 
(2) The Secretary— 
(A) not later than June 3, 1993, shall issue a notice of Notice. 
a regulatory proceeding for proposed regulations to carry out 
this subsection; and 
(B) not later than September 3, 1994, shall prescribe final 
regulations to carry out this subsection. 
§ 20112. Enforcement by the Attorney General 
(a) CIVIL ACTIONS.—^.\t the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in a district 
court of the United States— 
(1) to enjoin a violation of, or to enforce, a railroad safety 
regulation prescribed or order issued by the Secretary; 
(2) to collect a civil penalty imposed or an amount agreed 
on in compromise under section 21301 of this title; or 
(3) to enforce a subpena issued by the Secretary under 
this chapter. 
(b) VENUE.—(1) Except as provided in paragraph (2) of this 
subsection, a civil action under this section may be brought in 
the judicial district in which the violation occurred or the defendant 
has its principal executive office. If an action to collect a penalty 
is against an individual, the action also may be brought in the 
judicial district in which the individual resides. 
(2) A civil action to enforce a subpena issued by the Secretary 
or a compliance order issued under section 20111(b) of this title 
may be brought in the judicial district in which the defendant 
resides, does business, or is found. 
§ 20113. 
Enforcement by the States 
(a) INJUNCTIVE RELIEF.—If the Secretary of Transportation does 
not begin a civil action under section 20112 of this title to enjoin 
the violation of a railroad safety regulation prescribed or order 
issued by the Secretary not later than 15 days after the date 
the Secretary receives notice of the violation and a request from 
a State authority participating in investigative and surveillance 
activities under section 20105 of this title that the action be brought, 
the authority may bring a civil action in a district court of the 
United States to enjoin the violation. This subsection does not 
apply if the Secretary makes an affirmative written finding that 
the violation did not occur or that the action is not necessary 
because of other enforcement action taken by the Secretary related 
to the violation. 
(b) IMPOSITION AND COLLECTION OF CIVIL PENALTIES.—If the 
Secretary does not impose the applicable civil penalty for a violation 
108 STAT. 870 
PUBLIC LAW 103-272—JULY 5, 1994 
of a railroad safety regulation prescribed or order issued by the 
Secretary not later than 60 days after the date of receiving notice 
from a State authority participating in investigative and surveil-
lance activities under section 20105 of this title, the authority 
may bring a civil action in a district court of the United States 
to impose and collect the penalty. This paragraph does not apply 
if the Secretary makes an affirmative written finding that the 
violation did not occur. 
(c) VENUE.—^A civil action under this section may be brought 
in the judicial district in which che violation occurred or the defend-
ant has its principal executive office. However, a State authority 
may not bring an action under this section outside the State. 
§20114. Judicial procedures 
(a) CRIMINAL CONTEMPT.—In a trial for criminal contempt for 
violating an injunction or restraining order issued under this chap-
ter, the violation of which is also a violation of this chapter, the 
defendant may demand a jury trial. The defendant shall be tried 
as provided in rule 42(b) of the Federal Rules of Criminal Procedure 
(ISApp.U.S.C). 
(b) SuBPENAS FOR WITNESSES.—A subpena for a witness 
required to attend a district court of the United States in an 
action brought under this chapter may be served in any judicial 
district. 
(c) REVIEW OF AGENCY ACTION.—Except as provided in section 
20104(c) of this title, a proceeding to review a final action of the 
Secretary of Transportation under this part or, as applicable to 
railroad safety, chapter 51 or 57 of this title shall be brought 
in the appropriate court of appeals as provided in chapter 158 
of title 28. 
Regulations. 
§20115. User fees 
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall 
prescribe by regulation a schedule of fees for railroad carriers 
subject to this chapter. The fees— 
(1) shall cover the costs of carrying out this chapter (except 
section 20108(a)); 
(2) shall be imposed fairly on the railroad carriers, in 
reasonable relationship to an appropriate combination of cri-
teria such as revenue ton-miles, track miles, passenger miles, 
or other relevant factors; and 
(3) may not be based on that part of industry revenues 
attributable to a railroad carrier or class of railroad carriers. 
(b) COLLECTION PROCEDURES.—The Secretary shall prescribe 
procedures to collect the fees. The Secretary may use the services 
of a department, agency, or instrumentality of the United States 
Government or of a State or local authority to collect the fees, 
and may reimburse the department, agency, or instrumentality 
a reasonable amount for its services. 
(c) COLLECTION, DEPOSIT, AND USE,—(1) The Secretary shall 
impose and collect fees under this section for each fiscal year 
before the end of the fiscal year. 
(2) Fees collected under this section shall be deposited in the 
general fund of the Treasury as offsetting receipts. The fees may 
be used, to the extent provided in advance in an appropriation 
law, only to carry out this chapter. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 871 
(3) Fees prescribed under this section shall be imposed in 
an amount sufficient to pay for the costs of activities under this 
chapter. However, the total fees received for a fiscal year may 
not be more than 105 percent of the total amount of the appropria-
tions for the fiscal year for activities to be financed by the fees. 
(d) ANNUAL REPORT.—(1) Not later than 90 days after the 
end of each fiscal year in which fees are collected under this 
section, the Secretary shall report to Congress on— 
(A) the amount of fees collected during that fiscal year; 
(B) the impact of the fees on the financial health of the 
railroad industry and its competitive position relative to each 
competing mode of transportation; and 
(C) the total cost of Government safety activities for each 
other competing mode of transportation, including any part 
of that total cost defrayed by Government user fees. 
(2) Not later than 90 days after submitting a report for a 
fiscal year, the Secretary shall submit to Congress recommendations 
for corrective legislation if the report includes a finding that— 
(A) there has been an impact from the fees on the financial 
health of the railroad industry or its competitive position rel-
ative to each competing mode of transportation; or 
(B) there is a significant difference in the burden of Govern-
ment user fees on the railroad industry and other competing 
modes of transportation. 
(e) EXPIRATION.—^This section expires on September 30, 1995. 
§20116. Annual report 
The Secretary of Transportation shall submit to the President 
for submission to Congress not later than July 1 of each year 
a report on carrying out this chapter for the prior calendar year. 
The report shall include the following information about the prior 
year: 
(1) a thorough statistical compilation of railroad accidents, 
incidents, and casualties by cause. 
(2) a list of railroad safety regulations and orders pre-
scribed, issued, or in effect under this chapter. 
(3) a summary of the reasons for each waiver granted 
under section 20103(d) of this title. 
(4) an evaluation of the degree of compliance with railroad 
safety regulations prescribed and orders issued under this 
chapter. 
(5) a summary of outstanding problems in carrying out 
railroad safety regulations prescribed and orders issued under 
this chapter, in order of priority. 
(6) an analysis and evaluation of research and related 
activities completed, including their policy implications, and 
technological progress achieved. 
(7) a list, with a brief statement of the issues, of completed 
or pending civil actions to enforce railroad safety regulations 
prescribed and orders issued under this chapter. 
(8) the extent to which technical information was distrib-
uted to the scientific community and 
consumer-oriented 
information was made available to the public. 
(9) a compilation of certifications filed under section 
20105(a) of this title that were— 
(A) in effect; or 
108 STAT. 872 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) rejected in any part by the Secretary, and a sum-
mary of the reasons for each rejection. 
(10) a compilation of agreements made under section 
20105(c) of this title that were— 
(A) in effect; or 
(B) terminated in any part by the Secretary, and a 
summary of the reasons for each termination. 
(11) recommendations for legislation the Secretary consid-
ers necessary to strengthen the national railroad 
safety 
program. 
§20117. Authorization of appropriations 
(a) GENERAL.—(1) Not more than the following amounts may 
be appropriated to the Secretary of Transportation to carry out 
this chapter: 
(A) $68,283,000 for the fiscal year ending September 30, 
1993. 
(B) $71,690,000 for the fiscal year ending September 30, 
1994. 
(2) Not more than $5,000,000 may be appropriated to the Sec-
retary for the fiscal year ending September 30, 1993, to carry 
out section 20105 of this title. 
(b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may 
be appropriated to the Secretary for improvements in grade crossing 
safety, except demonstration projects under section 20134(c) of this 
title. Amounts appropriated under this subsection remain available 
until expended. 
(c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPEC-
TION, AND STATE PARTICIPATION GRANTS.—Amounts appropriated 
under this section for research and development, automated track 
inspection, and grants under section 20105(e) of this title remain 
available until expended. 
(d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES.—^At least 50 
percent of the amounts appropriated to the Secretary for a fiscal 
year to carry out railroad research and development programs 
under this chapter or another law shall be available for safety 
research, improved track inspection and information acquisition 
technology, improved railroad freight transportation, and improved 
railroad passenger systems. 
SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY 
Regulations. 
§ 20131. Restricted access to rolling equipment 
The Secretary of Transportation shall prescribe regulations and 
issue orders that may be necessary to require that when railroad 
carrier employees (except train or yard crews) assigned to inspect, 
test, repair, or service rolling equipment have to work on, under, 
or between that equipment, every manually operated switch, includ-
ing each crossover switch, providing access to the track on which 
the equipment is located is lined against movement to that track 
and secured by an effective locking device that can be removed 
only by the class or craft of employees performing the inspection, 
testing, repair, or service. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 873 
§ 20132. Visible markers for rear cars 
(a) GENERAL.—^The Secretary of Transportation shall prescribe 
regulations and issue orders that may be necessary to require 
that— 
(1) the rear car of each passenger and commuter train 
has at least one highly visible marker that is lighted during 
darkness and when weather conditions restrict clear visibility; 
and 
(2) the rear car of each freight train has highly visible 
markers during darkness and when weather conditions restrict 
clear visibility. 
(b) PREEMPTION.—Notwithstanding section 20106 of this title, 
subsection (a) of this section does not prohibit a State from continu-
ing in force a law, regulation, or order in effect on July 8, 1976, 
related to lighted markers on the rear car of a freight train except 
to the extent it would cause the car to be in violation of this 
section. 
§ 20133. Passenger equipment 
(a) GENERAL.—^The Secretary of Transportation shall prescribe 
regulations and issue orders that may be necessary to ensure that 
the construction, maintenance, and operation of railroad equipment 
used to transport railroad passengers, whether in commuter or 
intercity service, maximize the safety of those passengers. The 
Secretary periodically shall review the regulations and orders and 
make amendments that may be necessary. 
(b) 
CONSIDERATIONS 
AND AREAS 
OF 
CONCENTRATION.—^In 
prescribing regulations, issuing orders, and making amendments 
under this section, the Secretary shall— 
(1) consider comparable regulations and procedures of the 
United States Government that apply to other modes of 
transportation, especially those regulations and procedures 
carried out by the Administrator of the Federal Aviation 
Administration; 
(2) consider relevant differences between commuter and 
intercity passenger service; 
(3) concentrate on those areas that the Secretary believes 
present the greatest opportunity for enhancing the safety of 
the equipment; and 
(4) give significant weight to the expenditures that would 
be necessary to retrofit existing equipment and to change speci-
fications for equipment on order. 
(c) CONSULTATION.—In prescribing regulations, issuing orders, 
and making amendments under this section, the Secretary may 
consult with Amtrak, public authorities operating railroad pas-
senger service, other railroad carriers transporting passengers, 
organizations of passengers, and organizations of employees. A con-
sultation is not subject to the Federal Advisory Committee Act 
(5 App. U.S.C), but minutes of the consultation shall be placed 
in the public docket of the regulatory proceeding. 
§ 20134. Grade crossings and railroad rights of way 
(a) GENERAL.—To the extent practicable, the Secretary of 
Transportation shall maintain a coordinated effort to develop and 
carry out solutions to the railroad grade crossing problem and 
measures to protect pedestrians in densely populated areas along 
railroad rights of way. To carry out this subsection, the Secretary 
Regulations. 
Regulations. 
108 STAT. 874 
PUBLIC LAW 103-272—JULY 5, 1994 
may use the authority of the Secretary under this chapter and 
over highway, traffic, and motor vehicle safety and over highway 
construction. 
Regulations. 
(b) SIGNAL SYSTEMS AND OTHER DEVICES.—^Not later than June 
22, 1989, the Secretary shall prescribe regulations and issue orders 
to ensure the safe maintenance, inspection, and testing of signal 
systems and devices at railroad highway grade crossings. 
(c) DEMONSTRATION PROJECTS.—(1) The Secretary shall estab-
lish demonstration projects to evaluate whether accidents and 
incidents involving trains would be reduced by— 
(A) reflective markers installed on the road surface or 
on a signal post at railroad grade crossings; 
(B) stop signs or yield signs installed at grade crossings; 
and 
(C) speed bumps or rumble strips installed on the road 
surfaces at the approaches to grade crossings. 
Reports. 
(2) Not later than June 22, 1990, the Secretary shall submit 
a report on the results of the demonstration projects to the Commit-
tee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate. 
Regulations. 
§20135. Licensing or certification of locomotive operators 
(a) GENERAL.—The Secretary of Transportation shall prescribe 
regulations and issue orders to establish a program requiring the 
licensing or certification, after one year after the program is estab-
lished, of any operator of a locomotive. 
(b) PROGRAM REQUIREMENTS.—The program established under 
subsection (a) of this section— 
(1) shall be carried out through review and approval of 
each railroad carrier's operator qualification standards; 
(2) shall provide minimum training requirements; 
(3) shall require comprehensive knowledge of applicable 
railroad carrier operating practices and rules; 
(4) except as provided in subsection (c)(1) of this section, 
shall require consideration, to the extent the information is 
available, of the motor vehicle driving record of each individual 
seeking licensing or certification, including— 
(A) any denial, cancellation, revocation, or suspension 
of a motor vehicle operator's license by a State for cause 
within the prior 5 years; and 
(B) any conviction within the prior 5 years of an offense 
described in section 30304(a)(3) (A) or (B) of this title; 
(5) may require, based on the individual's driving record, 
disqualification or the granting of a license or certification 
conditioned on requirements the Secretary prescribes; and 
(6) shall require an individual seeking a license or 
certification— 
(A) to request the chief driver licensing official of each 
State in which the individual has held a motor vehicle 
operator's license within the prior 5 years to provide 
information about the individual's driving record to the 
individual's employer, prospective employer, or the Sec-
retary, as the Secretary requires; and 
(B) to make the request provided for in section 
30305(b)(4) of this title for information to be sent to the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 875 
individual's employer, prospective employer, or the Sec-
retary, as the Secretary requires. 
(c) WAIVERS.—(1) The Secretary shall prescribe standards and 
establish procedures for waiving subsection (b)(4) of this section 
for an individual or class of individuals who the Secretary decides 
are not currently unfit to operate a locomotive. However, the Sec-
retary may waive subsection (b)(4) for an individual or class of 
individuals with a conviction, cancellation, revocation, or suspension 
described in paragraph (2) (A) or (B) of this subsection only if 
the individual or class, after the conviction, cancellation, revocation, 
or suspension, successfully completes a rehabilitation program 
established by a railroad carrier or approved by the Secretary. 
(2) If an individual, after the conviction, cancellation, revoca-
tion, or suspension, successfully completes a rehabilitation program 
established by a railroad carrier or approved by the Secretary, 
the individual may not be denied a license or certification under 
subsection (b)(4) of this section because of— 
(A) a conviction for operating a motor vehicle when under 
the influence of, or impaired by, alcohol or a controlled sub-
stance; or 
(B) the cancellation, revocation, or suspension of the 
individual's motor vehicle operator's license for operating a 
motor vehicle when under the influence of, or impaired by, 
alcohol or a controlled substance. 
(d) OPPORTUNITY FOR HEARING.—^An individual denied a license 
or certification or whose license or certification is conditioned on 
requirements prescribed under subsection (b)(4) of this section shall 
be entitled to a hearing under section 20103(e) of this title to 
decide whether the license has been properly denied or conditioned. 
(e) 
OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMA-
TION.—^The Secretary, employer, or prospective employer, as appro-
priate, shall make information obtained under subsection (b)(6) 
of this section available to the individual. The individual shall 
be given an opportunity to comment in writing about the informa-
tion. Any comment shall be included in any record or file maintained 
by the Secretary, employer, or prospective employer that contains 
information to which the comment is related. 
§ 20136. Automatic train control and related systems 
The Secretary of Transportation shall prescribe regulations and 
issue orders to require that— 
(1) an individual performing a test of an automatic train 
stop, train control, or cab signal apparatus required by the 
Secretary to be performed before entering territory where the 
apparatus will be used shall certify in writing that the test 
was performed properly; and 
(2) the certification required under clause (1) of this sub-
section shall be maintained in the same way and place as 
the daily inspection report for the locomotive. 
§20137. Event recorders 
(a) DEFINITION.—In this section, "event recorder" means a 
device that— 
(1) records train speed, hot box detection, throttle position, 
brake application, brake operations, and any other function 
the Secretary of Transportation considers necessary to record 
Records. 
Regulations. 
108 STAT. 876 
PUBLIC LAW 103-272—JULY 5, 1994 
to assist in monitoring the safety of train operation, such as 
time and signal indication; and 
(2) is designed to resist tampering. 
(b) REGULATIONS AND ORDERS.—Not later than December 22, 
1989, the Secretary shall prescribe regulations and issue orders 
that may be necessary to enhance safety by requiring that a train 
be equipped with an event recorder not later than one year after 
the regulations are prescribed and the orders are issued. However, 
if the Secretary finds it is impracticable to equip trains within 
that one-year period, the Secretary may extend the period to a 
date that is not later than 18 months after the regulations are 
prescribed and the orders are issued. 
Regulations. 
§20138. Tampering with safety and operational monitoring 
devices 
(a) GENERAL.—The Secretary of Transportation shall prescribe 
regulations and issue orders to prohibit the willful tampering with, 
or disabling of, any specified railroad safety or operational monitor-
ing device. 
(b) PENALTIES.—(1) A railroad carrier operating a train on 
which a safety or operational monitoring device is tampered with 
or disabled in violation of a regulation prescribed or order issued 
under subsection (a) of this section is liable to the United States 
Government for a civil penalty under section 21301 of this title. 
(2) An individual tampering with or disabling a safety or oper-
ational monitoring device in violation of a regulation prescribed 
or order issued under subsection (a) of this section, or knowingly 
operating or allowing to be operated a train on which such a 
device has been tampered with or disabled, is liable for penalties 
established by the Secretary. The penalties may include— 
(A) a civil penalty under section 21301 of this title; 
(B) suspension from work; and 
(C) suspension or loss of a license or certification issued 
under section 20135 of this title. 
Regulations. 
§20139. Maintenance-of-way operations on railroad bridges 
Not later than June 22, 1989, the Secretary of Transportation 
shall prescribe regulations and issue orders for the safety of mainte-
nance-of-way employees on railroad bridges. The Secretary at least 
shall provide in those regulations standards for bridge safety equip-
ment, including nets, walkways, handrails, and safety lines, and 
requirements for the use of vessels when work is performed on 
bridges located over bodies of water. 
Regulations. 
§ 20140. Alcohol and controlled substances testing 
(a) DEFINITION.—In this section, "controlled substance" means 
any substance under section 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 802) specified by 
the Secretary of Transportation. 
(b) GENERAL.—(1) In the interest of safety, the Secretary of 
Transportation shall prescribe regulations and issue orders, not 
later than October 28, 1992, related to alcohol and controlled sub-
stances use in railroad operations. The regulations shall establish 
a program requiring— 
(A) a railroad carrier to conduct preemployment, reasonable 
suspicion, random, and post-accident testing of all railroad 
employees responsible for safety-sensitive functions (as decided 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 877 
by the Secretary) for the use of alcohol or a controlled substance 
in violation of law or a United States Grovernment regulation; 
and 
(B) when the Secretary considers it appropriate, disquali-
fication for an established period of time or dismissal of any 
employee found— 
(i) to have used or been impaired by alcohol when 
on duty; or 
(ii) to have used a controlled substance, whether or 
not on duty, except as allowed for medical purposes by 
law or a regulation or order under this chapter. 
(2) When the Secretary of Transportation considers it appro-
priate in the interest of safety, the Secretary may prescribe regula-
tions and issue orders requiring railroad carriers to conduct periodic 
recurring testing of railroad employees responsible for safety-sen-
sitive functions (as decided by the Secretary) for the use of alcohol 
or a controlled substance in violation of law or a Government 
regulation. 
(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out 
"
^ 
this section, the Secretary of Transportation shall develop require-
ments that shall— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimens; 
(2) for laboratories and testing procedures for controlled 
substances, incorporate the Department of Health and Human 
Services scientific and technical guidelines dated April 11, 1988, 
and any amendments to those guidelines, including mandatory 
guidelines establishing— 
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this section, including 
standards requiring the use of the best available technology 
to ensure the complete reliability and accuracy of controlled 
substances tests and strict procedures governing the chain 
of custody of specimens collected for controlled substances 
testing; 
(B) the minimum list of controlled substances for which 
individuals may be tested; and 
(C) appropriate standards and procedures for periodic 
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled 
substances testing in carrying out this section; 
(3) require that a laboratory involved in controlled sub-
stances testing under this section have the capability and facil-
ity, at the laboratory, of performing screening and confirmation 
tests; 
(4) provide that all tests indicating the use of alcohol or 
a controlled substance in violation of law or a Government 
regulation be confinned by a scientifically recognized method 
of testing capable of providing quantitative information about 
alcohol or a controlled substance; 
(5) provide that each specimen be subdivided, secured, 
and labeled in the presence of the tested individual and that 
a part of the specimen be retained in a secure manner to 
prevent the possibility of tampering, so that if the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained part tested by a 2d confirma-
79-194 0—95—6 : QL 3 Part 2 
108 STAT. 878 
PUBLIC LAW 103-272—JULY 5, 1994 
tion test done independently at another certified laboratory 
if the individual requests the 2d confirmation test not later 
than 3 days after being advised of the results of the first 
confirmation test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations that 
may be necessary and in consultation with the Secretary of 
Health and Human Services; 
Confidentiality. 
(7) provide for the confidentiality of test results and medical 
information (other than information about alcohol or a con-
trolled substance) of employees, except that this clause does 
not prevent the use of test results for the orderly imposition 
of appropriate sanctions under this section; and 
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee 
is harassed by being treated differently from other employees 
in similar circumstances. 
Regulations. 
(d) REHABILITATION.—^The Secretary of Transportation shall 
prescribe regulations or issue orders establishing requirements for 
rehabilitation programs that at least provide for the identification 
and opportunity for treatment of railroad employees responsible 
for safety-sensitive functions (as decided by the Secretary) in need 
of assistance in resolving problems with the use of alcohol or a 
controlled substance in violation of law or a Govemment regulation. 
The Secretary shall decide on the circumstances under which 
employees shall be required to participate in a program. Each 
railroad carrier is encouraged to make such a program available 
to all of its employees in addition to employees responsible for 
safety-sensitive functions. This subsection does not prevent a rail-
road carrier from establishing a program under this subsection 
in cooperation with another railroad carrier. 
(e) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS AND REGU-
LATIONS.—In 
carrying 
out 
this 
section, 
the 
Secretary 
of 
Transportation— 
(1) shall establish only requirements that are consistent 
with international obligations of the United States; and 
(2) shall consider applicable laws and regulations of foreign 
countries. 
(f) OTHER REGULATIONS ALLOWED.—^This section does not pre-
vent the Secretary of Transportation from continuing in effect, 
amending, or further supplementing a regulation prescribed or order 
issued before October 28, 1991, governing the use of alcohol or 
a controlled substance in railroad operations. 
§ 20141. Power brake safety 
(a) REVIEW AND REVISION OF EXISTING REGULATIONS.—The Sec-
retary of Transportation shall review existing regulations on rail-
road power brakes and, not later than December 31, 1993, revise 
the regulations based on safety information presented during the 
review. Where applicable, the Secretary shall prescribe regulations 
that establish standards on dynamic braking equipment. 
Regulations. 
(b) 2-WAY END-OF-TRAIN DEVICES.—(1) The Secretary shall 
require 2-way end-of-train devices (or devices able to perform the 
same function) on road trains, except locals, road switchers, or 
work trains, to enable the initiation of emergency braking from 
the rear of a train. The Secretary shall prescribe regulations as 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 879 
soon as possible, but not later than December 31, 1993, requiring 
the 2-way end-of-train devices. The regulations at least shall— 
(A) establish 
standards 
for 
the 
devices 
based 
on 
performance; 
(B) prohibit a railroad carrier, on or Eifter the date that 
is one year after the regulations are prescribed, from acquiring 
any end-of-train device for use on trains that is not a 2-way 
device meeting the standards established under clause (A) of 
this paragraph; 
(C) require that the trains be equipped with 2-way end-
of-train devices meeting those standards not later than 4 years 
after the regulations are prescribed; and 
(D) provide that any 2-way end-of-train device acquired 
for use on trains before the regulations are prescribed shall 
be deemed to meet the standards. 
(2) The Secretary may consider petitions to amend the regula-
tions prescribed under paragraph (1) of this subsection to allow 
the use of alternative technologies that meet the same basic 
performance requirements established by the regulations. 
(3) In developing the regulations required by paragraph (1) 
of this subsection, the Secretary shall consider information pre-
sented under subsection (a) of this section. 
(c) EXCLUSIONS.—The Secretary may exclude from regulations 
prescribed under subsections (a) and (b) of this section any category 
of trains or rail operations if the Secretary decides that the exclusion 
Public 
is in the public interest and is consistent with railroad safety, 
information. 
The Secretary shall make public the reasons for the exclusion. 
The Secretary at least shall exclude from the regulations prescribed 
under subsection (b)— 
(1) trains that have manned cabooses; 
(2) passenger trains with emergency brakes; 
(3) trains that operate only on track that is not part of 
the general railroad system; 
(4) trains that do not exceed 30 miles an hour and do 
not operate on heavy grades, except for any categories of trains 
specifically designated by the Secretary; and 
(5) trains that operate in a push mode. 
§20142. Track safety 
(a) REVIEW OF EXISTING REGULATIONS.—Not later than March 
3, 1993, the Secretary of Transportation shall begin a review of 
Department of Transportation regulations related to track safety 
standards. The review at least shall include an evaluation o
f
— 
(1) procedures associated with maintaining and installing 
continuous welded rail and its attendant structure; 
(2) the need for revisions to regulations on track excepted 
from track safety standards; and 
(3) employee safety. 
(b) REVISION OP REGULATIONS.—Not later than September 3, 
1994, the Secretary shall prescribe regulations and issue orders 
to revise track safety standards, considering safety information 
presented during the review under subsection (a) of this section 
and the report of the Comptroller General submitted under sub-
section (c) of this section. 
(c) 
COMPTROLLER 
GENERAL'S 
STUDY 
AND 
REPORT.—^The 
Comptroller General shall study the effectiveness of the Secretary's 
enforcement of track safety standards, with particular attention 
108 STAT. 880 
PUBLIC LAW 103-272—JULY 5, 1994 
to recent relevant railroad accident experience and information. 
Not later than September 3, 1993, the Comptroller General shall 
submit a report to Congress and the Secretary on the results 
of the study, with recommendations for improving enforcement of 
those standards. 
§ 20143. Locomotive visibility 
(a) DEFINITION.—In this section, "locomotive visibility" means 
the enhancement of day and night visibility of the front end unit 
of a train, considering in particular the visibility and perspective 
of a driver of a motor vehicle at a grade crossing. 
(b) INTERIM REGULATIONS.—Not later than December 31, 1992, 
the Secretary of Transportation shall prescribe temporary regula-
tions identifying ditch, crossing, strobe, and oscillating lights as 
temporary locomotive visibility measures and authorizing and 
encouraging the installation and use of those lights. Subchapter 
II of chapter 5 of title 5 does not apply to a temporary regulation 
or to an amendment to a temporary regulation. 
(c) REVIEW OF REGULATIONS.—The Secretary shall review the 
Secretary's regulations on locomotive visibility. Not later than 
December 31, 1993, the Secretary shall complete the current 
research of the Department of Transportation on locomotive visi-
bility. In conducting the review, the Secretary shall collect relevant 
information from operational experience by rail carriers using 
enhanced visibility measures. 
(d) REGULATORY PROCEEDING,—Not later than June 30, 1994, 
the Secretary shall begin a regulatory proceeding to prescribe final 
regulations requiring substantially enhanced locomotive visibility 
measures. In the proceeding, the Secretary shall consider at least— 
(1) revisions to the existing locomotive headlight standards, 
including standards for placement and intensity; 
(2) requiring the use of reflective material to enhance loco-
motive visibility; 
(3) requiring the use of additional alerting lights, including 
ditch, crossing, strobe, and oscillating lights; 
(4) requiring the use of auxiliary lights to enhance loco-
motive visibility when viewed from the side; 
(5) the effect of an enhanced visibility measure on the 
vision, health, and safety of train crew members; and 
(6) separate standards for self-propelled, push-pull, and 
multi-unit passenger operations without a dedicated head end 
locomotive. 
(e) FINAL REGULATIONS.—(1) Not later than June 30, 1995, 
the Secretary shall prescribe final regulations requiring enhanced 
locomotive visibility measures. The Secretary shall require that 
not later than December 31, 1997, a locomotive not excluded from 
the regulations be equipped with temporary visibility measures 
under subsection (b) of this section or the visibility measures the 
final regulations require. 
(2) In prescribing regulations under paragraph (1) of this sub-
section, the Secretary may exclude a category of trains or rail 
operations from a specific visibility requirement if the Secretary 
decides the exclusion is in the public interest and is consistent 
with rail safety, including grade-crossing safety. 
(3) A locomotive equipped with temporary visibility measures 
prescribed under subsection (b) of this section when final regulations 
are prescribed under paragraph (1) of this subsection is deemed 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 881 
to be complying with the final regulations for 4 years after the 
final regulations are prescribed. 
§20144. Blue signal protection for on-track vehicles 
Regulations. 
The Secretary of Transportation shall prescribe regulations 
applying blue signal protection to on-track vehicles where rest 
is provided. 
CHAPTER 203—SAFETY APPLIANCES 
Sec. 
20301. Definition and nonapplication. 
20302. General requirements. 
20303. Moving defective and insecure vehicles needing repairs. 
20304. Assumption of risk by employees. 
20305. Inspection of mail cars. 
20306. Exemption for technological improvements. 
§ 20301. DeHnition and nonapplication 
(a) DEFINITION.—In this chapter, "vehicle" means a car, loco-
motive, tender, or similar vehicle. 
(b) NONAPPLICATION.—^This chapter does not apply to the 
following: 
(1) a train of 4-wheel coal cars. 
(2) a train of 8-wheel standard logging cars if the height 
of each car from the top of the rail to the center of the coupling 
is not more than 25 inches. 
(3) a locomotive used in hauling a train referred to in 
clause (2) of this subsection when the locomotive and cars 
of the train are used only to transport logs. 
§ 20302. General requirements 
(a) GENERAL.—Except as provided in subsection (c) of this sec-
tion and section 20303 of this title, a railroad carrier may use 
or allow to be used on any of its railroad lines— 
(1) a vehicle only if it is equipped with— 
(A) couplers coupling automatically by impact, and 
capable of being uncoupled, without the necessity of individ-
uals going between the ends of the vehicles; 
(B) secure sill steps and efficient hand brakes; and 
(C) secure ladders and running boards when required 
by the Secretary of Transportation, and, if ladders are 
required, secure handholds or grab irons on its roof at 
the top of each ladder; 
(2) except as otherwise ordered by the Secretary, a vehicle 
only if it is equipped with secure grab irons or handholds 
on its ends and sides for greater security to individuals in 
coupling and uncoupling vehicles; 
(3) a vehicle only if it complies with the standard height 
of drawbars required by regulations prescribed by the Secretary; 
(4) a locomotive only if it is equipped with a power-driving 
wheel brake and appliances for operating the train-brake sys-
tem; and 
(5) a train only if— 
(A) enough of the vehicles in the train are equipped 
with power or train brakes so that the engineer on the 
locomotive hauling the train can control the train's speed 
without the necessity of brake operators using the common 
hand brakes for that purpose; and 
108 STAT. 882 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) at least 50 percent of the vehicles in the train 
are equipped with power or train brakes and the engineer 
is using the power or train brakes on those vehicles and 
on all other vehicles equipped with them that are associated 
with those vehicles in the train. 
(b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED.— 
A railroad carrier complying with subsection (a)(5)(A) of this section 
may refuse to receive from a railroad line of a connecting railroad 
carrier or a shipper a vehicle that is not equipped with power 
or train brakes that will work and readily interchange with the 
power or train brakes in use on the vehicles of the complying 
railroad carrier. 
(c) COMBINED VEHICLES LOADING AND HAULING LONG COMMOD-
ITIES.—Notwithstanding subsection (a)(1)(B) of this section, when 
vehicles are combined to load and haul long commodities, only 
one of the vehicles must have hand brakes during the loading 
and hauling. 
(d) 
AUTHORITY TO CHANGE REQUIREMENTS.—^The Secretary 
may— 
(1) change the number, dimensions, locations, and manner 
of application prescribed by the Secretary for safety appliances 
required by subsection (a)(1)(B) and (C) and (2) of this section 
only for good cause and after providing an opportunity for 
a full hearing; 
(2) amend regulations for installing, inspecting, maintain-
ing, and repairing power and train brakes only for the purpose 
of achieving safety; and 
(3) increase, after an opportunity for a full hearing, the 
minimum percentage of vehicles in a train that are required 
by subsection (a)(5)(B) of this section to be equipped and used 
with power or train brakes. 
(e) SERVICES OF ASSOCIATION OF AMERICAN RAILROADS.—In 
carrying out subsection (d)(2) and (3) of this section, the Secretary 
may use the services of the Association of American Railroads. 
§20303. Moving defective and insecure vehicles needing 
repairs 
(a) GENERAL,—^A vehicle that is equipped in compliance with 
this chapter whose equipment becomes defective or insecure never-
theless may be moved when necessary to make repairs, without 
a penalty being imposed under section 21302 of this title, from 
the place at which the defect or insecurity was first discovered 
to the nearest available place at which the repairs can be made— 
(1) on the railroad line on which the defect or insecurity 
was discovered; or 
(2) at the option of a connecting railroad carrier, on the 
railroad line of the connecting carrier, if not farther than the 
place of repair described in clause (1) of this subsection. 
(b) USE OF CHAINS INSTEAD OF DRAWBARS,—A vehicle in a 
revenue train or in association with commercially-used vehicles 
may be moved under this section with chains instead of drawbars 
only when the vehicle contains livestock or perishable freight. 
(c) LIABILITY.—^The movement of a vehicle under this section 
is at the risk only of the railroad carrier doing the moving. This 
section does not relieve a carrier from liability in a proceeding 
to recover damages for death or injury of a railroad employee 
arising from the movement of a vehicle with equipment that is 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 883 
defective, insecure, or not maintained in compliance with this 
chapter. 
§ 20304. Assumption of risk by employees 
An employee of a railroad carrier injured by a vehicle or train 
used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of 
this title does not assume the risk of injury resulting from the 
violation, even if the employee continues to be employed by the 
carrier after learning of the violation. 
§ 20305. Inspection of mail cars 
The Secretary of Transportation shall inspect the construction, 
adaptability, design, and condition of mail cars used on railroads 
in the United States. The Secretary shall make a report on the Reports, 
inspection and submit a copy of the report to the United States 
Postal Service. 
§ 20306. Exemption for technological improvements 
(a) GENERAL.—Subject to subsection (b) of this section, the 
Secretary of Transportation may exempt from the requirements 
of this chapter railroad equipment or equipment that will be oper-
ated on rails, when those requirements preclude the development 
or implementation of more efficient railroad transportation equip-
ment or other transportation innovations under existing law. 
(b) CONDITIONS FOR EXEMPTION.—^The Secretary may grant 
an exemption under subsection (a) of this section only on the basis 
of— 
(1) findings based on evidence developed at a hearing; 
or 
(2) an agreement between national railroad labor represent-
atives and the developer of the new equipment or technology. 
CHAPTER 205—SIGNAL SYSTEMS 
Sec. 
20501. Definition. 
20502. Requirements for installation and use. 
20503. Amending regulations and changing requirements. 
20504. Inspection, testing, and investigation. 
20505. Reports of malfunctions and accidents. 
§20501. DeHnition 
In this chapter, "signal system" means a block signal system, 
an interlocking, automatic train stop, train control, or cab-signal 
device, or a similar appliance, method, device, or system intended 
to promote safety in railroad operations. 
§ 20502. Requirements for installation and use 
(a) INSTALLATION.—(1) When the Secretary of Transportation 
decides after an investigation that it is necessary in the public 
interest, the Secretary may order a railroad carrier to install, on 
any part of its railroad line, a signal system that complies with 
requirements of the Secretary. The order must allow the carrier 
a reasonable time to complete the installation. A carrier may dis-
continue or materially alter a signal system required under this 
paragraph only with the approval of the Secretary. 
(2) A railroad carrier ordered under paragraph (1) of this sub-
section to install a signal system on one part of its railroad line 
may not be held negligent for not installing the system on any 
108 STAT. 884 
PUBLIC LAW 103-272—JULY 5, 1994 
part of its line that was not included in the order. If an accident 
or incident occurs on a part of the line on which the signal system 
was not required to be installed and was not installed, the use 
of the system on another part of the line may not be considered 
in a civil action brought because of the accident or incident. 
(b) USE.—^A railroad carrier may allow a signal system to 
be used on its railroad line only when the system, including its 
controlling and operating appurtenances— 
(1) may be operated safely without unnecessary risk of 
personal injury; and 
(2) has been inspected and can meet any test prescribed 
under this chapter. 
§20503. Amending regulations and changing requirements 
The Secretary of Transportation may amend a regulation or 
change a requirement applicable to a railroad carrier for installing, 
maintaining, inspecting, or repairing a signal system under this 
chapter— 
(1) when the carrier files with the Secretary a request 
for the amendment or change and the Secretary approves the 
request; or 
(2) on the Secretary's own initiative for good cause shown. 
§ 20504. Inspection, testing, and investigation 
(a) SYSTEMS IN USE.—(1) The Secretary of Transportation 
may— 
(A) inspect and test a signal system used by a railroad 
carrier; and 
(B) decide whether the system is in safe operating 
condition. 
(2) In carrying out this subsection, the Secretary may employ 
only an individual who— 
(A) has no interest in a patented article required to be 
used on or with a signal system; and 
(B) has no financial interest in a railroad carrier or in 
a concern dealing in railroad supplies. 
(b) SYSTEMS SUBMITTED FOR I^fVESTIGATION AND T E S T I N G . — 
The Secretary may investigate, test, and report on the use of 
and need for a signal system, without cost to the United States 
Government, when the system is submitted in completed shape 
for investigation and testing. 
§ 20505. Reports of malfunctions and accidents 
In the way and to the extent required by the Secretary of 
Transportation, a railroad carrier shall report to the Secretary 
a failure of a signal system to function as intended. If the failure 
results in an accident or incident causing injury to an individual 
or property that is required to be reported under regulations pre-
scribed by the Secretary, the carrier owning or maintaining the 
signal system shall report to the Secretary immediately in writing 
the fact of the accident or incident. 
CHAPTER 207—LOCOMOTIVES 
Sec 
20701. Requirements for use. 
20/01. Kequirements tor use. 
20702. Inspections, repairs, and inspection and repair reports. 
20703. Accident reports and investigations. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 885 
§20701. Requirements for use 
A railroad carrier may use or allow to be used a locomotive 
or tender on its railroad line only when the locomotive or tender 
and its parts and appurtenances— 
(1) are in proper condition and safe to operate without 
unnecessary danger of personal injury; 
(2) have been inspected as required under this chapter 
and regulations prescribed by the Secretary of Transportation 
under this chapter; and 
(3) can withstand every test prescribed by the Secretary 
under this chapter. 
§20702. Inspections, repairs, and inspection and repair 
reports 
(a) GENERAL.—The Secretary of Transportation shall— 
(1) become familiar, so far as practicable, with the condition 
of every locomotive and tender and its parts and appurtenances; 
(2) inspect every locomotive and tender and its parts and 
appurtenances as necessary to carry out this chapter, but not 
necessarily at stated times or at regular intervals; and 
(3) ensure that every railroad carrier makes inspections 
of locomotives and tenders and their parts and appurtenances 
as required by regulations prescribed by the Secretary and 
repairs every defect that is disclosed by an inspection before 
a defective locomotive, tender, part, or appurtenance is used 
again. 
(b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1) 
When the Secretary finds that a locomotive, tender, or locomotive 
or tender part or appurtenance owned or operated by a railroad 
carrier does not comply with this chapter or a regulation prescribed 
under this chapter, the Secretary shall give the carrier written 
notice describing any defect resulting in noncompliance. Not later 
than 5 days after receiving the notice of noncompliance, the carrier 
may submit a written request for a reinspection. On receiving 
the request, the Secretary shall provide for the reinspection by 
an officer or employee of the Department of Transportation who 
did not make the original inspection. The reinspection shall be 
made not later than 15 days after the date the Secretary gives 
the notice of noncompliance. 
(2) Immediately after the reinspection is completed, the Sec-
retary shall give written notice to the railroad carrier stating 
whether the locomotive, tender, part, or appurtenance is in compli-
ance. If the original finding of noncompliance is sustained, the 
carrier has 30 days after receipt of the notice to file an appeal 
with the Secretary. If the carrier files an appeal, the Secretary, 
after providing an opportunity for a proceeding, may revise or 
set aside the finding of noncompliance. 
(3) A locomotive, tender, part, or appurtenance found not in 
compliance under this subsection may be used only after it is— 
(A) repaired to comply with this chapter and regulations 
prescribed under this chapter; or 
(B) found on reinspection or appeal to be in compliance. 
(c) REPORTS.—A railroad carrier shall make and keep, in the 
way the Secretary prescribes by regulation, a report of every— 
(1) inspection made under regulations prescribed by the 
Secretary; and 
(2) repair made of a defect disclosed by such an inspection. 
Notice. 
Regulations. 
108 STAT. 886 
PUBLIC LAW 103-272—JULY 5, 1994 
(d) CHANGES IN INSPECTION PROCEDURES.—A railroad carrier 
may change a rule or instruction of the carrier governing the 
inspection by the carrier of the locomotives and tenders and loco-
motive and tender parts and appurtenances of the carrier when 
the Secretary approves a request filed by the carrier to make 
the change. 
§ 20703. Accident reports and investigations 
(a) ACCIDENT REPORTS AND SCENE PRESERVATION.—When the 
failure of a locomotive, tender, or locomotive or tender part or 
appurtenance results in an accident or incident causing serious 
personal injury or death, the railroad carrier owning or operating 
the locomotive or tender— 
(1) immediately shall file with the Secretary of Transpor-
tation a written statement of the fact of the accident or incident; 
and 
(2) when the locomotive is disabled to the extent it cannot 
be operated under its own power, shall preserve intact all 
parts affected by the accident or incident, if possible without 
interfering with traffic, until an investigation of the accident 
or incident is completed. 
(b) INVESTIGATIONS.—The Secretary shall— 
(1) investigate each accident and incident reported under 
subsection (a) of this section; 
(2) inspect each part affected by the accident or incident; 
and 
(3) make a complete and detailed report on the cause 
of the accident or incident. 
(c) PUBLICATION AND USE OF INVESTIGATION REPORTS.—^When 
the Secretary considers publication to be in the public interest, 
the Secretary may publish a report of an investigation made under 
this section, stating the cause of the accident or incident and 
making appropriate recommendations. No part of a report may 
be admitted into evidence or used in a civil action for damages 
resulting from a matter mentioned in the report. 
CHAPTER 209—ACCIDENTS AND INCIDENTS 
Sec. 
20901. Reports. 
20902. Investigations. 
20903. Reports not evidence in civil actions for damages. 
§20901. Reports 
(a) GENERAL REQUIREMENTS.—^Not later than 30 days after 
the end of each month, a railroad carrier shall file a report with 
the Secretary of Transportation on all accidents and incidents 
resulting in injury or death to an individual or damage to equipment 
or a roadbed arising from the carrier's operations during the month. 
The report shall be under oath and shall state the nature, cause, 
and circumstances of each reported accident or incident. If a railroad 
carrier assigns human error as a cause, the report shall include, 
at the option of each employee whose error is alleged, a statement 
by the employee explaining any factors the employee alleges contrib-
uted to the accident or incident. 
(b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing 
or changing a monetary threshold for the reporting of a railroad 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 887 
accident or incident, the Secretary shall base damage cost calcula-
tions only on publicly available information obtained from— 
(A) the Bureau of Labor Statistics; or 
(B) another department, agency, or instrumentality of the 
United States Government if the information has been collected 
through objective, statistically sound survey methods or has 
been previously subject to a public notice and comment process 
in a proceeding of a Government department, agency, or 
instrumentality. 
(2) If information is not available as provided in paragraph 
(1)(A) or (B) of this subsection, the Secretary may use any other 
source to obtain the information. However, use of the information 
shall be subject to public notice and an opportunity for written 
comment. 
§20902. Investigations 
(a) GENERAL AUTHORITY.—^The Secretary of Transportation, or 
an impartial investigator authorized by the Secretary, may 
investigate— 
(1) an accident or incident resulting in serious injury to 
an individual or to railroad property, occurring on the railroad 
line of a railroad carrier; and 
(2) an accident or incident reported under section 20505 
of this title. 
(b) OTHER DUTIES AND POWERS.—In carrying out an investiga-
tion, the Secretary or authorized investigator may subpena wit-
nesses, require the production of records, exhibits, and other evi-
dence, administer oaths, and take testimony. If the accident or 
incident is investigated by a commission of the State in which 
it occurred, the Secretary, if convenient, shall carry out the inves-
tigation at the same time as, and in coordination with, the commis-
sion's investigation. The railroad carrier on whose railroad line 
the accident or incident occurred shall provide reasonable facilities 
to the Secretary for the investigation. 
(c) REPORTS.—^When in the public interest, the Secretary shall 
make a report of the investigation, stating the cause of the accident 
or incident and making recommendations the Secretary considers 
appropriate. The Secretary shall publish the report in a way the Publication. 
Secretary considers appropriate. 
§20903. Reports not evidence in civil actions for damages 
No part of an accident or incident report filed by a railroad 
carrier under section 20901 of this title or made by the Secretary 
of Transportation under section 20902 of this title may be used 
in a civil action for damages resulting from a matter mentioned 
in the report. 
CHAPTER 211—HOURS OF SERVICE 
Sec. 
21101. Definitions. 
21102. Nonapplication and exemption. 
21103. Limitations on duty hours of train employees. 
21104. Limitations on duty hours of signal employees. 
21105. Limitations on duty hoiu-s of dispatching service employees. 
21106. Limitations on employee sleeping quarters. 
21107. Maximum duty hours and subjects of collective bargaining. 
108 STAT. 888 
PUBLIC LAW 103-272—JULY 5, 1994 
§21101. Definitions 
In this chapter— 
(1) "designated terminal" means the home or away-from-
home terminal for the assignment of a particular crew. 
(2) "dispatching service employee" means an operator, train 
dispatcher, or other train employee who by the use of an 
electrical or mechanical device dispatches, reports, transmits, 
receives, or delivers orders related to or affecting train move-
ments. 
(3) "employee" means a dispatching service employee, a 
signal employee, or a train employee. 
* 
(4) "signal employee" means an individual employed by 
' 
a railroad carrier who is engaged in installing, repairing, or 
maintaining signal systems. 
(5) "train employee" means an individual engaged in or 
connected with the movement of a train, including a hostler. 
§21102. Nonapplication and exemption 
(a) GENERAL.—This chapter does not apply to a situation involv-
ing any of the following: 
(1) a casualty. 
(2) an unavoidable accident. 
(3) an act of God. 
(4) a delay resulting from a cause unknown and unforesee-
able to a railroad carrier or its officer or agent in charge 
of the employee when the employee left a terminal. 
(b) EXEMPTION.—The Secretary of Transportation may exempt 
a railroad carrier having not more than 15 employees covered 
by this chapter from the limitations imposed by this chapter. The 
Secretary may allow the exemption after a full hearing, for good 
cause shown, and on deciding that the exemption is in the public 
interest and will not affect safety adversely. The exemption shall 
be for a specific period of time and is subject to review at least 
annually. The exemption may not authorize a carrier to require 
or allow its employees to be on duty more than a total of 16 
hours in a 24-hour period. 
§ 21103. Limitations on duty hours of train employees 
(a) GENERAL.—Except as provided in subsection (c) of this sec-
tion, a railroad carrier and its officers and agents may not require 
or allow a train employee to remain or go on duty— 
(1) unless that employee has had at least 8 consecutive 
hours off duty during the prior 24 hours; or 
(2) after that employee has been on duty for 12 consecutive 
hours, until that employee has had at least 10 consecutive 
hours off duty. 
(b) DETERMINING TIME ON DUTY.—In determining under sub-
section (a) of this section the time a train employee is on or 
off duty, the following rules apply: 
(1) Time on duty begins when the employee reports for 
duty and ends when the employee is finally released from 
duty. 
(2) Time the employee is engaged in or connected with 
the movement of a train is time on duty. 
(3) Time spent performing any other service for the railroad 
carrier during a 24-hour period in which the employee is 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 889 
engaged in or connected with the movement of a train is time 
on duty. 
(4) Time spent in deadhead transportation to a duty assign-
ment is time on duty, but time spent in deadhead transportation 
from a duty assignment to the place of final release is neither 
time on duty nor time off duty. 
(5) An interim period available for rest at a place other 
than a designated terminal is time on duty. 
(6) An interim period available for less than 4 hours rest 
at a designated terminal is time on duty. 
(7) An interim period available for at least 4 hours rest 
at a place with suitable facilities for food and lodging is not 
time on duty when the employee is prevented from getting 
to the employee's designated terminal by any of the following: 
(A) a casualty. 
(B) a track obstruction. 
(C) an act of Grod. 
(D) a derailment or major equipment failure resulting 
from a cause that was unknown and unforeseeable to the 
railroad carrier or its officer or agent in charge of that 
employee when that employee left the designated terminal. 
(c) EMERGENCIES.—^A train employee on the crew of a wreck 
or relief train may be allowed to remain or go on duty for not 
more than 4 additional hours in any period of 24 consecutive hours 
when an emergency exists and the work of the crew is related 
to the emergency. In this subsection, an emergency ends when 
the track is cleared and the railroad line is open for traffic. 
§ 21104. Limitations on duty hours of signal employees 
(a) GENERAL.—(1) In paragraph (2)(C) of this subsection, "24-
hour period" means the period beginning when a signal employee 
reports for duty immediately after 8 consecutive hours off duty 
or, when required under paragraph (2)(B) of this subsection, after 
10 consecutive hours off duty. 
(2) Except as provided in subsection (c) of this section, a railroad 
carrier and its officers and agents may not require or allow a 
signal employee to remain or go on duty— 
(A) unless that employee has had at least 8 consecutive 
hours off duty during the prior 24 hours; 
(B) after that employee has been on duty for 12 consecutive 
hours, until that employee has had at least 10 consecutive 
hours off duty; or 
(C) after that employee has been on duty a total of 12 
hours during a 24-hour period, or after the end of that 24-
hour period, whichever occurs first, until that employee has 
had at least 8 consecutive hours off duty. 
(b) DETERMINING TIME ON DUTY.—In determining under sub-
section (a) of this section the time a signal employee is on duty 
or off duty, the following rules apply: 
(1) Time on duty begins when the employee reports for 
duty and ends when the employee is finally released from 
duty. 
(2) Time spent performing any other service for the railroad 
carrier during a 24-hour period in which the employee is 
engaged in installing, repairing, or maintaining signal systems 
is time on duty. 
108 STAT. 890 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) Time spent returning from a trouble call, whether the 
employee goes directly to the employee's residence or by way 
of the employee's headquarters, is neither time on duty nor 
time off duty, except that up to one hour of that time spent 
returning from the final trouble call of a period of continuous 
or broken service is time off duty. 
(4) If, at the end of scheduled duty hours, an employee 
has not completed the trip from the final outlying worksite 
of the duty period to the employee's headquarters or directly 
to the employee's residence, the time after the scheduled duty 
hours necessarily spent in completing the trip to the residence 
or headquarters is neither time on duty nor time off duty. 
(5) If an employee is released from duty at an outlying 
worksite before the end of the employee's scheduled duty hours 
to comply with this section, the time necessary for the trip 
from the worksite to the employee's headquarters or directly 
to the employee's residence is neither time on duty nor time 
off duty. 
(6) Time spent in transportation on an ontrack vehicle, 
including time referred to in paragraphs (3)-(5) of this sub-
section, is time on duty. 
(7) A regularly scheduled meal period or another release 
period of at least 30 minutes but not more than one hour 
is time off duty and does not break the continuity of service 
of the employee under this section, but a release period of 
more than one hour is time off duty and does break the continu-
ity of service. 
(c) EMERGENCIES.—^A signal employee may be allowed to remain 
or go on duty for not more than 4 additional hours in any period 
of 24 consecutive hours when an emergency exists and the work 
of that employee is related to the emergency. In this subsection, 
an emergency ends when the signal system is restored to service, 
§21105. Limitations on duty hours of dispatching service 
employees 
(a) APPLICATION.—^This section applies, rather than section 
21103 or 21104 of this title, to a train employee or signal employee 
during any period of time the employee is performing duties of 
a dispatching service employee. 
(b) GENERAL.—Except as provided in subsection (d) of this 
section, a dispatching service employee may not be required or 
allowed to remain or go on duty for more than— 
(1) a total of 9 hours during a 24-hour period in a tower, 
office, station, or place at which at least 2 shifts are employed; 
or 
(2) a total of 12 hours during a 24-hour period in a tower, 
office, station, or place at which only one shift is employed. 
(c) DETERMINING T^ME ON DUTY.—Under subsection (b) of this 
section, time spent performing any other service for the railroad 
carrier during a 24-hour period in which the employee is on duty 
in a tower, office, station, or other place is time on duty in that 
tower, office, station, or place. 
(d) EMERGENCIES.—^When an emergency exists, a dispatching 
service employee may be allowed to remain or go on duty for 
not more than 4 additional hours during a period of 24 consecutive 
hours for not more than 3 days during a period of 7 consecutive 
days. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 891 
§ 21106. Limitations on employee sleeping quarters 
A railroad carrier and its officers and agents— 
(1) may provide sleeping quarters (including crew quarters, 
camp or bunk cars, and trailers) for employees, and any individ-
uals employed to maintain the right of way of a railroad carrier, 
only if the sleeping quarters are clean, safe, and sanitary and 
give those employees and individuals an opportunity for rest 
free from the interruptions caused by noise under the control 
of the carrier; and 
(2) may not begin, after July 7, 1976, construction or 
reconstruction of sleeping quarters referred to in clause (1) 
of this section in an area or in the immediate vicinity of 
an area, as determined under regulations prescribed by the 
Secretary of Transportation, in which railroad switching or 
humping operations are performed. 
§21107. Maximum duty hours and subjects of collective 
bargaining 
The number of hours established by this chapter that an 
employee may be required or allowed to be on duty is the maximum 
number of hours consistent with safety. Shorter hours of service 
and time on duty of an employee are proper subjects for collective 
bargaining between a railroad carrier and its employees. 
CHAPTER 213—PENALTIES 
SUBCHAPTER I—CIVIL PENALTIES 
Sec. 
21301. Chapter 201 general •'/iolations. 
21302. Chapter 201 accident and incident violations and chapter 203-209 viola-
tions. 
21303. Chapter 211 violations. 
21304. Willfulness requirement for penalties against individuals. 
SUBCHAI'TER II—CRIMINAL PENALTIES 
21311. Records and reports. 
SUBCHAPTER I—CIVIL PENALTIES 
§ 21301. Chapter 201 general violations 
(a) PENALTY.—(1) Subject to section 21304 of this title, a person 
violating a regulation prescribed or order issued by the Secretary 
of Transportation under chapter 201 of this title is liable to the 
United States Government for a civil penalty. The Secretary shall 
impose the penalty applicable under paragraph (2) of this sub-
section. A separate violation occurs for each day the violation contin-
ues. 
(2) The Secretary shall include in, or make applicable to, each 
regulation prescribed and order issued under chapter 201 of this 
title a civil penalty for a violation. The amount of the penalty 
shall be at least $500 but not more than $10,000. However, when 
a grossly negligent violation or a pattern of repeated violations 
has caused an imminent hazard of death or injury to individuals, 
or has caused death or injury, the amount may be not more than 
$20,000. 
(3) The Secretary may compromise the amount of a civil penalty 
imposed under this subsection to not less than $500 before referring 
the matter to the Attorney General for collection. In determining 
the amount of a compromise, the Secretary shall consider— 
108 STAT. 892 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) the nature, circumstances, extent, and gravity of the 
violation; 
(B) with respect to the violator, the degree of culpability, 
any history of violations, the ability to pay, and any effect 
on the ability to continue to do business; and 
(C) other matters that justice requires. 
(b) SETOFF.—^The Government may deduct the amount of a 
civil penalty imposed or compromised under this section from 
amounts it owes the person liable for the penalty. 
(c) DEPOSIT IN TREASURY.—^A civil penalty collected under this 
section or section 20113(b) of this title shall be deposited in the 
Treasury as miscellaneous receipts. 
§21302. Chapter 201 accident and incident violations and 
chapter 203-209 violations 
(a) PENALTY.—(1) Subject to section 21304 of this title, a person 
violating a regulation prescribed or order issued under chapter 
201 of this title related to accident and incident reporting or inves-
tigation, or violating chapters 203-209 of this title or a regulation 
or requirement prescribed or order issued under chapters 203-
209, is liable to the United States Grovernment for a civil penalty. 
An act by an individual that causes a railroad carrier to be in 
violation is a violation. A separate violation occurs for each day 
the violation continues. 
(2) The Secretary of Transportation imposes a civil penalty 
under this subsection. The amount of the penalty shall be at least 
$500 but not more than $10,000. However, when a grossly negligent 
violation or a pattern of repeated violations has caused an imminent 
hazard of death or injury to individuals, or has caused death or 
injury, the amount may be not more than $20,000. 
(3) The Secretary may compromise the amount of the civil 
penalty under section 3711 of title 31. In determining the amount 
of a compromise, the Secretary shall consider— 
(A) the nature, circumstances, extent, and gravity of the 
violation; 
(B) with respect to the violator, the degree of culpability, 
any history of violations, the ability to pay, and any effect 
on the ability to continue to do business; and 
(C) other matters that justice requires. 
(4) If the Secretary does not compromise the amount of the 
civil penalty, the Secretary shall refer the matter to the Attorney 
General for collection. 
(b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall 
bring a civil action in a district court of the United States to 
collect a civil penalty that is referred to the Attorney Greneral 
for collection under subsection (a) of this section. The action may 
be brought in the judicial district in which the violation occurred 
or the defendant has its principal executive office. If the action 
is against an individual, the action also may be brought in the 
judicial district in which the individual resides. 
§21303. Chapter 211 violations 
(a) PENALTY.—(1) Subject to section 21304 of this title, a person 
violating chapter 211 of this title is liable to the United States 
Government for a civil penalty. An act by an individual that causes 
a railroad carrier to be in violation is a violation. For a violation 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 893 
of section 21106 of this title, a separate violation occurs for each 
day a facility is not in compliance. 
(2) The Secretary of Transportation imposes a civil penalty 
under this subsection. The amount of the penalty shall be at least 
$500 but not more than $10,000. However, when a grossly negligent 
violation or a pattern of repeated violations has caused an imminent 
hazard of death or injury to individuals, or has caused death or 
injury, the amount may be not more than $20,000. 
(3) The Secretary may compromise the amount of the civil 
penalty under section 3711 of title 31. In determining the amount 
of a compromise, the Secretary shall consider— 
(A) the nature, circumstances, extent, and gravity of the 
violation; 
(B) with respect to the violator, the degree of culpability, 
any history of violations, the ability to pay, and any effect 
on the ability to continue to do business; and 
(C) other matters that justice requires. 
(4) If the Secretary does not compromise the amount of the 
civil penalty, the Secretary shall refer the matter to the Attorney 
General for collection. 
(b) CIVIL ACTIONS TO COLLECT.—(1) The Attorney General shall 
bring a civil action in a district court of the United States to 
collect a civil penalty that is referred to the Attorney General 
for collection under subsection (a) of this section after satisfactory 
information is presented to the Attorney Greneral. The action may 
be brought in the judicial district in wnich the violation occurred 
or the defendant has its principal executive office. If the action 
is against an individual, the action also may be brought in the 
judicial district in which the individual resides. 
(2) A civil action under this subsection must be brought not 
later than 2 years after the date of the violation unless administra-
tive notification under section 3711 of title 31 is given within 
that 2-year period to the person committing the violation. However, 
even if notification is given, the action must be brought within 
the period specified in section 2462 of title 28. 
(c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this 
section, a railroad carrier is deemed to know the acts of its officers 
and agents. 
§21304. Willfulness 
requirement 
for 
penalties 
against 
individuals 
A civil penalty under this subchapter may be imposed against 
an individual only for a willful violation. An individual is deemed 
not to have committed a willful violation if the individual was 
following the direct order of a railroad carrier official or supervisor 
under protest communicated to the official or supervisor. The 
individual is entitled to document the protest. 
SUBCHAPTER II—CRIMINAL PENALTIES 
§21311. Records and reports 
(a) RECORDS AND REPORTS UNDER CHAPTER 201.—-A person 
shall be fined under title 18, imprisoned for not more than 2 
years, or both, if the person knowingly and willfully— 
(1) makes a false entry in a record or report required 
to be made or preserved under chapter 201 of this title; 
108 STAT. 894 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) destroys, mutilates, changes, or by another means fal-
sifies such a record or report; 
(3) does not enter required specified facts and transactions 
in such a record or report; 
(4) makes or preserves such a record or report in violation 
of a regulation prescribed or order issued under chapter 201 
of this title; or 
(5) files a false record or report with the Secretary of 
Transportation. 
(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not 
filing the report required by section 20901 of this title shall be 
fined not more than $500 for each violation and not more than 
$500 for each day during which the report is overdue. 
PART B—ASSISTANCE 
CHAPTER 221—LOCAL RAIL FREIGHT ASSISTANCE 
Sec. 
22101. Financial assistance for State projects. 
22102. Eligibility. 
22103. Applications. 
22104. State rail plan financing. 
22105. Sharing project costs. 
= 
22106. Limitations on financial assistance. 
22107.. Records, audits, and information. 
22108. Authorization of appropriations. 
§ 22101. Financial assistance for State projects 
(a) GENERAL.—The Secretary of Transportation shall provide 
financial assistance to a State, as provided under this chapter, 
for a rail freight assistance project of the State when a rail carrier 
subject to subchapter I of chapter 105 of this title maintains a 
rail line in the State. The assistance is for the cost o
f
— 
(1) acquiring, in any way the State considers appropriate, 
an interest in a rail line or rail property to maintain existing, 
or to provide future, rail freight transportation, but only if 
the Interstate Commerce Commission has authorized, or 
exempted from the requirements of that authorization, the 
abandonment of, or the discontinuance of rail transportation 
on, the rail line related to the project; 
(2) improving and rehabilitating rail property on a rail 
line to the extent necessary to allow adequate and efficient 
rail freight transportation on the line, but only if the rail 
carrier certifies that the rail line related to the project carried 
not more than 5,000,000 gross ton-miles of freight a mile in 
the prior year; and 
(3) building rail or rail-related facilities (including new 
connections between at least 2 existing rail lines, intermodal 
freight terminals, sidings, bridges, and relocation of existing 
lines) to improve the quality and efficiency of the rail freight 
transportation, but only if the rail carrier certifies that the 
rail line related to the project carried not more than 5,000,000 
gross ton-miles of freight a mile in the prior year. 
(b) CALCULATING COST-BENEFIT RATIO.—^The Secretary shall 
establish a methodology for calculating the ratio of benefits to 
costs of projects proposed under this chapter. In establishing the 
methodology, the Secretary shall consider the need for equitable 
treatment of different regions of the United States and different 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 895 
commodities transported by rail. The establishment of the methodol-
ogy is committed to the discretion of the Secretary. 
(c) CONDITIONS.—(1) Assistance for a project shall be provided 
under this chapter only if— 
(A) a rail carrier certifies that the rail line related to 
the project carried more than 20 carloads a mile during the 
most recent year during which transportation was provided 
by the carrier on the line; and 
(B) the ratio of benefits to costs for the project, as calculated 
using the methodology established under subsection (b) of this 
section, is more than 1.0. 
(2) If the rail carrier that provided the transportation on the 
rail line is no longer in existence, the applicant for the project 
shall provide the information required by the certification under 
paragraph (1)(A) of this subsection in the way the Secretary 
prescribes. 
(3) The Secretary may waive the requirement of paragraph 
(1)(A) or (2) of this subsection if the Secretary— 
(A) decides that the rail line has contractual guarantees 
of at least 40 carloads a mile for each of the first 2 years 
of operation of the proposed project; and 
(B) finds that there is a reasonable expectation that the 
contractual guarantees will be fulfilled. 
(d) LIMITATIONS ON ^^MOUNTS.—^A State may not receive more 
than 15 percent of the amounts provided in a fiscal year under 
this chapter. Not more than 20 percent of the amounts available 
under this chapter may be provided in a fiscal year for any one 
project. 
§22102. Eligibility 
A State is eligible to receive financial assistance under this 
chapter only when the State complies with regulations the Secretary 
of Transportation prescribes under this chapter and the Secretary 
decides that— 
(1) the State has an adequate plan for rail transportation 
in the State and a suitable process for updating, revising, 
and modifying the plan; 
(2) the State plan is administered or coordinated by a 
designated State authority and provides for a fair distribution 
of resources; 
(3) the State authority— 
(A) is authorized to develop, promote, supervise, and 
support safe, adequate, and efficient rail transportation; 
(B) employs or will employ sufficient qualified and 
trained personnel; 
(C) maintains or will maintain adequate programs of 
investigation, research, promotion, and development with 
opportunity for public participation; and 
(D) is designated and directed to take all practicable 
steps (by itself or with other State authorities) to improve 
rail transportation safety and reduce energy use and pollu-
tion related to transportation; and 
(4) the State has ensured that it maintains or will maintain 
adequate procedures for financial control, accounting, and 
performance evaluation for the proper use of assistance pro-
vided by the United States Government. 
108 STAT. 896 
PUBLIC LAW 103-272—JULY 5, 1994 
§22103. Applications 
(a) FILING.—^A State must file an application with the Secretary 
of Transportation for financial assistance for a project described 
under section 22101(a) of this title not later than January 1 of 
the fiscal year for which amounts have been appropriated. However, 
for a fiscal year for which the authorization of appropriations for 
assistance under this chapter has not been enacted by the first 
day of the fiscal year, the State must file the application not 
later than 90 days after the date of enactment of a law authorizing 
the appropriations for that fiscal year. The Secretary shall prescribi 
the form of the application. 
(b) CONSIDERATIONS.—In considering an application under this 
subsection, the Secretary shall consider the following: 
(1) the percentage of rail lines that rail carriers have identi-
fied to the Interstate Commerce Commission for abandonment 
or potential abandonment in the State. 
(2) the likelihood of future abandonments in the State. 
(3) the ratio of benefits to costs for a proposed project 
calculated using the methodology established under section 
22101(b) of this title. 
(4) the likelihood that the rail line will continue operating 
with assistance. 
(5) the impact of rail bankruptcies, rail restructuring, and 
rail mergers on the State. 
§ 22104. State rail plan financing 
(a) ENTITLEMENT AND USES.—On the first day of each fiscal 
year, each State is entitled to $36,000 of the amounts made avail-
able under section 22108 of this title during that fiscal year to 
be used— 
(1) to establish, update, revise, and modify the State plan 
required by section 22102 of this title; or 
(2) to carry out projects described in section 22101(a)(1), 
(2), or (3) of this title, as designated by the State, if those 
projects meet the requirements of section 22101(c)(1)(B) of this 
title. 
(b) APPLICATIONS.—Each State must apply for amounts under 
this section not later than the first day of the fiscal year for 
which the amounts are available. However, for any fiscal year 
for which the authorization of appropriations for financial assistance 
under this chapter has not been enacted by the first day of the 
fiscal year, the State must apply for amounts under this section 
not later than 60 days after the date of enactment of a law authoriz-
ing the appropriations for that fiscal year. Not later than 60 days 
after receiving an application, the Secretary of Transportation shall 
consider the application and notify the State of the approval or 
disapproval of the application. 
(c) AVAILABILITY OF AMOUNTS.—^Amounts provided under this 
section remain available to a State for obligation for the first 
3 months after the end of the fiscal year for which the amounts 
were made available. Amounts not applied for under this section 
or that remain unobligated after the first 3 months after the end 
of the fiscal year for which the amounts were made available 
are available to the Secretary for projects meeting the requirements 
of this chapter. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 897 
§22105. Sharing project costs 
(a) GENERAL,—(1) The United States Government's share of 
the costs of financial assistance for a project under this chapter 
is 50 percent, except that for assistance provided under section 
22101(a)(2) of this title, the Government's share is 70 percent. 
The State may pay its share of the costs in cash or through the 
following benefits, to the extent that the benefits otherwise would 
not be provided: 
(A) forgiveness of taxes imposed on a rail carrier or its 
property. 
(B) real and tangible personal property (provided by the 
State or a person for the State) necessary for the safe and 
efficient operation of rail freight transportation. 
(C) track rights secured by the State for a rail carrier. 
(D) the cash equivalent of State salaries for State employees 
working on the State project, except overhead and general 
administrative costs. 
(2) A State may pay more than its required percentage share 
of the costs of a project under this chapter. When a State, or 
a person acting for a State, pays more than the State share of 
the costs of its projects during a fiscal year, the excess amount 
shall be applied to the State share for the costs of the State 
projects for later fiscal years. 
(b) AGREEMENTS TO COMBINE AMOUNTS.—States may agree 
to combine any part of the amounts made available under this 
chapter to carry out a project that is eligible for assistance under 
this chapter when— 
(1) the project will benefit each State making the agree-
ment; and 
(2) the agreement is not a violation of State law. 
§ 22106. Limitations on Hnancial assistance 
(a) GRANTS AND LOA^S.—^A State shall use financial assistance 
for projects under this chapter to make a grant or lend money 
to the owner of rail property, or a rail carrier providing rail 
transportation, related to a project being assisted. The State shall 
decide on the financial terms of the grant or loan, except that 
the time for making grant advances shall coijiply with regulations 
of the Secretary of the Treasury. 
(b) HOLDING AND USE OF GOVERNMENT'S SHARE.—The State 
shall place the United States Government's share of money that 
is repaid in an interest-bearing account. However, the Secretary 
of Transportation may allow a borrower to place that money, for 
the benefit of the State, in a bank designated by the Secretary 
of the Treasury under section 10 of the Act of June 11, 1942 
(12 U.S.C. 265). The State shall use the money and accumulated 
interest to make other grants and loans under this chapter. 
(c) 
PAYMENT 
OF 
UNUSED 
MONEY 
AND 
ACCUMULATED 
INTEREST.—The State may pay the Secretary of Transportation 
the Government's share of unused money and accumulated interest 
at any time. However, the State must pay the unused money 
and accumulated interest to the Secretary when the State ends 
its participation under this chapter. 
(d) ENCOURAGING PARTICIPATION.—^To the maximum extent pos-
sible, the State shall encourage the participation of shippers, rail 
carriers, and local communities in paying the State share of assist-
ance costs. 
108 STAT. 898 
PUBLIC LAW 103-272—JULY 5, 1994 
(e) RETENTION OF CONTINGENT INTEREST.—Each State shall 
retain a contingent interest (redeemable preference shares) for the 
Government's share of amounts in a rail line receiving assistance 
under this chapter. The State may collect its share of the amounts 
used for the rail line if— 
(1) an application for abandonment of the rail line is filed 
under chapter 109 of this title; or 
(2) the rail line is sold or disposed of after it has received 
assistance under this chapter. 
§ 22107. Records, audits, and information 
(a) RECORDS.—Each recipient of financial assistance through 
an arrangement under this chapter shall keep records required 
by the Secretary of Transportation. The records shall be kept for 
3 years after a project is completed and shall disclose— 
(1) the amount of, and disposition by the recipient, of 
the assistance; 
(2) the total costs of the project for which the assistance 
was given or used; 
(3) the amount of that part of the costs of the project 
paid by other sources; and 
(4) any other records that will make an effective audit 
easier. 
(b) AUDITS.—^The Secretary and the Comptroller General shall 
make regular financial and performance audits, as provided under 
chapter 75 of title 31, of activities and transactions assisted under 
this chapter. 
(c) INFORMATION.—^The Interstate Commerce Commission shall 
provide the Secretary with information the Secretary requests to 
assist in carrying out this chapter. The Commission shall provide 
the information not later than 30 days after receiving a request 
from the Secretary. 
(d) LIST OF RAIL LINES.—Not later than August 1 of each 
year, each rail carrier subject to subchapter I of chapter 105 of 
this title shall submit to the Secretary a list of the rail lines 
of the carrier that carried not more than 5,000,000 gross ton-
miles of freight a mile in the prior year. 
§ 22108. Authorization of appropriations 
(a) GENERAL.—(1) Not more than the following amounts may 
be appropriated to the Secretary of Transportation to carry out 
this chapter: 
(A) $25,000,000 for the fiscal year ending September 30, 
1993 
(B) $30,000,000 for the fiscal year ending September 30, 
1994. 
(2) Amounts appropriated under paragraph (1) of this sub-
section remain available until expended. 
(3) No amount may be appropriated to the Secretary for any 
period after September 30, 1994, to carry out this chapter. 
(b) DISTRIBUTION OF AMOUNTS.—^The Secretary shall establish 
procedures necessary to ensure that amounts available to the Sec-
retary for projects under this chapter are distributed not later 
than April 1 of the fiscal year for which the amounts are appro-
Reports, 
priated. If any amounts are not distributed by April 1, the Secretary 
shall report to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 899 
and Transportation of the Senate on the status of those amounts 
and the reasons for the delay in distribution. 
(c) AVAILABILITY OF OTHER AMOUNTS.—Amounts appropriated 
to carry out section 5(i) of the Department of Transportation Act 
for fiscal year 1990 that are not applied for or that remain unobli-
gated on January 1, 1991, are available to the Secretary for projects 
under this chapter. 
PART 
C—PASSENGER 
TRANSPORTATION 
CHAPTER 
241—GENERAL 
Sec. 
24101. Findings, ptirpose, and goals. 
24102. Definitions. 
24103. Enforcement. 
24104. Authorization of appropriations. 
§ 24101. Findings, purpose, and goals 
(a) FINDINGS.—(1) Public convenience and necessity require 
that Amtrak, to the extent its budget allows, provide modern, 
cost-efficient, and energy-efficient intercity rail passenger transpor-
tation between crowded urban areas and in other areas of the 
United States. 
(2) Rail passenger transportation can help alleviate overcrowd-
ing of airways and airports and on highways. 
(3) A traveler in the United States should have the greatest 
possible choice of transportation most convenient to the needs of 
the traveler. 
(4) A greater degree of cooperation is necessary among Amtrak, 
other rail carriers, State, regional, and local governments, the pri-
vate sector, labor organizations, and suppliers of services and equip-
ment to Amtrak to achieve a performance level sufficient to justify 
expending public money. 
(5) Modem and efficient commuter rail passenger transpor-
tation is important to the viability and well-being of major urban 
areas and to the energy conservation and self-sufficiency goals 
of the United States. 
(6) As a rail passenger transportation entity, Amtrak should 
be available to operate commuter rail passenger transportation 
through its subsidiary, i^^ntrak Commuter, under contract with 
commuter authorities that do not provide the transportation them-
selves as part of the governmental function of the State. 
(7) The Northeast Corridor is a valuable resource of the United 
States used by intercity and commuter rail passenger transportation 
and freight transportation. 
(8) Greater coordination between intercity and commuter rail 
passenger transportation is required. 
(b) PURPOSE.—By using innovative operating and marketing 
concepts, Amtrak shall provide intercity and commuter rail pas-
senger transportation that completely develops the potential of mod-
ern rail transportation to meet the intercity and commuter 
passenger transportation needs of the United States. 
(c) GOALS.—Amtrak shall— 
(1) use its best business judgment in acting to minimize 
United States Government subsidies, including— 
(A) increasing fares; 
(B) increasing revenue from the transportation of mail 
and express; 
108 STAT. 900 
PUBLIC LAW 103-272—JULY 5, 1994 
(C) reducing losses on food service; 
(D) improving its contracts with operating rail carriers; 
(E) reducing management costs; and 
(F) increasing employee productivity; 
(2) minimize Government subsidies by encouraging State, 
regional, and local governments and the private sector to share 
the cost of providing rail passenger transportation, including 
the cost of operating facilities; 
(3) carry out strategies to achieve immediately maximum 
productivity and efficiency consistent with safe and efficient 
transportation; 
(4) operate Amtrak trains, to the maximum extent feasible, 
to all station stops within 15 minutes of the time established 
in public timetables; 
(5) develop transportation on rail corridors subsidized by 
States and private parties; 
(6) implement schedules based on a systemwide average 
speed of at least 60 miles an hour that can be achieved with 
a degree of reliability and passenger comfort; 
(7) encourage rail carriers to assist in improving intercity 
rail passenger transportation; 
(8) improve generally the performance of Amtrak through 
comprehensive and systematic operational programs 
and 
employee incentives; 
(9) carry out policies that ensure equitable access to the 
Northeast Corridor by intercity and commuter rail passenger 
transportation; 
(10) coordinate the uses of the Northeast Corridor, particu-
larly intercity and commuter rail passenger transportation; and 
(11) maximize the use of its resources, including the most 
cost-effective use of employees, facilities, and real property. 
(d) MINIMIZING GOVERNMENT SUBSIDIES.—^To carry out sub-
section (c)(ll) of this section, Amtrak is encouraged to make agree-
ments with the private sector and undertake initiatives that are 
consistent with good business judgment and designed to maximize 
its revenues and minimize Government subsidies. 
§24102. DeHnitions 
In this part— 
(1) "auto-ferry transportation" means intercity rail pas-
senger transportation— 
(A) of automobiles or recreational vehicles and their 
occupants; and 
(B) when space is available, of used unoccupied 
vehicles. 
(2) "avoidable loss" means the avoidable costs of providing 
rail passenger transportation, less revenue attributable to the 
transportation, as determined by the Interstate Commerce 
Commission under section 553 of title 5. 
(3) "basic system" means the system of intercity rail pas-
senger transportation designated by the Secretary of Transpor-
tation under section 4 of the Amtrak Improvement Act of 1978 
and approved by Congress, and transportation required to be 
provided under section 24705(a) of this title and section 4(g) 
of the Act, including changes in the system or transportation 
that Amtrak makes using the route and service criteria. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 901 
(4) "commuter authority" means a State, local, or regional 
entity established to provide, or make a contract providing 
for, commuter rail passenger transportation. 
(5) "commuter rail passenger transportation" means short-
haul rail passenger transportation in metropolitan and subur-
ban areas usually having reduced fare, multiple-ride, and 
commuter tickets jmd morning and evening peak period 
operations. 
(6) "intercity rail passenger transportation" means rail pas-
senger 
transportation, 
except 
commuter 
rail 
passenger 
transportation. 
(7) "Northeast Corridor" means Connecticut, Delaware, the 
District of Columbia, Maryland, Massachusetts, New Jersey, 
New York, Pennsylvania, and Rhode Island. 
(8) "rail carrier" means a person providing rail transpor-
tation for compensation. 
(9) "rate" means a rate, fare, or charge for rail transpor-
tation. 
(10) "regional transportation authority" means an entity 
established to provide passenger transportation in a region. 
(11) "route and service criteria" means the criteria and 
procedures for making route and service decisions established 
under section 404(c)(l)-(3)(A) of the Rail Passenger Service 
Act. 
§24103. Enforcement 
(a) GENERAL.—(1) Except as provided in paragraph (2) of this 
subsection, only the Attorney General may bring a civil action 
for equitable relief in a district court of the United States when 
Amtrak or a rail carrier— 
(A) engages in or adheres to an action, practice, or policy 
inconsistent with this part; 
(B) obstructs or interferes with an activity authorized under 
this part; 
(C) refuses, fails, or neglects to discharge its duties and 
responsibilities under this part; or 
(D) threatens— 
(i) to engage in or adhere to an action, practice, or 
policy inconsistent with this part; 
(ii) to obstruct or interfere with an activity authorized 
by this part; or 
(iii) to refuse, fail, or neglect to discharge its duties 
and responsibilities under this part. 
(2) An employee affected by any conduct or threat referred 
to in paragraph (1) of this subsection, or an authorized employee 
representative, may bring the civil action if the conduct or threat 
involves a labor agreement. 
(b) REVIEW OF DISCONTINUANCE OR REDUCTION.—^A discontinu-
ance of a route, a train, or transportation, or a reduction in the 
frequency of transportation, by Amtrak is reviewable only in a 
civil action for equitable relief brought by the Attorney General. 
(c) VENUE.—Except as otherwise prohibited by law, a civil 
action under this section may be brought in the judicial district 
in which Amtrak or the rail carrier resides or is found. 
108 STAT. 902 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 24104. Authorization of appropriations 
(a) CAPITAL ACQUISITION AND CORRIDOR DEVELOPMENT.—(1) 
Not more than $250,000,000 may be appropriated to the Secretary 
of Transportation for each of the fiscal years ending September 
30, 1993, and September 30, 1994, for the benefit of Amtrak to 
make capital expenditures under chapters 243-247 of this title. 
(2) In addition to amounts that may be appropriated under 
section 24909 of this title, not more than the following amounts 
may be appropriated to the Secretary for the benefit of Amtrak 
to make capital expenditures under chapter 249 of this title: 
(A) $220,000,000 for the fiscal year ending September 30, 
1993. 
(B) $250,000,000 for the fiscal year ending September 30, 
1994. 
(3)(A) Not more than 15 percent of each of the amounts appro-
priated under paragraphs (1) and (2) of this subsection is available 
for transportation described in subparagraphs (B) and (C) of this 
paragraph. 
(B) Amounts made available under subparagraph (A) of this 
paragraph shall be used to develop new intercity rail passenger 
transportation on corridors between cities undergoing significant 
P
opulation growth and in which the transportation reasonably can 
e expected to provide travel times comparable with other surface 
transportation modes. An amount may be expended for the transpor-
tation only if a State requests the transportation and the State 
and Amtrak agree that— 
(i) Amtrak will pay at least 90 percent of the cost of 
acquiring rolling stock for the transportation; and 
(ii) the State will pay at least 90 percent of the cost of 
improving the right of way, including track structure, signal 
systems, passenger station facilities, highway and pedestrian 
grade crossings, and other safety equipment and facilities. 
(C) Amounts made available under subparagraph (A) of this 
paragraph shall be used to begin new long distance intercity rail 
passenger transportation. An amount may be expended for the 
transportation only if a State requests the transportation and the 
State and Amtrak agree that— 
(i) Amtrak will pay at least 75 percent of the cost of 
acquiring rolling stock for the transportation; and 
(ii) the State will pay at least 90 percent of the cost of 
improving the right of way, including track structure, signal 
systems, passenger station facilities, highway and pedestrian 
grade crossings, and other safety equipment and facilities. 
(D) Section 24704 of this title applies to the operating expenses 
of transportation described in subparagraphs (B) and (C) of this 
paragraph. 
(b) OPERATING EXPENSES.—(1) Not more than $381,000,000 
may be appropriated to the Secretary for each of the fiscal years 
ending September 30, 1993, and September 30, 1994, for the benefit 
of Amtrak for operating expenses. Not more than 5 percent of 
the amounts appropriated for each fiscal year shall be used to 
pay operating expenses under section 24704 of this title for 
transportation in operation on September 30, 1992. 
(2)(A) Not more than the following amounts may be appro-
priated to the Secretary for the benefit of Amtrak for operating 
losses under section 24704 of this title for transportation beginning 
after September 30, 1992: 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 903 
(i) $7,500,000 for the fiscal year ending September 30, 
1993. 
(ii) $9,500,000 for the fiscal year ending September 30, 
1994. 
(B) The expenditure by Amtrak of an amount appropriated 
under subparagraph (A) of this paragraph is deemed not to be 
an operating expense when calculating the revenue-to-operating 
expense ratio of Amtrak. 
(c) MANDATORY PAYMENTS.—(1) Not more than $150,000,000 
for the fiscal year ending September 30, 1993, and amounts that 
may be necessary for the fiscal year ending September 30, 1994, 
may be appropriated to the Secretary to pay— 
(A) tax liabilities under section 3221 of the Internal Reve-
nue Code of 1986 (26 U.S.C. 3221) due in those fiscal years 
that are more than the amount needed for benefits for individ-
uals who retire from Amtrak and for their beneficiaries; 
(B) obligations of Amtrak under section 8(a) of the Railroad 
Unemployment Insurance Act (45 U.S.C. 358(a)) due in those 
fiscal years that are more than obligations of Amtrak calculated 
on an experience-related basis; and 
(C) obligations of Amtrak due under section 3321 of the 
Code (26 U.S.C. 3321). 
(2) Amounts appropriated under this subsection are not a 
United States Government subsidy of Amtrak. 
(d) PAYMENT TO AMTRAK.—^Amounts appropriated under this 
section shall be paid to Amtrak under the budget request of the 
Secretary as approved or modified by Congress when the amounts 
are appropriated. A payment may not be made more frequently 
than once every 90 days, unless Amtrak, for good cause, requests 
more frequent payment before a 90-day period ends. In each fiscal 
year in which amounts are authorized to be appropriated under 
this section, amounts appropriated shall be paid to Amtrak as 
follows: 
(1) 50 percent on October 1. 
(2) 25 percent on January 1. 
(3) 25 percent on April 1. 
(e) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.— 
(1) Amounts appropriated under this section remain available until 
expended. 
(2) Amounts for capital acquisitions and improvements may 
be appropriated in a fiscal year before the fiscal year in which 
the amounts will be obligated. 
(f) LIMITATIONS ON USE.—^Amounts appropriated under this 
section may not be used to subsidize operating losses of commuter 
rail passenger or rail freight transportation. 
CHAPTER 243—AMTRAK 
Sec. 
24301. Status and applicable laws. 
24302. Board of directors. 
24303. 
Officers. 
24304. Capitalization. 
24305. General authority. 
24306. Mail, express, and auto-ferry transportation. 
24307. Special transportation. 
24308. Use of facilities and providing services to Amtrak. 
24309. Retaining and maintaining facilities. 
24310. Assistance for upgrading facilities. 
24311. Acquiring interests in property by eminent domain. 
108 STAT. 904 
PUBLIC LAW 103-272—JULY 5, 1994 
24312. Labor standards. 
24313. Rail safety system program. 
24314. Demonstration of new technology. 
24315. Reports and audits. 
§ 24301. Status and applicable laws 
(a) STATUS.^Amtrak— 
(1) is a rail carrier under section 10102 of this title; 
(2) shall be operated and managed as a for-profit corpora-
tion; and 
(3) is not a department, agency, or instrumentality of the 
United States Grovernment. 
(b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.—^The principal 
office and place of business of Amtrak are in the District of Colum-
bia. Amtrak is qualified to do business in each State in which 
Amtrak carries out an activity authorized under this part. Amtrak 
shall accept service of process by certified mail addressed to the 
secretary of Amtrak at its principal office and place of business. 
Amtrak is a citizen only of the District of Columbia when deciding 
original jurisdiction of the district courts of the United States in 
a civil action. 
(c) APPLICATION OF SUBTITLE IV.—(1) Subtitle IV of this title 
applies to Amtrak, except for provisions related to the— 
(A) regulation of rates; 
(B) abandonment or extension of rail lines used only for 
passenger transportation and the abandonment or extension 
of operations over those lines; 
(C) regulation of routes and service; 
(D) discontinuance or change of rail passenger transpor-
tation operations; and 
(E) issuance of securities or the assumption of an obligation 
or liability related to the securities of others. 
(2) Notwithstanding this subsection— 
(A) sections 10721-10724 of this title apply to Amtrak; 
and 
(B) on application of an adversely affected motor carrier, 
the Interstate Commerce Commission under any provision of 
subtitle IV of this title applicable to a carrier subject to sub-
chapter I of chapter 105 of this title may hear a complaint 
about an unfair or predatory rate or marketing practice of 
Amtrak for a route or service operating at a loss. 
(d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS 
AND REGULATIONS.—Laws 
and 
regulations 
governing 
safety, 
employee representation for collective bargaining purposes, the han-
dling of disputes between carriers and employees, employee retire-
ment, annuity, and unemployment systems, and other dealings 
with employees that apply to a common carrier subject to sub-
chapter I of chapter 105 of this title apply to Amtrak. 
(e) APPLICATION OF CERTAIN ADDITIONAL LAWS.—Section 552 
of title 5, this part, and, to the extent consistent with this part, 
the District of Columbia Business Corporation Act (D.C. Code § 29-
301 et seq.) apply to Amtrak. 
(f) LAWS GOVERNING LEASES AND CONTRACTS.—^The laws of 
the District of Columbia govern leases and contracts of Amtrak, 
regardless of where they are executed. 
(g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.— 
A State or other law related to rates, routes, or service does not 
apply to Amtrak in connection with rail passenger transportation. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 905 
(h) NONAPPLICATION OF PAY PERIOD L A W S . ^ A State or local 
law related to pay periods or days for payment of employees does 
not apply to Amtrak. Except when otherwise provided under a 
collective bargaining agreement, an employee of Amtrak shall be 
paid at least as frequently as the employee was paid on October 
1, 1979. 
(i) PREEMPTION REL/^TED TO EMPLOYEE WORK REQUIREMENTS.— 
A State may not adopt or continue in force a law, rule, regulation, 
order, or standard requiring Amtrak to employ a specified number 
of individuals to perform a particular task, function, or operation. 
(j) NONAPPLICATION OF LAWS ON JOINT USE OR OPERATION 
OF FACILITIES AND EQUIPMENT.—Prohibitions of law applicable to 
an agreement for the joint use or operation of facilities and equip-
ment necessary to provide quick and efficient rail passenger 
transportation do not apply to a person making an agreement 
with Amtrak to the extent necessary to allow the person to make 
and carry out obligations under the agreement. 
(k) 
EXEMPTION 
FROM 
ADDITIONAL 
TAXES.—(1) In 
this 
subsection— 
(A) "additional tax" means a tax or fee— 
(i) on the acquisition, improvement, ownership, or oper-
ation of personal property by Amtrak; and 
(ii) on real property, except a tax or fee on the acquisi-
tion of real property or on the value of real property not 
attributable to improvements made, or the operation of 
those improvements, by Amtrsik. 
(B) "Amtrak" includes a rail carrier subsidiary of Amtrak 
and a lessor oi" lessee of Amtrak or one of its rail carrier 
subsidiaries. 
(2) Amtrak is not required to pay an additional tax because 
of an expenditure to acquire or improve real property, equipment, 
a facility, or right-of-way materi2d or structures used in providing 
rail passenger transportation, even if that use is indirect. 
(1) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 
30, 
1981.—(1) Amtrak or a rail carrier subsidiary of Amtrak is exempt 
from a tax or fee imposed by a State, a political subdivision of 
a State, or a local taxing authority and levied on it after September 
30, 1981. However, Amtrak is not exempt under this subsection 
from a tax or fee that it was required to pay as of September 
10, 1982. 
(2) The district courts of the United States have original juris-
diction over a civil action Amtrak brings to enforce this subsection 
and may grant equitable or declaratory relief requested by Amtrak. 
(m) WASTE DISPOSAL,.—(1) An intercity rail passenger car manu-
factured after October 14, 1990, shall be built to provide for the 
discharge of human waste only at a servicing facility. Amtrak 
shall retrofit each of its intercity rail passenger cars that was 
manufactured after May 1, 1971, and before October 15, 1990, 
with a human waste disposal system that provides for the discharge 
of human 
waste 
only 
at 
a 
servicing 
facility. 
Subject 
to 
appropriations— 
(A) the retrofit program shall be completed not later than 
October 15, 1996; and 
(B) a car that does not provide for the discharge of human 
waste only at a servicing facility shall be removed from service 
after that date. 
108 STAT. 906 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) Section 361 of the Public Health Service Act (42 U.S.C. 
264) and other laws of the United States, States, and local govern-
ments do not apply to waste disposal from rail carrier vehicles 
operated in intercity rail passenger transportation. The district 
courts of the United States have original jurisdiction over a civil 
action Amtrak brings to enforce this paragraph and may grant 
equitable or declaratory relief requested by Amtrak. 
(n) RAIL TRANSPORTATION TREATED EQUALLY.—When authoriz-
ing transportation in the continental United States for an officer, 
employee, or member of the uniformed services of a department, 
agency, or instrumentality of the Government, the head of that 
department, agency, or instrumentality shall consider rail transpor-
tation (including transportation by extra-fare trains) the same as 
transportation by another authorized mode. The Administrator of 
General Services shall include Amtrak in the contract air program 
of the Administrator in markets in which transportation provided 
by Amtrak is competitive with other carriers on fares and total 
trip times. 
§ 24302. Board of directors 
(a) COMPOSITION AND TERMS.—(1) The board of directors of 
Amtrak is composed of the following 9 directors, each of whom 
must be a citizen of the United States: 
(A) the Secretary of Transportation. 
(B) the President of Amtrak. 
(C) 3 individuals appointed by the President of the United 
» States, by and with the advice and consent of the Senate, 
as follows: 
(i) one individual selected from a list of 3 qualified 
individuals submitted by the Railway Labor Executives 
Association. 
(ii) one chief executive officer of a State selected from 
among the chief executive officers of States with an interest 
in rail transportation. The chief executive officer may select 
an individual to act as the officer's representative at board 
meetings. 
(iii) one individual selected as a representative of busi-
ness with an interest in rail transportation. 
(D) 2 individuals selected by the President of the United 
States from a list of names consisting of one individual nomi-
nated by each commuter authority for which Amtrak Commuter 
. provides commuter rail passenger transportation under section 
24505 of this title and one individual nominated by each com-
muter authority in the region (as defined in section 102 of 
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702)) 
that provides its own commuter rail passenger transportation 
or makes a contract with an operator (except Amtrak Com-
muter), except that— 
(i) one of the individuals selected must have been nomi-
nated by a commuter authority for which Amtrak Com-
muter provides commuter rail transportation; or 
(ii) if Amtrak Commuter does not provide commuter 
rail passenger transportation for any authority, the 2 
individuals shall be selected from a list of 5 individuals 
submitted by commuter authorities providing transpor-
tation over rail property of Amtrak. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 907 
(E) 2 individuals selected by the holders of the preferred 
stock of Amtrak. 
(2) An individual appointed under paragraph (1)(C) of this 
subsection serves for 4 years or until the individual's successor 
is appointed and qualified. Not more than 2 individuals appointed 
under paragraph (1)(C) may be members of the same political 
party. 
(3) An individual selected under paragraph (1)(D) of this sub-
section serves for 2 years or until the individual's successor is 
selected. 
(4) An individual selected under paragraph (1)(E) of this sub-
section serves for one year or until the individual's successor is 
selected. 
(5) The President of Amtrak serves as Chairman of the board. 
(6) The Secretary may be represented at a meeting of the 
board only by the Deputy Secretary of Transportation, the Adminis-
trator of the Federal Railroad Administration, or the (Jeneral Coun-
sel of the Department of Transportation. 
(b) CUMULATIVE VOTING.—^The articles of incorporation of 
Amtrak shall provide for cumulative voting for all stockholders. 
(c) CONFLICTS OF INTEREST.—^When serving on the board, a 
director appointed by the President of the United States may not 
have— 
(1) a financial or employment relationship with a rail car-
rier; and 
(2) a significant financial relationship or an employment 
relationship with a person competing with Amtrak in providing 
passenger transportation. 
(d) PAY AND EXPENSES.—Each director not employed by the 
United States Government is entitled to $300 a day when perform-
ing board duties and powers. Each director is entitled to reimburse-
ment for necessary travel, reasonable secretarial and professional 
staff support, and subsistence expenses incurred in attending board 
meetings. 
(e) VACANCIES.—^A vacancy on the board is filled in the same 
way as the original selection, except that an individual appointed 
by the President of the United States under subsection (a)(1)(C) 
of this section to fill a vacancy occurring before the end of the 
term for which the predecessor of that individual was appointed 
is appointed for the remainder of that term. A vacancy required 
to be filled by appointment under subsection (a)(1)(C) must be 
filled not later than 120 days after the vacancy occurs. 
(f) BYLAWS.—The board may adopt and amend bylaws govern-
ing the operation of Amtrak. The bylaws shall be consistent with 
this part and the articles of incorporation. 
§24303. Officers 
(a) APPOINTMENT AND TERMS.—Amtrak has a President and 
other officers that are named and appointed by the board of direc-
tors of Amtrak. An officer of Amtrak must be a citizen of the 
United States. Officers of Amtrak serve at the pleasure of the 
board. 
(b) PAY.—^The board may 
fix 
the pay of the officers of Amtrak. 
An officer may not be paid more than the general level of pay 
for officers of rail carriers with comparable responsibility. 
(c) CONFLICTS OF INTEREST.—When employed by Amtrak, an 
officer may not have a financial or employment relationship with 
108 STAT. 908 
PUBLIC LAW 103-272—JULY 5, 1994 
another rail carrier, except that holding securities issued by a 
rail carrier is not deemed to be a violation of this subsection 
if the officer holding the securities makes a complete public disclo-
sure of the holdings and does not participate in any decision directly 
affecting the rail carrier. 
§24304. Capitalization 
(a) STOCK.—^Amtrak may have outstanding one issue of common 
stock and one issue of preferred stock. Each type of stock is eligible 
for a dividend. The articles of incorporation of Amtrak shall provide 
that— 
(1) each type of stock must be fully paid and nonassessable; 
(2) common stock has a par value of $10 a share; and 
(3) preferred stock has a par value of $100 a share. 
(b) LIMITATIONS ON OWNERSHIP AND VOTING.—<1) A rail carrier 
or person controlling a rail carrier— 
(A) may not hold preferred stock of Amtrak; and 
(B) may vote not more than one-third of the total number 
of shares of outstanding common stock of Amtrak. 
(2) Additional common stock owned by a rail carrier or person 
controlling a rail carrier is deemed to be not outstanding for voting 
and quorum purposes. 
(c) 
PREFERRED STOCK DIVIDENDS AND LIQUIDATION PREF-
ERENCES.—^The articles of incorporation of Amtrak shall provide 
that— 
(1) its preferred stock has a cumulative dividend of at 
least 6 percent a year; 
(2) if a dividend on the preferred stock is not declared 
and paid or set aside for payment, the deficiency shall be 
declared and paid or set aside for payment before a dividend 
or other distribution is made on its common stock; 
(3) the preferred stock has a liquidation preference over 
the common stock entitling holders of preferred stock to receive 
a liquidation payment of at least par value plus all accrued 
unpaid dividends before a liquidation payment is made to hold-
ers of common stock; and 
(4) the preferred stock may be converted to common stock. 
(d) ISSUANCE OF PREFERRED STOCK TO SECRETARY.—(1) 
Not 
later than 30 days after the close of each fiscal quarter, Amtrak 
shall issue to the Secretary of Transportation preferred stock equal, 
to the nearest whole share, to the amount paid to Amtrak under 
section 24104(d) of this title during the quarter. 
(2) Preferred stock issued under this subsection or section 
304(c)(1) of the Rail Passenger Service Act is deemed to be issued 
on the date Amtrak receives the amounts for which the stock 
is issued. 
(3) An amendment to the articles of incorporation of Amtrak 
is not required for issuing preferred stock under this subsection. 
(e) TAXES AND FEES ON PREFERRED STOCK.—^A tax or fee applies 
to preferred stock issued under this section only if specifically 
prescribed by Congress. 
(f) NONVOTING CERTIFICATES OF INDEBTEDNESS.—^Amtrak may 
issue nonvoting certificates of indebtedness, except that an obliga-
tion with a liquidation interest superior to preferred stock issued 
to the Secretary or secured by a lien on property of Amtrak may 
be incurred when preferred stock issued to the Secretary is 
outstanding only if the Secretary consents. 
PUBLIC LAW 103-272—JULY 5,1994 
108 STAT. 909 
(g) INSPECTION RIGHTS.—Stockholders of Amtrak have the 
rights of inspecting and copying set forth in section 45(b) of the 
District of Columbia Business Corporation Act (D.C. Code §29-
345(b)) regardless of the amount of stock they hold. 
§24305. General authority 
(a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACIU-
TIES.—<1) /ontrak may acquire, operate, maintain, and make con-
tracts for the operation and maintenance of equipment and facilities 
necessary for intercity and commuter rail passenger transportation, 
the transportation of mail and express, and auto-ferry transpor-
tation. 
(2) Amtrak shall operate and control directly, to the extent 
practicable, all aspects of the rail passenger transportation it pro-
vides. 
(b) MAINTENANCE AND REHABILITATION.—Amtrak may maintain 
and rehabilitate rail passenger equipment and shall maintain a 
regional maintenance plan that includes— 
(1) a review panel at the principal office of Amtrak consist-
ing of members the President of Amtrak designates; 
(2) a systemwide inventory of spare equipment parts in 
each operational region; 
(3) enough maintenance employees for cars and locomotives 
in each region; 
(4) a systematic preventive maintenance program; 
(5) periodic evaluations of maintenance costs, time lags, 
and partis shortages and corrective actions; and 
(6) other elements or activities Amtrak 
considers 
appropriate. 
(c) MISCELLANEOUS AUTHORITY.—Amtrak may— 
(1) make and carry out appropriate agreements; 
(2) transport mail and express and shall use all feasible 
methods to obtain the bulk mail business of the United States 
Postal Service; 
(3) improve its reservation system and advertising; 
(4) provide food and beverage services on its trains only 
if revenues from the services each year at least equal the 
cost of providing the services; 
(5) conduct research, development, and demonstration pro-
grams related to the mission of Amtrak; and 
(6) buy or lease rail rolling stock and develop and dem-
onstrate improved rolling stock. 
(d) THROUGH ROUTES AND JOINT FARES.—(1) Establishing 
through routes and joint fares between Amtrak and other intercity 
rail passenger carriers and motor carriers of passengers is consist-
ent with the public interest and the transportation policy of the 
United States. Congress encourages establishing those routes and 
fares. 
(2) Amtrak may establish through routes and joint fares with 
any domestic or international motor carrier, air carrier, or water 
carrier. 
(e) RAIL POLICE.—Amtrak may employ rsul police to provide 
security for rail passengers and property of Amtrak. Rail police 
employed by Amtrak who have complied with a State law establish-
ing requirements applicable to rail police or individuals emploved 
in a similar position may be employed without regard to the law 
of another State containing those requirements. 
79-194 O—95—7 : QL 3 Part 2 
108 STAT. 910 
PUBLIC LAW 103-272—JULY 5,1994 
(f) DOMESTIC BUYING PREFERENCES.—(1) In this subsection, 
"United States" means the States, territories, and possessions of 
the United States and the District of Columbia. 
(2) Amtrak shall buy only— 
(A) unmanufactured articles, materigd, and supplies mined 
or produced in the United States; or 
(B) manufactured articles, material, and supplies manufac-
tured in the United States substantially from articles, material, 
and supplies mined, produced, or manufactured in the United 
States. 
(3) Paragraph (2) of this subsection applies only when the 
cost of those articles, material, or supplies bought is at least 
$1,000,000. 
(4) On application of Amtrak, the Secretary of Transportation 
may exempt Amtrak from this subsection if the Secretary decides 
t h a ^ -
(A) for particular articles, material, or supplies— 
(i) the requirements of paragraph (2) of this subsection 
are inconsistent with the public interest; 
(ii) the cost of imposing those requirements is 
unreasonable; or 
(iii) the articles, material, or supplies, or the articles, 
material, or supplies from which they are manufactured, 
are not mined, produced, or msinufactured in the United 
States in sufficient and reasonably available commercial 
quantities and are not of a satisfactory quality; or 
(B) rolling stock or power train equipment cannot be bought 
and delivered in the United States within a reasonable time. 
§ 24306. Mail, express, and auto-ferry transportation 
(a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take nec-
essary action to increase its revenues from the transportation of 
mail and express. To increase its revenues, Amtrak may provide 
auto-ferry transportation as part of the basic passenger transpor-
tation authorized by this part. When requested by Amtrak, a depart-
ment, agency, or instrumentality of the United States Government 
shall assist in carrying out this section. 
(b) AUTHORITY OF OTHERS TO PROVIDE AUTO-FERRY TRANSPOR-
TATION.—(1) A person primarily providing auto-ferry transportation 
and any other person not a rail carrier may provide auto-ferry 
transportation over any route under a certificate issued by the 
Interstate Commerce Commission if the Commission finds that 
the auto-ferry transportation— 
(A) will not impair the ability of Amtrak to reduce its 
losses or increase its revenues; and 
(B) is required to meet the public demand. 
(2) A rail carrier that has not made a contract with Amtrak 
to provide rail passenger transportation may provide auto-ferry 
transportation over its own rail lines. 
(3) State and local laws and regulations that impair the provi-
sion of auto-ferry transportation do not apply to A-ntrak or a 
rail carrier providing auto-ferry transportation. A rail carrier may 
not refuse to participate with Amtrak in providing auto-ferry 
transportation because a State or local law or regulation makes 
the transportation unlawful. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 911 
§24307. Special transportation 
(a) REDUCED FARE PROGRAM.—Amtrak shall maintain a 
reduced fare program for the following: 
(1) individuals at least 65 years of age. 
(2) individuals (except alcoholics and drug abusers) who— 
(A) have a physical or mental impairment that substan-
tially limits a ms^jor life activity of the individual; 
(B) have a record of an impairment; or 
(C) are regarded as having an impairment. 
(b) ACTIONS TO ENSURE ACCESS.—-Amtrak may act to ensure 
access to intercity transportation for elderly or handicapped individ-
uals on passenger trains operated by or for Amtrak. That action 
may include— 
(1) acquiring special equipment; 
(2) conducting special training for employees; 
(3) desiring and acquiring new equipment and facilities; 
(4) eliminating barriers in existing equipment and facilities 
to comply with the highest standards of design, construction, 
and alteration of property to accommodate elderly and handi-
capped individuals; and 
(5) providing special assistance to elderly and handicapped 
individuals when getting on and off trains and in terminal 
areas. 
(c) EMPLOYEE TRANSPORTATION.—(1) In this subsection, "rail 
carrier employee" means— 
(A) an active full-time employee of a rail carrier or terminal 
company and includes an employee on furlough or leave of 
absence; 
(B) a retired employee of a rail carrier or terminal company; 
and 
(C) a dependent of an employee referred to in clause (A) 
or (B) of this paragraph. 
(2) Amtrak shall ensure that a rail carrier employee eligible 
for free or reduced-rate rail transportation on April 30, 1971, imder 
an agreement in effect on that date is eligible, to the greatest 
extent practicable, for free or reduced-rate intercity rail passenger 
transportation provided by Amtrak under this part, if space is 
available, on terms similar to those available on that date under 
the agreement. However, Amtrak may apply to all rail carrier 
employees eligible to receive free or reduced-rate transportation 
under any agreement a single systemwide schedule of terms that 
Amtrak decides applied to a msgority of employees on that date 
under all those agreements. Unless Amtrak and a rail carrier 
make a different agreement, the carrier shall reimburse Amtrak 
at the rate of 25 percent of the systemwide average monthly yield 
of each revenue passenger-mile. The reimbursement is in place 
of costs Amtrak incurs related to free or reduced-rate transpor-
tation, including liability related to travel of a rail carrier employee 
eligible for free or reduced-rate transportation. 
(3) This subsection does not prohibit the Interstate Commerce 
Commission from ordering retroactive relief in a proceeding begun 
or reopened after October 1,1981. 
§24308. Use of facilities and providing services to Amtrak 
(a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement 
with a rail carrier or regional transportation authority to use facili-
ties of, and have services provided by, the carrier or authority 
108 STAT. 912 
PUBLIC LAW 103-272—JULY 5, 1994 
under terms on which the parties agree. The terms shall include 
a penalty for untimely performance. 
(2)(A) If the parties cannot agree and if the Interstate Com-
merce Commission finds it necessary to carry out this part, the 
Commission shall— 
(i) order that the facilities be made available and the serv-
ices provided to Amtrak; and 
(ii) prescribe reasonable terms and compensation for using 
the facilities and providing the services. 
(B) When prescribing reasonable compensation under subpara-
graph (A) of this paragraph, the Commission shall consider quality 
of service as a major factor when determining whether, and the 
extent to which, the amount of compensation shall be greater than 
the incremental costs of using the facilities and providing the 
services. 
(C) The Commission shall decide the dispute not later than 
90 days after Amtrak submits the dispute to the Commission. 
(3) Amtrak's right to use the facilities or have the services 
provided is conditioned on payment of the compensation. If the 
compensation is not paid promptly, the rail carrier or authority 
entitled to it may bring an action against Amtrak to recover the 
amount owed. 
(4) Amtrak shall seek immediate and appropriate legal rem-
edies to enforce its contract rights when track maintenance on 
a route over which Amtrak operates falls below the contractual 
standard. 
(b) OPERATING DURING EMERGENCIES.—TO facilitate operation 
by Amtrak during an emergency, the Commission, on application 
by Amtrak, shall require a rail carrier to provide facilities imme-
diately during the emergency. The Commission then shall promptly 
prescribe reasonable terms, including indemnification of the carrier 
by Amtrak against personal injury risk to which the carrier may 
be exposed. The rail carrier shall provide the facilities for the 
duration of the emergency. 
(c) PREFERENCE OVER FREIGHT TRANSPORTATION.—^Except in 
an emergency, intercity and commuter rail passenger transportation 
provided by or for Amtrak has preference over freight transportation 
in using a rail line, junction, or crossing unless the Secretary 
of Transportation orders otherwise under this subsection. A rail 
carrier affected by this subsection may apply to the Secretary 
for relief. If the Secretary, after an opportunity for a hearing under 
section 553 of title 5, decides that preference for intercity and 
commuter rail passenger transportation materially will lessen the 
quality of freight transportation provided to shippers, the Secretary 
shall establish the rights of the carrier and Amtrak on reasonable 
terms. 
(d) ACCELERATED SPEEDS.—If a rail carrier refuses to allow 
accelerated speeds on trains operated by or for Amtrak, Amtrak 
may apply to the Secretary for an order requiring the carrier 
to allow the accelerated speeds. The Secretary shall decide whether 
accelerated speeds are unsafe or impracticable and which improve-
ments would be required to make accelerated speeds safe and 
practicable. After an opportunity for a hearing, the Secretary shall 
establish the maximum allowable speeds of Amtrak trains on terms 
the Secretary decides are reasonable. 
(e) ADDITIONAL TRAINS.—(1) When a rail carrier does not agree 
to provide, or allow Amtrak to provide, for the operation of addi-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 913 
tional trains over a rail line of the carrier, Amtrak may apply 
to the Secretary for an order requiring the carrier to provide or 
allow for the operation of the requested trains. After a hearing 
on the record, the Secretary may order the carrier, within 60 
days, to provide or allow for the operation of the requested trains 
on a schedule based on legally permissible operating times. How- Federal 
ever, if the Secretary decides not to hold a hearing, the Secretary, 
r ^ ^ f ' o n 
not later than 30 days after receiving the application, shall publish 
P" ^ ^ ^ 
in the Federal Register the reasons for the decision not to hold 
the hearing. 
(2) The Secretary shall consider— 
(A) when conducting a hearing, whether an order would 
impair unreasonably freight transportation of the rail carrier, 
with the carrier having the burden of demonstrating that the 
additional trains will impair the freight transportation; and 
(B) when establishing scheduled running times, the statu-
tory goal of Amtrak to implement schedules that attain a 
system-wide average speed of at least 60 miles an hour that 
can be adhered to with a high degree of reliability and pas-
senger comfort. 
(3) Unless the parties have an agreement that establishes the 
compensation Amtrak will pay the carrier for additional trains 
provided under an order under this subsection, the Commission 
shall decide the dispute under subsection (a) of this section. 
§ 24309. Retaining and maintaining facilities 
(a) DEFINITIONS.—In this section— 
(1) "facility" means a rail line, right of way, fixed equip-
ment, facility, or real property related to a rail line, right 
of way, fixed equipment, or facility, including a signal system, 
passenger station and repair tracks, a station building, a plat-
form, and a related facility, including a water, fuel, steam, 
electric, and air line. 
(2) downgrading a facility means reducing a track classifica-
tion as specified in the Federal Railroad Administration track 
safety standards or altering a facility so that the time required 
for rail passenger transportation to be provided over the route 
on which a facility is located may be increased. 
(b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.— 
A facility of a rail carrier or regional transportation authority 
that Amtrak used to provide rail passenger transportation on Feb-
ruary 1, 1979, may be downgraded or disposed of only after approval 
by the Secretary of Transportation under this section. 
(c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending 
to downgrade or dispose of a facility Amtrak currently is not using 
to provide transportation shall notify Amtrak of its intention. If, 
not later than 60 days after Amtrak receives the notice, Amtrak 
and the carrier do not agree to retain or maintain the facility 
or to convey an interest in the facility to Amtrak, the carrier 
may apply to the Secretary for approval to downgrade or dispose 
of the facility. 
(2) After a rail carrier notifies Amtrak of its intention to down-
grade or dispose of a facility, Amtrak shall survey population centers 
with rail passenger transportation facilities to assist in preparing 
a valid and timely analysis of the need for the facility and shall 
update the survey as appropriate. Amtrak also shall maintain a 
system for collecting information gathered in the survey. The system 
108 STAT. 914 
PUBLIC LAW 103-272—JULY 5, 1994 
shall collect the information based on geographic regions and on 
whether the facility would be part of a short haul or long haul 
route. The survey should facilitate an analysis of— 
(A) ridership potential by ascertaining existing and chang-
ing travel patterns that would provide maximum efficient rail 
passenger transportation; 
(B) the quality of transportation of competitors or likely 
competitors; 
(C) the likelihood of Amtrak offering transportation at a 
competitive fare; 
(D) opportunities to target advertising and fares to poten-
tisd classes of riders; 
(E) economic characteristics of rail passenger transpor-
tation related to the facility and the extent to which the 
characteristics are consistent with sound economic principles 
of short haul or long haul rail transportation; and 
(F) the feasibility of applying effective internal cost controls 
to the facility and route served by the facility to improve 
the ratio of passenger revenue to transportation expenses 
(excluding maintenance of tracks, structures, and equipment 
and depreciation). 
(d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE 
COSTS.—(1) If Amtrak does not object to an application not later 
than 30 days after it is submitted, the Secretary shall approve 
the application promptly. 
(2) If Amtrak objects to an application, the Secretary shall 
decide by not later than 180 days after the objection those costs 
the rail carrier may avoid if it does not have to retain or maintain 
a facility in the condition Amtrak requests. If Amtrak does not 
agree by not later than 60 days after the decision to pay the 
carrier these avoidable costs, the Secretary shall approve the 
application. When deciding whether to pay a carrier the avoidable 
costs of retaining or maintaining a facility, Amtrak shall consider— 
(A) the potential importance of restoring rail passenger 
transportation on the route on which the facility is located; 
(B) the market potential of the route; 
(C) the availability, adequacy, and energy efficiency of an 
alternate rail line or alternate mode of transportation to provide 
passenger transportation to or near the places that would be 
served by the route; 
(D) the extent to which major population centers would 
be served by the route; 
(E) the extent to which providing transportation over the 
route would encourage the expansion of an intercity rail pas-
senger system in the United States; and 
(F) the possibility of increased ridership on a rail line 
that connects with the route. 
(e) COMPLIANCE WITH OTHER OBLIGATIONS.—^Downgrading or 
disposing of a facility under this section does not relieve a rail 
carrier from compl3dng with its other common carrier or legal 
obligations related to the facility. 
§24310. Assistance for upgrading facilities 
(a) To CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the 
owner of a facility presenting a danger to the employees, passengers, 
or property of Amtrak may petition the Secretary of Transportation 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 915 
for assistance to the owner for relocation or other measures under-
taken after December 31, 1977, to minimize or eliminate the danger. 
(2) The Secretary shall recommend to Congress that Congress 
authorize amounts for the relocation or other measures if the Sec-
retary decides that— 
(A) the facility presents a danger of death or serious injury 
to an employee or passenger or of serious damage to that 
property; and 
(B) the owner should not be expected to bear the cost 
of that relocation or other measures. 
(b) To CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak, 
by itself or jointly with an owner or operator of a rail station 
Amtrak uses to provide rail passenger transportation, may apply 
to the Secretary for amounts that may be appropriated under para-
graph (2) of this subsection to pay or reimburse expenses incurred 
after October 1, 1987, related to the station complying with an 
official notice received before October 1, 1987, from a State or 
local authority stating that the station violates or allegedly violates 
the building, construction, fire, electric, sanitation, mechanical, or 
plumbing code. 
(2) Not more than $1,000,000, may be appropriated to the 
Secretary to carry out paragraph (1) of this subsection. Amounts 
appropriated under this paragraph remain available until expended. 
§24311. Acquiring interests in property by eminent domain 
(a) GENERAL AUTHORITY.—(1) To the extent financial resources 
are available, Amtrak may acquire by eminent domain under sub-
section (b) of this section interests in property— 
(A) necessary for intercity rail passenger transportation, 
except property of a rail carrier, a State, a political subdivision 
of a State, or a governmental authority; or 
(B) requested by the Secretary of Transportation in carry-
ing out the Secretary's duty to design and build an intermodal 
transportation terminal at Union Station in the District of 
Columbia if the Secretary assures Amtrak that the Secretary 
will reimburse Amtrak. 
(2) Amtrak may exercise the power of eminent domain only 
if it cannot— 
(A) acquire the interest in the property by contract; or 
(B) agree with the owner on the purchase price for the 
interest. 
(b) CIVIL ACTIONS.—(1) A civil action to acquire an interest 
in property by eminent domain under subsection (a) of this section 
must be brought in the district court of the United States for 
the judicial district in which the property is located or, if a single 
piece of property is located in more than one judicial district, 
in any judicial district in which any piece of the property is located. 
An interest is condemned and taken by Amtrak for its use when 
a declaration of taking is filed under this subsection and an amount 
of money estimated in the declaration to be just compensation 
for the interest is deposited in the court. The declaration may 
be filed with the complaint in the action or at any time before 
judgment. The declaration must contain or be accompanied by— 
(A) a statement of the public use for which the interest 
is taken; 
(B) a description of the property sufficient to identify it; 
J3. -. 
(C) a statement of the interest in the property taken; 
I 
108 STAT. 916 
PUBLIC LAW 103-272—JULY 5, 1994 
(D) a plan showing the interest taken; and 
(E) a statement of the amount of money Amtrak estimates 
is just compensation for the interest. 
(2) When the declaration is filed and the deposit is made 
under paragraph (1) of this subsection, title to the property vests 
in Amtrak in fee simple absolute or in the lesser interest shown 
in the declaration, and the right to the money vests in the person 
entitled to the money. When the declaration is filed, the court 
may decide— 
(A) the time by which, and the terms under which, posses-
sion of the property is given to Amtrak; and 
(B) the disposition of outstanding charges related to the 
property. 
(3) After a hearing, the court shall make a finding on the 
amount that is just compensation for the interest in the property 
and enter judgment awarding that amount and interest on it. 
The rate of interest is 6 percent a year and is computed on the 
amount of the award less the amount deposited in the court from 
the date of taking to the date of pa3anent. 
(4) On application of a party, the court may order immediate 
payment of any part of the amount deposited in the court for 
the compensation to be awarded. If the award is more than the 
amount received, the court shall enter judgment against Amtrak 
for the deficiency. 
(c) 
AUTHORITY 
TO 
CONDEMN 
RAIL 
CARRIER 
PROPERTY 
INTERESTS.—(1) If Amtrak and a rail carrier cannot agree on a 
sale to Amtrak of an interest in property of a rail carrier necessary 
for intercity rail passenger transportation, Amtrak may apply to 
the Interstate Commerce Commission for an order establishing 
the need of Amtrak for the interest and requiring the carrier 
to convey the interest on reasonable terms, including just compensa-
tion. The need of Amtrak is deemed to be established, and the 
Commission, after holding an expedited proceeding and not later 
than 120 days after receiving the application, shall order the 
interest conveyed unless the Commission decides that— 
(A) conveyance would impair significantly the ability of 
the carrier to carry out its obligations as a common carrier; 
and 
(B) the obligations of Amtrak to provide modem, efficient, 
and economical rail passenger transportation can be met ade-
quately by acquiring an interest in other property, either by 
sale or by exercising its right of eminent domain under sub-
section (a) of this section. 
(2) If the amount of compensation is not determined by the 
date of the Commission's order, the order shall require, as part 
of the compensation, interest at 6 percent a year from the date 
prescribed for the conveyance until the compensation is paid. 
(3) Amtrak subsequently may reconvey to a third party an 
interest conveyed to Amtrak under this subsection or prior com-
parable provision of law if the Commission decides that the 
reconveyance will carry out the purposes of this part, regardless 
of when the proceeding was brought (including a proceeding pending 
before a United States court on November 28, 1990). 
§24312. Labor standards 
(a) PREVAILING WAGES AND HEALTH AND SAFETY STANDARDS.— 
(1) Amtrak shall ensure that laborers and mechanics employed 
PUBLIC LAW 103-272^JULY 5, 1994 
108 STAT. 917 
by contractors and subcontractors in construction work financed 
under an agreement made under section 24308(a), 24701(a), or 
24704(b)(2) of this title will be paid wages not less than those 
E
revailing on similar construction in the locality, as determined 
y the Secretary of Labor under the Act of March 3, 1931 (known 
as the Davis-Bacon Act) (40 U.S.C. 276a—276a-5). Amtrak may 
make such an agreement only after being assured that required 
labor standards will be maintained on the construction work. Health 
and safety standards prescribed by the Secretary under section 
107 of the Contract Work Hours and Safety Standards Act (40 
U.S.C. 333) apply to all construction work performed under such 
an agreement, except for construction work performed by a rail 
carrier. 
(2) Wage rates in a collective bargaining agreement negotiated 
under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed 
to comply with the Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a—276a-5). 
(b) CONTRACTING Oirr.—(l) Amtrak may not contract out work 
normally performed by an employee in a bargaining unit covered 
by a contract between a labor organization and Amtrak or a rail 
carrier that provided intercity rail passenger transportation on 
October 30, 1970, if contracting out results in the layoff of an 
employee in the bargaining unit. 
(2) This subsection does not apply to food and beverage services 
provided on trains of Amtrak. 
§ 24313. Rail safety system program 
In consultation with rail labor organizations, Amtrak shall 
maintain a rail safety system program for employees working on 
property owned by Amtrak. The program shall be a model for 
other rail carriers to use in developing safety programs. The pro-
gram shall include— 
(1) periodic analyses of accident information, including pri-
mary and secondary causes; 
(2) periodic evaluations of the activities of the program, 
particularly specific steps taken in response to an accident; 
(3) periodic reports on amounts spent for occupational 
health and safety activities of the program; 
(4) periodic reports on reduced costs and personal injuries 
because of accident prevention activities of the program; 
(5) periodic reports on direct accident costs, including 
claims related to accidents; and 
(6) reports and evaluations of other information Amtrak 
considers appropriate. 
§24314. Demonstration of new technology 
(a) PLAN.—Amtrak shall develop a plan for demonstrating new 
technology in rail passenger equipment. The plan shall provide 
that new equipment that Amtrak procures that may increase train 
speed significantly over existing rail facilities shall be demonstrated, 
to the extent practicable, throughout the intercity rail passenger 
system. 
(b) REPORT.—Not later than September 30, 1993, Amtrak shall 
submit to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report summarizing the plan devel-
oped under subsection (a) of this section, including its goals, loca-
108 STAT. 918 
PUBLIC LAW 103-272—JULY 5, 1994 
tions for technology demonstration, and a schedule for canying 
out the plan. 
(c) COOPERATION.—^To make efforts to increase train speed 
throughout the intercity rail passenger system easier, Amtrak shall 
consult and cooperate, to the extent feasible, on request of eligible 
applicants proposing a technology demonstration authorized and 
financed under a law of the United States, with those applicants. 
§24315. Reports and audits 
(a) AMTRAK ANNUAL OPERATIONS REPORT.—Not later than Feb-
ruary 15 of each year, Amtrak shall submit to Congress a report 
t h a t ^ 
(1) for each route on which Amtrak provided intercity rail 
passenger transportation during the prior fiscal year, includes 
information on— 
(A) ridership; 
(B) passenger-miles; 
(C) the short-term avoidable profit or loss for each 
passenger-mile; 
(D) the revenue-to-cost ratio; 
(E) revenues; 
(F) the United States Government subsidy; 
(G) the subsidy not provided by the United States 
Government; and 
(H) on-time performance; 
(2) provides relevant information about a decision to pay 
an officer of Amtrak more than the rate for level I of the 
Executive Schedule under section 5312 of title 5; and 
(3) specifies— 
(A) significant operational problems Amtrak identifies; 
and 
(B) proposals by Amtrak to solve those problems. 
(b) AMTRAK GENERAL AND LEGISLATIVE ANNUAL REPORT.—(1) 
Not later than February 15 of each year, Amtrak shall submit 
to the President and Congress a complete report of its operations, 
activities, and accomplishments, including a statement of revenues 
and expenditures for the prior fiscal year. The report— 
(A) shall include a discussion and accounting of Amtrak's 
success in meeting the goal of section 24902(b) of this title; 
and 
(B) may include recommendations for legislation, including 
the amount of financial assistance needed for operations and 
capital improvements, the method of computing the assistance, 
and the sources of the assistance. 
(2) Amtrak may submit reports to the President and Congress 
at other times Amtrak considers desirable. 
(c) SECRETARY'S REPORT ON EFFECTIVENESS OF THIS PART.— 
The Secretary of Transportation shsdl prepare a report on the 
effectiveness of this part in meeting the requirements for a balanced 
transportation system in the United States. The report may include 
recommendations for legislation. The Secretary shall include this 
report as part of the annual report the Secretary submits under 
section C08(a) of this title. 
(d) INDEPENDENT AUDITS.—^An independent certified public 
accountant shall audit the financial statements of Amtrak each 
year. The audit shall be carried out at the place at which the 
financial 
statements normally are kept and under generally 
PUBLIC LAW 103-272-JULY 5,1994 
108 STAT. 919 
accepted auditing standards. A report of the audit shall be included 
in the report required by subsection (a) of this section. 
(e) COMPTROLLER GENERAL AUDITS.—The Comptroller General 
may conduct performance audits of the activities and transactions 
of Amtrak. Each audit shall be conducted at the place at which 
the Comptroller General decides and under generally accepted 
management principles. The Comptroller Greneral may prescribe 
regulations governing the audit. 
(f) AVAILABILITY OF RECORDS AND PROPERTY OF AMTRAK AND 
RAIL CARRIERS.—Amtrak and, if required by the Comptroller Gen-
eral, a rail carrier with which Amtrak has made a contract for 
intercity rail passenger transportation shall make available for 
an audit under subsection (d) or (e) of this section all records 
and property of, or used by, Amtrak or the carrier that are necessary 
for tne audit, -^ntrak and the carrier shall provide facilities for 
verifjring transactions with the balances or securities held by deposi-
tories, fiscal agents, and custodizms. Amtrak and the carrier may 
keep all reports and property. 
(g) 
COMPTROLLER GENERAL'S REPORT TO CONGRESS.—The 
Comptroller General shall submit to Congress a report on each 
audit, giving comments and information necessary to inform Con-
gress on the financial operations and condition of Amtrak and 
recommendations related to those operations and conditions. The 
report also shall specify any financial transaction or undertaking 
the Comptroller Greneral considers is carried out without authority 
of law. When the Comptroller General submits a report to Congress, 
the Comptroller General shall submit a copy of it to the President, 
the Secretary, and Amtrak at the same time. 
CHAPTER 245—AMTRAK COMMUTER 
Sec. 
24501. Status and applicable laws. 
24502. Board of directors. 
24503. Officers. 
24504. General authority. 
24505. Conunuter rail passenger transportation. 
24506. Certain duties and powers unaffected. 
§ 24501. Status and applicable laws 
(a) STATUS.—Amtrak Commuter— 
(1) is a wholly-owned subsidiary of Amtrak; 
(2) provides by contract commuter rail passenger transpor-
tation for a commuter authority with which Amtrak Commuter 
makes a contract to provide the transportation under this chap-
ter; 
(3) has no common carrier obligations to provide rail pas-
senger or rail freight transportation; and 
(4) is not a ofepartment, agency, or instrumentality of the 
United States Government. 
(b) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS 
A
N
D REGULATIONS.—Chapter 105 of this title does not apply to 
Amtrak Commuter. However, laws and regulations governing 
safety, employee representation for collective bargaining purposes, 
the handling of disputes between carriers and employees, employee 
retirement, annuity, and unemployment systems, and other dealings 
with employees that apply to a rail carrier providing transportation 
subject to subchapter I of chapter 105 apply to Amtrak Commuter. 
108 STAT. 920 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) APPLICATION OF CERTAIN ADDITIONAL LAWS.—This part and, 
to the extent consistent with this part, the District of Columbia 
Business Corporation Act (D.C. Code §29-301 et seq.) apply to 
Amtrak Commuter. 
(d) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.— 
A State or other law related to rates, routes, or service in connection 
with rail passenger transportation does not apply to Amtrak Com-
muter. 
(e) 
PREEMPTION 
RELATED TO EMPLOYEE 
WORK 
REQUIRE-
MENTS.—^A State may not adopt or continue in force a law, rule, 
regulation, order, or standard requiring Amtrak Commuter to 
employ a specified number of individuals to perform a particular 
task, function, or operation. 
(f) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this subsection, 
"additional tax" means a tax or fee— 
(A) on the acquisition, improvement, ownership, or oper-
ation of personal property by Amtrak Commuter; and 
(B) on real property, except a tax or fee on the acquisition 
of real property or on the value of real property not attributable 
to improvements made, or the operation of those improvements, 
by Amtrak Commuter. 
(2) Amtrak Commuter is not required to pay an additional 
tax because of an expenditure to acquire or improve real property, 
equipment, a facility, or right-of-way material or structures used 
to provide rail passenger transportation. 
(g) TAX EXEMPTION FOR CERTAIN COMMUTER AUTHORITIES.— 
A commuter authority with which Amtrak Commuter could have 
made a contract to provide commuter rail passenger transportation 
under this chapter but which decided to provide its own rail pas-
senger transportation beginning on January 1, 1983, is exempt, 
effective October 1, 1981, from paying a tax or fee to the same 
extent Amtrak is exempt. 
(h) NONAPPLICATION OF AGREEMENTS FOR FINANCIAL SUPPORT 
AND TRACKAGE RIGHTS.—^An agreement under which financial sup-
port was provided on January 2, 1974, to a commuter authority 
to continue rail passenger transportation does not apply to Amtrak 
Commuter. However, Amtrak and the Consolidated Rail Corpora-
tion retain appropriate trackage rights over rail property owned 
or leased by the authority. Compensation for the rights shall be 
reasonable. 
§24502. Board of directors 
(a) COMPOSITION.—^The board of directors of Amtrak Commuter 
is composed of the following directors: 
(1) the President of Amtrak Commuter. 
(2) one individual from the board of directors of Amtrak 
selected as a representative of commuter authorities that make 
contracts with Amtrak Commuter for the operation of commuter 
rail passenger transportation. 
(3) 2 individuals selected by the board of directors of 
Amtrak. 
(4) 2 individuals selected by commuter authorities for which 
Amtrak Commuter provides commuter rail transportation 
under this chapter. However, only one individual shall be 
selected under this clause if Amtrak Commuter provides the 
transportation for only one authority. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 921 
(b) TERMS.—Except as otherwise provided in this section, 
individuals shall serve for 2 years. 
(c) CHAIRMAN.—^The board shall select annually one of its mem-
bers to serve as Chairman. 
(d) PAY AND EXPENSES.—Each director not employed by the 
United States Government is entitled to $300 a day when perform-
ing board duties and powers. Each director is entitled to reimburse-
ment for necessary travel, reasonable secretarial and professional 
staff support, and subsistence expenses incurred in attending board 
meetings. 
(e) VACANCIES.—^A vacancy on the board is filled in the same 
way as the original selection. 
(f) BYLAWS.—^The board may adopt and amend bylaws govern-
ing the operation of Amtrak Commuter. The bylaws shall be consist-
ent with this part and the articles of incorporation. 
§24503. Officers 
(a) APPOINTMENT AND TERMS.—Amtrak Commuter has a Presi-
dent and other officers that are named and appointed by the board 
of directors of Amtrak Commuter. An officer of Amtrak Commuter 
must be a citizen of the LTnited States. Officers of Amtrak Commuter 
serve at the pleasure of the board. 
(b) PAY.—The board may fix the pay of the officers of Amtreik 
Commuter. An officer may be paid not more than the general 
level of pay for officers of rail carriers with comparable responsibil-
ity. 
(c) CONFLICTS OF INTEREST.—^When employed by Amtrak Com-
muter, an officer may not have a financial or employment relation-
ship with a rail carrier, except that holding securities issued by 
a rail carrier is not deemed to be a violation of this subsection 
if the officer holding the securities makes a complete public disclo-
sure of the holdings and does not participate in any decision directly 
affecting the rail carrier. 
§24504. General authority 
(a) GENERAL.—^Amtrak Commuter may— 
(1) acquire, operate, maintain, and make contracts for the 
operation of equipment and facilities necessary for commuter 
rail passenger transportation; 
(2) conduct research and development related to the mission 
of Amtrak Commuter; and 
(3) issue common stock to Amtrak. 
(b) OPERATION AND CONTROL.—TO the extent consistent with 
this part and with an agreement with a commuter authority, 
Amtrak Commuter shall operate and control all aspects of the 
commuter rail passenger transportation it provides. 
(c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE 
FUNC-
TIONS.—To the maximum extent practicable, Amtrak Commuter 
and Amtrak shall make an agreement that avoids duplicating 
employee functions and voluntarily establishes a consolidated work 
force. 
§ 24505. Commuter rail passenger transportation 
(a) GENERAL AUTHORITY.—^Amtrak Commuter— 
(1) shall provide commuter rail passenger transportation 
that the Consolidated Rail Corporation was obligated to provide 
on August 13, 1981, under section 303(b)(2) or 304(e) of the 
108 STAT. 922 
PUBLIC LAW 103-272—JULY 5, 1994 
Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(2), 
744(e)); and 
(2) may provide other commuter rail passenger transpor-
tation if the commuter authority for which the transportation 
will be provided offers to provide a commuter rail passenger 
transportation pajrment equal to the— 
(A) avoidable costs of providing the transportation 
(including the avoidable cost of necessary capital improve-
ments) and a reasonable return on the value; less 
(B) revenue attributable to the tr£insportation. 
(b) OFFER REQUIREMENTS.—(1) A commuter authority making 
an offer under subsection (a)(2) of this section shall— 
(A) show that it has obtained access to all rail property 
necessary to provide the additional commuter rail passenger 
transportation; and 
(B) make the offer according to regulations the Rail Services 
Planning Office prescribes under section 10362(b)(5)(A) and 
(6) of this title. 
(2) The Office may revise and update the regulations when 
necessary to carry out this section. 
(c) 
ADDITIONAL 
EMPLOYEE 
REQUIREMENTS.—Additional 
employee requirements shall be met through existing seniority 
arrangements agreed to in the implementing agreement negotiated 
under section 508 of the Rail Passenger Service Act. 
(d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter 
is not obligated to provide commuter rail passenger transportation 
if a commuter authority provides the transportation or makes a 
contract under which a person, except Amtrak Commuter, will 
provide the transportation. When appropriate, Amtrak Commuter 
shall give the authority or person access to the rail property needed 
to provide the transportation. 
(e) DISCONTINUANCE OF COMMUTER RAIL PASSENGER TRANSPOR-
TATION.—(1) Amtrak Commuter may discontinue commuter rail 
passenger transportation provided under this section on 60 days' 
notice if— 
(A) a commuter authority does not offer a commuter rail 
passenger transportation payment under subsection (aX2) of 
this section; or 
(B) a payment is not paid when due. 
Regulations. 
(2) The Office shall prescribe regulations on the necessary 
contents of the notice required under this subsection. 
(f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Com-
pensation by a commuter authority to Amtrak or Amtrak Commuter 
for right-of-way related costs for transportation over property 
Amtrs^ owns shall be determined under a method the Interstate 
Commerce Commission establishes under section 1163 of the Omni-
bus Budget Reconciliation Act of 1981 (45 U.S.C. 1111) or to which 
the parties agree. 
(g) APPLICATION OF OTHER LAWS.—^All laws related to commuter 
rail passenger transportation apply to a commuter authority provid-
ing commuter rail passenger transportation under this section. 
§24506. Certain duties and powers unaffected 
This chapter does not affect a duty or power of the Consolidated 
Rail Corporation or its successor and any bi-state commuter author-
ity under an agreement, lease, or contract under which property 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 923 
was conveyed to the Corporation under the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 701 et seq.). 
CHAPTER 247—AMTRAK ROUTE SYSTEM 
Sec. 
24701. Operation of basic system. 
24702. Improving rail passenger transportation. 
24703. Route and service criteria. 
24704. Transportation requested by States, authorities, and other persons. 
24705. Additional qualifying routes. 
24706. Discontinuance. 
24707. Cost and performance review. 
24708. Special commuter transportation. 
24709. International transportation. 
§24701. Operation of basic system 
(a) BY AMTRAK.—^Aintrak shall provide intercity rail passenger 
transportation within the basic system unless the transportation 
is provided by— 
(1) a rail carrier with which Amtrak did not make a con-
tract under section 401(a) of the Rail Passenger Service Act; 
or 
(2) a regional transportation authority under contract with 
Amtrak. 
(b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided 
in section 24306 of this title, a person may provide intercity rail 
passenger transportation over a route over which Amtrak provides 
scheduled intercity rail passenger transportation under a contract 
under section 401(a) of the Act only with the consent of Amtrak. 
§ 24702. Improving rail passenger transportation 
(a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue 
to csirry out its plan, submitted under section 305(f) of the Rail 
Passenger Service Act, to improve intercity rail passenger transpor-
tation provided in the basic system. The plan shall include— 
(1) a zero-based assessment of all operating practices; 
(2) changes to achieve the minimum use of employees 
consistent with safe operations and adequate transportation; 
(3) a systematic program for achieving the greatest ratio 
of train size to passenger demand; 
(4) a systematic program to reduce trip time in the basic 
system; 
(5) establishing training programs to achieve on-time 
departures; 
(6) establishing priorities for passenger trains over freight 
trains; 
(7) adjusting the buying and pricing of food and beverages 
so that food and beverage services ultimately will be profitable; 
(8) cooperative marketing opportunities between Amtrak 
and governmental authorities that have intercity rail passenger 
transportation; and 
(9) cooperative marketing campaigns sponsored by Amtrak 
and the Secretary of Energy, the Administrator of the Federal 
Highway Administration, and the Administrator of the Environ-
mental Protection Agency. 
(b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall— 
(1) identify any speed restriction a State or local govern-
ment imposes on a train of Amtrak that Amtrak decides 
108 STAT. 924 
PUBLIC LAW 103-272—JULY 5, 1994 
impedes Amtrak from achieving high-speed intercity rail pas-
senger transportation; and 
(2) consult with that State or local government— 
(A) to evaluate alternatives to the speed restriction, 
considering the local safety hazard that is the basis for 
the restriction; and 
(B) to consider modifying or eliminating the restriction 
to allow safe operation at higher speeds. 
(c) 
HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On 
reasonable request by a State, political subdivision of a State, 
regional partnership, private sector representative, or other quali-
fied person, Amtrak shall consult and cooperate to the extent fea-
sible with that person to assist the efforts of that person to achieve 
high-speed rail transportation through equipment upgrades, grade-
crossing safety improvements, and incremental 
infrastructure 
improvements on existing rail facilities that Amtrak uses (except 
the Northeast Corridor facilities). Not later than September 30, 
1993, Amtrak shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report on its 
efforts under this subsection. 
(d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or 
improve appropriate rail passenger transportation on a route 
between corridors that Amtrak decides is justified because it will 
increase ridership on trains of Amtrak on the route and in the 
connecting corridors. 
§ 24703. Route and service criteria 
(a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as pro-
vided in this part, route discontinuances and route additions shall 
comply with the route and service criteria. 
(b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS.—(1) 
Amtrak shall submit to Congress a draft of an amendment to 
the route and service criteria when Amtrak decides an amendment 
is appropriate. The amendment is effective at the end of the first 
period of 120 calendar days of continuous session of Congress after 
it is submitted unless there is enacted into law during the period 
a joint resolution stating Congress does not approve the amendment. 
(2) In this subsection— 
(A) a continuous session of Congress is broken only by 
an adjournment sine die; and 
(B) the 120-day period does not include days on which 
either House is not in session because of adjournment of more 
than 3 days to a day certain. 
(c) NONAPPLICATION.—^The route and service criteria do not 
apply to— 
(1) increasing or, because of construction schedules or other 
temporary disruptive facts or seasonal fluctuations in ridership, 
decreasing the number of trains on an existing route or a 
part of an existing route or on a route on which additional 
trains are being tested; 
(2) carrying out the recommendations developed under sec-
tion 4 of the Amtrak Improvement Act of 1978; 
(3) rerouting transportation between major population cen-
ters on an existing route; or 
(4)(A) modifying transportation operations under section 
24707(a) of this title; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 925 
(B) modifying the route system or discontinuing transpor-
tation under section 24707(b) of this title. 
§ 24704. Transportation requested by States, authorities, and 
other persons 
(a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1) 
A State, a regional or local authority, or another person may apply 
to Amtrak and request Amtrak to provide rail passenger transpor-
tation or keep any part of a train, route, or service that Amtrak 
intends to discontinue under section 24706(a) or (b) or 24707(a) 
or (b) of this title. An application shall— 
(A) assure Amtrak that the State, authority, or person 
has sufficient resources to meet its share of the cost of the 
transportation for the time the transportation will be provided; 
(B) contain a market analysis acceptable to Amtrak to 
ensure that there is adequate demand for the transportation; 
and 
(C) commit the State, authority, or person to provide at 
least 45 percent of the short term avoidable loss of providing 
the transportation the first year the transportation is provided 
and at least 65 percent of the short term avoidable loss each 
of the following years, and, except as provided in section 
24104(a) of this title, at least 50 percent of associated capital 
costs each year the transportation is provided. 
(2) An application submitted by more than one State shall 
be considered in the same way as an application submitted by 
one State, without it being necessary for each State to comply 
with paragraph (1) of this subsection. 
(b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each 
application submitted under subsection (a) of this section to decide 
whether— 
(A) the application complies with subsection (a); and 
(B) there is a reasonable probability that Amtrak can pro-
vide the transportation from available resources. 
(2) Amtrak may make an agreement with an applicant under 
this section to begin or keep the transportation if Amtrak decides 
that the transportation can be provided with resources available 
to Amtrak. An agreement may be renewed for additional periods 
of not more than 2 years each. 
(c) SELECTING AMONG COMPETING APPLICATIONS.—If more than 
one application is made for transportation consistent with the 
requirements of subsection (a) of this section, but all the transpor-
tation applied for cannot be provided with the available resources 
of Amtrak, the board of directors of Amtrak shall select the 
transportation that best serves the public interest and can be pro-
vided with the available resources of Amtrak. 
(d) FARE INCREASES.—(1) Before increasing a fare applicable 
to transportation provided under subsection (b)(2) of this section 
by more than 5 percent during a 6-month period, Amtrak shall 
consult with officials of each State affected by the increase and 
explain why the increase is necessary. 
(2) Except as provided in paragraph (3) of this subsection, 
a fare increase described in paragraph (1) of this subsection takes 
effect 90 days after Amtrak first consults with the affected States. 
However, not later than 30 days after the first consultation, a 
State may submit proposals to Amtrak for reducing costs and 
increasing revenues of the transportation. Amtrak shall consider 
108 STAT. 926 
PUBLIC LAW 103-272—JULY 5, 1994 
the proposals in deciding how much of the proposed increase shall 
go into effect. 
(3)(A) Amtrak may increase a fare without regard to the restric-
tions of this subsection during— 
(i) the first month of a fiscal year if the authorization 
of appropriations and the appropriations for Amtrak are not 
enacted at least 90 days before the beginning of the fiscal 
year; or 
(ii) the 30 days following enactment of an appropriation 
for Amtrak or a rescission of an appropriation. 
(B) Amtrak shall notify each affected State of an increase 
under subparagraph (A) of this paragraph as soon as possible 
after Amtrak decides to increase a fare. 
(e) DETERMINING Loss, COSTS, AND REVENUES.—After consult-
ing with officials of each State contributing to providing transpor-
tation under subsection (b)(2) of this section, the board shall estab-
lish the basis for determining short term avoidable loss and associ-
ated capital costs of, and revenues from, the transportation. Amtrak 
shall give State officials the basis for determining the loss, cost, 
and revenue for each route on which transportation is provided 
under subsection (b)(2). 
(f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak 
under an agreement with an applicant under subsection (b)(2) of 
this section that are allocated for associated capital costs remain 
available until expended. 
(g) ADVERTISING AND PROMOTION.—^At least 2 percent but not 
more than 5 percent of the revenue generated by transportation 
provided under subsection (b)(2) of this section shall be used for 
advertising and promotion at the local level. 
§24705. Additional qualifying routes 
(a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To main-
tain a national intercity rail passenger system in the United States 
and if a reduction in operating expenses can be achieved, Amtrak 
shall provide rail passenger transportation over each route the 
Secretary of Transportation recommended be discontinued under 
section 4 of the Amtrak Improvement Act of 1978 and may restruc-
ture a route to serve a major population center as an ending 
place or principal intermediate place. Transportation over a long 
distance route shall be maintained if the Amtrak estimate for 
the fiscal year ending September 30, 1980, was that the short 
term avoidable loss for each passenger mile on the route was 
not more than 7 cents. Transportation over a short distance route 
shall be maintained if the Amtrak estimate for the fiscal year 
ending September 30, 1980, was that the short term avoidable 
loss for each passenger mile on the route was not more than 
9 cents. 
(2) For all routes, Amtrak shall calculate short term avoidable 
loss for each passenger-mile based on consistently defined factors. 
Calculations shall be based on the most recent available statistics 
for a 90-day period, except that Amtrak may use historical informa-
tion adjusted to reflect the most recent available statistics. 
(b) DEFERRAL OF SECRETARY'S RECOMMENDATIONS.—(1) To pro-
vide equivalent or improved transportation consistent with the goals 
of section 4(a) of the Act, Amtrak may defer carrying out a rec-
ommendation of the Secretary under section 4 of the Act that 
requires providing transportation over a rail line not used in inter-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 927 
city rail passenger transportation on May 24, 1979, requires using 
a new facility, or requires making a new labor agreement, until 
any necessary capital improvements are made in the line or facility 
or the agreement is made. 
(2) Notwithstanding another law and the route and service 
criteria, during the period a decision of the Secretary under section 
4 of the Act is deferred, j\mtrak shall provide substitute transpor-
tation over existing routes recommended for restructuring and over 
other existing feasible routes. Except for trsmsportation concentrat-
ing on commuter ridership over a short haul route, transportation 
provided under this paragraph may be provided only if the route 
complies with subsection (a) of this section, adjusted to reflect 
constant 1979 dollars. 
(c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding 
this part, Amtrak may provide short haul trains on additional 
routes totaling not more than 200 miles that link at least 2 major 
metropolitan areas— 
(1) on a demonstration basis to establish the feasibility 
and benefits of the transportation; and 
(2) to the extent available resources allow. 
(d) ROUTES DISCONTINUED BY RAIL CARRIERS.—-Amtrak may 
undertake to provide rail passenger transportation between places 
served by a rail carrier filing a notice of discontinuance under 
section 10908 or 10909 of this title. 
§24706. Discontinuance 
(a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in 
subsection (b) of this section, at least 90 days before a discontinu-
ance under section 24704 or 24707(a) or (b) of this title, Amtrak 
shall give notice of the discontinuance in the way Amtrak decides 
will give a State, a regional or local authority, or another person 
the opportunity to agree to share the cost of £iny part of the 
train, route, or service to be discontinued. 
(2) Notice of the disamtinuance under section 24704 or 24707(a) 
or (b) of this title shall be posted in all stations served by the 
train to be discontinued at least 14 days before the discontinuance. 
(b) 
DISCONTINUANCE FOR LACK OF APPROPRIATIONS.—(1) 
AmtrEik may discontinue service under section 24704 or 24707(a) 
or (b) of this title during— 
(A) the first month of a fiscal year if the authorization 
of appropriations and the appropriations for Amtrak are not 
enacted at least 90 days before the beginning of the fiscal 
year; and 
(B) the 30 days following enactment of an appropriation 
for Amtrak or a rescission of an appropriation. 
(2) Amtrak shall notify each affected State or regional or local 
transportation authority of a discontinuance under this subsection 
as soon as possible after Amtrak decides to discontinue the service. 
(c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a 
rail carrier (including a terminal company) shall provide fair and 
equitable arrangements to protect the interests of employees of 
Amtrak or a rail carrier, as the case may be, affected by a dis-
continuance of intercity rail passenger service, including a dis-
continuance of service provided by a rail carrier under a facility 
or service agreement under section 24308(a) of this title under 
a modification or ending of the agreement or because Amtrak begins 
providing that service. Arrangements shall include provisions that 
may be necessary for— 
108 STAT. 928 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) the preservation of rights, privileges, and benefits 
(including continuation of pension rights and benefits) under 
existing collective bargaining agreements or otherwise; 
(B) the continuation of collective bargaining rights; 
(C) the protection of individual employees against a worsen-
ing of their positions related to employment; 
(D) assurances of priority of reemployment of employees 
whose emplojrment is ended or who are laid off; and 
J 
(E) paid training and retraining programs. 
(2) With respect to Amtrak's obligations under this subsection 
£ind in an agreement to carry out this subsection involving only 
Amtrak and its employees, a discontinuance of intercity rail pas-
senger service does not include an adjustment in frequency, or 
seasonal suspension of intercity rail passenger trains that causes 
a temporary suspension of service, unless the adjustment or suspen-
sion reduces passenger train operations on a particular route to 
fewer than 3 round trips a week at any time during a calendar 
year. 
(3) Arrangements under this subsection shall provide benefits 
at least equal to benefits established under section 11347 of this 
title. 
(4) A contract under this chapter or section 24308(a) of this 
title shall specifv the terms of protective arrangements. 
(5) This suDsection does not impose on Amtrak an obligation 
of a rail carrier related to a right, privilege, or benefit earned 
by an employee because of previous service performed for the car-
rier. 
(6) This subsection does not apply to Amtrak Commuter. 
§ 24707. Cost and performance review 
(a) ROUTE REVIEWS.—Amtrak shall review annually each route 
in the basic system to decide if the route meets the long distance 
or short distance route criterion, as appropriate, under section 
24705(a)(1) of this title, adjusted to reflect constant 1979 dollars. 
The review shall include an evaluation of the potential market 
demand for, and the cost of providing trcuisportation on, a part 
of the route and an alternative route. Amtrak shall submit the 
results of the review to the House of Representatives, the Senate, 
and the Secretary of Transportation. If Amtrak decides that a 
route will not meet the criterion under section 24705(a)(1), as 
adjusted, Amtrak shall modify or discontinue rail passenger 
transportation operations on the route so that it will meet the 
criterion. 
(b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.— 
Not later than 30 days after the beginning of each fiscal year, 
Amtrak shall evaluate the financial requirements for operating 
the basic system and the progress in achieving the system-wide 
performance standards prescribed under this part during the fiscal 
year. If Amtrak decides amounts available for the fiscal year are 
not enough to meet estimated operating costs, or if Amtrak esti-
mates it cannot meet the performance standards, Amtrak shall 
act to reduce costs and improve performance. Action under this 
subsection shall be designed to continue the maximum level of 
transportation practicable, including— 
(1) changing the frequency of transportation; 
(2) increasing fares; 
PUBLIC LAW 103-2T2—JULY 5, 1994 
108 STAT. 929 
(3) reducing the cost of sleeper car and dining car service 
on certain routes; 
(4) increasing the passenger capacity of cars used on certain 
routes; and 
(5) modifying the route system or discontinuing transpor-
tation over routes, considering short term avoidable loss and 
the number of passengers served on those routes. 
(c) COST LIMITATIONS AND REVENUE GOALS.—^Annual costs of 
Amtrak may not be more than amounts, including grants made 
under section 24104 of this title, contributions of States, regional 
and local authorities, and other persons, and revenues, available 
to Amtrak in the fiscal year. Amtrak annually shall set a goal 
of recovering an amount so that its revenues, including contribu-
tions, is at least 61 percent of its costs, except capital costs. 
(d) CONDUCTOR REPORTS.—^To assess the operational perform-
ance of trains, the President of Amtrak may direct the conductor 
on any train of Amtrak to report to Amtrak any inadequacy of 
train operation. The report shall be signed by the conductor, contain 
sufficient information to locate equipment or personnel failures, 
and be submitted promptly to Amtrak. 
§ 24708. Special commuter transportation 
(a) TRANSPORTATION TO BE CONTINUED IF CRITERION MET.— 
Amtrak shall continue to provide rail passenger transportation 
provided under section 403(d) of the Rail Passenger Service Act 
before October 1, 1981, if, after considering estimated fare increases 
and State and local contributions to the transportation, the 
transportation meets the short distance route criterion under section 
24705(a)(1) of this title, as adjusted. Transportation continued under 
this section shall be financed consistent with the method of financ-
ing in effect on September 30, 1981. If the transportation is not 
estimated to meet the criterion, as adjusted, Amtrak may modify 
or discontinue the transportation so that the criterion is met. 
(b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Not-
withstanding subsection (a) of this section, if after September 30, 
1993, and before October 1, 1995, transportation provided under 
subsection (a) on a route during the prior 6 months has a short-
term avoidable loss (excluding the cost of providing passenger equip-
ment needed to provide the transportation), Amtrak may choose 
to consider modifying or discontinuing the transportation. If Amtrak 
does make such a choice, Amtrak shall solicit public comment 
for at least 30 days on alternatives to the modification or discontinu-
ance. Not later than 60 days after the comment period ends, Amtrak 
may modify or discontinue the transportation so that there is no 
short-term avoidable loss under this section for providing the 
transportation on the route. 
§ 24709. International transportation 
Amtrak may develop and operate international intercity rail 
passenger transportation between the United States and Canada 
and between the United States and Mexico. The Secretary of the 
Treasury and the Attorney General, in cooperation with Amtrak, 
shall maintain, consistent with the effective enforcement of the 
immigration and customs laws, en route customs inspection and 
immigration procedures for international intercity rail passenger 
transportation that will— 
(1) be convenient for passengers; and 
108 STAT. 930 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) result in the quickest possible international intercity 
rail passenger transportation. 
CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT 
PROGRAM 
Sec. 
24901. 
Definitions. 
24902. Goals and requirements. 
24903. Program master plan for Boston-New York main line. 
24904. General authority. 
24905. Coordination board and safety committee. 
24906. Eliminating highway at-grade crossings. 
24907. Note and mortgage. 
24908. Transfer taxes and levies and recording charges. 
24909. Authorization of appropriations. 
§24901. Definitions 
In this chapter— 
(1) "final system plan" means the final system plan (includ-
ing additions) adopted by the United States Railway Association 
under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 
701 et seq.). 
(2) "rail carrier" means an express carrier and a rail carrier 
as defined in section 10102 of this title, including Amtrak. 
§ 24902. Goals and requirements 
(a) NORTHEAST CORRIDOR IMPROVEMENT PLAN.—To the extent 
of amounts appropriated under section 24909 of this title, Amtrak 
shall carry out a Northeast Corridor improvement program to 
achieve the following goals: 
(1) establish not later than September 30, 1985, regularly 
scheduled and dependable intercity rail passenger transpor-
tation between— 
(A) Boston, Massachusetts, and New York, New York, 
in not more than 3 hours and 40 minutes, including inter-
mediate stops; and 
(B) New York, New York, and the District of Columbia, 
in not more than 2 hours and 40 minutes, including inter-
mediate stops; 
(2) improve facilities, under route criteria approved by Con-
gress, on routes to Harrisburg, Pennsylvania, Albany, New 
York, and Atlantic City, New Jersey, from the Northeast Cor-
ridor main line, and to Boston, Massachusetts, and New Haven, 
Connecticut, from Springfield, Massachusetts, to make those 
facilities more compatible with improved high-speed transpor-
tation provided on the Northeast Corridor main line; 
(3) improve nonoperational parts of stations, related facili-
ties, and fencing used in intercity rail passenger transportation; 
(4) facilitate improvements in, and usage of, commuter 
rail passenger, rail rapid transit, and local public transpor-
tation, to the extent compatible with clauses (l)-(3) of this 
subsection and subsections (f) and (h) of this section; 
(5) maintain and improve rail freight transportation in 
or adjacent to the Northeast Corridor and through-freight 
transportation in the Northeast Corridor, to the extent compat-
ible with clauses (l)-(4) of this subsection and subsections 
(f) and (h) of this section; 
(6) continue and improve passenger radio mobile telephone 
service on high-speed rail passenger transportation between 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 931 
Boston, Massachusetts, and the District of Columbia, to the 
extent compatible with clauses (IMS) of this subsection and 
subsections (f) and (h) of this section; and 
(7) eliminate to the maximum extent practicable congestion 
in rail freight and rail passenger transportation at the Balti-
more and Potomac Tunnel in Baltimore, Maryland, by rehabili-
tating £ind improving the tunnel and the rail lines approaching 
the tunnel. 
(b) MANAGING COSTS AND REVENUES.^Amtrak shall manage 
its operating costs, pricing policies, and other factors with the 
goal of having revenues derived each fiscal year from providing 
intercity rgdl passenger transportation over the Northeast Corridor 
route between the District of Columbia and Boston, Massachusetts, 
equal at least the operating costs of providing that transportation 
in that fiscal year. 
(c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty 
percent of the cost of improvements under subsection (a)(3) of 
this section shall be paid by a State, local or regional transportation 
authority or other responsible party. However, Amtrak may finance 
entirely a safety-related improvement. 
(2) When a part of the cost of improvements under subsection 
(a)(3) of this section will be paid by a responsible party under 
paragraph (1) of this subsection, Amtrak may make an agreement 
with the party under which Amtrak— 
(A) shall carry out the improvements with amounts appro-
priated under section 24909 of this title and the party shall 
reimburse Amtrak; and 
(B) to the extent provided in an appropriation law, may 
incur obligations for contracts to carry out the improvements 
in anticipation of reimbursement. 
(3) Amounts reimbursed to Amtrak under paragraph (2) of 
this subsection shall be credited to the appropriation originally 
charged for the cost of the improvements and sire available for 
further obligation. 
(d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The Presi-
dent and departments, agencies, and instrumentalities of the United 
States Government shall assist Amtrak under subsection (aX6) 
of this section, subject to the Communications Act of 1934 (47 
U.S.C. 151 et seq.) and radio services standards, when the Federal 
Communications Commission decides the assistance is in the public 
interest, convenience, and necessity. 
(e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.— 
When selecting and scheduling specific projects, Amtrak shall apply 
the following considerations, in the following order of priority: 
(1) Safety-related items should be completed before other 
items because the safety of the passengers and users of the 
Northeast Corridor is paramount. 
(2) Activities that benefit the greatest number of passengers 
should be completed before activities involving fewer pas-
sengers. 
(3) Reliability of intercity rail passenger transportation 
must be emphasized. 
(4) Trip-time requirements of this section must be achieved 
to the extent compatible with the priorities referred to in para-
graphs (l)-(3) of this subsection. 
108 STAT. 932 
PUBLIC LAW 103-272--JIJLY 5,1994 
(5) Improvements that will pay for the investment by 
achieving lower operating or maintenance costs should be car-
ried out before other improvements. 
(6) Construction operations should be scheduled so that 
the fewest possible passengers are inconvenienced, transpor-
tation is maintained, and the on-time performance of Northeast 
Corridor commuter rail passenger and rail freight transpor-
tation is optimized. 
(7) Planning should focus on completing activities that 
will provide immediate benefits to users of the Northeast Cor-
ridor. 
(f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUC-
TION OF MAXIMUM LABOR BENEFITS.—Improvements under this sec-
tion shall be compatible with future improvements in transportation 
and shall produce the maximum labor benefit from hiring individ-
uals presently unemployed. 
(g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating 
on the Northeast Corridor main line or between the main line 
and Atlantic City shall be equipped with an automatic train control 
system designed to slow or stop the train in response to an external 
signal. 
(h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall 
establish intercity rail passenger transportation in the Northeast 
Corridor that carries out section 703(1)(E) of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (Ihiblic Law 94-210, 
90 Stat. 121). 
(i) 
EQUIPMENT 
DEVELOPMENT.—Amtrak 
shall 
develop 
economical and reliable equipment compatible with track, operating, 
and marketing characteristics of the Northeast Corridor, including 
the capability to meet reliable trip times under section 703(1XE) 
of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210, 90 Stat. 121) in regularly scheduled revenue 
transportation in the Corridor, when the Northeast Corridor 
improvement program is completed. Amtrak must decide that equip-
ment complies with this subsection before buying equipment with 
financial assistance of the Grovemment. Amtrak shall submit a 
request for an authorization of appropriations for production of 
the equipment. 
(j) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT 
TRANSPORTATION.—(1) Amtrak may make an agreement with a 
rail freight carrier or a regional transportation authority under 
which the carrier will carry out an alternate ofF-corridor routing 
of rail freight transportation over rail lines in the Northeast Cor-
ridor between the District of Columbia and New York metropolitan 
areas, including intermediate points. The agreement shall be for 
at least 5 years. 
(2) Amtrak shall apply to the Interstate Commerce Commission 
for approval of the agreement and all related agreements accom-
panying the application as soon as the agreement is made. If 
the Commission finds that approval is necessaiy to carry out this 
chapter, the Commission shall approve the application and related 
agreements not later than 90 days after receiving the application. 
(3) If an agreement is not made under paragraph (1) of this 
subsection, Amtrak, with the consent of the other parties, may 
apply to the Interstate Commerce Commission. Not later than 90 
days after the application, the Commission shall decide on the 
terms of an agreement if it decides that doing so is necessary 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 933 
to carry out this chapter. The decision of the Commission is binding 
on the other parties. 
(k) COORDINATION.—<1) The Secretary of Transportation shall 
coordinate— 
(A) transportation programs related to the Northeast Cor-
ridor to ensure that the programs are integrated and consistent 
with the Northeast Corridor improvement program; and 
(B) amounts from departments, agencies, and instrumental-
ities of the Government to achieve urban redevelopment and 
revitalization in the vicinity of urban rail stations in the North-
east Corridor served by intercity and commuter rail passenger 
transportation. 
(2) If the Secretary finds significant noncompliance with this 
section, the Secretary may deny financing to a noncomplying pro-
gram until the noncompliance is corrected. 
(1) COMPLETION.—^Atntrak shall give the highest priority to 
completing the program. 
§ 24903. Program master plan for Boston-New York main line 
(a) CoNTENTS.^Not later than October 27, 1993, in consultation 
with Amtrak and the commuter and freight rail carriers operating 
over the Northeast Corridor main line between Boston, Massachu-
setts, and New York, New York, the Secretary of Transportation 
shall submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a program master plan for a 
coordinated program of improvements to that main line that will 
allow the establishment of regularly scheduled, safe, and depend-
able rail passenger transportation between Boston, Massachusetts, 
and New York, New York, in not more than 3 hours, including 
intermediate stops. The plan shall include— 
(1) a description of the implications of the improvements 
for the regional transportation system, including the probable 
effects on general travel trends and on travel volumes in other 
transportation modes and the implications for State and local 
governments in achieving compliance with the Clean Air Act 
(42 U.S.C. 7401 et seq.); 
(2) an identification of the coordinated program of improve-
ments and the specific projects of that program, including the 
estimated costs, schedules, timing, and relationship of those 
projects with other projects; 
(3) an identification of the financial responsibility for the 
specific projects of that program and the sources of the amounts 
for the projects; 
(4) an operating plan for the construction period of the 
improvements that shows a coordinated approach to scheduling 
intercity and commuter trains; 
(5) an operating plan for the coordinated scheduling of 
intercity and commuter trains for the period after the program 
is completed, including priority scheduling, dispatching, and 
occupancy of tracks for appropriately frequent, regularly sched-
uled intercity r£iil passenger transportation between Boston, 
Massachusetts, and New York, New York, in not more than 
3 hours, including intermediate stops; 
(6) a comprehensive plsin to control future congestion in 
the Northeast Corridor attributable to increases in intercity 
and commuter rail passenger transportation; 
108 STAT. 934 
PUBLIC LAW 103-272—JULY 5, 1994 
(7) an assessment of long-term operational safety needs 
and a list of specific projects designed to maximize operational 
safety; and 
(8) comments that Amtrak submits to the Secretary on 
the plan. 
(b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The 
Secretary shall submit to Congress any modification made to the 
program master plan and comments that Amtrak submits on the 
modification. 
§24904. General authority 
(a) GENERAL.—^To carry out this chapter and the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may— 
(1) acquire, maintain, and dispose of any interest in prop-
erty used to provide improved high-speed rail transportation 
under section 24902 of this title; 
(2) acquire any interest in real property that Amtrak 
considers necessary to carry out the goals of section 24902; 
(3) provide for rail freight, intercity rail passenger, and 
commuter rail passenger transportation over property acquired 
under this section; 
(4) improve rail rights of way between Boston, Massachu-
setts, and the District of Columbia (including the route through 
Springfield, Massachusetts, and routes to Harrisburg, Penn-
sylvania, and Albany, New York, from the Northeast Corridor 
main line) to achieve the goals of section 24902 of providing 
improved high-speed rail passenger transportation between 
Boston, Massachusetts, and the District of Columbia, and inter-
mediate intercity markets; 
(5) acquire, build, improve, and install passenger stations, 
communications and electric power facilities and equipment, 
public and private highway and pedestrian crossings, and other 
facilities and equipment necessary to provide improved high-
speed rail passenger transportation over rights of way improved 
under clause (4) of this subsection; 
(6) make agreements with other carriers and commuter 
authorities to grant, acquire, or make arrangements for rail 
freight or commuter rail passenger transportation over, rights 
of way and facilities acquired under the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
801 et seq.); 
(7) appoint a general manager of the Northeast Corridor 
improvement program; and 
(8) make agreements with telecommunications common car-
riers, subject to the Communications Act of 1934 (47 U.S.C. 
151 et seq.), to continue existing, and establish new and 
improved, passenger radio mobile telephone service in the high-
speed rail passenger transportation area specified in section 
24902(a)(1) and (2). 
(b) COMPENSATORY AGREEMENTS.—Rail freight and commuter 
rail passenger transportation provided under subsection (a)(3) of 
this section shall be provided under compensatory agreements with 
the responsible carriers. 
(c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS 
OF WAY AND FACILITIES.—(1) An agreement under subsection (a)(6) 
of this section shall provide for reasonable reimbursement of costs 
'«fc»r^-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 935 
but may not cross-subsidize intercity rail passenger, commuter rail 
passenger, and rail freight transportation. 
(2) If the parties do not agree, the Interstate Commerce 
Commission shall order that the transportation continue over facili-
ties acquired under the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 701 et seq.) and the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 801 et seq.) and shall deter-
mine compensation (without allowing cross-subsidization between 
intercity rail passenger gmd rail freight transportation) for the 
transportation not later than 120 days after the dispute is submit-
ted. The Commission shall assign to a rail freight carrier obtaining 
trsuisportation under this subsection the costs Amtrak incurs only 
for the benefit of the carrier, plus a proportionate share of all 
other costs of providing transportation under this paragraph 
incurred for the common benefit of Amtrak and the carrier. The 
proportionate share shall be based on relative measures of volume 
of car operations, tonnage, or other factors that reasonably reflect 
the relative use of rail property covered by this subsection. 
(3) This subsection does not prevent the parties from making 
an agreement under subsection (a)(6) of this section sifter the 
Commission makes a decision under this subsection. 
§ 24905. Coordination board and safety committee 
(a) 
NORTHEAST CORRIDOR COORDINATION BOARD.—(1) 
The 
Northeast Corridor Coordination Board is composed of the following 
members: 
(A) one individual from each commuter authority (as 
defined in section 1135(a) of the Omnibus Budget Reconciliation 
Act of 1981 (45 U.S.C. 1104)) that provides or makes a contract 
to provide commuter rail passenger transportation over the 
main line of the Northeast Corridor. 
(B) 2 individuals selected by Amtrak. 
(C) one individual selected by the Consolidated Rail Cor-
poration. 
(2) The Board shall recommend to Amtrak— 
(A) policies that ensure equitable access to the Northeast 
Corridor, considering the need for equitable access by commuter 
and intercity rail passenger transportation and the require-
ments of section 24308(c) of this title; and 
(B) equitable policies for the Northeast Corridor related 
to— 
(i) dispatching; 
(ii) public information; 
(iii) maintaining equipment and facilities; 
(iv) major capital facility investments; and 
(v) harmonizing equipment acquisitions, rates, and 
schedules. 
(3) The Board may recommend to the board of directors and 
President of Amtrak action necessary to resolve differences on 
providing transportation, except for facilities and transportation 
matters under section 24308(a) or 24904(a)(5) and (c) of this title. 
(b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The North-
east Corridor Safety Committee is composed of members appointed 
by the Secretary of Transportation. The members shall be represent-
atives of— 
(A) the Secretary; 
(B) Amtrak; 
108 STAT. 936 
PUBLIC LAW 103-272—JULY 5, 1994 
(C) freight carriers operating more than 150,000 train miles 
a year on the main line of the Northeast Corridor; 
(D) commuter agencies; 
(E) rail passengers; 
(F) rail labor; and 
(G) other individuals and organizations the Secretary 
decides have a significant interest in rail safety. 
(2) The Secretary shall consult with the Committee about safety 
improvements on the Northeast Corridor main line. The Committee 
shall meet at least once every 2 years to consider safety matters 
on the main line. 
(3) At the beginning of the first session of each Congress, 
the Secretary shall submit a report to Congress on the status 
of efforts to improve safety on the Northeast Corridor main line. 
The report shall include the safety recommendations of the Commit-
tee and the comments of the Secretary on those recommendations. 
(4) The Committee shall cease to exist on January 1, 1999, 
or on another date the Secretary decides is appropriate. The Sec-
retary shall notify Congress in writing of a decision to terminate 
the Committee on another date. 
§ 24906. Eliminating highway at-grade crossings 
(a) PLAN.—In consultation with the States on the main line 
of the Northeast Corridor, the Secretary of Transportation shall 
develop a plan not later than September 30, 1993, to eliminate 
all highway at-grade crossings of the main line by not later than 
December 31, 1997. The plan may provide that eliminating a cross-
ing is not required if— 
(1) impracticable or unnecessary; and 
(2) using the crossing is consistent with conditions the 
Secretary considers appropriate to ensure safety. 
(b) AMTRAK'S SHARE OF COSTS.—Amtrak shall pay 20 percent 
of the cost of eliminating each highway at-grade crossing under 
the plan. 
§24907. Note and mortgage 
(a) GENERAL AUTHORITY.—^To secure amounts expended by the 
United States (government to acquire and improve rail property 
designated under section 206(c)(1)(C) and (D) of the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the 
Secretary of Transportation may obtain a note of indebtedness 
from, and make a mortgage agreement with, Amtrak to establish 
a mortgage lien on the property for the Government. The note 
and mortgage may not supersede section 24904 of this title. 
(b) EXEMPTIONS FROM LAWS AND REOULATiONS.^The note and 
agreement under subsection (a) of this section, and a transaction 
related to the note or agreement, are exempt from any United 
States, State, or local law or regulation that regulates securities 
or the issuance of securities. The note, agreement, or transaction 
under this section has the same immunities from other laws that 
section 601 of the Act (45 U.S.C. 791) gives to transactions that 
comply with or carry out the final system plan. The transfer of 
rail property because of the note, agreement, or transaction has 
the same exemptions, privileges, and immunities that the Act (45 
U.S.C. 701 et seq.) gives to a transfer ordered or approved by 
the special court under section 303(b) of the Act (45 U.S.C. 743(b)). 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 937 
(c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak, 
its board of directors, and its individual directors are not liable 
because Amtrak has given or issued the note or agreement to 
the Grovemment under subsection (a) of this section. Immunity 
granted under this subsection also applies to a transaction related 
to the note or agreement,. The Government shall indemnify Amtrak, 
its board, and individual directors against costs and expenses actu-
ally and reasonably incurred in defending a civil action testing 
the validity of the note, agreement, or transaction. 
§ 24908. Transfer taxes and levies and recording charges 
A transfer of an interest in rail property under this chapter 
is exempt from a tax or levy related to the transfer that is imposed 
by the United States Grovernment, a State, or a political subdivision 
of a State. On payment of the appropriate and generally applicable 
charge for the service performed, a transferee or transferor may 
record an instrument and, consistent with the final system plan, 
the release or removal of a pre-existing lien or encumbrance of 
record related to the interest transferred. 
§ 24909. Authorization of appropriations 
(a) GENERAL.—<1) Not more than $2,313,000,000 may be appro-
priated to the Secretary of Transportation to achieve the goals 
of section 24902(a)(1) of this title. From this amount, the following 
amounts shall be expended by Amtrak: 
(A) at least $27,000,000 for equipment modification and 
replacement that a State or a local or regional transportation 
authority must bear because of the electrification conversion 
system of the Northeast Corridor under this chapter. 
(B) $30,000,00a-
(i) to improve the main line track between the North-
east Corridor main line and Atlantic City, New Jersey, 
to ensure that the track, consistent with a plan New Jersey 
developed in consultation with Amtrak to provide rail pas-
senger transportation between the Northeast Corridor main 
line and Atlantic City, New Jersey, would be of sufficient 
quality to allow safe rail passenger transportation at a 
minimum of 79 miles an hour not later than September 
30, 1985; and 
(ii) to promote rail passenger use of the track. 
(C) necessary amounts to— 
(i) develop Union Station in the District of Columbia; 
(ii) install 189 track-miles, and renew 133 track-miles, 
of concrete ties with continuously welded rail between the 
District of Columbia and New York, New York; 
(iii) install reverse signaling between Philadelphia, 
Pennsylvania, and Morrisville, Pennsylvania, on numbers 
2 and 3 track; 
(iv) restore ditch drainage in concrete tie locations 
between the District of Columbia and New York, New 
York; 
(v) undercut 83 track-miles between the District of 
Columbia and New York, New York; 
(vi) rehabilitate bridges between the District of Colum-
bia and New York, New York (including Hi line); 
(vii) develop a maintenance of way equipment repair 
facility between the District of Columbia and New York, 
108 STAT. 938 
PUBLIC LAW 103-272-^JULY 5,1994 
New York, and build maintenance of way bases at Philadel-
phia, Pennsylvania, Sunnyside, New York, and Cedar Hill, 
Connecticut; 
(viii) stabilize the roadbed between the District of 
Columbia and New York, New York; 
(ix) automate the Bush River Drawbridge at milepost 
72.14; 
(x) improve the New York Service Facility to develop 
rolling stock repair capability; 
(xi) install a rail car washer facility at Philadelphia, 
Pennsylvania; 
(xii) restore storage tracks and buildings at the 
Washington Service Facility; 
(xiii) install centralized traffic control from Landlith, 
Delaware, to Philadelphia, Pennsylvsinia; 
(xiv) improve track, including high speed surfacing, 
ballast cleaning, and associated equipment repair and 
material distribution; 
(xv) rehabilitate interlockings between the District of 
Columbia and New York, New York; 
(xvi) paint the Connecticut River, Groton, and Pelham 
Bay bridges; 
(xvii) provide additional catenary renewal and power 
supply upgrading between the District of Columbia and 
New York, New York; 
(xviii) rehabilitate structural, electrical, and mechani-
cal systems at the 30th Street Station in Philadelphia, 
Pennsylvania; 
(xix) install evacuation and fire protection facilities 
in tunnels in New York, New York; 
(xx) improve the communication and signal systems 
between Wilmington, Delaware, and Boston, Massachu-
setts, on the Northeast Corridor main line, and between 
Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, 
on the Harrisburg Line; 
(xxi) improve the electric traction systems between 
Wilmington, Delaware, and Newark, New Jersey; 
(xxii) install baggage rack restraints, seat back guards, 
and seat lock devices on 348 passenger cars operating 
in the Northeast Corridor; 
(xxiii) install 44 event recorders and 10 electronic 
warning devices on locomotives operating within the North-
east Corridor; and 
(xxiv) acquire cab signal test boxes and install 9 way-
side loop code transmitters for use within the Northeast 
Corridor. 
(2) The following additional amounts may be appropriated to 
the Secretary for expenditure by Amtrak: 
(A) not more than $150,000,000 to achieve the goal of 
section 24902(a)(3) of this title. 
(B) not more than $120,000,000 to acquire interests in 
property in the Northeast Corridor. 
(C) not more than $650,000 to develop and use mobile 
radio frequencies for passenger radio mobile telephone service 
on hi^-speed rail passenger transportation. 
(D) not more than $20,000,000 to acquire and improve 
interests in rail property designated under section 206(cXlXD) 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 939 
of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 
716(c)(1)(D)). 
(E) not more than $37,000,000 to carry out section 
24902(a)(7) and (j) of this title. 
(b) EMERGENCY MAINTENANCE.—Not more than $25,000,000 
of the amount appropriated under the Act of February 28, 1975 
(Public Law 94-6, 89 Stat. 11), may be used by Amtrak for emer-
gency maintenance on rail property designated under section 
206(c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 716(c)(1)(C)). 
(c) PRIORITY IN USING CERTAIN AMOUNTS.—Amounts appro-
priated under subsection (a)(2)(B) and (D) of this section shall 
be used first to repay, with interest, obligations guaranteed under 
section 602 of the Rail Passenger Service Act, if the proceeds 
of those obligations were used to pay the expenses of acquiring 
interests in property referred to in subsection (aX2)(B) and (D). 
(d) 
PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT 
OPERATING LOSSES.—Amounts appropriated under this section may 
not be used to subsidize operating losses of commuter rail or rail 
freight transportation. 
(e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS.— 
(1) A project for which amounts are authorized under subsection 
(aXl)(C) of this section is a part of the Northeast Corridor improve-
ment program and is not a substitute for improvements specified 
in the document "Corridor Master Plan II, NECIP Restructured 
Program" of January, 1982. However, Amtrak mav defer the project 
to carry out the improvement and rehabilitation for which amounts 
are authorized under subsection (a)(lXB) of this section. The total 
cost of the project that Amtrak defers may not be substantially 
more than the amount Amtrak is required to expend or reserve 
under subsection (a)(1)(B). 
(2) Section 24902 of this title is deemed not to be fulfilled 
until the projects under subsection (a)(1)(C) of this section are 
completed. 
(f) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
subsection (aXD and (2)(A) and (C)-(E) of this section remain 
available until expended. 
(g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.— 
An amount greater than that authorized for a fiscal year may 
be appropriated to the extent that the amount appropriated for 
any prior fiscal year is less than the amount authorized for that 
year. 
PART 
D—MISCELLANEOUS 
CHAPTER 
261—LAW 
ENFORCEMENT 
Sec. 
26101. Rail police officers. 
26102. Limit on certain accident or incident liability. 
§ 26101. Rail police officers 
Under regulat'ons prescribed by the Secret'ry of Transpor- Regulations, 
tation, a rail police officer who is employed by a rail carrier and 
certified or commissioned as a police officer under the laws of 
a State may enforce the laws of any jurisdiction in which the 
rail carrier owns property, to the extent of the authority of a 
108 STAT. 940 
PUBLIC LAW 103-272—JULY 5,1994 
police officer certified or commissioned under the laws of that 
jurisdiction, to protect— 
(1) employees, passengers, or patrons of the rail carrier; 
(2) property, equipment, and facilities owned, leased, oper-
ated, or maintained by the rail carrier; 
(3) property moving in interstate or foreign commerce in 
the possession of the rail carrier; and 
(4) personnel, equipment, and material moving by rail that 
are vital to the national defense. 
§ 26102. Limit on certain accident or incident liability 
(a) GENERAL.—^When a publicly financed commuter transpor-
tation authority established under Virginia law makes a contract 
to indemnify Amtrak for liability for operations conducted by or 
for the authority or to indemnify a rail carrier over whose tracks 
those operations are conducted, liability against Amtrak, the author-
ity, or the carrier for all claims (including punitive damages) arising 
from an accident or incident in the District of Columbia related 
to those operations may not be more than the limits of the liability 
coverage the authority maintains to indemnify Amtrak or the car-
rier. 
(b) MINIMUM REQUIRED LIABILITY COVERAGE.—A publicly 
financed commuter transportation authority referred to in sub-
section (a) of this section must maintain a total minimum liability 
coverage of at least $200,000,000. 
(c) EFFECTIVENESS.—^This section is effective only after Amtrak 
or a rail carrier seeking an indemnification contract under this 
section makes an operating agreement with a publicly financed 
commuter transportation authority established under Virginia law 
to provide access to its property for revenue transportation related 
to the operations of the authority. 
SUBTITLE VI—MOTOR VEHICLE AND DRIVER 
PROGRAMS 
PART A—GENERAL 
CHAPTER 
Sec. 
30L MOTOR VEHICLE SAFETY 
30101 
303. 
NATIONAL DRIVER REGISTER 
30301 
305. 
NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM 
30501 
PART B—COMMERCIAL 
31L COMMERCIAL MOTOR VEHICLE SAFETY 
31101 
313. 
COMMERCIAL MOTOR VEHICLE OPERATORS 
31301 
315. 
MOTOR CARRIER SAFETY 
31501 
317. 
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN 31701 
AND INTERNATIONAL FUEL TAX AGREEMENT. 
PART C—INFORMATION, STANDARDS, AND REQUIREMENTS 
321. 
GENERAL 
32101 
323. 
CONSUMER INFORMATION 
32301 
325. 
BUMPER STANDARDS 
32501 
327. 
ODOMETERS 
32701 
329. 
AUTOMOBILE FUEL ECONOMY 
32901 
331. 
THEFT PREVENTION 
33101 
PUBLIC LAW 103-272—JULY 5,1994 
108 STAT. 941 
PART A-GENERAL 
CHAPTER 301—MOTOR VEHICLE SAFETY 
SUBCHAPTER I—GENERAL 
Sec. 
30101. Purpose and policy. 
30102. Definitions. 
30103. Relationship to other laws. 
30104. Authorization of appropriations. 
SUBCHAPTER II—STANDARDS AND COMPLIANCE 
30111. Standards. 
30112. Prohibitions on manufacturing, selling, and importing noncomplying motor 
vehicles and equipment. 
30113. General exemptions. 
30114. Special exemptions. 
30115. Certification of compliance. 
30116. Defects and noncompliance found before sale to purchaser. 
30117. Providing information to, and maintaining records on, purchasers. 
30118. Notification of defects and noncompliance. 
30119. Notification procedures. 
30120. Remedies for defects and noncompliance. 
30121. Provisional notification and civil actions to enforce. 
30122. Making safety devices and elements inoperative. 
30123. Tires. 
30124. Buzzers indicating nonuse of safety belts. 
30125. Schoolbuses and schoolbus equipment. 
30126. Used motor vehicles. 
30127. Automatic occupant crash protection and seat belt use. 
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND 
EQUIPMENT 
30141. Importing motor vehicles capable of complying with standards. 
30142. Importing motor vehicles for personal use. 
30143. Motor vehicles imported by individuals employed outside the United States. 
30144. Importing motor vehicles on a temporary basis. 
30145. Importing motor vehicles or equipment requiring further manufacturing. 
30146. Release of motor vehicles and bonds. 
30147. Responsibility for def(K:ts and noncompliance. 
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE 
30161. Judicial review of standards. 
30162. Petitions by interested persons for standards and enforcement. 
30163. Actions by the Attorney General. 
30164. Service of process. 
30165. Civil penalty. 
30166. Inspections, investigations, and records. 
30167. Disclosure of information by the Secretarjr of Transportation. 
30168. Research, testing, development, and training. 
30169. Annual reports. 
SUBCHAPTER I—GENERAL 
. 
§30101. Purpose and policy 
The purpose of this chapter is to reduce traffic accidents and 
deaths and injuries resulting from traffic accidents. Therefore it 
is necessary— 
(1) to prescribe motor vehicle safety standards for motor 
vehicles and motor vehicle equipment in interstate commerce; 
and 
(2) to carry out needed safety research and development. 
§30102. Definitions 
(a) GENERAL DEFINITIONS.—In this chapter— 
79-194 O—95—8 : QL 3 Part 2 
108 STAT. 942 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) "dealer" means a person selling and distributing new 
i 
motor vehicles or motor vehicle equipment primarily to pur-
chasers that in good faith purchase the vehicles or equipment 
other than for resale. 
(2) "defect" includes any defect in performance, construc-
tion, a component, or material of a motor vehicle or motor 
vehicle equipment. 
(3) "distributor" means a person primarily selling and 
distributing motor vehicles or motor vehicle equipment for 
resale. 
(4) "interstate commerce" means commerce between a place 
in a State and a place in another State or between places 
' 
in the same State through another State. 
(5) "manufacturer" means a person— 
(A) manufacturing or assembling motor vehicles or 
motor vehicle equipment; or 
(B) importing motor vehicles or motor vehicle equip-
ment for resale. 
(6) "motor vehicle" means a vehicle driven or drawn by 
mechanical power and manufactured primarily for use on public 
streets, roads, and highways, but does not include a vehicle 
operated only on a rail line. 
(7) "motor vehicle equipment" means— 
(A) any system, part, or component of a motor vehicle 
as originally manufactured; 
(B) any similar part or component manufactured or 
sold for replacement or improvement of a system, part, 
or component, or as an accessory or addition to a motor 
vehicle; or 
(C) any device or an article or apparel (except medicine 
* or eyeglasses prescribed by a licensed practitioner) that 
is not a system, part, or component of a motor vehicle 
and is manufactured, sold, delivered, offered, or intended 
to be used only to safeguard motor vehicles and highway 
users against risk of accident, injury, or death. 
(8) "motor vehicle safety" means the performance of a motor 
vehicle or motor vehicle equipment in a way that protects 
the public against unreasonable risk of accidents occurring 
because of the design, construction, or performance of a motor 
vehicle, and against unreasonable risk of death or injury in 
an accident, and includes nonoperational safety of a motor 
vehicle. 
(9) "motor vehicle safety standard" means a minimum 
standard for motor vehicle or motor vehicle equipment perform-
ance. 
(10) "State" means a State of the United States, the District 
^ 
of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
\ 
American Samoa, and the Virgin Islands. 
(11) "United States district court" means a district court 
of the United States, a United States court for Guam, the 
Virgin Islands, and American Samoa, and the district court 
for the Northern Mariana Islands. 
(b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118-
30121, and 30166(f) of this title— 
(A) "adequate repair" does not include repair resulting 
in substantially impaired operation of a motor vehicle or motor 
vehicle equipment; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 943 
(B) "first purchaser" means the first purchaser of a motor 
vehicle or motor vehicle equipment other than for resale; 
(C) "original equipment" means motor vehicle equipment 
(including a tire) installed in or on a motor vehicle at the 
time of delivery to the first purchaser; 
(D) "replacement equipment" means motor vehicle equip-
ment (including a tire) that is not original equipment; 
(E) a brand name owner of a tire marketed under a brand 
name not owned by the manufacturer of the tire is deemed 
to be the manufacturer of the tire; 
(F) a defect in original equipment, or noncompliance of 
original equipment with a motor vehicle safety standard pre-
scribed under this chapter, is deemed to be a defect or non-
compliance of the motor vehicle in or on which the equipment 
was installed at the time of delivery to the first purchaser; 
(G) a manufacturer of a motor vehicle in or on which 
original equipment was installed when delivered to the first 
purchaser is deemed to be the manufacturer of the equipment; 
and 
(H) a retreader of a tire is deemed to be the manufacturer 
of the tire. 
(2) The Secretary of Transportation may prescribe regulations 
changing paragraph (1)(C), (D), (F), or (G) of this subsection. 
§ 30103. Relationship to other laws 
(a) UNIFORMITY OF REGULATIONS.—The Secretary of Transpor-
tation may not prescribe a safety regulation related to a motor 
vehicle subject to subchapter II of chapter 105 of this title that 
differs from a motor vehicle safety standard prescribed under this 
chapter. However, the Secretary may prescribe, for a motor vehicle 
operated by a carrier subject to subchapter II of chapter 105, 
a safety regulation that imposes a higher standard of penormance 
after manufacture than that required by an applicable standard 
in effect at the time of manufacture. 
(b) PREEMPTION.—(1) When a motor vehicle safety standard 
is in effect under this chapter, a State or a political subdivision 
of a State may prescribe or continue in effect a standard applicable 
to the same aspect of performance of a motor vehicle or motor 
vehicle equipment only if the standard is identical to the standard 
prescribed under this chapter. However, the United States Govern-
ment, a State, or a political subdivision of a State may prescribe 
a standard for a motor vehicle or motor vehicle equipment obtained 
for its own use that imposes a higher performance requirement 
than that required by the otherwise applicable standard under 
this chapter. 
(2) A State may enforce a standard that is identical to a 
standard prescribed under this chapter. 
(c) ANTITRUST LAWS..—This chapter does not— 
(1) exempt from the antitrust laws conduct that is unlawful 
under those laws; or 
(2) prohibit under the antitrust laws conduct that is lawful 
under those laws. 
(d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS 
AND REMEDIES.—Sections 30117(b), 30118-30121, 30166(f), and 
30167(a) and (b) of this title do not establish or affect a warranty 
obligation under a law of the United States or a State. A remedy 
under those sections and sections 30161 and 30162 of this title 
108 STAT. 944 
PUBLIC LAW 103-272—JULY 5, 1994 
is in addition to other rights and remedies under other laws of 
the United States or a State. 
(e) COMMON LAW LIABILITY.—Compliance with a motor vehicle 
safety standard prescribed under this chapter does not exempt 
, 
a person from liability at common law. 
§ 30104. Authorization of appropriations 
The following amounts may be appropriated to the Secretary 
of Transportation for the National Highway Traffic Safety Adminis-
tration to carry out this chapter: 
(1) $71,333,436 for the fiscal year ending September 30, 
1993. 
(2) $74,044,106 for the fiscal year ending September 30, 
1994. 
(3) $76,857,782 for the fiscal year ending September 30, 
1995. 
SUBCHAPTER II—STANDARDS AND COMPLIANCE 
§30111. Standards 
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation 
shall prescribe motor vehicle safety standards. Each standard shall 
be practicable, meet the need for motor vehicle safety, and be 
stated in objective terms. 
(b) CONSIDERATIONS AND CONSULTATION.—^When prescribing a 
motor vehicle safety standard under this chapter, the Secretary 
shall— 
(1) consider relevant available motor vehicle safety informa-
tion; 
(2) consult with the agency established under the Act of 
August 20, 1958 (Public Law 85-684, 72 Stat. 635), and other 
appropriate State or interstate authorities (including legislative 
committees); 
(3) consider whether a proposed standard is reasonable, 
practicable, and appropriate for the particular type of motor 
vehicle or motor vehicle equipment for which it is prescribed; 
and 
(4) consider the extent to which the standard will carry 
out section 30101 of this title. 
(c) COOPERATION.—^The Secretary may advise, assist, and 
cooperate with departments, agencies, and instrumentalities of the 
United States Government, States, and other public and private 
agencies in developing motor vehicle safety standards. 
(d) EFFECTIVE DATES OF STANDARDS.—The Secretary shall 
specify the effective date of a motor vehicle safety standard pre-
scribed under this chapter in the order prescribing the standard. 
A standard may not become effective before the 180th day after 
the standard is prescribed or later than one year after it is pre-
scribed. However, the Secretary may prescribe a different effective 
date after finding, for good cause shown, that a different effective 
date is in the public interest and publishing the reasons for the 
finding. 
- 
_ 
(e) 5-YEAR PLAN FOR TESTING STANDARDS.—The Secretary shall 
establish and periodically review and update on a continuing basis 
a 5-year plan for testing motor vehicle safety standards prescribed 
under this chapter that the Secretary considers capable of being 
tested. In developing the plan and establishing testing priorities, 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 945 
the Secretary shall consider factors the Secretary considers appro-
priate, consistent with section 30101 of this title and the Secretary 
s 
other duties and powers under this chapter. The Secretary may 
change at any time those priorities to address matters the Secretary 
considers of greater priority. The initial plan may be the 5-year 
plan for compliance testing in effect on December 18, 1991. 
§ 30112. Prohibitions on manufacturing, selling, and import-
ing noncomplying motor vehicles and equipment 
(a) GENERAL.—Except as provided in this section, sections 
30113 and 30114 of this title, and subchapter III of this chapter, 
a person may not manufacture for sale, sell, offer for sale, introduce 
or deliver for introduction in interstate commerce, or import into 
the United States, any motor vehicle or motor vehicle equipment 
manufactured on or after the date an applicable motor vehicle 
safety standard prescribed under this chapter takes effect unless 
the vehicle or equipment complies with the standard and is covered 
by a certification issued under section 30115 of this title. 
(b) NONAPPLICATION.—^This section does not apply to— 
(1) the sale, offer for sale, or introduction or delivery for 
introduction in interstate commerce of a motor vehicle or motor 
vehicle equipment after the first purchase of the vehicle or 
equipment in good faith other than for resale; 
(2) a person— 
(A) establishing that the person had no reason to know, 
despite exercising reasonable care, that a motor vehicle 
or motor vehicle equipment does not comply with applicable 
motor vehicle safety standards prescribed under this chap-
ter; or 
(B) holding, without knowing about the noncompliance 
and before the vehicle or equipment is first purchased 
in good faith other than for resale, a certificate issued 
by a manufacturer or importer stating the vehicle or equip-
ment complies with applicable standards prescribed under 
this chapter; 
(3) a motor vehicle or motor vehicle equipment intended 
only for export, labeled for export on the vehicle or equipment 
and on the outside of any container of the vehicle or equipment, 
and exported; 
(4) a motor vehicle the Secretary of Transportation decides 
under section 30141 of this title is capable of complying with 
applicable standards prescribed under this chapter; 
(5) a motor vehicle imported for personal use by an individ-
ual who receives an exemption under section 30142 of this 
title; 
(6) a motor vehicle under section 30143 of this title 
imported by an individual employed outside the United States; 
(7) a motor vehicle under section 30144 of this title 
imported on a temporary basis; 
(8) a motor vehicle or item of motor vehicle equipment 
under section 30145 of this title requiring further manufactur-
ing; or 
(9) a motor vehicle that is at least 25 years old. 
§30113. General exemptions 
(a) DEFINITION.—In this section, "low-emission motor vehicle" 
means a motor vehicle meeting the standards for new motor vehicles 
108 STAT. 946 
PUBLIC LAW 103-272—JULY 5, 1994 
applicable to the vehicle under section 202 of the Clean Air Act 
(42 U.S.C. 7521) when the vehicle is manufactured and emitting 
an air pollutant in an amount significantly below one of those 
standards. 
(b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Sec-
retary of Transportation may exempt, on a temporary basis, motor 
vehicles from a motor vehicle safety standard prescribed under 
this chapter on terms the Secretary considers appropriate. An 
exemption may be renewed. A renewal may be granted only on 
reapplication and must conform to the requirements of this sub-
section. 
(2) The Secretary may begin a proceeding under this subsection 
when a manufacturer applies for an exemption or a renewal of 
an exemption. The Secretary shall publish notice of the application 
and provide an opportunity to comment. An application for an 
exemption or for a renewal of an exemption shall be filed at a 
time and in the way, and contain information, this section and 
the Secretary require. 
(3) The Secretary may act under this subsection on finding 
that— 
(A) an exemption is consistent with the public interest 
and this chapter; and 
(B)(i) compliance with the standard would cause substantial 
economic hardship to a manufacturer that has tried to comply 
with the standard in good faith; 
(ii) the exemption would make easier the development or 
field evaluation of a new motor vehicle safety feature providing 
a safety level at least equal to the safety level of the standard; 
(iii) the exemption would make the development or field 
evaluation of a low-emission motor vehicle easier and would 
not unreasonably lower the safety level of that vehicle; or 
(iv) compliance with the standard would prevent the manu-
facturer from selling a motor vehicle with an overall safety 
level at least equal to the overall safety level of nonexempt 
vehicles. 
(c) CONTENTS OF APPLICATIONS.—^A manufacturer applying for 
an exemption under subsection (b) of this section shall include 
the following information in the application: 
(1) if the application is made under subsection (b)(3)(B)(i) 
of this section, a complete financial statement describing the 
economic hardship and a complete description of the manufac-
turer's good faith effort to comply with each motor vehicle 
safety standard prescribed under this chapter from which the 
manufacturer is requesting an exemption. 
(2) if the application is made under subsection (b)(3)(B)(ii) 
of this section, a record of the research, development, and 
testing establishing the innovative nature of the safety feature 
and a detailed analysis establishing that the safety level of 
the feature at least equals the safety level of the standard. 
(3) if the application is made under subsection (b)(3)(B)(iii) 
of this section, a record of the research, development, and 
, 
testing establishing that the motor vehicle is a low-emission 
motor vehicle and that the safety level of the vehicle is not 
lowered unreasonably by exemption from the standard. 
(4) if the application is made under subsection (b)(3)(B)(iv) 
of this section, a detailed analysis showing how the vehicle 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT, 947 
provides an overall safety level at least equal to the overall 
safety level of nonexempt vehicles. 
(d) ELIGIBILITY.—^A manufacturer is eligible for an exemption 
under subsection (b)(3)(B)(i) of this section only if the Secretary 
determines that the manufacturer's total motor vehicle production 
in the most recent year of production is not more than 10,000. 
A manufacturer is eligible for an exemption under subsection 
(b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary deter-
mines the exemption is for not more than 2,500 vehicles to be 
sold in the United States in any 12-month period. 
(e) MAXIMUM PERIOD.—^AJI exemption or renewal under sub-
section (b)(3)(B)(i) of this section may be granted for not more 
than 3 years. An exemption or renewal under subsection (b)(3)(B)(ii), 
(iii), or (iv) of this section may be granted for not more than 
2 years. 
(f) DISCLOSURE.—The Secretary may make public, by the 10th 
day after an application is filed, information contained in the 
application or relevant to the application unless the information 
concerns or is related to a trade secret or other confidential informa-
tion not relevant to the application. 
(g) NOTICE OF DECISION.—The Secretary shall publish in the 
Federal 
Federal Register a notice of each decision granting an exemption publication 
under this section and the reasons for granting it. 
(h) PERMANENT LABEL REQUIREMENT.—The Secretary shall 
require a permanent label to be fixed to a motor vehicle granted 
an exemption under this section. The label shall either name or 
describe each motor vehicle safety standard prescribed under this 
chapter from which the vehicle is exempt. The Secretary may 
require that written notice of an exemption be delivered by appro-
priate means to the dealer and the first purchaser of the vehicle 
other than for resale. 
§30114. Special exemptions 
The Secretary of Transportation may exempt a motor vehicle 
or item of motor vehicle equipment from section 30112(a) of this 
title on terms the Secretary decides are necessary for research, 
investigations, demonstrations, training, or competitive racing 
events. 
§30115. CertiHcation of compliance 
A manufacturer or distributor of a motor vehicle or motor 
vehicle equipment shall certify to the distributor or dealer at deliv-
ery that the vehicle or equipment complies with applicable motor 
vehicle safety standards prescribed under this chapter. A person 
may not issue the certificate if, in exercising reasonable care, the 
person has reason to know the certificate is false or misleading 
in a material respect. Certification of a vehicle must be shown 
by a label or tag permanently fixed to the vehicle. Certification 
of equipment may be shown by a label or tag on the equipment 
or on the outside of the container in which the equipment is deliv-
ered. 
§30116. Defects and noncompliance found before sale to pur-
chaser 
(a) 
ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBU- 
^ 
TORS.—If, after a manufacturer or distributor sells a motor vehicle 
or motor vehicle equipment to a distributor or dealer and before . 
108 STAT. 948 
PUBLIC LAW 103-272—JULY 5, 1994 
the distributor or dealer sells the vehicle or equipment, it is decided 
that the vehicle or equipment contains a defect related to motor 
vehicle safety or does not comply with applicable motor vehicle 
safety standards prescribed under this chapter— 
(1) the manufacturer or distributor immediately shall 
repurchase the vehicle or equipment at the price paid by the 
distributor or dealer, plus transportation charges and reason-
able reimbursement of at least one percent a month of the 
price paid prorated from the date of notice of noncompliance 
or defect to the date of repurchase; or 
(2) if a vehicle, the manufacturer or distributor immediately 
shall give to the distributor or dealer at the manufacturer's 
or distributor's own expense, the part or equipment needed 
to make the vehicle comply with the standards or correct the 
defect. 
(b) DISTRIBUTOR OR DEALER INSTALLATION.—The distributor 
or dealer shall install the part or equipment referred to in sub-
section (a)(2) of this section. If the distributor or dealer installs 
the part or equipment with reasonable diligence after it is received, 
the manufacturer shall reimburse the distributor or dealer for the 
reasonable value of the installation and a reasonable reimbursement 
of at least one percent a month of the manufacturer's or distributor's 
selling price prorated from the date of notice of noncompliance 
or defect to the date the motor vehicle complies with applicable 
motor vehicle safety standards prescribed under this chapter or 
the defect is corrected. 
(c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS.—The par-
ties shall establish the value of installation and the amount of 
reimbursement under this section. If the parties do not agree, 
or if a manufacturer or distributor refuses to comply with subsection 
(a) or (b) of this section, the distributor or dealer purchasing the 
motor vehicle or motor vehicle equipment may bring a civil action. 
The action may be brought in a United States district court for 
^ 
the judicial district in which the manufacturer or distributor resides, 
is found, or has an agent, to recover damages, court costs, and 
a reasonable attorney's fee. An action under this section must 
be brought not later than 3 years after the claim accrues. 
§30117. Providing information to, and maintaining records 
on, purchasers 
(a) PROVIDING INFORMATION AND NOTICE.—^The Secretary of 
Transportation may require that each manufacturer of a motor 
vehicle or motor vehicle equipment provide technical information 
related to performance and safety required to carry out this chapter. 
The Secretary may require the manufacturer to give the following 
notice of that information when the Secretary decides it is nec-
essary: 
(1) to each prospective purchaser of a vehicle or equipment 
before the first sale other than for resale at each location 
at which the vehicle or equipment is offered for sale by a 
person having a legal relationship with the manufacturer, in 
a way the Secretary decides is appropriate. 
(2) to the first purchaser of a vehicle or equipment other 
than for resale when the vehicle or equipment is bought, in 
printed matter placed in the vehicle or attached to or accom-
panjdng the equipment. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 949 
(b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1) 
A mgmufacturer of a motor vehicle or tire (except a retreaded 
tire) shall cause to be maintained a record of the name and address 
of the first purchaser of each vehicle or tire it produces and, to 
the extent prescribed by regulations of the Secretary, shall cause 
to be maintained a record of the name and address of the first 
purchaser of replacement equipment (except a tire) that the manu-
facturer produces. The Secretary may prescribe by regulation the 
records to be maintained and reasonable procedures for maintaining 
the records under this subsection, including procedures to be fol-
lowed by distributors and dealers to assist the msinufacturer in 
obtaining the information required by this subsection. A procedure 
shall be reasonable for the type of vehicle or tire involved, and 
^ 
shall provide reasonable assurance that a customer list of a distribu-
tor or dealer, or similar information, will be made available to 
a person (except the distributor or dealer) only when necesssiry 
to carry out this subsection and sections 30118-30121, 30166(f), 
and 30167(a) and (b) of this title. Availability of assistance from 
a distributor or dealer does not afiect an obligation of a manufac-
turer under this subsection. 
v 
(2)(A) Except as provided in paragraph (3) of this subsection, 
the Secretary may require a distributor or dealer to maintain a 
record under paragraph (1) of this subsection only if the business 
of the distributor or dealer is owned or controlled by a manufacturer 
of tires. 
"''•'" 
(B) The Secretary shall require each distributor and dealer 
whose business is not owned or controlled by a manufacturer of 
tires to give a registration form (containing the tire identification 
number) to the first purchaser of a tire. The Secretary shall pre-
scribe the form, which shall be standardized for all tires and 
designed to allow the purchaser to complete and return it directly 
to the manufacturer of the tire. The manufacturer shall give suffi-
cient copies of forms to distributors and dealers. 
(3)(A) The Secretary shall evaluate from time to time how 
successful the procedures under paragraph (2) of this subsection 
have been in helping to maintain records about first purchasers 
of tires. After each evaluation, the Secretary shall decide— 
(i) the extent to which distributors and dealers have com-
plied with the procedures; 
(ii) the extent to which distributors and dealers have 
encouraged first purchasers of tires to register the tires; and 
(iii) whether to prescribe for manufacturers, distributors, 
or dealers other requirements that the Secretary decides will 
increase significantly the percentage of first purchasers of tires 
about whom records are maintained. 
(B) The Secretary may prescribe a requirement under subpara-
graph (A) of this paragraph only if the Secretary decides it is 
necessary to reduce the risk to motor vehicle safety, 
after 
considering— 
(i) the cost of the requirement to manufacturers and the 
burden of the requirement on distributors and dealers, com-
pared to the increase in the percentage of first purchasers 
of tires about whom records would be maintained as a result 
. 
of the requirement; 
(ii) the extent to which distributors and dealers have com-
plied with the procedures in paragraph (2) of this subsection; 
and 
108 STAT. 950 
PUBLIC LAW 103-272—JULY 5, 1994 
Federal 
Register, 
publication. 
(iii) the extent to which distributors and dealers have 
encouraged first purchasers of tires to register the tires. 
(C) A manufacturer of tires shall reimburse distributors and 
dealers of that manufacturer's tires for all reasonable costs incurred 
by the distributors and dealers in complying with a requirement 
prescribed by the Secretary under subparagraph (A) of this para-
graph. 
(D) After making a decision under subparagraph (A) of this 
paragraph, the Secretary shall submit to each House of Congress 
a report containing a detailed statement of the decision and an 
explanation of the reasons for the decision. 
§ 30118. Notification of defects and noncompliance 
(a) NOTIFICATION BY SECRETARY.—The Secretary of Transpor-
tation shall notify the manufacturer of a motor vehicle or replace-
ment equipment immediately after making an initial decision 
(through testing, inspection, investigation, or research carried out 
under this chapter, examining communications under section 
30166(f) of this title, or otherwise) that the vehicle or equipment 
contains a defect related to motor vehicle safety or does not comply 
with an applicable motor vehicle safety standard prescribed under 
this chapter. The notification shall include the information on which 
the decision is based. The Secretary shall publish a notice of each 
decision under this subsection in the Federal Register. Subject 
to section 30167(a) of this title, the notification and information 
are available to any interested person. 
(b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS.— 
(1) The Secretary may make a final decision that a motor vehicle 
or replacement equipment contains a defect related to motor vehicle 
safety or does not comply with an applicable motor vehicle safety 
standard prescribed under this chapter only after giving the manu-
facturer an opportunity to present information, views, and argu-
ments showing that there is no defect or noncompliance or that 
the defect does not affect motor vehicle safety. Any interested 
person also shall be given an opportunity to present information, 
views, and arguments. 
(2) If the Secretary decides under paragraph (1) of this sub-
section that the vehicle or equipment contains the defect or does 
not comply, the Secretary shall order the manufacturer to— 
(A) give notification under section 30119 of this title to 
the owners, purchasers, and dealers of the vehicle or equipment 
of the defect or noncompliance; and 
(B) remedy the defect or noncompliance under section 
30120 of this title. 
(c) NOTIFICATION BY MANUFACTURER.^A manufacturer of a 
motor vehicle or replacement equipment shall notify the Secretary 
by certified mail, and the owners, purchasers, and dealers of the 
vehicle or equipment as provided in section 30119(d) of this section, 
if the manufacturer— 
(1) learns the vehicle or equipment contains a defect and 
decides in good faith that the defect is related to motor vehicle 
safety; or 
(2) decides in good faith that the vehicle or equipment 
does not comply with an applicable motor vehicle safety stand-
ard prescribed under this chapter. 
(d) EXEMPTIONS.—On application of a manufacturer, the Sec-
retary shall exempt the manufacturer from this section if the Sec-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 951 
retary decides a defect or noncompliance is inconsequential to motor 
vehicle safety. The Secretary may take action under this subsection 
only after notice in the Federal Register and an opportunity for 
any interested person to present information, views, and arguments. 
(e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.— 
On the motion of the Secretary or on petition of any interested 
person, the Secretary may conduct a hearing to decide whether 
the manufacturer has reasonably met the notification requirements 
under this section. Any interested person may make written and 
oral presentations of information, views, and arguments on whether 
the manufacturer has reasonably met the notification requirements. 
If the Secretary decides that the manufacturer has not reasonably 
met the notification requirements, the Secretary shall order the 
manufacturer to take specified action to meet those requirements 
and may take any other action authorized under this chapter. 
§30119. Notification procedures 
(a) CONTENTS OF NOTIFICATION.—^Notification by a manufac-
turer required under section 30118 of this title of a defect or 
noncompliance shall contain— 
( D a clear description of the defect or noncompliance; 
(2) an evaluation of the risk to motor vehicle safety reason-
ably related to the defect or noncompliance; 
(3) the measures to be taken to obtain a remedy of the 
defect or noncompliance; 
(4) a statement that the manufacturer giving notice will 
remedy the defect or noncompliance without charge under sec-
tion 30120 of this title; 
(5) the earliest date on which the defect or noncompliance 
will be remedied without charge, and for tires, the period during 
which the defect or noncompliance will be remedied without 
charge under section 30120 of this title; 
(6) the procedure the recipient of a notice is to follow 
to inform the Secretary of Transportation when a manufacturer, 
distributor, or dealer does not remedy the defect or noncompli-
ance without charge under section 30120 of this title; and 
(7) other information the Secretary prescribes by regula-
tion. 
(b) EARLIEST REMEDY DATE.—The date specified by a manufac-
turer in a notification under subsection (a)(5) of this section or 
section 30121(cX2) of this title is the earliest date that parts and 
facilities reasonably can be expected to be available to remedy 
the defect or noncompliance. The Secretary may disapprove the 
date. 
(c) TIME FOR NOTIFICATION.—Notification required under sec-
tion 30118 of this title shall be given within a reasonable time— 
(1) prescribed by the Secretary, after the manufacturer 
receives notice of a final decision under section 30118(b) of 
this title; or 
(2) after the manufacturer first decides that a safety-related 
defect or noncompliance exists under section 30118(c) of this 
title. 
(d) 
MEANS OF PROVIDING NOTIFICATION.—(1) Notification 
required under section 30118 of this title about a motor vehicle 
shall be sent by first class mail— 
(A) to each person registered under State law as the owner 
and whose name and address are reasonably ascertainable 
108 STAT. 952 
PUBLIC LAW 103-272—JULY 5, 1994 
by the manufacturer through State records or other available 
sources; or 
(B) if a registered owner is not notified under clause (A) 
of this paragraph, to the most recent purchaser known to 
the manufacturer. 
(2) Notification required under section 30118 of this title about 
replacement equipment (except a tire) shall be sent by first class 
mail to the most recent purchaser known to the manufacturer. 
In addition, if the Secretary decides that public notice is required 
for motor vehicle safety, public notice shall be given in the way 
required by the Secretary after consulting with the manufacturer. 
(3) Notification required under section 30118 of this title about 
a tire shall be sent by first class mail (or, if the manufacturer 
prefers, by certified mail) to the most recent purchaser known 
to the manufacturer. In addition, if the Secretary decides that 
public notice is required for motor vehicle safety, public notice 
shall be given in the way required by the Secretary after consulting 
V 
with the manufacturer. In deciding whether public notice is 
required, the Secretary shall consider— 
(A) the magnitude of the risk to motor vehicle safety caused 
by the defect or noncompliance; and 
(B) the cost of public notice compared to the additional 
number of owners the notice may reach. 
(4) A dealer to whom a motor vehicle or replacement equipment 
was delivered shall be notified by certified mail or quicker means 
if available. 
(e) SECOND NOTIFICATION.—If the Secretary decides that a 
notification sent by a manufacturer under this section has not 
resulted in an adequate number of motor vehicles or items of 
replacement equipment being returned for remedy, the Secretary 
may order the manufacturer to send a 2d notification in the way 
the Secretary prescribes by regulation. 
(f) NOTIFICATION BY LESSOR TO LESSEE.—(1) In this subsection, 
"leased motor vehicle" means a motor vehicle that is leased to 
a person for at least 4 months by a lessor that has leased at 
least 5 motor vehicles in the 12 months before the date of the 
notification. 
(2) A lessor that receives a notification required by section 
30118 of this title about a leased motor vehicle shall provide a 
copy of the notification to the lessee in the way the Secretary 
prescribes by regulation. 
§ 30120. Remedies for defects and noncompliance 
(a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g) 
of this section, when notification of a defect or noncompliance is 
required under section 30118(b) or (c) of this title, the manufacturer 
of the defective or noncomplying motor vehicle or replacement equip-
ment shall remedy the defect or noncompliance without charge 
when the vehicle or equipment is presented for remedy. Subject 
to subsections (b) and (c) of this section, the manufacturer shall 
remedy the defect or noncompliance in any of the following ways 
the manufacturer chooses: 
(A) if a vehicle— 
(i) by repairing the vehicle; 
(ii) by replacing the vehicle with an identical or reason-
ably equivalent vehicle; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 953 
(iii) by refunding the purchase price, less a reasonable 
allowance for depreciation. 
(B) if replacement equipment, by repairing the equipment 
or replacing the equipment with identical or reasonably equiva- 
^ 
lent equipment. 
(2) The Secretary of Transportation may prescribe regulations 
to allow the manufacturer to impose conditions on the replacement 
of a motor vehicle or refund of its price. 
(b) TIRE REMEDIES.—(1) A manufacturer of a tire, including^ 
an original equipment tire, shall remedy a defective or noncomply-
ing tire if the owner or purchaser presents the tire for remedy 
not later than 60 days after the later of— 
(A) the day the owner or purchaser receives notification 
under section 30119 of this title; or 
(B) if the manufacturer decides to replace the tire, the 
day the owner or purchaser receives notification that a replace-
ment is available. 
(2) If the manufacturer decides to replace the tire and the 
i 
replacement is not available during the 60-day period, the owner 
or purchaser must present the tire for remedy during a subsequent 
60-day period that begins only after the owner or purchaser receives 
notification that a replacement will be available during the subse-
quent period. If tires are available during the subsequent period, 
only a tire presented for remedy during that period must be rem-
edied. 
(c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to 
repair a defective or noncomplying motor vehicle or replacement 
equipment and the repair is not done adequately within a reason-
able time, the manufacturer shall— 
(A) replace the vehicle or equipment without charge with 
an identical or reasonably equivalent vehicle or equipment; 
or 
(B) for a vehicle, refund the purchase price, less a reason-
able allowance for depreciation. 
(2) Failure to repair a motor vehicle or replacement equipment 
adequately not later than 60 days after its presentation is prima 
facie evidence of failure to repair within a reasonable time. How-
ever, the Secretary may extend, by order, the 60-day period if 
good cause for an extension is shown and the reason is published 
in the Federal Register before the period ends. Presentation of 
a vehicle or equipment for repair before the date specified by 
a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) 
of this title is not a presentation under this subsection. 
(d) FILING MANUFACTURER'S REMEDY PROGRAM.—A manufac-
turer shall file with the Secretary a copy of the manufacturer's 
program under this section for remedying a defect or noncompliance. 
The Secretary shall make the program available to the public Federal 
and publish a notice of availability in the Federal Register. 
^^hi^^^^t' 
(e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On 
P"^^'^^^"^-
the motion of the Secretary or on application by any interested 
person, the Secretary may conduct a hearing to decide whether 
the manufacturer has reasonably met the remedy requirements 
under this section. Any interested person may make written and 
oral presentations of information, views, and arguments on whether 
the manufacturer has reasonably met the remedy requirements. 
If the Secretary decides a manufacturer has not reasonably met 
the remedy requirements, the Secretary shall order the manufac-
108 STAT. 954 
PUBLIC LAW 103-272—JULY 5, 1994 
turer to take specified action to meet those requirements and may 
take any other action authorized under this chapter. 
(f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall 
pay fair reimbursement to a dealer providing a remedy without 
charge under this section. 
(g) NONAPPLICATION.—(1) The requirement that a remedy be 
provided without charge does not apply if the motor vehicle or 
replacement equipment was bought by the first purchaser more 
than 8 calendar years, or the tire, including an original equipment 
tire, was bought by the first purchaser more than 3 calendar years, 
before notice is given under section 30118(c) of this title or an 
order is issued under section 30118(b) of this title, whichever is 
earlier. 
(2) This section does not apply during any period in which 
enforcement of an order under section 30118(b) of this title is 
restrained or the order is set aside in a civil action to which 
section 30121(d) of this title applies. 
(h) EXEMPTIONS.—On application of a manufacturer, the Sec-
retary shall exempt the manufacturer from this section if the Sec-
retary decides a defect or noncompliance is inconsequential to motor 
vehicle safety. The Secretary may take action under this subsection 
only after notice in the Federal Register and an opportunity for 
any interested person to present information, views, and arguments. 
(i) LIMITATION ON SALE OR LEASE.—(1) If notification is required 
by an order under section 30118(b) of this title or is required 
under section 30118(c) of this title and the manufacturer has pro-
vided to a dealer notification about a new motor vehicle or new 
item of replacement equipment in the dealer's possession at the 
time of notification that contains a defect related to motor vehicle 
safety or does not comply with an applicable motor vehicle safety 
standard prescribed under this chapter, the dealer may sell or 
lease the motor vehicle or item of replacement equipment only 
if— 
(A) the defect or noncompliance is remedied as required 
by this section before delivery under the sale or lease; or 
(B) when the notification is required by an order under 
section 30118(b) of this title, enforcement of the order is 
restrained or the order is set aside in a civil action to which 
section 30121(d) of this title applies. 
(2) This subsection does not prohibit a dealer from offering 
for sale or lease the vehicle or equipment. 
§30121. Provisional notification and civil actions to enforce 
(a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transpor-
tation may order a manufacturer to issue a provisional notification 
if a civil action about an order issued under section 30118(b) of 
this title has been brought under section 30163 of this title. The 
provisional notification shall contain— 
(A) a statement that the Secretary has decided that a 
defect related to motor vehicle safety or noncompliance with 
a motor vehicle safety standard prescribed under this chapter 
exists and that the manufacturer is contesting the decision 
in a civil action in a United States district court; 
(B) a clear description of the Secretary's stated basis for 
the decision; 
(C) the Secretary's evaluation of the risk to motor vehicle 
safety reasonably related to the defect or noncompliance; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 955 
(D) measures the Secretary considers necessary to avoid 
an unreasonable risk to motor vehicle safety resulting from 
the defect or noncompliance; 
(E) a statement that the manufacturer will remedy the 
defect or noncompliance without charge under section 30120 
of this title, but that the requirement to remedy without charge 
is conditioned on the outcome of the civil action; and 
(F) other information the Secretary prescribes by regulation 
or includes in the order requiring the notice. 
' 
(2) A notification under this subsection does not relieve a manu-
facturer of liability for not giving notification required by an order 
under section 30118(b) of this title. 
(b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer 
that does not notify owners and purchasers under section 30119(c) 
and (d) of this title is liable to the United States Government 
for a civil penalty, unless the manufacturer prevails in a civil 
action referred to in subsection (a) of this section or the court 
in that action enjoins enforcement of the order. Enforcement may 
be enjoined only if the court decides that the failure to notify 
is reasonable and that the manufacturer has demonstrated the 
likelihood of prevailing on the merits. If enforcement is enjoined, 
the manufacturer is not liable during the time the order is stayed. 
^ 
(2) A manufacturer that does not notify owners and purchasers 
as required under subsection (a) of this section is liable for a 
civil penalty regardless of whether the manufacturer prevails in 
an action on the validity of the order issued under section 30118(b) 
of this title. 
(c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in 
a civil action referred to in subsection (a) of this section, the Sec-
retary shall order the manufacturer— 
(1) to notify each owner, purchaser, and dealer described 
in section 30119(d) of this title of the outcome of the action 
and other information the Secretary requires, and notification 
under this clause may be combined with notification required 
under section 30118(b) of this title; 
(2) to specify the earliest date under section 30119(b) of 
this title on which the defect or noncompliance will be remedied 
without charge under section 30120 of this title; and 
(3) if notification was required under subsection (a) of 
this section, to reimburse an owner or purchaser for reasonable 
and necessary expenses (in an amount that is not more than 
the amount specified in the order of the Secretary under sub-
section (a)) incurred for repairing the defect or noncompliance 
during the period beginning on the date that notification was 
. 
, 
required to be issued and ending on the date the owner or 
purchaser receives the notification under this subsection. 
(d) VENUE.—Notwithstanding section 30163(c) of this title, a 
civil action about an order issued under section 30118(b) of this 
, 
title must be brought in the United States district court for a 
judicial district in the State in which the manufacturer is incor-
porated or the District of Columbia. On motion of a party, the 
court may transfer the action to another district court if good 
cause is shown. All actions related to the same order under section 
30118(b) shall be consolidated in an action in one judicial district 
under an order of the court in which the first action was brought. 
If the first action is transferred to another court, that court shall 
issue the consolidation order. 
108 STAT. 956 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 30122. Making safety devices and elements inoperative 
(a) DEFINITION.—In this section, "motor vehicle repair business" 
means a person holding itself out to the public to repair for com-
pensation a motor vehicle or motor vehicle equipment. 
(b) PROHIBITION.—^A manufacturer, distributor, dealer, or motor 
vehicle repair business may not knowingly make inoperative any 
part of a device or element of design installed on or in a motor 
vehicle or motor vehicle equipment in compliance with an applicable 
motor vehicle safety standard prescribed under this chapter unless 
the manufacturer, distributor, dealer, or repair business reasonably 
believes the vehicle or equipment will not be used (except for 
testing or a similar purpose during maintenance or repair) when 
the device or element is inoperative. 
(c) REGULATIONS.—The Secretary of Transportation may pre-
scribe regulations— 
(1) to exempt a person from this section if the Secretary 
decides the exemption is consistent with motor vehicle safety 
and section 30101 of this title; and 
(2) to define "make inoperative". 
(d) NONAPPLICATION.—^This section does not apply to a safety 
belt interlock or buzzer designed to indicate a safety belt is not 
in use as described in section 30124 of this title. 
§30123. Tires 
(a) LABELING REQUIREMENT.—The Secretary of Transportation 
shall require that a pneumatic tire subject to a motor vehicle 
safety standard prescribed under this chapter be labeled perma-
nently and conspicuously with safety information the Secretary 
decides is necessary to carry out section 30101 of this title. 
(b) CONTENTS OF LABEL.—Labeling required on a tire under 
subsection (a) of this section shall include— 
(1)(A) identification of the manufacturer; 
(B) for a retreaded tire, identification of the retreader; 
or 
(C) for a tire containing a brand name (other than the 
name of the manufacturer), a code mark allowing a seller 
to identify the manufacturer to the purchaser; 
(2) the composition of material used in the ply of the 
tire; 
(3) the number of plies in the tire; 
(4) the maximum allowable load for the tire; and 
(5)(A) a statement that the tire complies with minimum 
safe performance standards prescribed under this chapter; or 
(B) a mark or symbol the Secretary prescribes for use 
by a manufacturer or retreader complying with those standards. 
(c) ADDITIONAL INFORMATION.—^The Secretary may require that 
additional safety information be disclosed to a purchaser when 
a tire is sold. 
(d) REGROOVED TIRE LIMITATIONS.—<1) In this subsection, 
"regrooved tire" means a tire with a new tread produced by cutting 
into the tread of a worn tire, 
(2) The Secretary may authorize the sale, offer for sale, 
introduction for sale, or delivery for introduction in interstate com-
merce, of a regrooved tire or a motor vehicle equipped with 
regrooved tires if the Secretary decides the tires are designed and 
made in a way consistent with section 30101 of this title. A person 
may not sell, offer for sale, introduce for sale, or deliver for introduc-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 957 
tion in interstate commerce, a regrooved tire or a vehicle equipped 
with regrooved tires unless authorized by the Secretary. 
(e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND 
MARKETING PRACTICES.—^The Secretary shall prescribe through 
standards a uniform quality grading system for motor vehicle tires 
to help consumers make an informed choice when purchasing tires. 
The Secretary also shall cooperate with industry and the Federal 
Trade Commission to the greatest extent practicable to eliminate 
, 
deceptive and confusing tire nomenclature and marketing practices. 
A tire standard or regulation prescribed under this chapter super-
sedes an order or administrative interpretation of the Commission. 
(f) MAXIMUM LOAD STANDARDS.—The Secretary shall require 
a motor vehicle to be equipped with tires that meet maximum 
load standards when the vehicle is loaded with a reasonable amount 
of luggage and the total number of passengers the vehicle is 
designed to carry. The vehicle shall be equipped with those tires 
by the manufacturer or by the first purchaser when the vehicle 
is first bought in good faith other than for resale. 
§ 30124. Buzzers indicating nonuse of safety belts 
A motor vehicle safety standard prescribed under this chapter 
may not require or allow a manufacturer to comply with the stand-
ard by using a safety belt interlock designed to prevent starting 
or operating a motor vehicle if an occupant is not using a safety 
belt or a buzzer designed to indicate a safety belt is not in use, 
except a buzzer that operates only during the 8-second period 
after the ignition is turned to the "start" or "on" position. 
§ 30125. Schoolbuses and schoolbus equipment 
(a) DEFINITIONS.—In this section— 
(1) "schoolbus" means a passenger motor vehicle designed 
to carry a driver and more than 10 passengers, that the Sec-
retary of Transportation decides is likely to be used significantly 
to transport preprimary, primary, and secondary school stu-
dents to or from school or an event related to school. 
(2) "schoolbus equipment" means equipment designed pri-
marily for a schoolbus or manufactured or sold to replace or 
improve a system, part, or component of a schoolbus or as 
an accessory or addition to a schoolbus. 
(b) STANDARDS.—^The Secretary shall prescribe motor vehicle 
safety standards for schoolbuses and schoolbus equipment manufac-
tured in, or imported into, the United States. Standards shall 
include minimum performance requirements for— 
(1) emergency exits; 
(2) interior protection for occupants; 
(3) floor strength; 
(4) seating systems; 
(5) crashworthiness of body and frame (including protection 
against rollover hazards); 
(6) vehicle operating systems; 
(7) windows and windshields; and 
' 
(8) fuel systems. 
(c) TEST DRIVING BY MANUFACTURERS.—^The Secretary 
may 
require by regulation a schoolbus to be test-driven by a mzuiufac-
turer before introduction in commerce. 
108 STAT. 958 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 30126. Used motor vehicles 
To ensure a continuing and effective national safety program, 
it is the poHcy of the United States Government to encourage 
and strengthen State inspection of used motor vehicles. Therefore, 
the Secretary of Transportation shall prescribe uniform motor 
vehicle safety standards applicable to all used motor vehicles. The 
standards shall be stated in terms of motor vehicle safety perform-
ance. 
§30127. Automatic occupant crash protection and seat belt 
use 
(a) DEFINITIONS.—In this section— 
(1) "bus" means a motor vehicle with motive power (except 
a trailer) designed to carry more than 10 individuals. 
(2) "multipurpose passenger vehicle" means a motor vehicle 
with motive power (except a trailer), designed to carry not 
more than 10 individuals, that is constructed either on a truck 
chassis or with special features for occasional off-road operation. 
(3) "passenger car" means a motor vehicle with motive 
power (except a multipurpose passenger vehicle, motorcycle, 
or trailer) designed to carry not more than 10 individuals. 
(4) "truck" means a motor vehicle with motive power (except 
a trailer) designed primarily to transport property or special 
purpose equipment. 
(b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than 
September 1, 1993, the Secretary of Transportation shall prescribe 
under this chapter an amendment to Federal Motor Vehicle Safety 
Standard 208 issued under the National Traffic and Motor Vehicle 
Safety Act of 1966. The amendment shall require that the automatic 
occupant crash protection system for both of the front outboard 
seating positions for each of the following vehicles be an inflatable 
restraint (with lap and shoulder belts) complying with the occupant 
protection requirements under section 4.1.2.1 of Standard 208: 
(A) 95 percent of each manufacturer's annual production 
of passenger cars manufactured after August 31, 1996, and 
before September 1, 1997. 
(B) 80 percent of each manufacturer's annual production 
of buses, multipurpose passenger vehicles, and trucks (except 
walk-in van-type trucks and vehicles designed to be sold only 
to the United States Postal Service) with a gross vehicle weight 
^ 
rating of not more than 8,500 pounds and an unloaded vehicle 
weight of not more than 5,500 pounds manufactured after 
August 31, 1997, and before September 1, 1998. 
(C) 100 percent of each manufacturer's annual production 
of passenger cars manufactured after August 31, 1997. 
(D) 100 percent of each manufacturer's annual production 
of vehicles described in clause (B) of this paragraph manufac-
tured after August 31, 1998. 
(2) Manufacturers may not use credits and incentives available 
before September 1, 1998, under the provisions of Standard 208 
(as amended by this section) to comply with the requirements 
of paragraph (1)(D) of this subsection after August 31, 1998. 
(c) OWNER MANUAL REQUIREMENTS.—In amending Standard 
208, the Secretary of Transportation shall require, to be effective 
as soon as possible after the amendment is prescribed, that owner 
manuals for passenger cars, buses, multipurpose passenger vehicles. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 959 
£ind trucks equipped with an inflatable restraint include a statement 
in an easily understandable format stating that— 
(1) either or both of the front outboard seating positions 
of the vehicle are equipped with an inflatable restraint referred 
to as an "airbag" and a lap and shoulder belt; 
(2) the "airbag" is a supplemental restraint and is not 
a substitute for lap and shoulder belts; 
(3) lap and shoulder belts also must be used correctly 
by an occupant in a front outboard seating position to provide 
restraint or protection from frontal crashes as well as other 
types of crashes or accidents; and 
(4) occupants should always wear their lap and shoulder 
belts, if available, or other safety belts, whether or not there 
^ 
is an inflatable restraint. 
(d) SEAT BELT USE LAWS.—Congress finds that it is in the 
public interest for each State to adopt and enforce mandatory 
seat belt use laws and for the United States Government to adopt 
and enforce mandatory seat belt use regulations. 
(e) TEMPORARY EXEMPTIONS.—(1) On application of a manufac-
turer, the Secretary of Transportation may exempt, on a temporary 
basis, motor vehicles of that manufacturer from any requirement 
under subsections (b) and (c) of this section on terms the Secretary 
considers appropriate. An exemption may be renewed, 
(2) The Secretary of Transportation may grant an exemption 
under paragraph (1) of this subsection if the Secretary finds that 
there has been a disruption in the supply of any component of 
an inflatable restraint or in the use and installation of that compo-
nent by the manufacturer because of an unavoidable event not 
under the control of the manufacturer that will prevent the manu-
facturer from meeting its anticipated production volume of vehicles 
with those restraints. 
(3) Only an affected manufacturer may apply for an exemption. 
The Secretary of Transportation shall prescribe in the amendment 
to Standard 208 required under this section the information an 
affected manufacturer must include in its application under this 
subsection. The manufacturer shall specify in the application the 
models, lines, and types of vehicles affected. The Secretary may 
consolidate similar applications from different manufacturers. 
(4) An exemption or renewal of an exemption is conditioned 
on the commitment of the manufacturer to recall the exempted 
vehicles for installation of the omitted inflatable restraints within 
a reasonable time that the manufacturer proposes and the Secretary 
of Transportation approves after the components become available 
in sufficient quantities to satisfy both anticipated production and 
recall volume requirements. 
(5) The Secretary of Transportation shall publish in the Federal 
Federal 
Register a notice of each application under this subsection and ^^^^f' 
each decision to grant or deny a temporary exemption and the **" ^ ^°"' 
reasons for the decision. 
(6) The Secretary of Transportation shall require a label for 
each exempted vehicle that can be removed only after recall and 
installation of the required inflatable restraint. The Secretary shall 
require that written notice of the exemption be provided to the 
dealer and the first purchaser of each exempted vehicle other than 
for resede, with the notice being provided in a way, and containing 
the information, the Secretary considers appropriate. 
108 STAT. 960 
PUBLIC LAW 103-272—JULY 5, 1994 
(f) APPLICATION.—(l) This section revises, but does not replace, 
Standard 208 as in effect on December 18, 1991, including the 
amendment of March 26, 1991 (56 Fed. Reg. 12472), to Standard 
208, extending the requirements for automatic crash protection, 
with incentives for more innovative automatic crash protection, 
to trucks, buses, and multipurpose passenger vehicles. This section 
may not be construed as— 
(A) affecting another provision of law carried out by the 
Secretary of Transportation applicable to passenger cars, buses, 
multipurpose passenger vehicles, or trucks; or 
(B) establishing a precedent related to developing or 
prescribing a Government motor vehicle safety standard. 
(2) This section and amendments to Standard 208 made under 
this section may not be construed as indicating an intention by 
Congress to affect any liability of a motor vehicle manufacturer 
under applicable law related to vehicles with or without inflatable 
restraints. 
(g) REPORT.—(1) On October 1, 1992, and every 6 months 
after that date through October 1, 2000, the Secretary of Transpor-
tation shall submit reports on the effectiveness of occupant restraint 
systems expressed as a percentage reduction in fatalities or injuries 
of restrained occupants compared to unrestrained occupants for— 
(A) a combination of inflated restraints and lap and shoul-
der belts; 
(B) inflated restraints only; and 
(C) lap and shoulder belts only. 
(2) In consultation with the Secretaries of Labor and Defense, 
the Secretary of Transportation also shall provide information and 
analysis on lap and shoulder belt use, nationally and in each 
State by— 
(A) military personnel; 
(B) Grovernment, State, and local law enforcement officers; 
'
^ 
(C) other Government and State employees; and 
(D) the public. 
(h) AiRBAGS FOR GOVERNMENT CARS.—In cooperation with the 
Administrator of General Services and the heads of appropriate 
departments, agencies, and instrumentalities of the Government, 
the Secretary of Transportation shall establish a program, consist-
ent with applicable procurement laws of the Government and avail-
able appropriations, requiring that all passenger cars acquired— 
(1) after September 30, 1994, for use by the Government 
be equipped, to the maximum extent practicable, with driver-
side inflatable restraints; and 
(2) after September 30, 1996, for use by the Government 
be equipped, to the maximum extent practicable, with inflatable 
restraints for both front outboard seating positions. 
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR 
VEHICLES AND EQUIPMENT 
§ 30141. Importing motor vehicles capable of complying with 
standards 
(a) GENERAL.—Section 30112(a) of this title does not apply 
to a motor vehicle if— 
(1) on the initiative of the Secretary of Transportation 
or on petition of a manufacturer or importer registered under 
subsection (c) of this section, the Secretary decides— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 961 
(A) the vehicle is— 
(i) substantially similar to a motor vehicle origi-
nally manufactured for import into and sale in the 
United States; 
(ii) certified under section 30115 of this title; 
(iii) the same model year (as defined under regula-
tions of the Secretary of Transportation) as the model 
of the motor vehicle it is being compared to; and 
(iv) capable of being readily altered to comply with 
applicable motor vehicle safety standards prescribed 
under this chapter; or 
(B) if there is no substantially similar United States 
motor vehicle, the safety features of the vehicle comply 
with or are capable of being altered to comply with those 
standards based on destructive test information or other 
evidence the Secretary of Transportation decides is ade-
quate; 
(2) the vehicle is imported by a registered importer; and 
(3) the registered importer pays the annual fee the Sec- 
) 
retary of Transportation establishes under subsection (e) of 
this section to pay for the costs of carrying out the registration 
program for importers under subsection (c) of this section and 
any other fees the Secretary of Transportation establishes to 
pay for the costs of— 
(A) processing bonds provided to the Secretary of the 
Treasury under subsection (d) of this section; and 
(B) making the decisions under this subchapter. 
(b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABIL-
ITY.—(1) The Secretary of Transportation shall establish by regula- Regulations, 
tion procedures for making a decision under subsection (a)(1) of 
this section and the information a petitioner must provide to show 
clearly that the motor vehicle is capable of being brought into 
compliance with applicable motor vehicle safety standards pre-
scribed under this chapter. In establishing the procedures, the 
Secretary shall provide for a minimum period of public notice and 
written comment consistent with ensuring expeditious, but com-
plete, consideration and avoiding delay by any person. In making 
a decision under those procedures, the Secretary shall consider 
test information and other information available to the Secretary, 
including any information provided by the manufacturer. If the 
Secretary makes a negative decision, the Secretary may not make 
another decision for the same model until at least 3 calendar 
months have elapsed after the negative decision. 
(2) The Secretary of Transportation shall publish each year 
in the Federal Register a list of all decisions made under subsection 
(a)(1) of this section. Each published decision applies to the model 
of the motor vehicle for which the decision was made. A positive 
decision permits another importer registered under subsection (c) 
of this section to import a vehicle of the same model under this 
section if the importer complies with all the terms of the decision. 
(c) REGISTRATION.—(1) The Secretary of Transportation shall 
establish procedures for registering a person who complies with 
requirements prescribed by the Secretary by regulation under this 
subsection, including— 
(A) recordkeeping requirements; 
(B) inspection of records and facilities related to motor 
vehicles the person has imported, altered, or both; and 
Federal 
Register, 
publication. 
108 STAT. 962 
PUBLIC LAW 103-272—JULY 5, 1994 
(C) requirements that ensure that the importer (or a succes-
sor in interest) will be able technically and financially to carry 
out responsibilities under sections 30117(b), 30118-30121, and 
30166(f) of this title. 
(2) The Secretary of Transportation shall deny registration 
to a person whose registration is revoked under paragraph (4) 
of this subsection. 
(3) The Secretary of Transportation may deny registration to 
a person that is or was owned or controlled by, or under common 
ownership or control with, a person whose registration was revoked 
under paragraph (4) of this subsection. 
(4) The Secretary of Transportation shall establish procedures 
for— 
(A) revoking or suspending a registration issued under 
paragraph (1) of this subsection for not complying with a 
requirement of this subchapter or section 30112, 30115, 30117-
30122, 30125(c), 30127, or 30166 of this title or regulations 
prescribed under this subchapter or those sections; 
(B) automatically suspending a registration for not paying 
a fee under subsection (a)(3) of this section in a timely manner 
or for knowingly filing a false or misleading certification under 
section 30146 of this title; and 
(C) reinstating suspended registrations. 
(d) BONDS.—(1) A person importing a motor vehicle under this 
section shsdl provide a bond to the Secretary of the Treasury (acting 
for the Secretary of Transportation) and comply with the terms 
the Secretary of Transportation decides are appropriate to ensure 
that the vehicle— 
(A) will comply with applicable motor vehicle safety stand-
ards prescribed under this chapter within a reasonable time 
(specified by the Secretary of Transportation) after the vehicle 
is imported; or 
(B) will be exported (at no cost to the United States Govern-
ment) by the Secretary of the Treasury or abandoned to the 
Government. 
(2) The amount of the bond provided under this subsection 
shall be at least equal to the dutiable value of the motor vehicle 
(as determined by the Secretary of the Treasury) but not more 
than 150 percent of that value. 
(e) FEE REVIEW, ADJUSTMENT, AND USE.—^The Secretary of 
Transportation shall review and make appropriate adjustments at 
least every 2 years in the amounts of the fees required to be 
paid under subsection (a)(3) of this section. The Secretary of 
Transportation shall establish the fees for each fiscal year before 
the beginning of that year. All fees collected remain available until 
expendfed without fiscal year limit to the extent provided in advance 
by appropriation laws. The amounts are only for use by the Sec-
retary of Transportation— 
(1) in carrying out this section and sections 30146(a)-(c)(l), 
(d), and (e) and 30147(b) of this title; and 
(2) in advgmcing to the Secretary of the Treasury amounts 
for costs incurred under this section and section 30146 of this 
title to reimburse the Secretary of the Treasury for those costs. 
§ 30142. Importing motor vehicles for personal use 
(a) GENERAL.—Section 30112(a) of this title does not apply 
to an imported motor vehicle if— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 963 
(1) the vehicle is imported for personal use, and not for 
resale, by an individual (except an individual described in sec-
tions 30143 and 30144 of this title); 
(2) the vehicle is imported after January 31, 1990; and 
(3) the individual takes the actions required under sub-
section (b) of this section to receive an exemption. 
(b) EXEMPTIONS.—(1) To receive an exemption under subsection 
(a) of this section, an individual must— 
(A) provide the Secretary of the Treasury (acting for the 
Secretary of Transportation) with— 
(i) an appropriate bond in an amount determined under 
section 30141(d) of this title; 
(ii) a copy of an agreement with an importer registered 
under section 30141(c) of this title for bringing the motor 
vehicle into compliance with applicable motor vehicle safety 
standards prescribed under this chapter; and 
(iii) a certification that the vehicle meets the require-
ment of section 30141(a)(1)(A) or (B) of this title; and 
(B) comply with appropriate terms the Secretary of 
Transportation imposes to ensure that the vehicle— 
(i) will be brought into compliance with those standards 
within a reasonable time (specified by the Secretary of 
Transportation) after the vehicle is imported; or 
(ii) will be exported (at no cost to the United States 
Government) by the Secretary of the Treasury or aban-
doned to the Government. 
(2) For good cause shown, the Secretary of Transportation 
may allow an individual additional time, but not more than 30 
days after the day on which the motor vehicle is offered for import, 
to comply with paragraph (l)(A)(ii) of this subsection. 
§30143. Motor vehicles imported by individuals employed 
outside the United States 
(a) DEFINITION.—In this section, "assigned place of employment" 
means— 
(1) the principal location at which an individual is perma-
nently or indefinitely assigned to work; and 
(2) for a member of the uniformed services, the individual's 
permanent duty station. 
(b) GENERAL.—Section 30112(a) of this title does not apply 
to a motor vehicle imported for personal use, and not for resale, 
by an individual— 
(1) whose assigned place of employment was outside the 
United States as of October 31, 1988, and who has not had 
an assigned place of employment in the United States from 
that date through the date the vehicle is imported into the 
United States; 
(2) who previously had not imported a motor vehicle into 
the United States under this section or section 108(g) of the 
National Traffic and Motor Vehicle Safety Act of 1966 or, before 
October 31, 1988, under section 108(b)(3) of that Act; 
(3) who acquired, or made a binding contract to acquire, 
the vehicle before October 31, 1988; 
(4) who imported the vehicle into the United States not 
, 
later than October 31, 1992; and 
(5) who satisfies section 108(b)(3) of that Act as in effect 
on October 30,1988. 
108 STAT. 964 
PUBLIC LAW 103-272—JULY 5,1994 
(c) CERTIFICATION.—Subsection (b) of this section is carried 
out by certification in the form the Secretary of Transportation 
or the Secretary of the Treasury may prescribe. 
§ 30144. Importing motor vehicles on a temporary basis 
(a) GENERAL.—Section 30112(a) of this title does not apply 
to a motor vehicle imported on a temporary basis for personal 
use by an individual who is a member of— 
(IXA) the personnel of the government of a foreign country 
on assignment in the United States or a member of the Sec-
retariat of a public international organization designated under 
the International Organization Immunities Act (22 U.S.C. 288 
et secL); and 
(B) the class of individuals for whom the Secretary of 
State has authorized free importation of motor vehicles; or 
(2) the armed forces of a foreign country on assignment 
in the United States. 
(b) VERIFICATION.—^The Secretary of Transportation or the Sec-
retary of the Treasury may require verification, that the Secretary 
of Transportation considers appropriate, that an individual is a 
member described under subsection (a) of this section. The Secretary 
of Transportation shall ensure that a motor vehicle imported under 
this section will be exported (at no cost to the United States Grovem-
ment) or abandoned to the Government when the individual no 
longer— 
(1) resides in the United States; and 
(2) is a member described under subsection (a) of this 
section. 
(c) SALE IN THE UNITED STATES.—A motor vehicle imported 
under this section may not be sold when in the United States. 
§30145. Importing motor vehicles or equipment requiring 
further manufacturing 
Section 30112(a) of this title does not apply to a motor vehicle 
or motor vehicle equipment if the vehicle or equipment— 
(1) requires further manufacturing to perform its intended 
function as decided under regulations prescribed by the Sec-
retary of Transportation; and 
(2) is accompanied at the time of importation by a written 
statement issued by the manufacturer indicating the applicable 
motor vehicle safety standard prescribed under this chapter 
with which it does not comply. 
§ 30146. Release of motor vehicles and bonds 
(a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as pro-
vided in subsections (c) and (d) of this section, an importer reg-
istered under section 30141(c) of this title may license or register 
an imported motor vehicle for use on public streets, roads, or 
highways, or release custody of a motor vehicle imported by the 
registered importer or imported by an individual under section 
30142 of this title and altered by the registered importer to meet 
applicable motor vehicle safety standards prescribed under this 
chapter to a person for license or registration for use on public 
streets, roads, or highways, only after 30 days after the registered 
importer certifies to the Secretary of Transportation, in the way 
the Secretary prescribes, that the motor vehicle complies with each 
standard prescribed in the year the vehicle was manufactured and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 965 
that applies in that year to that vehicle. A vehicle may not be 
released if the Secretary gives written notice before the end of 
the 30-day period that the Secretary will inspect the vehicle under 
subsection (c) of this section. 
(2) The Secretaries of Transportation and the Treasury shall Regulations, 
prescribe regulations— 
(A) ensuring the release of a motor vehicle and bond 
required under section 30141(d) of this title at the end of 
the 30-day period, unless the Secretary of Transportation issues 
a notice of an inspection under subsection (c) of this section; 
and 
(B) providing that the Secretary of Transportation shall 
release the vehicle and bond promptly after an inspection under 
subsection (c) of this section showing compliance with the stand-
ards applicable to the vehicle. 
(3) Each registered importer shall include on each motor vehicle 
released under this subsection a label prescribed by the Secretary 
of Transportation identifying the importer and stating that the 
vehicle has been altered by the importer to comply with the stand-
ards applicable to the vehicle. 
(b) RELIANCE ON MANUFACTURER'S CERTIFICATION.—In making 
a certification under subsection (a)(1) of this section, the registered 
importer may rely on the manufacturer's certification for the model 
'' 
to which the motor vehicle involved is substantially similar if the 
importer certifies that any alteration made by the importer did 
not affect the compliance of the safety features of the vehicle and 
the importer keeps records verifying the certification for the period 
C 
the Secretary of Transportation prescribes. 
(c) EVIDENCE OF COMPLIANCE.—(1) The Secretary of Transpor-
tation may require that the certification under subsection (a)(1) 
of this section be accompanied by evidence of compliance the Sec-
retary considers appropriate or may inspect the certified motor 
vehicle, or both. If the Secretary gives notice of an inspection, 
an importer may release the vehicle only after— 
(A) an inspection showing the motor vehicle complies with 
applicable motor vehicle safety standards prescribed under this 
chapter for which the inspection was made; and 
(B) release of the vehicle by the Secretary. 
(2) The Secretary of Transportation shall inspect periodically 
a representative number of motor vehicles for which certifications 
have been filed under subsection (a)( 1) of this section. In carrying 
out a motor vehicle testing program under this chapter, the Sec-
retsiry shall include a representative number of motor vehicles 
for which certifications have been filed under subsection (a)(1). 
(d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond 
may not be released under subsection (a) of this section if the 
Secretary of Transportation, not later than 30 days after receiving 
a certification under subsection (a)(1) of this section, gives written 
notice that the Secretary believes or has reason to believe that 
the certification is false or contains a mispresentation. The vehicle 
and bond may be released only after the Secretary is satisfied 
with the certification and any modification of the certification. 
(e) BOND RELEASE.—^A release of a bond required under section 
30141(d) of this title is deemed an acceptance of a certification 
or completion of an inspection under this section but is not a 
decision by the Secretary of Transportation under section 30118(a) 
108 STAT. 966 
PUBLIC LAW 103-272—JULY 5, 1994 
or (b) of this title of compliance with applicable motor vehicle 
safety standards prescribed under this chapter. 
§ 30147. Responsibility for defects and noncompliance 
(a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES 
AND IMPORTER AS MANUFACTURER.—(1) In carrying out sections 
30117(b), 30118-30121, and 30166(f) of this title— 
(A) for a defect or noncompliance with an applicable motor 
vehicle safety standard prescribed under this chapter for a 
motor vehicle originally manufactured for import into the 
United States, an imported motor vehicle having a valid certifi-
cation under section 30146(a)(1) of this title and decided to 
^ 
be substantially similar to that motor vehicle shall be deemed 
as having the same defect or as not complying with the same 
standard unless the manufacturer or importer registered under 
section 30141(c) of this title demonstrates otherwise to the 
Secretary of Transportation; and 
(B) the registered importer shall be deemed to be the 
manufacturer of any motor vehicle that the importer imports 
or brings into compliance with the standards for an individual 
under section 30142 of this title. 
Federal 
(2) The Secretary shall publish in the Federal Register notice 
Register, 
QJ- ^j^y defect or noncompliance under paragraph (1)(A) of this 
pu ica ion. 
subsection. 
(b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary 
shall require by regulation each registered importer (including any 
successor in interest) to provide and maintain evidence, satisfactory 
to the Secretary, of sufficient financial responsibility to meet its 
obligations under sections 30117(b), 30118-30121, and 30166(f) of 
this title. 
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE 
§30161. Judicial review of standards 
(a) FILING AND VENUE.—^A person adversely affected by an 
order prescribing a motor vehicle safety standard under this chapter 
may apply for review of the order by filing a petition for review 
in the court of appeals of the United States for the circuit in 
which the person resides or has its principal place of business. 
The petition must be filed not later than 59 days after the order 
is issued. 
(b) NOTIFYING SECRETARY.—The clerk of the court shall send 
immediately a copy of the petition to the Secretary of Transpor-
tation. The Secretary shall file with the court a record of the 
proceeding in which the order was prescribed. 
(c) ADDITIONAL PROCEEDINGS.-—(1) On request of the petitioner, 
the court may order the Secretary to receive additional evidence 
and evidence in rebuttal if the court is satisfied that the additional 
evidence is material and there were reasonable grounds for not 
presenting the evidence in the proceeding before the Secretary. 
(2) The Secretary may modify findings of fact or make new 
findings because of the additional evidence presented. The Secretary 
shall file a modified or new finding, a recommendation to modify 
or set aside the order, and the additional evidence with the court. 
(d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Sec-
retary shall give any interested person a certified copy of the 
transcript of the record in a proceeding under this section on request 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 967 
and pajmient of costs. A certified copy of the record of the proceeding 
is admissible in a proceeding arising out of a matter under this 
chapter, regardless of whether the proceeding under this section 
has begun or becomes final. 
(e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.— 
A judgment of a court under this section is final and may be 
reviewed only by the Supreme Court under section 1254 of title 
28. 
§30162. Petitions by interested persons for standards and 
enforcement 
(a) FILING.—Any interested person may file a petition with 
the Secretary of Transportation requesting the Secretary to begin 
a proceeding— 
(1) to prescribe a motor vehicle safety standard under 
this chapter; or 
(2) to decide whether to issue an order under section 
30118(b) of this title. 
(b) STATEMENT OF FACTS.—The petition must state facts that 
the person claims establish that a motor vehicle SEifety standard 
or order referred to in subsection (a) of this section is necessary 
and briefly describe the order the Secretary should issue. 
(c) PROCEEDINGS.—^The Secretary may hold a public hearing 
or conduct an investigation or proceeding to decide whether to 
grant the petition. 
(d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny 
a petition not later than 120 days after the petition is filed. If 
a petition is granted, the Secretary shall begin the proceeding 
promptly. If a petition is denied, the Secretary shall publish the Federal 
reasons for the denial in the Federal Register. 
™?h^<!fHr 
publication. 
§ 30163. Actions by the Attorney General 
(a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may 
bring a civil action in a United States district court to enjoin— 
(1) a violation of this chapter or a regulation prescribed 
or order issued under this chapter; and 
(2) the sale, offer for sale, or introduction or delivery for 
introduction, in interstate commerce, or the importation into 
the United States, of a motor vehicle or motor vehicle equip-
ment for which it is decided, before the first purchase in good 
faith other than for resale, that the vehicle or equipment— 
(A) contains a defect related to motor vehicle safety 
about which notice was given under section 30118(c) of 
this title or an order was issued under section 30118(b) 
of this title; or 
(B) does not comply with an applicable motor vehicle 
safety standard prescribed under this chapter. 
(b) 
PRIOR 
NOTICE.—^When 
practicable, 
the 
Secretary 
of 
Transportation shall notify a person against whom a civil action 
under subsection (a) of this section is planned, give the person 
an opportunity to present that person's views, and, except for a 
knowing and willful violation of this chapter, give the* person a 
reasonable opportunity to remedy the defect or comply with the 
applicable motor vehicle safety standard prescribed under this chap-
ter. Failure to give notice and an opportunity to remedy the defect 
or comply with the applicable motor vehicle safety standard pre-
108 STAT. 968 
PUBLIC LAW 103-272—JULY 5, 1994 
scribed under this chapter does not prevent a court from granting 
appropriate rehef. 
(c) VENUE.—Except as provided in section 30121(d) of this 
title, a civil action under this section or section 30165(a) of this 
title may be brought in the judicial district in which the violation 
occurred or the defendant is found, resides, or does business. Process 
in the action may be served in any other judicial district in which 
the defendant resides or is found. 
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt 
for violating an injunction or restraining order issued under sub-
section (a) of this section, the violation of which is also a violation 
of this^chapter, the defendant may demand a jury trial. The defend-
ant shall be tried as provided in rule 42(b) of the Federal Rules 
of Criminal Procedure (18 App. U.S.C). 
(e) SUBPENAS FOR WITNESSES.—In a civil action brought under 
this section, a subpena for a witness may be served in any judicial 
district. 
§ 30164. Service of process 
(a) DESIGNATING AGENTS.—^A manufacturer offering a motor 
vehicle or motor vehicle equipment for import shall designate an 
agent on whom service of notices and process in administrative 
and judicial proceedings may be made. The designation shall be 
in writing and filed with the Secretary of Transportation. The 
designation may be changed in the same way as originally made. 
(b) SERVICE.—^An agent may be served at the agent's office 
or usual place of residence. Service on the agent is deemed to 
be service on the manufacturer. If a manufacturer does not des-
ignate an agent, service may be made by posting the notice or 
process in the office of the Secretary. 
§30165. Civil penalty 
(a) PENALTY.—A person that violates section 30112, 30115, 
30117-30122, 30123(d), 30125(c), .30127, 30141-30147, or 30166 
of this title or a regulation prescribed under those sections is 
liable to the United States Government for a civil penalty of not 
more than $1,000 for each violation. A separate violation occurs 
for each motor vehicle or item of motor vehicle equipment and 
for each failure or refusal to allow or perform an act required 
by those sections. The maximum penalty under this subsection 
for a related series of violations is $800,000. 
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transpor-
tation may compromise the amount of a civil penalty imposed 
under this section. 
(2) The Government may deduct the amount of a civil penalty 
imposed or compromised under this section from amounts it owes 
the person liable for the penalty. 
(c) CONSIDERATIONS.—In determining the amount of a civil 
penalty or compromise, the appropriateness of the penalty or com-
promise to the size of the business of the person charged and 
the gravity of the violation shall be considered. 
(d) SuBPENAS FOR WITNESSES.—In a civil action brought under 
this section, a subpena for a witness may be served in any judicial 
district. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 969 
§ 30166. Inspections, investigations, and records 
(a) DEFINITION.—In this section, "motor vehicle accident" means 
an occurrence associated with the maintenance or operation of 
a motor vehicle or motor vehicle equipment resulting in personal 
injury, death, or property damage. 
(b) AUTHORITY TO INSPECT AND INVESTIGATE.—(1) The Sec-
retary 
of 
Transportation 
may 
conduct 
an 
inspection 
or 
investigation— 
(A) that may be necessary to enforce this chapter or a 
regulation prescribed or order issued under this chapter; or 
(B) related to a motor vehicle accident and designed to 
carry out this chapter. 
(2) The Secretary of Transportation shall cooperate with State 
and local officials to the greatest extent possible in an inspection 
or investigation under paragraph (1)(B) of this subsection. 
(c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.— 
In carrying out this chapter, an officer or employee designated 
by the Secretary of Transportation— 
(1) at reasonable times, may inspect and copy any record 
related to this chapter; 
(2) on request, may inspect records of a manufacturer, 
distributor, or dealer to decide whether the manufacturer, 
distributor, or dealer has complied or is complying with this 
chapter or a regulation prescribed or order issued under this 
chapter; and 
(3) at reasonable times, in a reasonable way, and on display 
of proper credentials and written notice to an owner, operator, 
or agent in charge, may— 
(A) enter and inspect with reasonable promptness 
premises in which a motor vehicle or motor vehicle equip-
ment is manufactured, held for introduction in interstate 
commerce, or held for sale after introduction in interstate 
commerce; 
(B) enter and inspect with reasonable promptness 
premises at which a vehicle or equipment involved in a 
motor vehicle accident is located; 
(C) inspect with reasonable promptness that vehicle 
or equipment; and 
(D) impound for not more than 72 hours a vehicle 
or equipment involved in a motor vehicle accident. 
(d) REASONABLE COMPENSATION.—When a motor vehicle (except 
a vehicle subject to subchapter II of chapter 105 of this title) 
or motor vehicle equipment is inspected or temporarily impounded 
under subsection (c)(3) of this section, the Secretary of Transpor-
tation shall pay reasonable compensation to the owner of the vehicle 
if the inspection or impoundment results in denial of use, or reduc-
tion in value, of the vehicle. 
(e) 
RECORDS 
AND 
MAKING 
REPORTS.—The 
Secretary 
of 
Transportation reasonably may require a manufacturer of a motor 
vehicle or motor vehicle equipment to keep records, and a manufac-
turer, distributor, or dealer to make reports, to enable the Secretary 
to decide whether the manufacturer, distributor, or dealer has 
complied or is complying with this chapter or a regulation prescribed 
or order issued under this chapter. This subsection does not impose 
a recordkeeping requirement on a distributor or dealer in addition 
to those imposed under subsection (f) of this section and section 
108 STAT. 970 
PUBLIC LAW 103-272—JULY 5, 1994 
30117(b) of this title or a regulation prescribed or order issued 
under subsection (f) or section 30117(b). 
(f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS 
AND NONCOMPLIANCE.—^A manufacturer shall give the Secretary 
of Transportation a true or representative copy of each communica-
tion to the manufacturer's dealers or to owners or purchasers of 
a motor vehicle or replacement equipment produced by the manufac-
turer about a defect or noncompliance with a motor vehicle safety 
standard prescribed under this chapter in a vehicle or equipment 
that is sold or serviced. 
(g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND 
HEARINGS,—(1) In carrying out this chapter, the Secretary of 
Transportation may— 
(A) require, by general or special order, any person to 
file reports or answers to specific questions, including reports 
or answers under oath; and 
(B) conduct hearings, administer oaths, take testimony, 
' 
and require (by subpena or otherwise) the appearance and 
testimony of witnesses and the production of records the Sec-
retary considers advisable. 
(2) A witness summoned under this subsection is entitled to 
the same fee and mileage the witness would have been paid in 
a court of the United States. 
(h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action 
to enforce a subpena or order under subsection (g) of this section 
may be brought in the United States district court for the judicial 
district in which the proceeding is conducted. The court may punish 
a failure to obey an order of the court to comply with a subpena 
or order as a contempt of court. 
(i) GOVERNMENTAL COOPERATION.—The Secretary of Transpor-
tation may request a department, agency, or instrumentality of 
the United States Government to provide records the Secretary 
considers necessary to carry out this chapter. The head of the 
department, agency, or instrumentality shall provide the record 
on request, may detail personnel on a reimbursable basis, and 
otherwise shall cooperate with the Secretary. This subsection does 
not affect a law limiting the authority of a department, agency, 
or instrumentality to provide information to another department, 
agency, or instrumentality. 
(j) COOPERATION OF SECRETARY.—The Secretary of Transpor-
tation may advise, assist, and cooperate with departments, agencies, 
and instrumentalities of the Government, States, and other public 
and private agencies in developing a method for inspecting and 
testing to determine compliance with a motor vehicle safety 
standard. 
(k) PROVIDING INFORMATION.—The Secretary of Transportation 
shall provide the Attorney General and, when appropriate, the 
Secretary of the Treasury, information obtained that indicates a 
violation of this chapter or a regulation prescribed or order issued 
under this chapter. 
§30167. Disclosure of information by the Secretary of 
Transportation 
(a) CONFIDENTIALITY OF INFORMATION.—Information obtained 
under this chapter related to a confidential matter referred to 
in section 1905 of title 18 may be disclosed only in the following 
ways: 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 971 
(1) to other officers and employees carrying out this 
chapter. 
(2) when relevant to a proceeding under this chapter. 
(3) to the public if the confidentiality of the information 
is preserved. 
(4) to the public when the Secretary of Transportation 
decides that disclosure is necessary to carry out section 30101 
of this title. 
(b) DEFECT AND NONCOMPLIANCE INFORMATION.—Subject to 
subsection (a) of this section, the Secretary shall disclose informa-
tion obtained under this chapter related to a defect or noncompli-
ance that the Secretary decides will assist in carrying out sections 
30117(b) and 30118-30121 of this title or that is required to be 
disclosed under section 30118(a) of this title. A requirement to 
disclose information under this subsection is in addition to the 
requirements of section 552 of title 5. 
(c) INFORMATION ABOUT MANUFACTURER'S INCREASED COSTS.— 
A manufacturer opposing an action of the Secretary under this 
chapter because of increased cost shall submit to the Secretary 
information about the increased cost, including the manufacturer's 
cost and the cost to retail purchasers, that allows the public and 
the Secretary to evaluate the manufacturer's statement. The Sec-
retary shall evaluate the information promptly and, subject to sub-
section (a) of this section, shall make the information and evaluation 
available to the public. The Secretary shall publish a notice in 
the Federal Register that the information is available. 
(d) WITHHOLDING INFORMATION FROM CONGRESS.—This section 
does not authorize information to be withheld from a committee 
of Congress authorized to have the information. 
§ 30168. Research, testing, development, and training 
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation 
shall conduct research, testing, development, and training necessary 
to carry out this chapter. The research, development, testing, and 
training shall include— 
(A) collecting information to determine the relationship 
between motor vehicle or motor vehicle equipment performance 
characteristics and— 
(i) accidents involving motor vehicles; and 
(ii) the occurrence of death or personal injury resulting 
from those accidents; 
(B) obtaining experimental and other motor vehicles and 
motor vehicle equipment for research or testing; and 
(C) selling or otherwise disposing of test motor vehicles 
and motor vehicle equipment and crediting the proceeds to 
current appropriations available to carry out this chapter. 
(2) The Secretary may carry out this subsection through grants 
to States, interstate authorities, and nonprofit institutions. 
(b) USE OF PUBLIC AGENCIES.—In carrying out this chapter, 
the Secretary shall use the services, research, and testing facilities 
of public agencies to the maximum extent practicable to avoid 
duplication. 
(c) FACILITIES.—^The Secretary may plan, design, and build 
a new facility or modify an existing facility to conduct research, 
development, and testing in traffic safety, highway safety, and 
motor vehicle safety. An expenditure of more than $100,000 for 
planning, design, or construction may be made only if the planning. 
Federal 
Register, 
publication. 
108 STAT. 972 
PUBLIC LAW 103-272—JULY 5,1994 
design, or construction is approved by substantially similar resolu-
tions by the Committees on Energy and Commerce and Public 
Works £ind Transportation of the House of Representatives and 
the Committees on Commerce, Science, and Transportation and 
Environment and Public Works of the Senate. To obtain that 
approval, the Secretary shall submit to Congress a prospectus on 
the proposed facility. The prospectus shall include— 
(1) a brief description of the facility being planned, 
designed, or built; 
(2) the location of the facility; 
(3) an estimate of the maximum cost of the facility; 
(4) a statement identifying private and public agencies 
that will use the facility and the contribution each agency 
will make to the cost of the facility; and 
(5) a justification of the need for the facility. 
(d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated 
maximum cost of a facility approved under subsection (c) of this 
section may be increased by an amount equal to the percentage 
increase in construction costs from the date the prospectus is 
submitted to Congress. However, the increase in the cost of the 
facility may not be more than 10 percent of the estimated maximum 
cost included in the prospectus. The Secretary shall decide what 
increase in construction costs has occurred. 
(e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOP-
MENTS.—^When the United States Government makes more than 
a minimal contribution to a research or development activity under 
this chapter, the Secretary shall include in the arrangement for 
the activity a provision to ensure that all information, patents, 
and developments related to the activity are available to the public. 
However, the owner of a background patent may not be deprived 
of a right under the patent. 
§30169. Annual reports 
(a) GENERAL REPORT.—^The Secretary of Transportation shall 
submit to the President to submit to Congress on July 1 of each 
year a report on the administration of this chapter for the prior 
calendar year. The report shall include— 
(1) a thorough statistical compilation of accidents and 
injuries; 
(2) motor vehicle safety standards in effect or prescribed 
under this chapter; 
(3) the degree of observance of the standards; 
(4) a summary of current research grants and contracts 
and a description of the problems to be considered under those 
grants and contracts; 
(5) an analysis and evaluation of research activities com-
pleted and technological progress achieved; 
(6) enforcement actions; 
(7) the extent to which technical information was given 
the scientific community and consumer-oriented information 
was made available to the public; and 
(8) recommendations for legislation needed to promote 
cooperation among the States in improving traffic safety and 
strengthening the national traffic safety program. 
(b) REPORT ON IMPORTING MOTOR VEHICLES.—Not later than 
18 months after regulations are first prescribed under section 
2(e)(lXB) of the Imported Vehicle Safety Compliance Act of 1988, 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 973 
the Secretary shall submit to Congress a report of the actions 
taken to carry out subchapter III of this chapter and the effective-
ness of those actions, including any testing by the Secretary under 
section 30146(c)(2) of this title. After the first report, the Secretary 
shall submit a report to Congress under this subsection not later 
than July 31 of each year. 
CHAPTER 303—NATIONAL DRIVER REGISTER 
Sec 
30301. Definitions. 
30302. National Driver Register. 
30303. State participation. 
30304. Reports by chief driver licensing officials. 
30305. Access to Register information. 
30306. National Driver Register Advisory Committee. 
30307. Criminal penalties. 
30308. Authorization of appropriations. 
§30301. Definitions 
In this chapter— 
(1) "alcohol" has the same meaning given that term in 
regulations prescribed by the Secretary of Transportation. 
(2) "chief driver licensing official" means the official in 
a State who is authorized to— 
(A) maintain a record about a motor vehicle operator's 
license issued by the State; and 
(B) issue, deny, revoke, suspend, or cancel a motor 
vehicle operator's license issued by the State. 
(3) "controlled substance" has the same meaning given 
that term in section 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 802). 
(4) "motor vehicle" means a vehicle, machine, tractor, 
trailer, or semitrailer propelled or drawn by mechanical power 
and used on public streets, roads, or highways, but does not 
include a vehicle operated only on a rail line. 
(5) "motor vehicle operator's license" means a license issued 
by a State authorizing an individual to operate a motor vehicle 
on public streets, roads, or highways. 
(6) "participating State" means a State that has notified 
the Secretary under section 30303 of this title of its participa-
tion in the National Driver Register. 
(7) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Northern Mariana Islands, the Trust Territory 
of the Pacific Islands, and any other territory or possession 
of the United States. 
(8) "State of record" means a State that has given the 
Secretary a report under section 30304 of this title about an 
individual who is the subject of a request for information made 
under section 30305 of this title. 
§ 30302. National Driver Register 
(a) 
ESTABLISHMENT 
AND 
CONTENTS.—The 
Secretary 
of 
Transportation shall establish as soon as practicable and maintain 
a National Driver Register to assist chief driver licensing officials 
of participating States in exchanging information about the motor 
vehicle driving records of individuals. The Register shall contain 
an index of the information reported to the Secretary under section 
79-194 O—95—9 : QL 3 Part 2 
108 STAT. 974 
PUBLIC LAW 103-272—JULY 5, 1994 
30304 of this title. The Register shall enable the Secretary (elec-
tronically or, until all States can participate electronically, by 
United States mail)— 
(1) to receive information submitted under section 30304 
of this title by the chief driver licensing official of a State 
of record; 
(2) to receive a request for information made by the chief 
driver licensing official of a participating State under section 
30305 of this title; 
(3) to refer the request to the chief driver licensing official 
of a State of record; and 
(4) in response to the request, to relay information provided 
by a chief driver licensing official of a State of record to the 
chief driver licensing official of a participating State, without 
interception of the information. 
(b) ACCURACY OF INFORMATION.—The Secretary is not respon-
sible for the accuracy of information relayed to the chief driver 
licensing official of a participating State. However, the Secretary 
shall maintain the Register in a way that ensures against inadvert-
ent alteration of information during a relay. 
(c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall 
provide by regulation for the orderly transition from the register 
maintained under the Act of July 14, 1960 (Public Law 86-660, 
74 Stat. 526), as restated by section 401 of the National Traffic 
and Motor Vehicle Safety Act of 1966 (Public Law 89-563, 80 
Stat. 730), to the Register maintained under this chapter. 
(2)(A) The Secretary shall delete from the Register a report 
or information that was compiled under the Act of July 14, 1960 
(Public Law 86-660, 74 Stat. 526), as restated by section 401 
of the National Traffic and Motor Vehicle Safety Act of 1966 (Public 
Law 89-563, 80 Stat. 730), and transferred to the Register, after 
the earlier of— 
(i) the date the State of record removes it from the State's 
file; 
(ii) 7 years after the date the report or information is 
entered in the Register; or 
(iii) the date a fully electronic Register system is estab-
lished. 
(B) The report or information shall be disposed of under chapter 
33 of title 44. 
(3) If the chief driver licensing official of a participating State 
finds that information provided for inclusion in the Register is 
erroneous or is related to a conviction of a traffic offense that 
subsequently is reversed, the official immediately shall notify the 
Secretary. The Secretary shall provide for the immediate deletion 
of the information from the Register. 
(d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter, 
the Secretary shall assign personnel necessary to ensure the effec-
tive operation of the Register. 
§30303. State participation 
(a) NOTIFICATION.—^A State may become a participating State 
under this chapter by notifying the Secretary of Transportation 
of its intention to be bound by section 30304 of this title. 
(b) WITHDRAWAL.—^A participating State may end its status 
£is a participating State by notifying the Secretary of its withdrawal 
from participation in the National Driver Register. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 975 
(c) FORM AND WAY OF NOTIFICATION.—Notification by a State 
under this section shall be made in the form and way the Secretary 
prescribes by regulation. 
§ 30304. Reports by chief driver licensing ofGcials 
(a) INDIVIDUALS COVERED.—^As soon as practicable, the chief 
driver licensing official of each participating State shall submit 
to the Secretary of Transportation a report containing the informa-
tion specified by subsection (b) of this section for each individual— 
(1) who is denied a motor vehicle operator's license by 
that State for cause; 
(2) whose motor vehicle operator's license is revoked, sus-
pended, or canceled by that State for cause; or 
(3) who is convicted under the laws of that State of any 
of the following motor vehicle-related offenses or comparable 
offenses: 
(A) operating a motor vehicle while under the influence 
of, or impaired by, alcohol or a controlled substance. 
(B) a traffic violation arising in connection with a 
fatal traffic accident, reckless driving, or racing on the 
highways. 
(C) failing to give aid or provide identification when 
involved in an accident resulting in death or personal 
injury. 
(D) perjury or knowingly making a false affidavit or 
statement to officials about activities governed by a law 
or regulation on the operation of a motor vehicle. 
(b) CONTENTS.—(1) Except as provided in paragraph (2) of 
this subsection, a report under subsection (a) of this section shall 
contain— 
(A) the individual's legal name, date of birth, sex, and, 
at the Secretary's discretion, height, weight, and eye and hair 
color; 
(B) the name of the State providing the information; and 
(C) the social security account number if used by the State 
for driver record or motor vehicle license purposes, and the 
motor vehicle operator's license number if different from the 
social security account number. 
(2) A report under subsection (a) of this section about an 
event that occurs during the 2-year period before the State becomes 
a participating State is sufficient if the report contains all of the 
information that is available to the chief driver licensing official 
when the State becomes a participating State. 
(c) TIME FOR FILING.—If a report under subsection (a) of this 
section is about an event that occurs— 
(1) during the 2-year period before the State becomes a 
participating State, the report shall be submitted not later 
than 6 months after the State becomes a participating State; 
or 
(2) after the State becomes a participating State, the report 
shall be submitted not later than 31 days after the motor 
vehicle department of the State receives any information speci-
fied in subsection (b)(1) of this section that is the subject 
of the report. 
(d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section 
does not require a State to report information about an event 
108 STAT. 976 
PUBLIC LAW 103-272—JULY 5, 1994 
that occurs before the 2-year period before the State becomes a 
participating State. 
§ 30305. Access to Register information 
(a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out 
duties related to driver Hcensing, driver improvement, or transpor-
tation safety, the chief driver licensing official of a participating 
State may request the Secretary of Transportation to refer, elec-
tronically or by United States mail, a request for information about 
the motor vehicle driving record of an individual to the chief driver 
licensing official of a State of record. 
(2) The Secretary of Transportation shall relay, electronically 
or by United States mail, information received from the chief driver 
licensing official of a State of record in response to a request 
under paragraph (1) of this subsection to the chief driver licensing 
official of the participating State requesting the information. How-
ever, the Secretary may refuse to relay information to the chief 
driver licensing official of a participating State that does not comply 
with section 30304 of this title. 
(b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman 
of the National Transportation Safety Board and the Administrator 
of the Federal Highway Administration may request the chief driver 
licensing official of a State to obtain information under subsection 
(a) of this section about an individual who is the subject of an 
accident investigation conducted by the Board or the Administrator. 
The Chairman and the Administrator may receive the information. 
(2) An individual who is employed, or is seeking employment, 
as a driver of a motor vehicle may request the chief driver licensing 
official of the State in which the individual is employed or seeks 
employment to provide information about the individual under sub-
section (a) of this section to the individual's employer or prospective 
employer. An employer or prospective employer may receive the 
information and shall make the information available to the individ-
ual. Information may not be obtained from the National Driver 
Register under this paragraph if the information was entered in 
the Register more than 3 years before the request. 
(3) An individual who has received, or is applying for, an 
airman's certificate may request the chief driver licensing official 
of a State to provide information about the individual under sub-
section (a) of this section to the Administrator of the Federal Avia-
tion Administration. The Administrator may receive the information 
and shall make the information available to the individual for 
review and written comment. The Administrator may use the 
information to verify information required to be reported to the 
Administrator by an airman applying for an airman medical certifi-
cate and to evaluate whether the airman meets the minimum 
standards prescribed by the Administrator to be issued an airman 
medical certificate. The Administrator may not otherwise divulge 
or use the information. Information may not be obtained from 
the Register under this paragraph if the information was entered 
in the Register more than 3 years before the request, unless the 
information is about a revocation or suspension still in effect on 
the date of the request. 
(4) An individual who is employed, or is seeking employment, 
by a rail carrier as an operator of a locomotive may request the 
chief driver licensing official of a State to provide information 
about the individual under subsection (a) of this section to the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 977 
individual's employer or prospective employer or to the Secretary 
of Transportation. Information may not be obtained from the Reg-
ister under this paragraph if the information was entered in the 
Register more than 3 years before the request, unless the informa-
tion is about a revocation or suspension still in effect on the date 
of the request. 
(5) An individual who holds, or is applying for, a license or 
certificate of registry under section 7101 of title 46, or a merchant 
mariner's document under section 7302 of title 46, may request 
the chief driver licensing official of a State to provide information 
about the individual under subsection (a) of this section to the 
Secretary of the department in which the Coast Guard is operating. 
The Secretary may receive the information and shall make the 
information available to the individual for review and written com-
ment before denying, suspending, or revoking the license, certificate, 
or document of the individual based on the information and before 
using the information in an action taken under chapter 77 of 
title 46. The Secretary may not otherwise divulge or use the 
information, except for purposes of section 7101, 7302, or 7703 
of title 46. Information may not be obtained from the Register 
under this paragraph if the information was entered in the Register 
more than 3 years before the request, unless the information is 
about a revocation or suspension still in effect on the date of 
the request. 
(6) An individual may request the chief driver licensing official 
of a State to obtain information about the individual under sub-
section (a) of this section— 
(A) to learn whether information about the individual is 
being provided; 
(B) to verify the accuracy of the information; or 
(C) to obtain a certified copy of the information. 
(7) A request under this subsection shall be made in the form 
and way the Secretary of Transportation prescribes by regulation. 
(c) RELATIONSHIP TO OTHER LAWS.—^A request for, or receipt 
of, information from the Register is subject to sections 552 and 
552a of title 5, and other applicable laws of the United States 
or a State, except that— 
(1) the Secretary of Transportation may not relay or other-
wise provide information specified in section 30304(b)(1)(A) or 
(C) of this title to a person not authorized by this section 
to receive the information; 
(2) a request for, or receipt of, information by a chief 
driver licensing official, or by a person authorized by subsection 
(b) of this section to request and receive the information, is 
deemed to be a routine use under section 552a(b) of title 5; 
and 
(3) receipt of information by a person authorized by this 
section to receive the information is deemed to be a disclosure 
under section 552a(c) of title 5, except that the Secretary of 
Transportation is not required to retain the accounting made 
under section 552a(c)( 1) for more than 7 years after the 
disclosure. 
(d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR 
LAW.—Information provided by a State under the Act of July 14, 
1960 (Public Law 86-660, 74 Stat. 526), as restated by section 
401 of the National Traffic and Motor Vehicle Safety Act of 1966 
(Public Law 89-563, 80 Stat. 730), and under this chapter, shall 
108 STAT. 978 
PUBLIC LAW 103-272—JULY 5, 1994 
be available under this section during the transition from the reg-
ister maintained under that Act to the Register maintained under 
this chapter. 
§ 30306. National Driver Register Advisory Committee 
(a) ORGANIZATION.—There is a National Driver Register 
Advisory Committee. 
(b) DUTIES.—The Committee shall advise the Secretary of 
Transportation on— 
(1) the efficiency of the maintenance and operation of the 
National Driver Register; and 
(2) the effectiveness of the Register in assisting States 
in exchanging information about motor vehicle driving records. 
(c) COMPOSITION AND APPOINTMENT.—The Committee is com-
posed of 15 members appointed by the Secretary as follows: 
(1) 3 members appointed from among individuals who are 
specially qualified to serve on the Committee because of their 
education, training, or experience, and who are not officers 
or employees of the United States Government or a State. 
(2) 3 members appointed from among groups outside the 
Government that represent the interests of bus and trucking 
organizations, enforcement officials, labor, or safety organiza-
tions. 
(3)9 members, geographically representative of the partici-
pating States, appointed from among individuals who are chief 
driver licensing officials of participating States. 
(d) TERMS.—(1) Except as provided in paragraph (2) of this 
subsection, the term of each member is 3 years. 
(2) A vacancy on the Committee shall be filled in the same 
way as an original appointment. A member appointed to fill a 
vacancy serves for the remainder of the term of that member's 
predecessor. After a member's term ends, the member may continue 
to serve until a successor takes office. 
(e) PAY AND EXPENSES.—Members of the Committee serve with-
out pay. However, the Secretary may reimburse a member for 
reasonable travel expenses incurred by the member in attending 
meetings of the Committee. 
(f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1) 
The Committee shall meet at least once a year. 
(2) The Committee shall elect a Chairman and a Vice Chairman 
from among its members. 
(3) Eight members are a quorum. 
(4) The Committee shall meet at the call of the Chairman 
or a majority of the members. 
(g) PERSONNEL AND SERVICES.—The Secretary may provide the 
Committee with personnel, penalty mail privileges, and similar 
services the Secretary considers necessary to assist the Committee 
in carrying out its duties and powers under this section. 
(h) REPORTS.—^At least once a year, the Committee shall submit 
to the Secretary a report on the matters specified in subsection 
(b) of this section. The report shall include any recommendations 
of the Committee for changes in the Register. 
, 
(i) RELATIONSHIP TO OTHER LAWS.—^The Committee is exempt 
from sections 10(e) and (f) and 14 of the Federal Advisory Commit-
tee Act (5 App. U.S.C). 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 979 
§ 30307. Criminal penalties 
(a) 
GENERAL 
PENALTY.—^A person (except an individual 
described in section 30305(b)(6) of this title) shall be fined under 
title 18, imprisoned for not more than one year, or both, if— 
(1) the person receives under section 30305 of this title 
information specified in section 30304(b)(1)(A) or (C) of this 
title; 
(2) disclosure of the information is not authorized by section 
30305 ofthis title; and 
(3) the person willfully discloses the information knowing 
that disclosure is not authorized. 
(b) INFORMATION PENALTY.—^A person knowingly and willfully 
requesting, or under false pretenses obtaining, information specified 
in section 30304(b)(1)(A) or (C) ofthis title from a person receiving 
the information under section 30305 of this title shall be fined 
under title 18, imprisoned for not more than one year, or both. 
§ 30308. Authorization of appropriations 
(a) GENERAL.—The Secretary of Transportation shall make 
available from amounts made available to carry out section 402 
of title 23 $4,000,000 for each of the fiscal years ending September 
30, 1993, and September 30, 1994, to carry out this chapter. 
(b) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
this section remain available until expended. 
CHAPTER 305—NATIONAL AUTOMOBILE TITLE 
INFORMATION SYSTEM 
Sec 
30501. Definitions. 
30502. National Automobile Title Information System. 
30503. State participation. 
30504. Reporting requirements. 
30505. Penalties and enforcement. 
' 
§ 30501. Definitions 
In this chapter— 
(1) "automobile" has the same meaning given that term 
in section 32901(a) ofthis title. 
(2) "certificate of title" means a document issued by a 
State showing ownership of an automobile. 
(3) "insurance carrier" means an individual or entity 
engaged in the business of underwriting automobile insurance. 
(4) "junk automobile" means an automobile that— 
(A) is incapable of operating on public streets, roads, 
and highways; and 
(B) has no value except as a source of parts or scrap. 
(5) "junk yard" means an individual or entity engaged 
in the business of acquiring or owning junk automobiles for— 
(A) resale in their entirety or as spare parts; or 
(B) rebuilding, restoration, or crushing. 
(6) "operator" means the individual or entity authorized 
or designated as the operator of the National Automobile Title 
Information System under section 30502(b) of this title, or 
the Secretary of Transportation, if there is no authorized or 
designated individual or entity. 
(7) "salvage automobile" means an automobile that is dam-
aged by collision, fire, flood, accident, trespass, or other event, 
108 STAT. 980 
PUBLIC LAW 103-272—JULY 5, 1994 
to the extent that its fair salvage value plus the cost of repairing 
the automobile for legal operation on public streets, roads, 
and highways would be more than the fair market value of 
the automobile immediately before the event that caused the 
damage. 
(8) "salvage yard" means an individual or entity engaged 
in the business of acquiring or owning salvage automobiles 
for— 
(A) resale in their entirety or as spare parts; or 
(B) rebuilding, restoration, or crushing. 
(9) "State" means a State of the United States or the 
District of Columbia. 
§ 30502. National Automobile Title Information System 
(a) ESTABLISHMENT OR DESIGNATION.—(1) In cooperation with 
the States and not later than January 31, 1996, the Secretary 
of Transportation shall establish a National Automobile Title 
Information System that will provide individuals and entities 
referred to in subsection (e) of this section with instant and reliable 
access to information maintained by the States related to auto-
mobile titling described in subsection (d) of this section. However, 
if the Secretary decides that the existing information system meets 
the requirements of subsections (d) and (e) of this section and 
will permit the Secretary to carry out this chapter as early as 
possible, the Secretary, in consultation with the Attorney General, 
may designate an existing information system as the National 
Automobile Title Information System. 
(2) In cooperation with the Attorney General and the States, 
the Secretary shall ascertain the extent to which title and related 
information to be included in the system established under para-
graph (1) of this subsection will be adequate, timely, reliable, uni-
form, and capable of assisting in efforts to prevent the introduction 
or reintroduction of stolen vehicles and parts into interstate com-
merce. 
(b) OPERATION.—The Secretary may authorize the operation 
of the System established or designated under subsection (a)(1) 
of this section by agreement with one or more States, or bj designat-
ing, after consulting with the States, a third party that represents 
the interests of the States. 
(c) USER FEES.—Operation of the System established or des-
ignated under subsection (a)(1) of this section shall be paid for 
by user fees and should be self-sufficient and not be dependent 
on amounts from the United States Government. The amount of 
fees the operator collects and keeps under this subsection subject 
to annual appropriation laws, excluding fees the operator collects 
and pays to an entity providing information to the operator, may 
be not more than the costs of operating the System. 
(d) INFORMATION REQUIREMENTS.—^The System established or 
designated under subsection (a)(1) of this section shall permit a 
user of the System at least to establish instantly and reliably— 
(1) the validity and status of a document purporting to 
be a certificate of title; 
(2) whether an automobile bearing a known vehicle identi-
fication number is titled in a particular State; 
(3) whether an automobile known to be titled in a particular 
State is or has been a junk automobile or a salvage automobile; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 981 
(4) for an automobile known to be titled in a particular 
State, the odometer mileage disclosure required under section 
32705 of this title for that automobile on the date the certificate 
of title for that automobile was issued and any later mileage 
information, if noted by the State; and 
(5) whether an automobile bearing a known vehicle identi-
fication number has been reported as a junk automobile or 
a salvage automobile under section 30504 of this title. 
(e) AVAILABILITY OF INFORMATION.—(1) The operator shall make 
available— 
(A) to a participating State on request of that State, 
information in the System about any automobile; 
(B) to a Government, State, or local law enforcement official 
on request of that official, information in the System about 
a particular automobile, junk yard, or salvage yard; 
(C) to a prospective purchaser of an automobile on request 
of that purchaser, including an auction company or entity 
engaged in the business of purchasing used automobiles, 
information in the System about that automobile; and 
(D) to a prospective or current insurer of an automobile 
on request of that insurer, information in the System about 
that automobile. 
(2) The operator may release only the information reasonably 
necessary to satisfy the requirements of paragraph (1) of this sub-
section. The operator may not collect an individual's social security 
account number or permit users of the System to obtain an individ-
ual's address or social security account number. 
§ 30503. State participation 
(a) 
STATE 
INFORMATION.—Each State shall make titling 
information maintained by that State available for use in operating 
the National Automobile Title Information System established or 
designated under section 30502 of this title. 
(b) VERIFICATION CHECKS.—Each State shall establish a prac-
tice of performing an instant title verification check before issuing 
a certificate of title to an individual or entity claiming to have 
purchased an automobile from an individual or entity in another 
State. The check shall consist o
f
— 
(1) communicating to the operator— 
li! 
(A) the vehicle identification number of the automobile 
for which the certificate of title is sought; 
(B) the name of the State that issued the most recent 
certificate of title for the automobile; and 
(C) the name of the individual or entity to whom the 
certificate of title was issued; and 
(2) giving the operator an opportunity to communicate to 
the participating State the results of a search of the informa-
tion. 
(c) GRANTS TO STATES.—(1) In cooperation with the States 
and not later than January 1, 1994, the Secretary of Transportation 
shall— 
(A) conduct a review of systems used by the States to 
compile and maintain information about the titling of auto-
mobiles; and 
(B) determine for each State the cost of making titling 
information maintained by that State available to the operator 
to meet the requirements of section 30502(d) of this title. 
108 STAT. 982 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) The Secretary may make grants to participating States 
to be used in making titling information maintained by those States 
available to the operator i
f
— 
(A) the grant to a State is not more than the lesser of— 
(i) 25 percent of the cost of making titling information 
maintained by that State available to the operator as deter-
1' 
mined by the Secretary under paragraph (1)(B) of this 
subsection; or 
(ii) $300,000; and 
(B) the Secretary decides that the grants are reasonable 
and necessary to establish the System. 
(d) REPORT TO CONGRESS.—Not later than January 1, 1997, 
the Secretary shall report to Congress on which States have met 
the requirements of this section. If a State has not met the require-
ments, the Secretary shall describe the impediments that have 
resulted in the State's failure to meet the requirements. 
§ 30504. Reporting requirements 
(a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning 
at a time established by the Secretary of Transportation that is 
not sooner than the 3d month before the establishment or designa-
tion of the National Automobile Title Information System under 
section 30502 of this title, an individual or entity engaged in the 
business of operating a junk yard or salvage yard shall file a 
monthly report with the operator of the System. The report shall 
contain an inventory of all junk automobiles or salvage automobiles 
obtained by the junk yard or salvage yard during the prior month. 
The inventory shall contain— 
(A) the vehicle identification number of each automobile 
obtained; 
(B) the date on which the automobile was obtained; 
(C) the name of the individual or entity from whom the 
automobile was obtained; and 
(D) a statement of whether the automobile was crushed 
or disposed of for sale or other purposes. 
(2) Paragraph (1) of this subsection does not apply to an individ-
ual or entity— 
(A) required by State law to report the acquisition of junk 
automobiles or salvage automobiles to State or local authorities 
if those authorities make that information available to the 
operator; or 
(B) issued a verification under section 33110 of this title 
stating that the automobile or parts from the automobile are 
not reported as stolen. 
(b) INSURANCE CARRIERS.—Beginning at a time established by 
the Secretary that is not sooner than the 3d month before the 
establishment or designation of the System, an individual or entity 
engaged in business as an insurance carrier shall file a monthly 
report with the operator. The report may be filed directly or through 
a designated agent. The report shall contain an inventory of all 
automobiles of the current model year or any of the 4 prior model 
years that the carrier, during the prior month, has obtained posses-
sion of and has decided are junk automobiles or salvage automobiles. 
The inventory shall contain— 
(1) the vehicle identification number of each automobile 
obtained; 
(2) the date on which the automobile was obtained; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 983 
(3) the name of the individual or entity from whom the 
automobile was obtained; and 
(4) the name of the owner of the automobile at the time 
of the filing of the report. 
(c) PROCEDURES AND PRACTICES.—^The Secretary shall establish 
by regulation procedures and practices to facilitate reporting in 
the least burdensome and costly fashion. 
§ 30505. Penalties and enforcement 
(a) PENALTY.—^An individual or entity violating this chapter 
is liable to the United States Government for a civil penalty of 
not more than $1,000 for each violation. 
(b) 
COLLECTION AND COMPROMISE.—(1) The 
Secretary 
of 
Transportation shall impose a civil penalty under this section. The 
Attorney General shall bring a civil action to collect the penalty. 
The Secretary may compromise the amount of the penalty. In 
determining the amount of the penalty or compromise, the Secretary 
shall consider the appropriateness of the penalty to the size of 
the business of the individual or entity charged and the gravity 
of the violation. 
(2) The Government may deduct the amount of a civil penalty 
imposed or compromised under this section from amounts it owes 
the individual or entity liable for the penalty. 
PART B—COMMERCIAL 
CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY 
SUBCHAPTER I—STATE GRANTS 
Sec 
31101. 
Definitions. 
31102. Grants to States. 
31103. United States Government's share of costs. 
31104. Availability of amounts. 
-
31105. Employee protections. 
31106. Commercial motor vehicle information system program. 
31107. Truck and bus accident grant program. 
31108. Authorization of appropriations. 
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS 
31111. Length limitations. 
31112. Property-carrying unit limitation. 
31113. Width limitations. 
31114. Access to the Interstate System. 
31115. 
Enforcement. 
SUBCHAPTER III—SAFETY REGULATION 
31131. Purposes and findings. 
31132. 
Definitions. 
31133. General powers of the Secretary of Transportation. 
31134. Commercial Motor Vehicle Safety Regulatory Review Panel. 
31135. Duties of employers and employees. 
31136. United States Government regulations. 
31137. Monitoring device and brake maintenance regulations. 
31138. Minimum financial responsibility for transporting passengers. 
31139. Minimum financial responsibility for transporting property. 
31140. Submission of State laws and regulations ror review. 
31141. Review and preemption of State laws and regulations. 
31142. Inspection 01 vehicles. 
31143. Investigating complaints and protecting complainants. 
31144. Safety fitness of owners and operators. 
31145. Coordination of Governmental activities and paperwork. 
* 
31146. Relationship to other laws. 
31147. Limitations on authority. 
108 STAT. 984 
PUBLIC LAW 103-272—JULY 5, 1994 
SUBCHAPTER IV—MISCELLANEOUS 
31161. Procedures to ensure timely correction of safety violations. 
31162. Compliance review priority. 
SUBCHAPTER I—STATE GRANTS 
§31101. Definitions 
In this subchapter— 
(1) "commercial motor vehicle" means (except in section 
31106) a self-propelled or towed vehicle used on the highways 
in commerce principally to transport passengers or cargo, if 
the vehicle— 
(A) has a gross vehicle weight rating of at least 10,000 
pounds; 
(B) is designed to transport more than 10 passengers 
including the driver; or 
(C) is used in transporting material found by the Sec-
retary of Transportation to be hazardous under section 
5103 of this title. 
(2) "employee" means a driver of a commercial motor 
vehicle (including an independent contractor when personally 
operating a commercial motor vehicle), a mechanic, a freight 
handler, or an individual not an employer, who— 
(A) directly affects commercial motor vehicle safety 
in the course of employment by a commercial motor carrier; 
and 
(B) is not an employee of the United States Govern-
ment, a State, or a political subdivision of a State acting 
in the course of employment. 
(3) "employer"— 
(A) means a person engaged in a business affecting 
commerce that owns or leases a commercial motor vehicle 
in connection with that business, or assigns an employee 
to operate the vehicle in commerce; but 
(B) does not include the Government, a State, or a 
political subdivision of a State. 
(4) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands. 
§31102. Grants to States 
(a) GENERAL AUTHORITY.—Subject to this section and the avail-
ability of amounts, the Secretary of Transportation may make 
grants to States for the development or implementation of programs 
for the enforcement of regulations, standards, and orders of the 
United States Government on commercial motor vehicle safety and 
compatible State regulations, standards, and orders. 
(b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary 
shall prescribe procedures for a State to submit a plan under 
which the State agrees to adopt and assume responsibility for 
enforcing regulations, standards, and orders of the Government 
on commercial motor vehicle safety or compatible State regulations, 
standards, and orders. The Secretary shall approve the plan if 
the Secretary decides the plan is adequate to promote the objectives 
of this section and the plan— 
(A) designates the State motor vehicle safety agency respon-
sible for administering the plan throughout the State; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 985 
(B) contains satisfactory assurances the agency has or will 
have the legal authority, resources, and qualified personnel 
necessary to enforce the regulations, standards, and orders; 
(C) contains satisfactory assurances the State will devote 
adequate amounts to the administration of the plan and 
enforcement of the regulations, standards, and orders; 
(D) provides that the total expenditure of amounts of the 
State and its political subdivisions (not including amounts of 
the Grovernment) for commercial motor vehicle safety programs 
for enforcement of commercial motor vehicle size and weight 
limitations, drug interdiction, and State traffic safety laws and 
regulations under subsection (c) of this section will be main-
tained at a level at least equal to the average level of that 
expenditure for its last 3 full fiscal years before December 
18, 1991; 
(E) provides a right of entry and inspection to carry out 
the plan; 
(F) provides that all reports required under this section 
be submitted to the agency and that the agency will make 
the reports available to the Secretary on request; 
(G) provides that the agency will adopt the reporting 
requirements and use the forms for recordkeeping, inspections, 
and investigations the Secretary prescribes; 
(H) requires registrants of commercial motor vehicles to 
make a declaration of knowledge of applicable safety regula-
tions, standards, and orders of the Government and the State; 
(I) provides that the State will grant maximum reciprocity 
for inspections conducted under the North American Inspection 
Standard through the use of a nationally accepted system that 
allows ready identification of previously inspected commercial 
motor vehicles; 
(J) ensures that activities described in subsection (c) of 
this section, if financed with grants under subsection (a) of 
this section, will not diminish the effectiveness of the develop-
ment and implementation of commercial motor vehicle safety 
programs described in subsection (a); 
(K) ensures that fines imposed and collected by the State 
for violations of commercial motor vehicle safety regulations 
will be reasonable and appropriate and that, to the maximum 
extent practicable, the State will attempt to implement the 
recommended fine schedule published by the Commercial 
Vehicle Safety Alliance; 
(L) ensures that the State agency will coordinate the plan 
prepared under this section with the State highway safety 
plan under section 402 of title 23; 
(M) ensures participation by the 48 contiguous States in 
SAFETYNET not later than January 1, 1994; 
(N) provides satisfactory assurances that the State will 
undertake efforts that will emphasize and improve enforcement 
of State and local traffic safety laws and regulations related 
to commercial motor vehicle safety; 
(O) provides satisfactory assurances that the State will 
promote activities— 
(i) to remove impaired commercial motor vehicle driv-
ers from the highways of the United States through ade-
quate enforcement of regulations on the use of alcohol 
108 STAT. 986 
PUBLIC LAW 103-272—JULY 5, 1994 
and controlled substances and by ensuring ready roadside 
access to alcohol detection and measuring equipment; 
(ii) to provide an appropriate level of training to State 
motor carrier safety assistance program officers 
and 
employees on recognizing drivers impaired by alcohol or 
controlled substances; 
(iii) to promote enforcement of the requirements related 
to the licensing of commercial motor vehicle drivers, includ-
ing checking the status of commercial drivers' licenses; 
and 
(iv) to improve enforcement of hazardous material 
transportation regulations by encouraging more inspections 
of shipper facilities affecting highway transportation and 
more comprehensive inspection of the loads of commercial 
motor vehicles transporting hazardous material; and 
(P) provides satisfactory assurances that the State will 
promote effective— 
(i) interdiction activities affecting the transportation 
of controlled substances by commercial motor vehicle driv-
ers and training on appropriate strategies for carrying 
out those interdiction activities; and 
(ii) use of trained and qualified officers and employees 
of political subdivisions and local governments, under the 
supervision and direction of the State motor vehicle safety 
agency, in the enforcement of regulations affecting commer-
cial motor vehicle safety and hazardous material transpor-
tation safety. 
(2) If the Secretary disapproves a plan under this subsection, 
the Secretary shall give the State a written explanation and allow 
the State to modify and resubmit the plan for approval. 
(3) In estimating the average level of State expenditure under 
paragraph (1)(D) of this subsection, the Secretary— 
(A) may allow the State to exclude State expenditures 
for Government-sponsored demonstration or pilot programs; 
and 
(B) shall require the State to exclude Government amounts 
and State matching amounts used to receive Government 
financing under subsection (a) of this section. 
(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—^A State may 
use amounts received under a grant under subsection (a) of this 
section for the following activities if the activities are carried out 
in conjunction with an appropriate inspection of the commercial 
motor vehicle to enforce Government or State commercial motor 
vehicle safety regulations: 
(1) enforcement of commercial motor vehicle size and 
weight limitations at locations other than fixed weight facilities, 
at specific locations such as steep grades or mountainous ter-
rains where the weight of a commercial motor vehicle can 
significantly affect the safe operation of the vehicle, or at ports 
where intermodal shipping containers enter and leave the 
United States. 
(2) detection of the unlawful presence of a controlled sub-
stance (as defined under section 102 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
802)) in a commercial motor vehicle or on the person of any 
occupant (including the operator) of the vehicle. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 987 
(3) enforcement of State traffic laws and regulations 
designed to promote the safe operation of commercial motor 
vehicles. 
(d) CONTINUOUS EVALUATION OF PLANS.—On the basis of 
reports submitted by a State motor vehicle safety agency of a 
State with a plan approved under this section and the Secretary's 
own investigations, the Secretary shall make a continuing evalua-
tion of the way the State is carrying out the plan. If the Secretary 
finds, after notice and opportunity for comment, the State plan 
previously approved is not being followed or has become inadequate 
to ensure enforcement of the regulations, standards, or orders, 
the Secretary shall withdraw approval of the plan and notify the 
State. The plan stops being effective when the notice is received. 
A State adversely affected by the withdrawal may seek judicial 
review under chapter 7 of title 5. Notwithstanding the withdrawal, 
the State may retain jurisdiction in administrative or judicial 
proceedings begun before the withdrawal if the issues involved 
are not related directly to the reasons for the withdrawal. 
§ 31103. United States Government's share of costs 
The Secretary of Transportation shall reimburse a State, from 
a grant made under this subchapter, an amount that is not more 
than 80 percent of the costs incurred by the State in a fiscal 
year in developing and implementing programs to enforce commer-
cial motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In determining 
those costs, the Secretary shall include in-kind contributions by 
the State. Amounts of the State and its political subdivisions 
required to be expended under section 31102(b)(1)(D) of this title 
may not be included as part of the share not provided by the 
United States Government. The Secretary may allocate among the 
States whose applications for grants have been approved those 
amounts appropriated for grants to support those programs, under 
criteria that may be established. 
§ 31104. Availability of amounts 
(a) GENERAL.—Subject to section 9503(c)(1) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts 
are available from the Highway Trust Fund (except the Mass Tran-
sit Account) for the Secretary of Transportation to incur obligations 
to carry out section 31102 of this title: 
(1) not more than $76,000,000 for the fiscal year ending 
September 30, 1993. 
(2) not more than $80,000,000 for the fiscal year ending 
September 30, 1994. 
(3) not more than $83,000,000 for the fiscal year ending 
September 30, 1995. 
(4) not more than $85,000,000 for the fiscal year ending 
September 30, 1996. 
(5) not more than $90,000,000 for the fiscal year ending 
September 30, 1997. 
(b) 
AVAILABILITY 
AND 
REALLOCATION 
OF 
AMOUNTS.—(1) 
Amounts made available under subsection (a) of this section remain 
available until expended. Allocations to a State remain available 
for expenditure in the State for the fiscal year in which they 
are allocated and for the next fiscal year. Amounts not expended 
108 STAT. 988 
PUBLIC LAW 103-272—JULY 5, 1994 
by a State during those 2 fiscal years are released to the Secretary 
for reallocation. 
(2) Amounts made available under section 404(a)(2) of the 
Surface Transportation Assistance Act of 1982 before October 1, 
1991, that are not obligated on October 1, 1992, are available 
for reallocation and obligation under paragraph (1) of this sub-
section. 
(c) REIMBURSEMENT FOR GOVERNMENT'S SHARE OF COSTS.— 
Amounts made available under subsection (a) of this section shall 
be used to reimburse States proportionately for the United States 
Government's share of costs incurred. 
(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by 
the 
Secretary of a grant to a State under section 31102 of this title 
is a contractual obligation of the Government for payment of the 
Government's share of costs incurred by the State in developing, 
implementing, or developing and implementing programs to enforce 
commercial motor vehicle regulations, standards, and orders. 
(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 
1 of each fiscal year or as soon after that date as practicable, 
the Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more than 
1.25 percent of those amounts for administrative expenses incurred 
in carrying out section 31102 of this title in that fiscal year. The 
Secretary shall use at least 75 percent of those deducted amounts 
to train non-Government employees and to develop related training 
materials in carrying out section 31102. 
if) ALLOCATION CRITERIA.—On October 1 of each fiscal year 
or as soon after that date as practicable, the Secretary, after making 
the deduction described in subsection (e) of this section, shall allo-
cate under criteria the Secretary establishes the amounts available 
for that fiscal year among the States with plans approved under 
section 31102 of this title. However, the Secretary may designate 
specific eligible States among which to allocate those amounts in 
allocating amounts available— 
(1) for research, development, and demonstration under 
subsection (g)(1)(F) of this section; and 
(2) for public education under subsection (g)(1)(G) of this 
section. 
(g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available 
under subsection (a) of this section— 
(A) for each fiscal year beginning after September 30, 1992, 
the Secretary shall obligate at least $1,500,000 to make grants 
to States for training inspectors to enforce regulations pre-
scribed by the Secretary related to the transportation of hazard-
ous material by commercial motor vehicles; 
(B) for each of the fiscal years ending September 30, 1993-
1997, the Secretary may obligate not more than $2,000,000 
to carry out section 31106 of this title; 
(C) for each of the fiscal years ending September 30, 1993-
1997, the Secretary may obligate not more than $2,000,000 
to carry out section 31107 of this title; 
(D) for each of the fiscal years ending September 30, 1993-
1995, the Secretary shall obligate at least $4,250,000, and 
for each of the fiscal years ending September 30, 1996, and 
1997, the Secretary shall obligate at least $5,000,000, for traffic 
enforcement activities related to commercial motor vehicle driv-
ers that are carried out in conjunction with an appropriate 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 989 
inspection of a commercial motor vehicle for compliance with 
Government or State commercial motor vehicle safety regula-
tions; 
(E) for each of the fiscal years ending September 30, 1993-
1995, the Secretary shall obligate at least $1,000,000 to increase 
enforcement of the licensing requirements of chapter 313 of 
this title by motor carrier safety assistance program officers 
and employees, including the cost of purchasing equipment 
for, and conducting, inspections to check the current status 
of licenses issued under chapter 313; 
(F) for each fiscal year, the Secretary shall obligate at 
least $500,000 for research, development, and demonstration 
of technologies, methodologies, analyses, or information systems 
designed to carry out section 31102 of this title and that are 
beneficial to all jurisdictions; and 
(G) for each fiscal year, the Secretary shall obligate at 
least $350,000 to educate the motoring public on how to share 
the road safely with commercial motor vehicles. 
(2) The Secretary shall announce publicly amounts obligated 
under paragraph (1)(F) of this subsection and award those amounts 
competitively, when practicable, to any eligible State for up to 
100 percent of the State costs or to other persons as the Secretary 
decides. 
(3) In carrying out educational activities referred to in para-
graph (1)(G) of this subsection, the Secretary shall consult with 
appropriate industry representatives. 
(h) PAYMENT TO STATES FOR COSTS.—Each State shall submit 
vouchers for costs the State incurs under this section and section 
31102 of this title. The Secretary shall pay the State an amount 
not more than the Government share of costs incurred as of the 
date of the vouchers. 
(i) IMPROVED ALLOCATION FORMULA.—The Secretary shall pre-
scribe regulations to develop an improved formula and process 
for allocating amounts made available for grants under section 
31102(a) of this title among States eligible for those amounts. 
In prescribing those regulations, the Secretary shall— 
(1) consider ways to provide incentives to States that dem-
onstrate innovative, successful, cost-efficient, or cost-effective 
programs to promote commercial motor vehicle safety and 
hazardous material transportation safety; 
(2) place special emphasis on incentives to States that 
conduct traffic safety enforcement activities that are coupled 
with motor carrier safety inspections; and 
(3) consider ways to provide incentives to States that 
increase compatibility of State commercial motor vehicle safety 
and 
hazardous 
material 
transportation 
regulations 
with 
Government safety regulations and promote other factors 
intended to promote effectiveness and efficiency the Secretary 
decides are appropriate. 
(j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for ensur-
ing compatibility of intrastate commercial motor vehicle safety laws 
and regulations with Government motor carrier safety regulations 
to be enforced under section 31102(a) of this title. To the extent 
practicable, the guidelines and standards shall allow for maximum 
flexibility while ensuring the degree of uniformity that will not 
diminish transportation safety. In reviewing State plans and allocat-
Regulations. 
Regulations. 
108 STAT. 990 
PUBLIC LAW 103-272—JULY 5, 1994 
ing amounts or making grants under section 153 of title 23, the 
Secretary shall ensure that the guidelines and standards are applied 
uniformly. 
§31105. Employee protections 
(a) 
PROHIBITIONS.—(1) A person may not discharge 
an 
employee, or discipline or discriminate against an employee regard-
ing pay, terms, or privileges of employment, because— 
(A) the employee, or another person at the employee's 
request, has filed a complaint or begun a proceeding related 
to a violation of a commercial motor vehicle safety regulation, 
standard, or order, or has testified or will testify in such a 
proceeding; or 
(B) the employee refuses to operate a vehicle because— 
(i) the operation violates a regulation, standard, or 
order of the United States related to commercial motor 
vehicle safety or health; or 
•« 
(ii) the employee has a reasonable apprehension of 
serious injury to the employee or the public because of 
the vehicle's unsafe condition. 
(2) Under paragraph (l)(B)(ii) of this subsection, an employee's 
apprehension of serious injury is reasonable only if a reasonable 
individual in the circumstances then confronting the employee 
would conclude that the unsafe condition establishes a real danger 
of accident, injury, or serious impairment to health. To qualify 
for protection, the employee must have sought from the employer, 
and been unable to obtain, correction of the unsafe condition. 
(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee 
alleging discharge, discipline, or discrimination in violation of sub-
section (a) of this section, or another person at the employee's 
request, may file a complaint with the Secretary of Labor not 
later than 180 days after the alleged violation occurred. On receiving 
the complaint, the Secretary shall notify the person alleged to 
have committed the violation of the filing of the complaint. 
(2)(A) Not later than 60 days after receiving a complaint, the 
Secretary shall conduct an investigation, decide whether it is 
reasonable to believe the complaint has merit, and notify the 
complainant and the person alleged to have committed the violation 
of the findings. If the Secretary decides it is reasonable to believe 
a violation occurred, the Secretary shall include with the decision 
findings and a preliminary order for the relief provided under 
paragraph (3) of this subsection. 
(B) Not later than 30 days after the notice under subparagraph 
(A) of this paragraph, the complainant and the person alleged 
to have committed the violation may file objections to the findings 
or preliminary order, or both, and request a hearing on the record. 
The filing of objections does not stay a reinstatement ordered in 
the preliminary order. If a hearing is not requested within the 
30 days, the preliminary order is final and not subject to judicial 
review. 
(C) A hearing shall be conducted expeditiously. Not later than 
120 days after the end of the hearing, the Secretary shall issue 
a final order. Before the final order is issued, the proceeding may 
be ended by a settlement agreement made by the Secretary, the 
complainant, and the person alleged to have committed the 
violation. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 991 
(3)(A) If the Secretary decides, on the basis of a complaint, 
a person violated subsection (a) of this section, the Secretary shall 
order the person to— 
(i) take affirmative action to abate the violation; 
(ii) reinstate the complainant to the former position with 
the same pay and terms and privileges of employment; and 
(iii) pay compensatory damages, including back pay. 
(B) If the Secretary issues an order under subparagraph (A) 
of this paragraph and the complainant requests, the Secretary 
may assess against the person against whom the order is issued 
the costs (including attorney's fees) reasonably incurred by the 
complainant in bringing the complaint. The Secretary shall deter-
mine the costs that reasonably were incurred. 
(c) JUDICIAL REVIEW AND VENUE.—A person adversely affected 
by an order issued after a hearing under subsection (b) of this 
section may file a petition for review, not later than 60 days 
after the order is issued, in the court of appeals of the United 
States for the circuit in which the violation occurred or the person 
resided on the date of the violation. The review shall be heard 
and decided expeditiously. An order of the Secretary subject to 
review under this subsection is not subject to judicial review in 
a criminal or other civil proceeding. 
(d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply 
with an order issued under subsection (b) of this section, the Sec-
retary shall bring a civil action to enforce the order in the district 
court of the United States for the judicial district in which the 
violation occurred. 
§31106. Commercial motor vehicle information system pro-
gram 
(a) DEFINITION.—In this section, "commercial motor vehicle" 
means a self-propelled or towed vehicle used on highways in intra-
state or interstate commerce to transport passengers or property, 
if the vehicle— 
(1) has a gross vehicle weight rating of at least 10,001 
pounds; 
(2) is designed to transport more than 15 passengers, 
including the driver; or 
(3) is used in transporting material found by the Secretary 
of Transportation to be hazardous under section 5103 of this 
title and that material is transported in a quantity requiring 
placarding under regulations the Secretary prescribes under 
section 5103. 
(b) INFORMATION SYSTEM.—(1) In cooperation with the States, 
the Secretary may establish as part of the motor carrier safety 
information network system of the Department of Transportation 
and similar State systems, an information system to serve as a 
clearinghouse and depository of information related to State reg-
istration and licensing of commercial motor vehicles and the safety 
fitness of the commercial motor vehicle registrants. The Secretary 
shall include in the system information on the safety fitness of 
each of the registrants and other information the Secretary consid-
ers appropriate, including information on vehicle inspections and 
out-of-service orders. 
(2) The operation of the information system established under 
paragraph (1) of this subsection shall be paid for by a schedule 
of user fees. The Secretary may authorize the operation of the 
108 STAT. 992 
PUBLIC LAW 103-272—JULY 5, 1994 
information system by contract, through an agreement with one 
or more States, or by designating, after consulting with the States, 
a third party that represents the interests of the States. 
(3) The Secretary shall prescribe standards to ensure— 
(A) uniform information collection and reporting by the 
States necessary to carry out this section; and 
(B) the availability and reliability of the information to 
the States and the Secretary from the information system. 
(c) DEMONSTRATION PROJECT.—The Secretary shall make grants 
to States to carry out a project to demonstrate ways of establishing 
an information system that will link the motor carrier safety 
information network system of the Department and similar State 
systems with the motor vehicle registration and licensing systems 
of the States. The project shall be designed— 
(1) to allow a State when issuing license plates for a 
commercial motor vehicle to establish through use of the 
information system the safety fitness of the person seeking 
to register the vehicle; and 
(2) to decide on types of sanctions that may be imposed 
on the registrant, or the types of conditions or limitations 
that may be imposed on the operations of the registrant, to 
ensure the safety fitness of the registrant. 
(d) REVIEW OF STATE SYSTEMS.—Not later than December 18, 
1992, the Secretary, in cooperation with the States, shall review 
State motor vehicle registration systems related to license tags 
for commercial motor vehicles to decide whether those systems 
can be used in carrying out this section. 
(e) REGULATIONS.—The Secretary shall prescribe regulations 
to carry out this section. 
(f) REPORT TO CONGRESS.—Not later than January 1, 1995, 
the Secretary shall submit a report to Congress on the cost, benefits, 
and feasibility of the information system established under sub-
section (b) of this section. If the Secretary decides that the system 
would be beneficial on a nationwide basis, the Secretary shall 
include in the report recommendations on legislation to implement 
a nationwide system. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^Amounts necessary 
to carry out this section may be made available to the Secretary 
under section 31104(g)(1)(B) of this title. 
§ 31107. Truck and bus accident grant program 
. (a) STATE GRANTS.—The Secretary of Transportation shall make 
grants to States that agree to adopt or have adopted the rec-
ommendations of the National Governors' Association related to 
police accident reports for truck and bus accidents. The Secretary 
may make a grant under this section only to assist a State in 
carrying out those recommendations, including— 
(1) assisting the State in designing appropriate forms; 
(2) drafting instruction manuals; 
(3) training appropriate State and local officers on matters, 
including training on accident investigation techniques to 
decide on the probable cause of truck and bus accidents; 
(4) analyzing and evaluating safety information to develop 
recommended changes to existing safety programs necessary 
to address more effectively the causes of truck and bus 
accidents; and 
PUBLIC LAW 103-272-JULY 5, 1994 
108 STAT. 993 
(5) other activities the Secretary decides are appropriate 
to carry out this section. 
(b) 
COORDINATION WITH OTHER PROGRAMS.—The Secretary 
shall coordinate grants made under this section with highway safety 
programs under section 402 of title 23. The Secretary may require 
that the information from police reports for truck and bus accidents 
be included in reports made to the Secretary under the uniform 
information collection and reporting program under section 402. 
(c) AUTHORIZATION OF APPROPRIATIONS.—^Amounts necessary 
to carry out this section may be made available to the Secretary 
under section 31104(g)(1)(C) of this title. 
§ 31108. Authorization of appropriations 
Not more than $ 
may be appropriated to the Sec-
retary of Transportation for the fiscal year ending September 30, 
19—, to carry out the safety duties and powers of the Federal 
Highway Administration. 
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS 
§ 31111. Length limitations 
(a) DEFINITIONS.—In this section— 
(1) "maxi-cube vehicle" means a truck tractor combined 
with a semitrailer and a separable property-carrying unit 
designed to be loaded and unloaded through the semitrailer, 
with the length of the separable property-carrying unit being 
not more than 34 feet and the length of the vehicle combination 
being not more than 65 feet. 
(2) "truck tractor" means— 
(A) a non-property-carrying power unit that operates 
in combination with a semitrailer or trailer; or 
(B) a power unit that carries as property only motor 
vehicles when operating in combination with a semitrailer 
in transporting motor vehicles. 
(b) GENERAL LIMITATIONS.—(1) Except as provided in this sec-
tion, a State may not prescribe or enforce a regulation of commerce 
that— 
(A) imposes a vehicle length limitation of less than 45 
feet on a bus, of less than 48 feet on a semitrailer operating 
in a truck tractor-semitrailer combination, or of less than 28 
feet on a semitrailer or trailer operating in a truck tractor-
semitrailer-trailer combination, on any segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways 
(except a segment exempted under subsection (f) of this section) 
and those classes of qualifying Federal-aid Primary System 
highways designated by the Secretary of Transportation under 
subsection (e) of this section; 
(B) imposes an overall length limitation on a commercial 
motor vehicle operating in a truck tractor-semitrailer or truck 
tractor-semitrailer-trailer combination; 
(C) has the effect of prohibiting the use of a semitrailer 
or trailer of the same dimensions as those that were in actual 
and lawful use in that State on December 1, 1982; or 
(D) has the effect of prohibiting the use of an existing 
semitrailer or trailer, of not more than 28.5 feet in length, 
in 
a truck 
tractor-semitrailer-trailer 
combination 
if 
the 
108 STAT. 994 
PUBLIC LAW 103-272—JULY 5, 1994 
semitrailer or trailer was operating lawfully on December 1, 
1982, within a 65-foot overall length limit in any State. 
(2) A length limitation prescribed or enforced by a State under 
paragraph (1)(A) of this subsection applies only to a semitrailer 
or trailer and not to a truck tractor. 
(c) MAXI-CUBE AND VEHICLE COMBINATION LIMITATIONS.^A 
State may not prohibit a maxi-cube vehicle or a commercial motor 
vehicle combination consisting of a truck tractor and 2 trailing 
units on any segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways (except a segment exempted 
under subsection (f) of this section) and those classes of qualifying 
Federal-aid Primary System highways designated by the Secretary 
under subsection (e) of this section. 
(d) 
EXCLUSION 
OF 
SAFETY 
AND 
ENERGY 
CONSERVATION 
DEVICES.—Length calculated under this section does not include 
a safety or energy conservation device the Secretary decides is 
necessary for safe and efficient operation of a commercial motor 
vehicle. However, such a device may not have by its design or 
use the ability to carry cargo. 
(e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall 
designate as qualifying Federal-aid Primary System highways those 
highways of the Federal-aid Primary System in existence on June 
1, 1991, that can accommodate safely the applicable vehicle lengths 
provided in this section. 
(f) EXEMPTIONS.—(1) If the chief executive officer of a State, 
after consulting under paragraph (2) of this subsection, decides 
a segment of the Dwight D. Eisenhower System of Interstate and 
Defense Highways is not capable of safely accommodating a 
commercial motor vehicle having a length described in subsection 
(b)(1)(A) of this section or the motor vehicle combination described 
in subsection (c) of this section, the chief executive officer may 
notify the Secretary of that decision and request the Secretary 
to exempt that segment from either or both provisions. 
(2) Before making a decision under paragraph (1) of this sub-
section, the chief executive officer shall consult with units of local 
government in the State in which the segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways is 
located and with the chief executive officer of any adjacent State 
that may be directly affected by the exemption. As part of the 
consultations, consideration shall be given to any potential alter-
native route that serves the area in which the segment is located 
and can safely accommodate a commercial motor vehicle having 
a length described in subsection (b)(1)(A) of this section or the 
motor vehicle combination described in subsection (c) of this section. 
(3) A chief executive officer's notification under this subsection 
must include specific evidence of safety problems supporting the 
officer's decision and the results of consultations about alternative 
routes. 
(4)(A) If the Secretary decides, on request of a chief executive 
officer or on the Secretary's own initiative, a segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways is not 
capable of safely accommodating a commercial motor vehicle having 
a length described in subsection (b)(1)(A) of this section or the 
motor vehicle combination described in subsection (c) of this section, 
the Secretary shall exempt the segment from either or both of 
those provisions. Before making a decision under this paragraph. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 995 
the Secretary shall consider any possible alternative route that 
serves the area in which the segment is located. 
(B) The Secretary shall make a decision about a specific seg-
ment not later than 120 days after the date of receipt of notification 
from a chief executive officer under paragraph (1) of this subsection 
or the date on which the Secretary initiates action under subpara-
graph (A) of this paragraph, whichever is applicable. If the Secretary 
finds the decision will not be made in time, the Secretary imme-
diately shall notify Congress, giving the reasons for the delay, 
information about the resources assigned, and the projected date 
for the decision. 
(C) Before making a decision, the Secretary shall give an 
interested person notice and an opportunity for comment. If the 
Secretary exempts a segment under this subsection before the final 
regulations under subsection (e) of this section are prescribed, the 
Secretary shall include the exemption as part of the final regula-
tions. If the Secretary exempts the segment after the final regula- Publication, 
tions are prescribed, the Secretary shall publish the exemption 
as an amendment to the final regulations. 
(g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing 
regulations to carry out this section, the Secretary may make deci-
sions necessary to accommodate specialized equipment, including 
automobile and vessel transporters and maxi-cube vehicles. 
§31112. Property-carrying unit limitation 
(a) DEFINITIONS.—In this section— 
(1) "property-carrying unit" means any part of a commercial 
motor vehicle combination (except the truck tractor) used to 
carry property, including a trailer, a semitrailer, or the prop-
erty-carrying section of a single unit truck. 
(2) the length of the property-carrying units of a commercial 
motor vehicle combination is the length measured from the 
front of the first property-carrying unit to the rear of the 
last property-carrying unit. 
(b) GENERAL LIMITATIONS.—^A State may not allow by any 
means the operation, on any segment of the Dwight D. Eisenhower 
System of Interstate and Defense Highways and those classes of 
qualifying Federal-aid Primary System highways designated by the 
Secretary of Transportation under section 31111(e) of this title, 
of any commercial motor vehicle combination (except a vehicle or 
load that cannot be dismantled easily or divided easily and that 
has been issued a special permit under applicable State law) with 
more than one property-carrying unit (not including the truck trac-
tor) whose property-carrying units are more than— 
(1) the maximum combination trailer, semitrailer, or other 
type of length limitation allowed by law or regulation of that 
State before June 2, 1991; or 
(2) the length of the property-carrying units of those 
commercial motor vehicle combinations, by specific configura-
tion, in actual, lawful operation on a regular or periodic basis 
(including continuing seasonal operation) in that State before 
June 2, 1991. 
(c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addi-
tion to the vehicles allowed under subsection (b) of this section— 
(1) Wyoming may allow the operation of additional vehicle 
configurations not in actual operation on June 1, 1991, but 
authorized by State law not later than November 3, 1992, 
108 STAT. 996 
PUBLIC LAW 103-272—JULY 5, 1994 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
; if the vehicle configurations comply with the single axle, tandem 
axle, and bridge formula limits in section 127(a) of title 23 
and are not more than 117,000 pounds gross vehicle weight; 
(2) Ohio may allow the operation of commercial motor 
vehicle combinations with 3 property-carrying units of 28.5 
feet each (not including the truck tractor) not in actual oper-
ation on June 1, 1991, to be operated in Ohio on the 1-mile 
segment of Ohio State Route 7 that begins at and is south 
of exit 16 of the Ohio Turnpike; and 
i. 
(3) Alaska may allow the operation of commercial motor 
vehicle combinations that were not in actual operation on June 
1, 1991, but were in actual operation before July 6, 1991. 
(d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle 
combination whose operation in a State is not prohibited under 
subsections (b) and (c) of this section may continue to operate 
in the State on highways described in subsection (b) only if at 
least in compliance with all State laws, regulations, limitations, 
and conditions, including routing-specific and configuration-specific 
designations and all other restrictions in force in the State on 
June 1, 1991. However, subject to regulations prescribed by the 
Secretary under subsection (g)(2) of this section, the State may 
make minor adjustments of a temporary and emergency nature 
to route designations and vehicle operating restrictions in effect 
on June 1, 1991, for specific safety purposes and road construction. 
(2) This section does not prevent a State from further restricting 
in any way or prohibiting the operation of any commercial motor 
vehicle combination subject to this section, except that a restriction 
or prohibition shall be consistent with this section and sections 
31113(a) and (b) and 31114 of this title. 
(3) A State making a minor adjustment of a temporary and 
emergency nature as authorized by paragraph (1) of this subsection 
or further restricting or prohibiting the operation of a commercial 
motor vehicle combination as authorized by paragraph (2) of this 
subsection shall advise the Secretary not later than 30 days after 
the action. The Secretary shall publish a notice of the action in 
the Federal Register. 
(e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than 
February 16, 1992, each State shall submit to the Secretary for 
publication a complete list of State length limitations applicable 
to commercial motor vehicle combinations operating in the State 
on the highways described in subsection (b) of this section. The 
list shall indicate the applicable State laws and regulations associ-
ated with the length limitations. If a State does not submit the 
information as required, the Secretary shall complete and file the 
information for the State. 
(2) Not later than March 17, 1992, the Secretary shall publish 
an interim list in the Federal Register consisting of all information 
submitted under paragraph (1) of this subsection. The Secretary 
shall review for accuracy all information submitted by a State 
under paragraph (1) and shall solicit and consider public comment 
on the accuracy of the information. 
(3) A law or regulation may not be included on the list submit-
ted by a State or published by the Secretary merely because it 
authorized, or could have authorized, by permit or otherwise, the 
operation of commercial motor vehicle combinations not in actual 
operation on a regular or periodic basis before June 2, 1991. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 997 
(4) Except as revised under this paragraph or paragraph (5) 
of this subsection, the hst shall be published as final in the Federal 
Register not later than June 15, 1992. In publishing the final 
list, the Secretary shall make any revisions necessary to correct 
inaccuracies identified under paragraph (2) of this subsection. After 
publication of the final list, commercial motor vehicle combinations 
prohibited under subsection (b) of this section may not operate 
on the Dwight D. Eisenhower System of Interstate and Defense 
Highways and other Federal-aid Primary System highways des-
ignated by the Secretary except as published on the list. The list 
may be combined by the Secretary with the list required under 
section 127(d) of title 23. 
(5) On the Secretary's own motion or on request by any person 
(including a State), the Secretary shall review the list published 
under paragraph (4) of this subsection. If the Secretary decides 
there is reason to believe a mistake was made in the accuracy 
of the list, the Secretary shall begin a proceeding to decide whether 
a mistake was made. If the Secretary decides there was a mistake, 
the Secretary shall publish the correction. 
(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section 
may not be construed— 
(1) to allow the operation on any segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways 
of a longer combination vehicle prohibited under section 127(d) 
of title 23; 
(2) to affect in any way the operation of a commercial 
motor vehicle having only one property-carrying unit; or 
(3) to affect in any way the operation in a State of a 
commercial motor vehicle with more than one property-carrying 
unit if the vehicle was in actual operation on a regular or 
periodic basis (including seasonal operation) in that State before 
June 2, 1991, that was authorized under State law or regulation 
or lawful State permit. 
(g) REGULATIONS.—(1) In carrying out this section only, the 
Secretary shall define by regulation loads that cannot be dismantled 
easily or divided easily. 
(2) Not later than June 15, 1992, the Secretary shall prescribe 
regulations establishing criteria for a State to follow in making 
minor adjustments under subsection (d) of this section. 
§31113. Width limitations 
(a) GENERAL LIMITATIONS.—(1) Except as provided in subsection 
(e) of this section, a State (except Hawaii) may not prescribe or 
enforce a regulation of commerce that imposes a vehicle width 
limitation of more or less than 102 inches on a commercial motor 
vehicle operating on— 
(A) a segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways (except a segment exempted 
under subsection (e) of this section); 
(B) a qualifying Federal-aid highway designated by the 
Secretary of Transportation, with traffic lanes designed to be 
at least 12 feet wide; or 
(C) a qualifying Federal-aid Primary System highway des-
ignated by the Secretary if the Secretary decides the designa-
tion is consistent with highway safety. 
(2) Notwithstanding paragraph (1) of this subsection, a State 
may continue to enforce a regulation of commerce in effect on 
Federal 
Register, 
publication. 
Publication. 
108 STAT. 998 
PUBLIC LAW 103-272—JULY 5, 1994 
April 6, 1983, that applies to a commercial motor vehicle of more 
than 102 inches in width, until the date on which the State pre-
scribes a regulation of commerce that complies with this subsection. 
(3) A Federal-aid highway (except an interstate highway) not 
designated under this subsection on June 5, 1984, may be des-
ignated under this subsection only with the agreement of the chief 
executive officer of the State in which the highway is located. 
(b) 
EXCLUSION 
OF 
SAFETY 
AND 
ENERGY 
CONSERVATION 
DEVICES.—^Width calculated under this section does not include 
a safety or energy conservation device the Secretary decides is 
necessary for safe and efficient operation of a commercial motor 
vehicle. 
(c) SPECIAL USE PERMITS.—^A State may grant a special use 
permit to a commercial motor vehicle that is more than 102 inches 
in width. 
(d) STATE ENFORCEMENT.—Consistent with this section, a State 
may enforce a commercial motor vehicle width limitation of 102 
inches on a segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways (except a segment exempted under 
subsection (e) of this section) or other qualifying Federal-aid high-
way designated by the Secretary. 
(e) EXEMPTIONS.—(1) If the chief executive officer of a State, 
after consulting under paragraph (2) of this subsection, decides 
a segment of the Dwight D. Eisenhower System of Interstate and 
Defense Highways is not capable of safely accommodating a 
commercial motor vehicle having the width provided in subsection 
(a) of this section, the chief executive officer may notify the Sec-
retary of that decision and request the Secretary to exempt that 
segment from subsection (a) to allow the State to impose a width 
limitation of less than 102 inches for a vehicle (except a bus) 
on that segment. 
(2) Before making a decision under paragraph (1) of this sub-
section, the chief executive officer shall consult with units of local 
government in the State in which the segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways is 
located and with the chief executive officer of £iny adjacent State 
that may be directly affected by the exemption. As part of the 
consultations, consideration shall be given to any potential alter-
native route that serves the area in which the segment is located 
and can safely accommodate a commercial motor vehicle having 
the width provided for in subsection (a) of this section. 
(3) A chief executive officer's notification under this subsection 
must include specific evidence of safety problems supporting the 
officer's decision and the results of consultations about alternative 
routes. 
(4)(A) If the Secretary decides, on request of a chief executive 
officer or on the Secretary's own initiative, a segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways is not 
capable of safely accommodating a commercial motor vehicle having 
a width provided in subsection (a) of this section, the Secretary 
shall exempt the segment from subsection (a) to allow the State 
to impose a width limitation of less than 102 inches for a vehicle 
(except a bus) on that segment. Before making a decision under 
this paragraph, the Secretary shall consider any possible alternative 
route that serves the area in which the segment is located. 
(B) The Secretary shall make a decision about a specific seg-
ment not later than 120 days after the date of receipt of notification 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 999 
from a chief executive officer under paragraph (1) of this subsection 
or the date on which the Secretary initiates action under subpara-
graph (A) of this paragraph, whichever is appUcable. If the Secretary 
finds the decision will not be made in time, the Secretary imme-
diately shall notify Congress, giving the reasons for the delay, 
information about the resources assigned, and the projected date 
for the decision. 
(C) Before making a decision, the Secretary shall give an 
interested person notice and an opportunity for comment. If the 
Secretary exempts a segment under this subsection before the final 
regulations under subsection (a) of this section are prescribed, the 
Secretary shall include the exemption as part of the final regula-
tions. If the Secretary exempts the segment after the final regula- Publication, 
tions are prescribed, the Secretary shall publish the exemption 
as an amendment to the final regulations. 
§ 31114. Access to the Interstate System 
(a) PROHIBITION ON DENYING ACCESS.—A State may not enact 
or enforce a law denying to a commercial motor vehicle subject 
to this subchapter or subchapter I of this chapter reasonable access 
between— 
(1) the Dwight D. Eisenhower System of Interstate and 
Defense Highways (except a segment exempted under section 
31111(f) or 31113(e) of this title) and other qualifying Federal-
aid Primary System highways designated by the Secretary of 
Transportation; and 
(2) terminals, facilities for food, fuel, repairs, and rest, 
and points of loading and unloading for household goods car-
riers, motor carriers of passengers, or any truck tractor-
semitrailer combination in which the semitrailer has a length 
of not more than 28.5 feet and that generally operates as 
part of a vehicle combination described in section 31111(c) 
of this title. 
(b) EXCEPTION.—This section does not prevent a State or local 
government from imposing reasonable restrictions, based on safety 
considerations, on a truck tractor-semitrailer combination in which 
the semitrailer has a length of not more than 28.5 feet and that 
generally operates as part of a vehicle combination described in 
section 31111(c) of this title. 
§31115. Enforcement 
On the request of the Secretary of Transportation, the Attorney 
General shall bring a civil action for appropriate injunctive relief 
to ensure compliance with this subchapter or subchapter I of this 
chapter. The action may be brought in a district court of the 
United States in any State in which the relief is required. On 
a proper showing, the court shall issue a temporary restraining 
order or preliminary or permanent injunction. An injunction under 
this section may order a State or person to comply with this sub-
chapter, subchapter I, or a regulation prescribed under this sub-
chapter or subchapter I. 
SUBCHAPTER III—SAFETY REGULATION 
§31131. Purposes and Hndings 
* 
(a) PURPOSES.—The purposes of this subchapter are— 
108 STAT. 1000 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) to promote the safe operation of commercial motor 
vehicles; 
(2) to minimize dangers to the health of operators of 
commercial motor vehicles and other employees whose employ-
ment directly affects motor carrier safety; and 
(3) to ensure increased compliance with traffic laws and 
with the commercial motor vehicle safety and health regulations 
and standards prescribed and orders issued under this chapter. 
(b) FINDINGS.—Congress 
finds-
CD it is in the public interest to enhance commercial motor 
vehicle safety and thereby reduce highway fatalities, injuries, 
and property damage; 
(2) improved, more uniform commercial motor vehicle 
safety measures and strengthened enforcement would reduce 
the number of fatalities and injuries and the level of property 
damage related to commercial motor vehicle operations; 
(3) enhanced protection of the health of commercial motor 
vehicle operators is in the public interest; and 
(4) interested State governments can provide valuable 
assistance to the United States Government in ensuring that 
commercial motor vehicle operations are conducted safely and 
healthfully. 
§31132. Definitions 
In this subchapter— 
(1) "commercial motor vehicle" means a self-propelled or 
towed vehicle used on the highways in interstate commerce 
to transport passengers or property, if the vehicle— 
(A) has a gross vehicle weight rating of at least 10,001 
pounds; 
(B) is designed to transport more than 15 passengers 
including the driver; or 
(C) is used in transporting material found by the Sec-
retary of Transportation to be hazardous under section 
5103 of this title and transported in a quantity requiring 
placarding under regulations prescribed by the Secretary 
under section 5103. 
(2) "employee" means an operator of a commercial motor 
vehicle (including an independent contractor when operating 
a commercial motor vehicle), a mechanic,\,a freight handler, 
or an individual not an employer, who— 
(A) directly affects commercial inotor vehicle safety 
in the course of employment; and 
(B) is not an employee of the United States Govern-
ment, a State, or a political subdivision of a State acting 
in the course of the employment by the Government, a 
State, or a political subdivision of a State. 
(3) "employer"— 
(A) means a person engaged in a business affecting 
interstate commerce that owns or leases a commercial 
motor vehicle in connection with that' business, or assigns 
an employee to operate it; but 
(B) does not include the Government, a State, or a 
political subdivision of a State. 
(4) "interstate commerce" means trade, traffic, or transpor-
tation in the United States between a place in a State and— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1001 
(A) a place outside that State (including a place outside 
the United States); or 
(B) another place in the same State through another 
State or through a place outside the United States. 
(5) "intrastate commerce" means trade, traffic, or transpor-
tation in a State that is not interstate commerce. 
(6) "regulation" includes a standard or order. 
(7) "State" means a State of the United States, the District 
of Columbia, and, in sections 31136 and 31140-31142 of this 
title, a political subdivision of a State. 
(8) "State law" includes a law enacted by a political subdivi-
sion of a State. 
(9) "State regulation" includes a regulation prescribed by 
a political subdivision of a State. 
(10) "United States" means the States of the United States 
and the District of Columbia. 
§31133. General powers of the Secretary of Transportation 
(a) GENERAL.—In carrying out this subchapter and regulations 
prescribed under section 31102 of this title, the Secretary of 
Transportation may— 
(1) conduct inspections and investigations; 
(2) compile statistics; 
(3) make reports; 
(4) issue subpenas; 
(5) require production of records and property; 
(6) take depositions; 
(7) hold hearings; 
(8) prescribe recordkeeping and reporting requirements; 
(9) conduct or make contracts for studies, development, 
testing, evaluation, and training; and 
(10) perform other acts the Secretary considers appropriate. 
(b) CONSULTATION.—In conducting inspections and investiga-
tions under subsection (a) of this section, the Secretary shall consult, 
as appropriate, with employers and employees and their authorized 
representatives and offer them a right of accompaniment. 
(c) DELEGATION.—The Secretary may delegate to a State receiv-
ing a grant under section 31102 of this title those duties and 
powers related to enforcement (including conducting investigations) 
of this subchapter and regulations prescribed under this subchapter 
that the Secretary considers appropriate. 
§31134. Commercial 
Motor 
Vehicle 
Safety 
Regulatory 
Review Panel 
(a) ESTABLISHMENT AND GENERAL DUTY.—The Secretary of 
Transportation shall establish the Commercial Motor Vehicle Safety 
Regulatory Review Panel. The Panel shall analyze and review State 
laws and regulations under sections 31140 and 31141 of this title. 
(b) SPECIFIC DUTIES.—The Panel shall— 
(1) carry out those duties and powers designated to be 
carried out by the Panel under sections 31140 and 31141 of 
this title; 
(2) conduct a study to— 
(A) evaluate the need, if any, for additional assistance 
from the United States Government to the States to enable 
them to enforce the regulations prescribed by the Secretary 
under section 31136 of this title; and 
108 STAT. 1002 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) decide on other methods of furthering the purposes 
of this subchapter; and 
(3) make recommendations to the Secretary based on the 
results of the study conducted under clause (2) of this sub-
section. 
(c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel 
shall be composed of 15 members as follows: 
(A) the Secretary or the Secretary's delegate. 
(B) 7 individuals appointed by the Secretary from among 
individuals who represent the interests of States and political 
subdivisions of States and whose names have been submitted 
to the Secretary by the Committee on Commerce, Science, and 
Transportation of the Senate or the Committee on Public Works 
and Transportation of the House of Representatives. 
(C) 7 individuals appointed by the Secretary from among 
individuals who represent the interests of business, consumer, 
labor, and safety groups and whose names have been submitted 
to the Secretary by the Committee on Commerce, Science, and 
Transportation of the Senate or the Committee on Public Works 
and Transportation of the House of Representatives. 
(2) The Secretary shall select the individuals to be appointed 
under this subsection on the basis of their knowledge, expertise, 
or experience related to commercial motor vehicle safety. Half of 
the appointments shall be made from names submitted by the 
Committee on Commerce, Science, and Transportation of the Sen-
ate, and the other half from names submitted by the Committee 
on Public Works and Transportation of the House of Representa-
tives. Each of these committees shall submit to the Secretary the 
names of 20 individuals qualified to serve on the Panel. 
(3) The term of each member of the Panel appointed under 
paragraph (1)(B) and (C) of this subsection is 7 years. 
(4) A vacancy on the Panel shall be filled in the way the 
original appointment was made. The vacancy does not affect the 
Panel's powers. 
(d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Sec-
retary is the Chairman of the Panel. 
(2) Eight members of the Panel are a quorum, but the Panel 
may establish a lesser number as a quorum to hold hearings, 
take testimony, and receive evidence. 
(3) The Panel shall meet at the call of the Chairman or a 
majority of its members. 
(4) Members of the Panel shall serve without pay, except that 
they shall receive expenses under section 5703 of title 5. 
(e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On 
request of the Panel, the Secretary shall— 
(1) detail personnel of the Department of Transportation 
to the Panel as necessary to assist the Panel in carrying out 
its duties and powers; and 
(2) provide office space, supplies, equipment, and other 
support services to the Panel as necessary for the Panel to 
carry out its duties and powers. 
(f) HEARINGS AND OTHER ACTIONS.—TO carry out the duties 
and powers of the Panel under this subchapter, the Panel or any 
member authorized by the Panel may hold hearings, sit and act 
at times and places, take testimony, and take other actions the 
Panel or the member considers advisable. A member of the Panel 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1003 
may administer oaths to witnesses appearing before the Panel 
or the member. 
(g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regu- 
^ 
lations the Panel may prescribe, the Chairman may procure the 
temporary or intermittent services of experts or consultants under 
section 3109 of title 5. 
§31135. Duties of employers and employees 
Each employer and employee shall comply with regulations 
on commercial motor vehicle safety prescribed by the Secretary 
of Transportation under this subchapter that apply to the employer's 
or employee's conduct. 
§ 31136. United States Government regulations 
(a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a) 
of this title, the Secretary of Transportation shall prescribe regula-
tions on commercial motor vehicle safety. The regulations shall 
prescribe minimum safety standards for commercial motor vehicles. 
At a minimum, the regulations shall ensure that— 
(1) commercial motor vehicles are maintained, equipped, 
loaded, and operated safely; 
(2) the responsibilities imposed on operators of commercial 
motor vehicles do not impair their ability to operate the vehicles 
safely; 
(3) the physical condition of operators of commercial motor 
vehicles is adequate to enable them to operate the vehicles 
safely; and 
(4) the operation of commercial motor vehicles does not 
have a deleterious effect on the physical condition of the 
operators. 
(b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The 
Secretary may not eliminate or amend an existing motor carrier 
safety regulation related only to the maintenance, equipment, load-
ing, or operation (including routing) of vehicles carrying material 
found to be hazardous under section 5103 of this title until an 
equivalent or more stringent regulation has been prescribed under 
section 5103. 
(c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under 
this section shall be prescribed under section 553 of title 5 (without 
regard to sections 556 and 557 of title 5). 
(2) Before prescribing regulations under this section, the Sec-
retary shall consider, to the extent practicable and consistent with 
the purposes of this chapter— 
(A) costs and benefits; and 
(B) State laws and regulations on commercial motor vehicle 
safety, to minimize their unnecessary preemption. 
(d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does 
not prescribe regulations on commercial motor vehicle safety under 
this section, regulations on commercial motor vehicle safety pre-
scribed by the Secretary before October 30, 1984, and in effect 
on October 30, 1984, shall be deemed in this subchapter to be 
regulations prescribed by the Secretary under this section. 
(e) WAIVERS.—^After notice and an opportunity for comment, 
the Secretary may waive any part of a regulation prescribed under 
this section as it applies to a person or class of persons, if the 
Secretary decides that the waiver is consistent with the public 
interest and the safe operation of commercial motor vehicles. Under 
108 STAT. 1004 
PUBLIC LAW 103-272—JULY 5, 1994 
Federal 
Register, 
publication. 
this subsection, the Secretary shall waive the regulations prescribed 
under this section as they apply to schoolbuses (as defined in 
section 30125(a) of this title) unless the Secretary decides that 
making the regulations applicable to schoolbuses is necessary for 
public safety, considering all laws of the United States and States 
applicable to schoolbuses. A waiver under this subsection shall 
be published in the Federal Register, with the reasons for the 
waiver. 
(f) 
LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE 
EXEMPTIONS AND WAIVERS.—(1) The Secretary may not— 
(A) exempt a person or commercial motor vehicle from 
a regulation related to commercial motor vehicle safety only 
because the operations of the person or vehicle are entirely 
in a municipality or commercial zone of a municipality; or 
(B) waive application to a person or commercial motor 
vehicle of a regulation related to commercial motor vehicle 
safety only because the operations of the person or vehicle 
are entirely in a municipality or commercial zone of a munici-
pality. 
(2) If a person was authorized to operate a commercial motor 
vehicle in a municipality or commercial zone of a municipality 
in the United States for the entire period from November 19, 
1987, through November 18, 1988, and if the person is otherwise 
qualified to operate a commercial motor vehicle, the person may 
operate a commercial motor vehicle entirely in a municipality or 
commercial zone of a municipality notwithstanding— 
(A) paragraph (1) of this subsection; 
(B) a minimum age requirement of the United States 
Government for operation of the vehicle; and 
(C) a medical or physical condition that— 
(i) would prevent an operator from operating a commer-
cial motor vehicle under the commercial motor vehicle 
safety regulations in title 49, Code of Federal Regulations; 
(ii) existed on July 1, 1988; 
(iii) has not substantially worsened; and 
(iv) does not involve alcohol or drug abuse. 
(3) This subsection does not affect a State commercial motor 
vehicle safety law applicable to intrastate commerce. 
§31137. Monitoring device and brake maintenance regula-
tions 
(a) USE OF MONITORING DEVICES.—If the Secretary of Transpor-
tation prescribes a regulation about the use of monitoring devices 
on commercial motor vehicles to increase compliance by operators 
of the vehicles with hours of service regulations of the Secretary, 
the regulation shall ensure that the devices are not used to harass 
vehicle operators. However, the devices may be used to monitor 
productivity of the operators. 
(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.— 
Not later than December 31, 1990, the Secretary shall prescribe 
regulations on improved standards or methods to ensure that brakes 
and brake systems of commercial motor vehicles are maintained 
properly and inspected by appropriate employees. At a minimum, 
the regulations shall establish minimum training requirements and 
qualifications for employees responsible for maintaining and 
inspecting the brakes and brake systems. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1005 
§31138. Minimum tinancial responsibility for transporting 
passengers 
(a) GENERAL REQUIREMENT.—^The Secretary of Transportation Regulations, 
shall prescribe regulations to require minimum levels of financial 
responsibility sufficient to satisfy liability amounts established by 
the Secretary covering public liability and property damage for 
the transportation of passengers for compensation by motor vehicle 
in the United States between a place in a State and— 
(1) a place in another State; 
(2) another place in the same State through a place outside 
of that State; or 
(3) a place outside the United States. 
(b) MINIMUM AMOUNTS.—^The level of financial responsibility 
established under subsection (a) of this section for a motor vehicle 
with a seating capacity o
f
-
— 
(1) at least 16 passengers shall be at least $5,000,000; 
and 
(2) not more than 15 passengers shall be at least 
$1,500,000. 
(c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to 
paragraph (2) of this subsection, financial responsibility may be 
established by evidence of one or a combination of the following 
if acceptable to the Secretary of Transportation: 
(A) insurance, including high self-retention. 
i; 
(B) a guarantee. 
(C) a surety bond issued by a bonding company authorized 
to do business in the United States. 
(2) A person domiciled in a country contiguous to the United 
States and providing transportation to which a minimum level 
of financial responsibility under this section applies shall have 
evidence of financial responsibility in the motor vehicle when the 
person is providing the transportation. If evidence of financial 
responsibility is not in the vehicle, the Secretary of Transportation 
and the Secretary of the Treasury shall deny entry of the vehicle 
into the United States. 
(d) CIVIL PENALTY.—(1) If, after notice and an opportunity 
for a hearing, the Secretary of Transportation finds that a person 
(except an employee acting without knowledge) has knowingly vio-
lated this section or a regulation prescribed under this section, 
the person is liable to the United States Government for a civil 
penalty of not more than $10,000 for each violation. A separate 
violation occurs for each day the violation continues. 
(2) The Secretary of Transportation shall impose the penalty 
by written notice. In determining the amount of the penalty, the 
Secretary shall consider— 
(A) the nature, circumstances, extent, and gravity of the 
violation; 
(B) with respect to the violator, the degree of culpability, 
any history of prior violations, the ability to pay, and any 
effect on the ability to continue doing business; and 
(C) other matters that justice requires. 
(3) The Secretary of Transportation may compromise the pen-
alty before referring the matter to the Attorney General for 
collection. 
(4) The Attorney General shall bring a civil action in an appro-
priate district court of the United States to collect a penalty referred 
to the Attorney General for collection under this subsection. 
79-194 O—95—10 : QL 3 Part 2 
108 STAT. 1006 
PUBLIC LAW 103-272—JULY 5, 1994 
(5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the Treasury as miscellaneous receipts. 
(e) NONAPPLICATION.—This section does not apply to a motor 
vehicle— 
(1) transporting only school children and teachers to or 
from school; 
(2) providing taxicab service, having a seating capacity 
of not more than 6 passengers, and not being operated on 
a regular route or between specified places; or 
(3) carrying not more than 15 individuals in a single, 
daily round trip to and from work. 
§31139. Minimum financial responsibility for transporting 
property 
(a) DEFINITIONS.—In this section— 
(1) "farm vehicle" means a vehicle— 
(A) designed or adapted and used only for agriculture; 
(B) operated by a motor private carrier (as defined 
in section 10102 of this title); and 
(C) operated only incidentally on highways. 
(2) "interstate commerce" includes transportation between 
a place in a State and a place outside the United States, 
to the extent the transportation is in the United States. 
(3) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands. 
(b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The 
Secretary of Transportation shall prescribe regulations to require 
minimum levels of financial responsibility sufficient to satisfy liabil-
ity amounts established by the Secretary covering public liability, 
property damage, and environmental restoration for the transpor-
tation of property for compensation by motor vehicle in the United 
States between a place in a State and— 
(A) a place in another State; 
(B) another place in the same State through a place outside 
of that State; or 
(C) a place outside the United States. 
(2) The level of financial responsibility established under para-
graph (1) of this subsection shall be at least $750,000. 
(c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The 
Secretary of Transportation shall prescribe regulations to require 
minimum levels of financial responsibility sufficient to satisfy liabil-
ity amounts established by the Secretary covering public liability, 
property damage, and environmental restoration for the transpor-
tation by motor vehicle in interstate or intrastate commerce of— 
(A) hazardous material (as defined by the Secretary); 
(B) oil or hazardous substances (as defined by the Adminis-
trator of the Environmental Protection Agency); or 
(C) hazardous wastes (as defined by the Administrator). 
(2)(A) Except as provided in subparagraph (B) of this para-
graph, the level of financial responsibility established under para-
graph (1) of this subsection shall be at least $5,000,000 for the 
tran sportation— 
(i) of hazardous substances (as defined by the Adminis-
trator) in cargo tanks, portable tanks, or hopper-type vehicles, 
with capacities of more than 3,500 water gallons; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1007 
(ii) in bulk of class A explosives, poison gas, liquefied 
gas, or compressed gas; or 
(iii) of large quantities of radioactive material. 
(B) The Secretary of Transportation by regulation may reduce 
the minimum level in subparagraph (A) of this paragraph (to an 
amount not less than $1,000,000) for transportation described in 
subparagraph (A) in any of the territories of Puerto Rico, the 
Virgin Islands, American Samoa, Guam, and the Northern Mariana 
Islands i
f
— 
(i) the chief executive officer of the territory requests the 
reduction; 
(ii) the reduction will prevent a serious disruption in 
transportation service and will not adversely affect public 
safety; and 
(iii) insurance of $5,000,000 is not readily available. 
(3) The level of financial responsibility established under para-
graph (1) of this subsection for the transportation of a material, 
oil, substance, or waste not subject to paragraph (2) of this sub-
section shall be at least $1,000,000. However, if the Secretary 
of Transportation finds it will not adversely affect public safety, 
the Secretary by regulation may reduce the amount for— 
(A) a class of vehicles transporting such a material, oil, 
substance, or waste in intrastate commerce (except in bulk); 
and 
(B) a farm vehicle transporting such a material or sub-
stance in interstate commerce (except in bulk). 
(d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regula- Regulations 
tions prescribed under this section may allow foreign motor carriers 
and foreign motor private carriers (as those terms are defined 
in section 10530 of this title) providing transportation of property 
under a certificate of registration issued under section 10530 to 
meet the minimum levels of financial responsibility under this 
section only when those carriers are providing transportation for 
property in the United States. 
(e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to 
paragraph (2) of this subsection, financial responsibility may be 
established by evidence of one or a combination of the following 
if acceptable to the Secretary of Transportation: 
(A) insurance. 
(B) a guarantee. 
(C) a surety bond issued by a bonding company authorized 
to do business in the United States. 
(D) qualification as a self-insurer. 
(2) A person domiciled in a country contiguous to the United 
States and providing transportation to which a minimum level 
of financial responsibility under this section applies shall have 
evidence of financial responsibility in the motor vehicle when the 
person is providing the transportation. If evidence of financial 
responsibility is not in the vehicle, the Secretary of Transportation 
and the Secretary of the Treasury shall deny entry of the vehicle 
into the United States. 
(f) CIVIL PENALTY.—(1) If, after notice and an opportunity for 
a hearing, the Secretary of Transportation finds that a person 
(except an employee acting without knowledge) has knowingly vio-
lated this section or a regulation prescribed under this section, 
the person is liable to the United States Government for a civil 
108 STAT. 1008 
PUBLIC LAW 103-272-JULY 5, 1994 
penalty of not more than $10,000 for each violation. A separate 
violation occurs for each day the violation continues. 
(2) The Secretary of Transportation shall impose the penalty 
by written notice. In determining the amount of the penalty, the 
Secretary shall consider— 
(A) the nature, circumstances, extent, and gravity of the 
violation; 
(B) with respect to the violator, the degree of culpability, 
any history of prior violations, the ability to pay, and any 
effect on the ability to continue doing business; and 
(C) other matters that justice requires. 
(3) The Secretary of Transportation may compromise the pen-
alty before referring the matter to the Attorney General for 
collection. 
(4) The Attorney Greneral shall bring a civil action in an appro-
priate district court of the United States to collect a penalty referred 
to the Attorney General for collection under this subsection. 
(5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the Treasury as miscellaneous receipts. 
(g) NONAPPLICATION.—This section does not apply to a motor 
vehicle having a gross vehicle weight rating of less than 10,000 
pounds if the vehicle is not used to transport in interstate or 
foreign commerce— 
(1) class A or B explosives; 
(2) poison gas; or 
(3) a large quantity of radioactive material. 
§ 31140. Submission of State laws and regulations for review 
(a) GENERAL.—^A State that enacts a State law or issues a 
regulation on commercial motor vehicle safety shall submit a copy 
of the law or regulation to the Secretary of Transportation and 
the Commercial Motor Vehicle Safety Regulatory Review Panel 
immediately after the enactment or issuance. 
(b) ADDITIONAL INFORMATION.—^As soon as practicable but not 
later than a date the Panel may establish, a State that submits 
a State law or regulation under this section to the Panel shall— 
(1) indicate in writing to the Panel whether the law or 
regulation— 
(A) has the same effect as a regulation prescribed 
by the Secretary under section 31136 of this title; 
(B) is less stringent than that regulation; or 
(C) is additional to or more stringent than that regula-
tion; and 
(2) submit to the Panel other information the Panel or 
the Secretary may require to carry out this subchapter. 
§31141. Review and preemption of State laws and regula-
tions 
(a) PREEMPTION AFTER DECISION.—^A State may not enforce 
a State law or regulation on commercial motor vehicle safety that 
the Secretary of Transportation decides under this section may 
not be enforced. 
(b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commer-
cial Motor Vehicle Safety Regulatory Review Panel annually shall 
analyze State laws and regulations and decide which of those laws 
and regulations are related to commercial motor vehicle seifety. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1009 
(2) Not later than one year after the date the Secretary pre-
scribes a regulation under section 31136 of this title or one year 
after the date the Panel decides under paragraph (1) of this sub-
section that a State law or regulation is related to commercial 
motor vehicle safety, whichever is later, the Panel shall— 
(A) decide whether the State law or regulation— 
(i) has the same effect as the regulation prescribed 
by the Secretary; 
(ii) is less stringent than that regulation; or 
(iii) is additional to or more stringent than that regula-
tion; 
(B) decide, for each State law or regulation that the Panel 
decides is additional to or more stringent than the regulation 
prescribed by the Secretary, whether— 
(i) the State law or regulation has no safety benefit; 
(ii) the State law or regulation is incompatible with 
the regulation prescribed by the Secretary; or 
(iii) enforcement of the State law or regulation would 
cause an unreasonable burden on interstate commerce; and 
(C) notify the Secretary of the Panel's decisions under 
this subsection. 
(c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary 
shall review each State law and regulation on commercial motor 
vehicle safety. Not later than 18 months after the date the Panel 
notifies the Secretary of a decision under subsection (b) of this 
section, the Secretary shall— 
(A) conduct a regulatory proceeding to decide under this 
subsection whether the State law or regulation may be enforced; 
and 
(B) prescribe a final regulation. 
Regulations. 
(2) If the Secretary decides a State law or regulation has 
the same effect as a regulation prescribed by the Secretary under 
section 31136 of this title, the State law or regulation may be 
enforced. 
(3) If the Secretary decides a State law or regulation is less 
stringent than a regulation prescribed by the Secretary under sec-
tion 31136 of this title, the State law or regulation may not be 
enforced. 
(4) If the Secretary decides a State law or regulation is addi-
tional to or more stringent than a regulation prescribed by the 
Secretary under section 31136 of this title, the State law or regula-
tion may be enforced unless the Secretary also decides that— 
(A) the State law or regulation has no safety benefit; 
(B) the State law or regulation is incompatible with the 
regulation prescribed by the Secretary; or 
(C) enforcement of the State law or regulation would cause 
an unreasonable burden on interstate commerce. 
(5)(A) In deciding about a State law or regulation under this 
subsection, the Secretary shall give great weight to the correspond-
ing decision made by the Panel about that law or regulation under 
subsection (b) of this section. 
(B) In deciding under paragraph (4) of this subsection whether 
a State law or regulation will cause an unreasonable burden on 
interstate commerce, the Secretary may consider the effect on inter-
state commerce of implementation of that law or regulation with 
the implementation of all similar laws and regulations of other 
States. 
108 STAT. 1010 
PUBLIC LAW 103-272—JULY 5, 1994 
(d) WAIVERS.—(1) A person (including a State) may petition 
the Secretary for a waiver of a decision of the Secretary that 
a State law or regulation may not be enforced under this section. 
The Secretary shall grant the waiver, as expeditiously as possible, 
if the person demonstrates to the satisfaction of the Secretary 
that the waiver is consistent with the public interest and the 
safe operation of commercial motor vehicles. 
(2) Before deciding whether to grant or deny a petition for 
a waiver under this subsection, the Secretary shall give the peti-
tioner an opportunity for a hearing on the record. 
(e) CONSOLIDATING PROCEEDINGS.—The Secretary may consoli-
date regulatory proceedings under this section if the Secretary 
decides that the consolidation will not adversely affect a party 
to a proceeding. 
(f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days 
after making a decision under subsection (c) of this section that 
a State law or regulation may not be enforced, the Secretary shall 
give written notice to the State of that decision. 
(g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days 
after the Secretary makes a decision under subsection (c) of this 
section, or grants or denies a petition for a waiver under subsection 
(d) of this section, a person (including a State) adversely affected 
by the decision, grant, or denial may file a petition for judicial 
review. The petition may be filed in the court of appeals of the 
United States for the District of Columbia Circuit or in the court 
of appeals of the United States for the circuit in which the person 
resides or has its principal place of business. 
(2) The court has jurisdiction to review the decision, grant, 
or denial and to grant appropriate relief, including interim relief, 
as provided in chapter 7 of title 5. 
(3) A judgment of a court under this subsection may be reviewed 
only by the Supreme Court under section 1254 of title 28. 
(4) The remedies provided for in this subsection are in addition 
to other remedies provided by law. 
(h) INITIATING REVIEW PROCEEDINGS.—TO review a State law 
or regulation on commercial motor vehicle safety under this section, 
the Secretary may initiate a regulatory proceeding on the Sec-
retary's own initiative or on petition of an interested person (includ-
ing a State). 
§31142. Inspection of vehicles 
(a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of 
an authorized enforcement official of a State or of the United 
States Government, a commercial motor vehicle is required to pass 
an inspection of all safety equipment required under part 393 
of title 49, Code of Federal Regulations. 
Regulations. 
(b) INSPECTION OF VEHICLES AND RECORD RETENTION.—^The 
Secretary of Transportation shall prescribe regulations on Govern-
ment standards for inspection of commercial motor vehicles and 
retention by employers of records of an inspection. The standards 
shall provide for annual or more frequent inspections of a commer-
cial motor vehicle unless the Secretary finds that another inspection 
system is as effective as an annual or more frequent inspection 
system. Regulations prescribed under this subsection are deemed 
to be regulations prescribed under section 31136 of this title. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1011 
(c) PREEMPTION.—(1) Except as provided in paragraph (2) of 
this subsection, this subchapter and section 31102 of this title 
do not— 
(A) prevent a State or voluntary group of States from 
imposing more stringent standards for use in their own periodic 
roadside inspection programs of commercial motor vehicles; 
(B) prevent a State from enforcing a program for inspection 
of commercial motor vehicles that the Secretary decides is 
as effective as the Government standards prescribed under 
subsection (b) of this section; 
(C) prevent a State from enforcing a program for inspection 
of commercial motor vehicles that meets the requirements for 
membership in the Commercial Vehicle Safety Alliance, as 
those requirements were in effect on October 30, 1984; or 
(D) require a State that is enforcing a program described 
in clause (B) or (C) of this paragraph to enforce a Government 
standard prescribed under subsection (b) of this section or 
to adopt a provision on inspection of commercial motor vehicles 
in addition to that program to comply with the Government 
standards. 
(2) The Government standards prescribed under subsection (b) 
of this section shall preempt a program of a State described in 
paragraph (1)(C) of this subsection as the program applies to the 
inspection of commercial motor vehicles in that State. The State 
may not enforce the program if the Secretary— 
(A) decides, after notice and an opportunity for a hearing, 
that the State is not enforcing the program in a way that 
achieves the objectives of this section; and 
(B) after making a decision under clause (A) of this para-
graph, provides the State with a 6-month period to improve 
the enforcement of the program to achieve the objectives of 
this section. 
(d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.— 
A periodic inspection of a commercial motor vehicle under the 
Government standards prescribed under subsection (b) of this sec-
tion or a program described in subsection (c)(1)(B) or (C) of this 
section that is being enforced shall be recognized as adequate in 
every State for the period of the inspection. This subsection does 
not prohibit a State from making random inspections of commercial 
motor vehicles. 
(e) EFFECT OF GOVERNMENT STANDARDS.—The Government 
standards prescribed under subsection (b) of this section may not 
be enforced as the standards apply to the inspection of commercial 
motor vehicles in a State enforcing a program described in sub-
section (c)(1)(B) or (C) of this section if the Secretary decides that 
it is in the public interest and consistent with public safety for 
the Government standards not to be enforced as they apply to 
that inspection. 
(f) 
APPLICATION OF STATE REGULATIONS TO GOVERNMENT-
LEASED VEHICLES AND OPERATORS.—A State receiving financial 
assistance under section 31102 of this title in a fiscal year may 
enforce in that fiscal year a regulation on commercial motor vehicle 
safety adopted by the State as the regulation applies to commercial 
motor vehicles and operators leased to the Government. 
108 STAT. 1012 
PUBLIC LAW 103-272—JULY 5, 1994 
§31143. Investigating complaints and protecting complain-
ants 
(a) INVESTIGATING COMPLAINTS.—The Secretary of Transpor-
tation shall conduct a timely investigation of a nonfrivolous written 
complaint alleging that a substantial violation of a regulation pre-
scribed under this subchapter is occurring or has occurred within 
the prior 60 days. The Secretary shall give the complainant timely 
notice of the findings of the investigation. The Secretary is not 
required to conduct separate investigations of duplicative com-
plaints. 
(b) PROTECTING COMPLAINANTS.—Notwithstanding section 552 
of title 5, the Secretary may disclose the identity of a complainant 
only if disclosure is necessary to prosecute a violation. If disclosure 
becomes necessary, the Secretary shall take every practical means 
within the Secretary's authority to ensure that the complainant 
is not subject to harassment, intimidation, disciplinary action, 
discrimination, or financial loss because of the disclosure. 
§ 31144. Safety titness of owners and operators 
Regulations. 
(a) PROCEDURE.—(1) In cooperation with the Interstate Com-
merce Commission, the Secretary of Transportation shall prescribe 
regulations establishing a procedure to decide on the safety fitness 
of owners and operators of commercial motor vehicles, including 
persons seeking new or additional operating authority as motor 
carriers under sections 10922 and 10923 of this title. The procedure 
shall include— 
(A) specific initial and continuing requirements to be met 
by the owners, operators, and persons to prove safety fitness; 
(B) a means of deciding whether the owners, operators, 
and persons meet the safety fitness requirements under clause 
(A) of this paragraph; and 
(C) specific time deadlines for action by the Secretary and 
the Commission in making fitness decisions. 
(2) Regulations prescribed under this subsection supersede all 
regulations of the United States Government on safety fitness and 
safety rating of motor carriers in effect on October 30, 1984. 
(b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission 
shall— 
(1) find an applicant for authority to operate as a motor 
carrier unfit if the applicant does not meet the safety fitness 
requirements established under subsection (a) of this section; 
and 
(2) deny the application. 
§31145. Coordination of Governmental activities and paper-
work 
The Secretary of Transportation shall coordinate the activities 
of departments, agencies, and instrumentalities of the United States 
Government to ensure adequate protection of the safety and health 
of operators of commercial motor vehicles. The Secretary shall 
attempt to minimize paperwork burdens to ensure maximum 
coordination and to avoid overlap and the imposition of unreason-
able burdens on persons subject to regulations under this sub-
chapter. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1013 
§31146. Relationship to other laws 
Except as provided in section 31136(b) of this title, this sub-
chapter and the regulations prescribed under this subchapter do 
not affect chapter 51 of this title or a regulation prescribed under 
chapter 51. 
§31147. Limitations on authority 
(a) TRAFFIC REGULATIONS.—^This subchapter does not authorize 
the Secretary of Transportation to prescribe traffic safety regula-
tions or preempt State traffic regulations. However, the Secretary 
may prescribe traffic regulations to the extent their subject matter 
was regulated under parts 390-399 of title 49, Code of Federal 
Regulations, on October 30, 1984. 
(b) REGULATING THE MANUFACTURING OF VEHICLES.—^This sub-
chapter does not authorize the Secretary to regulate the manufac-
ture of commercial motor vehicles for any purpose, including fuel 
economy, safety, or emission control. 
SUBCHAPTER IV—MISCELLANEOUS 
§ 31161. Procedures to ensure timely correction of safety vio-
lations 
(a) DEFINITION.—Section 31132(1) of this title applies to this 
section. 
(b) GENERAL.—Not later than August 3, 1991, the Secretary 
Regulations, 
of Transportation shall prescribe regulations establishing proce-
dures to ensure the proper and timely correction of commercial 
motor vehicle safety violations noted during an inspection carried 
out with money authorized under section 31104 of this title. 
(c) VERIFICATION PROGRAM.—The regulations shall establish 
a verification program for United States Government inspectors 
and States participating under section 31102 of this title to ensure 
that commercial motor vehicles and their operators found in viola-
tion of safety requirements have been brought into compliance 
with those requirements. The regulations shall include— 
(1) a nationwide system for random reinspection of the 
commercial motor vehicles and their operators that have been 
declared out-of-service because of those safety violations, with 
the main purpose of the system being to verify that the viola-
tions have been corrected on a timely basis; 
(2) a program of accountability for correcting all safety 
violations that shall provide that— 
(A) the operator of a commercial motor vehicle for 
which a safety violation has been noted shall be issued 
a form prescribed by the Secretary; 
(B) the person making the repairs necessary to correct 
the violation shall certify on the form the making of repairs 
and the date, location, and time of the repairs; 
(C) the motor carrier responsible for the commercial 
motor vehicle or operator shall certify on the form that, 
based on the carrier's knowledge, the repairs necessary 
to correct the violation have been made; and 
(D) appropriate State penalties shall be imposed for 
a false statement on the form or a failure to return the 
form to the appropriate State entity; and 
(3) a system for ensuring that appropriate State penalties 
are imposed for failure to correct any of those safety violations. 
108 STAT. 1014 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 31162. Compliance review priority 
If the Secretary of Transportation identifies a pattern of viola-
tions of State or local traffic safety laws or regulations or commercial 
motor vehicle safety regulations, standards, or orders among drivers 
of commercial motor vehicles employed by a particular motor car-
rier, the Secretary or a State representative shall ensure that 
the motor carrier receives a high priority for review of that carrier's 
compliance with applicable United States Government and State 
commercial motor vehicle safety regulations. 
CHAPTER 313—COMMERCIAL MOTOR VEfflCLE 
OPERATORS 
Sec 
31301. 
Definitions. 
31302. Limitation on the niunber of driver's licenses. 
31303. Notification requirements. 
31304. Employer responsibilities. 
31305. General driver fitness and testing. 
31306. Alcohol and controlled substances testing. 
31307. Minimum training requirements for operators of longer combination vehi-
cles. 
31308. Commercial driver's license. 
31309. Commercial driver's license information system. 
31310. 
Disqualifications. 
31311. Requirements for State participation. 
31312. Grants for testing and ensuring the fitness of operators of commercial 
motor vehicles. 
31313. Grants for issuing commercial drivers' licenses and complying with State 
S
articipation requirements, 
holding amounts for State noncompliance. 
31315. Waiver authority. 
31316. Limitation on statutory construction. 
31317. Procedure for prescribmg regulations. 
§31301. Definitions 
In this chapter— 
(1) "alcohol" has the same meaning given the term "alco-
holic beverage" in section 158(c) of title 23. 
(2) "commerce" means trade, traffic, and transportation— 
(A) in the jurisdiction of the United States between 
a place in a State and a place outside that State (including 
a place outside the United States); or 
(B) in the United States that affects trade, traffic, 
and transportation described in subclause (A) of this clause. 
(3) "commercial driver's license" means a license issued 
by a State to an individual authorizing the individual to operate 
a class of commercial motor vehicles. 
(4) "commercial motor vehicle" means a motor vehicle used 
in commerce to transport passengers or property that— 
(A) has a gross vehicle weight rating of at least 26,001 
pounds or a lesser gross vehicle weight rating the Secretary 
of Transportation prescribes by regulation, but not less 
than a gross vehicle weight rating of 10,001 pounds; 
(B) is designed to transport at least 16 passengers 
including the driver; or 
(C) is used to transport material found by the Secretary 
to be hazardous under section 5103 of this title, except 
that a vehicle shall not be included as a commercial motor 
vehicle under this subclause i
f
— 
(i) the vehicle does not satisfy the weight require-
ments of subclause (A) of this clause; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1015 
(ii) the vehicle transporting material listed as 
hazardous under section 306(a) of the Comprehensive 
Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9656(a)) and not otherwise 
regulated by the Secretary or transporting a consumer 
commodity or limited qusmtity of hazardous material 
as defined in section 171.8 of title 49, Code of Federal 
Regulations; and 
(iii) the Secretary does not deny the application 
of this exception to the vehicle (individually or as part 
of a class of motor vehicles) in the interest of safety. 
(5) except in section 31306, "controlled substance" has the 
same meaning given that term in section 102 of the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
802). 
(6) "driver's license" means a license issued by a State 
to an individual authorizing the individual to operate a motor 
vehicle on highways. 
(7) "employee" means an operator of a commercial motor 
vehicle (including an independent contractor when operating 
a commercial motor vehicle) who is employed by an employer. 
(8) "employer" means a person (including the United States 
Government, a State, or a political subdivision of a State) 
that owns or leases a commercial motor vehicle or assigns 
employees to operate a commercial motor vehicle. 
(9) "felony" means an offense under a law of the United 
States or a State that is punishable by death or imprisonment 
for more than one year. 
(10) "hazardous material" has the same meaning given 
that term in section 5102 of this title. 
(11) "motor vehicle" means a vehicle, machine, tractor, 
trailer, or semitrailer propelled or drawn by mechanical power 
and used on public streets, roads, or highways, but does not 
include a vehicle, machine, tractor, trailer, or semitrailer oper-
ated only on a rail line or custom harvesting farm machinery. 
(12) "serious traffic violation" means— 
(A) excessive speeding, as defined by the Secretary 
by regulation; 
(B) reckless driving, as defined under State or local 
law; 
(C) a violation of a State or local law on motor vehicle 
traffic control (except a parking violation) and involving 
a fatality; and 
(D) any other similar violation of a State or local law 
on motor vehicle traffic control (except a parking violation) 
that the Secretary designates by regulation as serious. 
(13) "State" means a State of the United States and the 
District of Columbia. 
(14) "United States" means the States of the United States 
and the District of Columbia. 
§ 31302. Limitation on the number of driver's licenses 
An individual operating a commercial motor vehicle may have 
only one driver's license at any time, except during the 10-day 
period beginning on the date the individual is issued a driver's 
license. 
108 STAT. 1016 
PUBLIC LAW 103-272—JULY 5, 1994 
§31303. NotiHcation requirements 
(a) VIOLATIONS.—^An individual operating a commercial motor 
vehicle, having a driver's license issued by a State, and violating 
a State or local law on motor vehicle traffic control (except a 
parking violation) shall notify the individual's employer of the viola-
tion. If the violation occurred in a State other than the issuing 
State, the individual also shall notify a State official designated 
by the issuing State. The notifications required by this subsection 
shall be made not later than 30 days after the date the individual 
is found to have committed the violation. 
(b) 
REVOCATIONS, SUSPENSIONS, AND 
CANCELLATIONS.—An 
employee who has a driver's license revoked, suspended, or canceled 
by a State, who loses the right to operate a commercial motor 
vehicle in a State for any period, or who is disqualified from operat-
ing a commercial motor vehicle for any period, shall notify the 
employee's employer of the action not later than 30 days after 
the date of the action. 
(c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of 
this subsection, an individual applying for employment as an opera-
tor of a commercial motor vehicle shall notify the prospective 
employer, at the time of the application, of any previous employment 
as an operator of a commercial motor vehicle. 
Regulations. 
(2) The Secretary of Transportation shall prescribe by regula-
tion the period for which notice of previous employment must be 
given under paragraph (1) of this subsection. However, the period 
may not be less than the 10-year period ending on the date of 
the application. 
§ 31304. Employer responsibilities 
An employer may not knowingly allow an employee to operate 
a commercial motor vehicle in the United States during a period 
in which the employee— 
(1) has a driver's license revoked, suspended, or canceled 
by a State, has lost the right to operate a commercial motor 
vehicle in a State, or has been disqualified from operating 
a commercial motor vehicle; or 
(2) has more than one driver's license (except as allowed 
under section 31302 of this title). 
Regulations. 
§ 31305. General driver Htness and testing 
(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—^The Sec-
retary of Transportation shall prescribe regulations on minimum 
standards for testing and ensuring the fitness of an individual 
operating a commercial motor vehicle. The regulations— 
(1) shall prescribe minimum standards for written and 
driving tests of an individual operating a commercial motor 
vehicle; 
(2) shall require an individual who operates or will operate 
a commercial motor vehicle to take a driving test in a vehicle 
representative of the type of vehicle the individual operates 
or will operate; 
(3) shall prescribe minimum testing standards for the oper-
ation of a commercial motor vehicle and may prescribe different 
minimum testing standards for different classes of commercial 
motor vehicles; 
(4) shall ensure that an individual taking the tests has 
a working knowledge o
f
— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1017 
(A) regulations on the safe operation of a commercial 
motor vehicle prescribed by the Secretary and contained 
in title 49, Code of Federal Regulations; and 
(B) safety systems of the vehicle; 
(5) shall ensure that an individual who operates or will 
operate a commercial motor vehicle carrying a hazardous 
material— 
(A) is qualified to operate the vehicle under regulations 
on motor vehicle transportation of hazardous material pre-
scribed under chapter 51 of this title; and 
(B) has a working knowledge o
f
— 
(i) those regulations; 
(ii) the handling of hazardous material; 
(iii) the operation of emergency equipment used 
in response to emergencies arising out of the transpor-
tation of hazardous material; and 
(iv) appropriate response procedures to follow in 
those emergencies; 
(6) shall establish minimum scores for passing the tests; 
(7) shall ensure that an individual taking the tests is 
qualified to operate a commercial motor vehicle under regula-
tions prescribed by the Secretary and contained in title 49, 
Code of Federal Regulations, to the extent the regulations 
apply to the individual; and 
(8) may require— 
(A) issuance of a certification of fitness to operate 
a commercial motor vehicle to an individual passing the 
tests; and 
(B) the individual to have a copy of the certification 
in the individual's possession when the individual is operat-
ing a commercial motor vehicle. 
(b) REQUIREMENTS FOR OPERATING VEHICLES.—(1) Except as 
provided in paragraph (2) of this subsection, an individual may 
operate a commercial motor vehicle only if the individual has passed 
written and driving tests to operate the vehicle that meet the 
minimum standards prescribed by the Secretary under subsection 
(a) of this section. 
(2) The Secretary may prescribe regulations providing that 
an individual may operate a commercial motor vehicle for not 
more than 90 days if the individual— 
(A) passes a driving test for operating a commercial motor 
vehicle that meets the minimum standards prescribed under 
subsection (a) of this section; and 
(B) has a driver's license that is not suspended, revoked, 
(^r canceled. 
§ 31306. Alcohol and controlled substances testing 
(a) DEFINITION.—In this section, "controlled substance" means 
any substance under section 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 802) specified by 
the Secretary of Transportation. 
(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR 
VEHICLES.—(1)(A) In the interest of commercial motor vehicle 
safety, the Secretary of Transportation shall prescribe regulations 
not later than October 28, 1992, that establish a program requiring 
motor carriers to conduct preemployment, reasonable suspicion, 
random, and post-accident testing of operators of commercial motor 
108 STAT. 1018 
PUBLIC LAW 103-272—JULY 5, 1994 
vehicles for the use of alcohol or a controlled substance in violation 
of law or a United States Government regulation. 
(B) When the Secretary of Transportation considers it appro-
priate in the interest of safety, the Secretary may prescribe regula-
tions for conducting periodic recurring testing of operators of 
commercial motor vehicles for the use of alcohol or a controlled 
substance in violation of law or a Government regulation. 
(2) In prescribing regulations under this subsection, the Sec-
retary of Transportation— 
(A) shall require that post-accident testing of an operator 
of a commercial motor vehicle be conducted when loss of human 
life occurs in an accident involving a commercial motor vehicle; 
and 
(B) may require that post-accident testing of such an opera-
tor be conducted when bodily injury or significant property 
damage occurs in any other serious accident involving a 
commercial motor vehicle. 
(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out 
subsection (b) of this section, the Secretary of Transportation shall 
develop requirements that shall— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimens; 
(2) for laboratories and testing procedures for controlled 
substances, incorporate the Department of Health and Human 
Services scientific and technical guidelines dated April 11, 1988, 
and any amendments to those guidelines, including mandatory 
guidelines establishing— 
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this section, including 
standards requiring the use of the best available technology 
to ensure the complete reliability and accuracy of controlled 
substances tests and strict procedures governing the chain 
of custody of specimens collected for controlled substances 
testing; 
(B) the minimum list of controlled substances for which 
individuals may be tested; and 
(C) appropriate standards and procedures for periodic 
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled 
substances testing in carrying out this section; 
(3) require that a laboratory involved in testing under 
this section have the capability and facility, at the laboratory, 
of performing screening and confirmation tests; 
(4) provide that any test indicating the use of alcohol 
or a controlled substance in violation of law or a Government 
regulation be confirmed by a scientifically recognized method 
of testing capable of providing quantitative information about 
alcohol or a controlled substance; 
(5) provide that each specimen be subdivided, secured, 
and labeled in the presence of the tested individual and that 
a part of the specimen be retained in a secure manner to 
prevent the possibility of tampering, so that if the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained part tested by a 2d confirma-
tion test done independently at another certified laboratory 
if the individual requests the 2d confirmation test not later 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1019 
than 3 days after being advised of the results of the first 
confirmation test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations that 
may be necessary and in consultation with the Secretary of 
Health and Human Services; 
(7) provide for the confidentiality of test results and medical 
information (except information about alcohol or a controlled 
substance) of employees, except that this clause does not pre-
vent the use of test results for the orderly imposition of appro-
priate sanctions under this section; and 
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee 
is harassed by being treated differently from other employees 
in similar circumstances. 
(d) TESTING AS PART OF MEDICAL EXAMINATION.—The Secretary 
of Transportation may provide that testing under subsection (a) 
of this section for operators subject to subpart E of part 391 of 
title 49, Code of Federal Regulations, be conducted as part of 
the medical examination required under that subpart. 
(e) REHABILITATION.—The Secretary of Transportation shall 
Regulations, 
prescribe regulations establishing requirements for rehabilitation 
programs that provide for the identification and opportunity for 
treatment of operators of commercial motor vehicles who are found 
to have used alcohol or a controlled substance in violation of law 
or a Government regulation. The Secretary shall decide on the 
circumstances under which those operators shall be required to 
participate in a program. This section does not prevent a motor 
carrier from establishing a program under this section in coopera-
tion with another motor carrier. 
(f) SANCTIONS.—^The Secretary of Transportation shall decide 
on appropriate sanctions for a commercial motor vehicle operator 
who is found, based on tests conducted and confirmed under this 
section, to have used alcohol or a controlled substance in violation 
of law or a Government regulation but who is not under the influ-
ence of alcohol or a controlled substance as provided in this chapter. 
(g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.— 
A State or local government may not prescribe or continue in 
effect a law, regulation, standard, or order that is inconsistent 
with regulations prescribed under this section. However, a regula-
tion prescribed under this section may not be construed to preempt 
a State criminal law that imposes sanctions for reckless conduct 
leading to loss of life, injury, or damage to property. 
(h) 
INTERNATIONAL OBLIGATIONS AND FOREIGN 
LAWS.—In 
prescribing regulations under this section, the Secretary of 
Transportation— 
(1) shall establish only requirements that are consistent 
with international obligations of the United States; and 
(2) shall consider applicable laws and regulations of foreign 
countries. 
(i) OTHER REGULATIONS ALLOWED.—This section does not pre-
vent the Secretary of Transportation from continuing in effect, 
amending, or further supplementing a regulation prescribed before 
October 28, 1991, governing the use of alcohol or a controlled 
substance by commercial motor vehicle employees. 
108 STAT. 1020 
PUBLIC LAW 103-272—JULY 5, 1994 
(j) APPLICATION OF PENALTIES.—^This section does not supersede 
a penalty applicable to an operator of a commercial motor vehicle 
under this chapter or another law. 
§31307. Minimum training requirements for operators of 
longer combination vehicles 
(a) DEFINITION.—In this section, "longer combination vehicle" 
means a vehicle consisting of a truck tractor and more than one 
trailer or semitrailer that operates on the Dwight D. Eisenhower 
System of Interstate and Defense Highways with a gross vehicle 
weight of more than 80,000 pounds. 
(b) REQUIREMENTS.—Not later than December 18, 1994, the 
Secretary of Transportation shall prescribe regulations establishing 
minimum training requirements for operators of longer combination 
vehicles. The training shall include certification of an operator's 
proficiency by an instructor who has met the requirements estab-
lished by the Secretary. 
§ 31308. Commercial driver's license 
Regulations. 
After consultation with the States, the Secretary of Transpor-
tation shall prescribe regulations on minimum uniform standards 
for the issuance of commercial drivers' licenses by the States and 
for information to be contained on each of the licenses. The stand-
ards shall require at a minimum that— 
(1) an individual issued a commercial driver's license pass 
written and driving tests for the operation of a commercial 
motor vehicle that comply with the minimum standards pre-
scribed by the Secretary under section 31305(a) of this title; 
(2) the license be tamperproof to the maximum extent 
practicable; and 
(3) the license contain— 
(A) the name and address of the individual issued 
the license and a physical description of the individual; 
(B) the social security account number or other number 
or information the Secretary decides is appropriate to iden-
tify the individual; 
(C) the class or type of commercial motor vehicle the 
individual is authorized to operate under the license; 
(D) the name of the State that issued the license; 
and 
(E) the dates between which the license is valid. 
§ 31309. Commercial driver's license information system 
(a) GENERAL REQUIREMENT.—The Secretary of Transportation 
shall make an agreement under subsection (b) of this section for 
the operation of, or establish under subsection (c) of this section, 
an information system that will serve as a clearinghouse and deposi-
tory of information about the licensing, identification, and disquali-
fication of operators of commercial motor vehicles. The Secretary 
shall consult with the States in carrying out this section. 
(b) STATE AGREEMENTS.—If the Secretary decides that an 
information system used by a State or States about the driving 
status of operators of motor vehicles or another State-operated 
information system could be used to carry out this section, and 
the State or States agree to the use of the system for carrying 
out this section, the Secretary may make an agreement with the 
State or States to use the system as provided in this section and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1021 
section 31311(c) of this title. An agreement made under this sub-
section shall contain terms the Secretary considers necessary to 
carry out this chapter. 
(c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not 
make an agreement under subsection (b) of this section, the Sec-
retary shall establish an information system about the driving 
status and licensing of operators of commercial motor vehicles as 
provided in this section. 
(d) CONTENTS.—(1) At a minimum, the information system 
under this section shall include for each operator of a commercial 
motor vehicle— 
(A) information the Secretary considers appropriate to 
ensure identification of the operator; 
(B) the name, address, and physical description of the 
operator; 
(C) the social security account number of the operator 
or other number or information the Secretary considers appro-
priate to identify the operator; 
(D) the name of the State that issued the license to the 
operator; 
(E) the dates between which the license is valid; and 
(F) whether the operator had a commercial motor vehicle 
driver's license revoked, suspended, or canceled by a State, 
lost the right to operate a commercial motor vehicle in a State 
for any period, or has been disqualified from operating a 
commercial motor vehicle. 
(2) Not later than December 31, 1990, the Secretary shall Regulations, 
prescribe regulations on minimum uniform 
standards for a 
biometric identification system to ensure the identification of opera-
tors of commercial motor vehicles. 
(e) AVAILABILITY OF INFORMATION.—(1) On request of a State, 
the Secretary or the operator of the information system, as the 
case may be, may make available to the State information in 
the information system under this section. 
(2) On request of an employee, the Secretary or the operator 
of the information system, as the case may be, may make available 
to the employee information in the information system about the 
employee. 
(3) On request of an employer or prospective employer of an 
employee and after notification to the employee, the Secretary or 
the operator of the information system, as the case may be, may 
make available to the employer or prospective employer information 
in the information system about the employee. 
(4) On the request of the Secretary, the operator of the informa-
tion system shall make available to the Secretary information about 
the driving status and licensing of operators of commercial motor 
vehicles (including information required by subsection (d)(1) of this 
section). 
(f) FEE SYSTEM.—If the Secretary establishes an information 
system under this section, the Secretary shall establish a fee system 
for using the information system. Fees collected under this sub-
section in a fiscal year shall equal as nearly as possible the costs 
of operating the information system in that fiscal year. The Sec-
retary shall deposit fees collected under this subsection in the 
Highway Trust Fund (except the Mass Transit Account). 
108 STAT. 1022 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 31310. Disqualifications 
(a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, 
the blood alcohol concentration level at or above which an individual 
when operating a commercial motor vehicle is deemed to be driving 
under the influence of alcohol is .04 percent. 
(b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as 
provided in paragraph (2) of this subsection and subsection (c) 
of this section, the Secretary of Transportation shall disqualify 
from operating a commercial motor vehicle for at least one year 
an individual— 
(A) committing a first violation of driving a commercial 
motor vehicle under the influence of alcohol or a controlled 
substance; 
(B) committing a first violation of leaving the scene of 
an accident involving a commercial motor vehicle operated by 
the individual; or 
(C) using a commercial motor vehicle in committing a felony 
(except a felony described in subsection (d) of this section). 
(2) If the vehicle involved in a violation referred to in paragraph 
(1) of this subsection is transporting hazardous material required 
to be placarded under section 5103 of this title, the Secretary 
shall disqualify the individual for at least 3 years. 
(c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to para-
graph (2) of this subsection, the Secretary shall disqualify from 
operating a commercial motor vehicle for life an individual— 
(A) committing more than one violation of driving a 
commercial motor vehicle under the influence of alcohol or 
a controlled substance; 
(B) committing more than one violation of leaving the scene 
of an accident involving a commercial motor vehicle operated 
by the individual; 
(C) using a commercial motor vehicle in committing more 
than one felony arising out of different criminal episodes; or 
(D) committing any combination of single violations or use 
described in clauses (A)-(C) of this paragraph. 
(2) The Secretary may prescribe regulations establishing guide-
lines (including conditions) under which a disqualification for life 
under paragraph (1) of this subsection may be reduced to a period 
of not less than 10 years. 
(d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall 
disqualify from operating a commercial motor vehicle for life an 
individual who uses a commercial motor vehicle in committing 
a felony involving manufacturing, distributing, or dispensing a con-
trolled substance, or possession with intent to manufacture, distrib-
ute, or dispense a controlled substance. 
(e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Secretary shall dis-
qualify from operating a commercial motor vehicle for at least 
60 days an individual who, in a 3-year period, commits 2 serious 
traffic violations involving a commercial motor vehicle operated 
by the individual. 
(2) The Secretary shall disqualify from operating a commercial 
motor vehicle for at least 120 days an individual who, in a 3-
year period, commits 3 serious traffic violations involving a commer-
cial motor vehicle operated by the individual. 
(f) STATE DISQUALIFICATION.—Notwithstanding subsections (b)-
(e) of this section, the Secretary does not have to disqualify an 
individual from operating a commercial motor vehicle if the State 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1023 
that issued the individual a license authorizing the operation has 
disqualified the individual from operating a commercial motor 
vehicle under subsections (b)-(e). Revocation, suspension, or can-
cellation of the license is deemed to be disqualification under this 
subsection. 
(g) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5 Regulations, 
of title 49, Code of Federal Regulations, the Secretary shall prescribe 
regulations establishing and enforcing an out-of-service period of 
24 hours for an individual who violates section 392.5. An individual 
may not violate an out-of-service order issued under those regula-
tions. 
(B) The Secretary shall prescribe regulations establishing and 
enforcing requirements for reporting out-of-service orders issued 
under regulations prescribed under subparagraph (A) of this para-
graph. Regulations prescribed under this subparagraph 
shall 
require at least that an operator of a commercial motor vehicle 
who is issued an out-of-service order to report the issuance to 
the individual's employer and to the State that issued the operator 
a driver's license. 
(2) Not later than December 18, 1992, the Secretary shall 
prescribe regulations establishing sanctions and penalties related 
to violations of out-of-service orders by individuals operating 
commercial motor vehicles. The regulations shall require at least 
that— 
(A) an operator of a commercial motor vehicle found to 
have committed a first violation of an out-of-service order shall 
be disqualified from operating such a vehicle for at least 90 
days and liable for a civil penalty of at least $1,000; 
(B) an operator of a commercial motor vehicle found to 
have committed a 2d violation of an out-of-service order shall 
be disqualified from operating such a vehicle for at least one 
year and not more than 5 years and liable for a civil penalty 
ofat least $1,000; and 
(C) an employer that knowingly allows or requires an 
employee to operate a commercial motor vehicle in violation 
of an out-of-service order shall be liable for a civil penalty 
of not more than $10,000. 
§ 31311. Requirements for State participation 
(a) GENERAL.—To avoid having amounts withheld from appor-
tionment under section 31314 of this title, a State shall comply 
with the following requirements: 
(1) The State shall adopt and carry out a program for 
testing and ensuring the fitness of individuals to operate 
commercial motor vehicles consistent with the minimum stand-
ards prescribed by the Secretary of Transportation under sec-
tion 31305(a) of this title. 
(2) The State may issue a commercial driver's license to 
an individual only if the individual passes written and driving 
tests for the operation of a commercial motor vehicle that 
comply with the minimum standards. 
(3) The State shall have in effect and enforce a law provid-
ing that an individual with a blood alcohol concentration level 
at or above the level established by section 31310(a) of this 
title when operating a commercial motor vehicle is deemed 
to be driving under the influence of alcohol. 
108 STAT. 1024 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) The State shall authorize an individual to operate a 
commercial motor vehicle only by issuing a commercial driver's 
license containing the information described in section 31308(3) 
of this title. 
(5) At least 60 days before issuing a commercial driver's 
license (or a shorter period the Secretary prescribes by regula-
tion), the State shall notify the Secretary or the operator of 
the information system under section 31309 of this title, as 
the case may be, of the proposed issuance of the license and 
other information the Secretary may require to ensure identi-
fication of the individual applying for the license. 
(6) Before issuing a commercial driver's license to an 
individual, the State shall request from any other State that 
has issued a commercial driver's license to the individual all 
information about the driving record of the individual. 
(7) Not later than 30 days after issuing a commercial 
driver's license, the State shall notify the Secretary or the 
operator of the information system under section 31309 of this 
title, as the case may be, of the issuance. 
(8) Not later than 10 days after disqualifying the holder 
of a commercial driver's license from operating a commercial 
motor vehicle (or after revoking, suspending, or canceling the 
license) for at least 60 days, the State shall notify the Secretary 
or the operator of the information system under section 31309 
of this title, as the case may be, and the State that issued 
the license, of the disqualification, revocation, suspension, or 
cancellation. 
(9) If an individual operating a commercial motor vehicle 
violates a State or local law on motor vehicle traffic control 
(except a parking violation) and the individual has a driver's 
license issued by another State, the State in which the violation 
occurred shall notify a State official designated by the issuing 
State of the violation not later than 10 days after the date 
the individual is found to have committed the violation. 
(10) The State may not issue a commercial driver's license 
to an individual during a period in which the individual is 
disqualified from operating a commercial motor vehicle or the 
individual's driver's license is revoked, suspended, or canceled. 
(11) The State may issue a commercial driver's license 
to an individual who has a commercial driver's license issued 
by another State only if the individual first returns the driver's 
license issued by the other State. 
(12) The State may issue a commercial driver's license 
only to an individual who operates or will operate a commercial 
motor vehicle and is domiciled in the State, except that, under 
regulations the Secretary shall prescribe, the State may issue 
a commercial driver's license to an individual who operates 
or will operate a commercial motor vehicle and is not domiciled 
in a State that issues commercial drivers' licenses. 
(13) The State shall impose penalties the State considers 
appropriate and the Secretary approves for an individual 
operating a commercial motor vehicle when the individual— 
(A) does not have a commercial driver's license; 
(B) has a driver's license revoked, suspended, or can-
celed; or 
(C) is disqualified from operating a commercial motor 
vehicle. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1025 
(14) The State shall allow an individual to operate a 
commercial motor vehicle in the State if— 
(A) the individual has a commercial driver's license 
issued by another State under the minimum standards 
prescribed by the Secretary under section 31305(a) of this 
title; 
(B) the license is not revoked, suspended, or canceled; 
and 
(C) the individual is not disqualified from operating 
a commercial motor vehicle. 
(15) The State shall disqualify an individual from operating 
a commercial motor vehicle for the same reasons and time 
periods for which the Secretary shall disqualify the individual 
under section 31310(b)-(e) of this title. 
(16)(A) Before issuing a commercial driver's license to an 
individual, the State shall request the Secretary for information 
from the National Driver Register maintained under chapter 
303 of this title (ai'ter the Secretary decides the Register is 
operational) on whether the individual— 
(i) has been disqualified from operating a motor vehicle 
(except a commercial motor vehicle); 
(ii) has had a license (except a license authorizing 
the individual to operate a commercial motor vehicle) 
revoked, suspended, or canceled for cause in the 3-year 
period ending on the date of application for the commercial 
driver's license; or 
(iii) has been convicted of an offense specified in section 
30304(a)(3) of this title. 
(B) The State shall give full weight and consideration to 
that information in deciding whether to issue the individual 
a commercial driver's license. 
(17) The State shall adopt and enforce regulations pre-
scribed by the Secretary under section 31310(g)(1)(A) and (2) 
of this title. 
(b) STATE SATISFACTION OF REQUIREMENTS.—A State may sat-
isfy the requirements of subsection (a) of this section that the 
State disqualify an individual from operating a commercial motor 
vehicle by revoking, suspending, or canceling the driver's license 
issued to the individual. 
(c) NOTIFICATION.—Not later than 30 days after being notified 
by a State of the proposed issuance of a commercial driver's license 
to an individual, the Secretary or the operator of the information 
system under section 31309 of this title, as the case may be, 
shall notify the State whether the individual has a commercial 
driver's license issued by another State or has been disqualified 
from operating a commercial motor vehicle by another State or 
the Secretary. 
§ 31312. Grants for testing and ensuring the Htness of opera-
tors of commercial motor vehicles 
(a) BASIC GRANTS.—(1) The Secretary of Transportation may 
make a grant to a State under this subsection if the State— 
(A) makes an agreement with the Secretary— 
(i) to adopt and carry out in the fiscal year in which 
the grant is made a program for testing and ensuring 
the fitness of individuals who operate commercial motor 
108 STAT. 1026 
PUBLIC LAW 103-272—JULY 5, 1994 
vehicles under the minimum standards prescribed by the 
Secretary under section 31305(a) of this title; and 
(ii) to require that operators of commercial motor 
vehicles have passed written and driving tests that meet 
the minimum standards; and 
(B) has in effect and enforces in that fiscal year a law 
providing that an individual with a blood alcohol concentration 
of at least .10 percent when operating a commercial motor 
vehicle is deemed to be driving under the influence of alcohol. 
(2) A State may— 
(A) administer driving tests referred to in paragraph (1) 
of this subsection and section 31311(a) of this title; or 
(B) make an agreement, approved by the Secretary, for 
the tests to be administered by a person (including a depart-
ment, agency, or instrumentality of a local government) that 
meets minimum standards the Secretary prescribes by regula-
tion if— 
(i) the agreement allows the Secretary and the State 
each to conduct random examinations, inspections, and 
audits of the testing without prior notification; and 
(ii) the State annually conducts at least one onsite 
inspection of the testing. 
(3) The Secretary shall decide on the amount of a grant in 
a fiscal year to be made under this subsection to a State eligible 
to receive the grant in the fiscal year. However— 
(A) a grant to a State under this subsection shall be at 
least $100,000 in a fiscal year; and 
(B) to the extent each State grant under this subsection 
is more than $100,000 in a fiscal year, the Secretary shall 
ensure that those States are treated equitably. 
(4) A State receiving a grant under this subsection may use 
the amounts provided under the grant only to test operators of 
commercial motor vehicles. 
(5) There is available to the Secretary to carry out this sub-
section $ 
from amounts made available under section 
31104 of this title for the fiscal year ending September 30, 19 . 
(b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a 
grant under this subsection in a fiscal year to a State eligible 
to receive a grant under subsection (a) of this section in that 
fiscal year. A grant made under this subsection shall be used 
for testing operators of commercial motor vehicles. 
(2) Amounts of grants under this subsection shall be distributed 
among the States eligible to receive grants under subsection (a) 
of this section in the fiscal year on the basis of the number of 
written and driving tests administered, and the number of drivers' 
licenses for the operation of commercial motor vehicles issued, in 
the prior fiscal year. 
(3) There is available to the Secretary to carry out this sub-
section $ 
from amounts made available under section 
31104 of this title for the fiscal year ending September 30, 19 . 
(c) MAINTENANCE OF EXPENDITURES.—The Secretary may make 
a grant to a State under this section only if the State agrees 
that the total expenditure of amounts of the State and political 
subdivisions of the State, exclusive of United States Government 
amounts, for testing operators of commercial motor vehicles will 
be maintained at a level at least equal to the average level of 
that expenditure for its last 2 fiscal years before October 27, 1986. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1027 
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available 
to a State under this section remain available for obligation by 
the State for the fiscal year for which the amounts are made 
available. Any of those amounts not obligated before the last day 
of that fiscal year are no longer available for obligation by the 
State and are available to the Secretary to carry out this chapter. 
(2) Amounts made available to the Secretary under this section 
remain available until expended. 
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—^Approval by the 
Secretary of a grant to a State under this section is a contractual 
obligation of the Government for pa3anent of the amount of the 
grant. 
(D TESTING AND FITNESS PROGRAM STUDIES.—In this section, 
development of a program for testing and ensuring the fitness 
of individuals who operate commercial motor vehicles includes 
studies o
f
— 
(1) the number of vehicles that will need to be tested 
under the program in a calendar year; 
(2) facilities at which testing of those individuals could 
be conducted; and 
(3) additional resources (including personnel) that will be 
necessary to conduct the testing. 
§ 31313. Grants for issuing commercial drivers' licenses and 
complying with State participation requirements 
(a) GENERAL AUTHORITY.—The Secretary of Transportation may 
make a grant under this section to a State in a fiscal year if 
the State makes an agreement with the Secretary to participate 
in that fiscal year in the commercial driver's license program estab-
lished by this chapter and the information system required by 
section 31309 of this title and to comply with the requirements 
of section 31311(a) of this title. 
(b) AMOUNTS OF GRANTS.—The Secretary shall decide on the 
amount of a grant in a fiscal year to be made under this section 
to a State eligible to receive the grant in the fiscal year. However— 
(1) a grant to a State under this section shall be at least 
$100,000 in a fiscal year; and 
(2) to the extent each State grant under this section is 
more than $100,000 in a fiscal year, the Secretary shall ensure 
that those States are treated equitably. 
(c) LIMITATION ON USE.—^A State receiving a grant under this 
section may use the amounts provided under the grant only for 
issuing commercial drivers' licenses and complying with the require-
ments of section 31311(a) of this title. 
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available 
to a State under this section remain available for obligation by 
the State for the fiscal year for which the amounts are made 
available. Any of those amounts not obligated before the last day 
of that fiscal year are no longer available for obligation by the 
State and are available to the Secretary to carry out this chapter. 
(2) Amounts made available to the Secretary under this section 
remain available until expended. 
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the 
Secretary of a grant to a State under this section is a contractual 
obligation of the United States Government for payment of the 
amount of the grant. 
108 STAT. 1028 
PUBLIC LAW 103-272—JULY 5, 1994 
(f) AUTHORIZATION.—There is available to the Secretary to carry 
out this section $ 
from amounts made available under 
section 31104 of this title for the fiscal year ending September 
30, 19_. 
§ 31314. Withholding amounts for State noncompliance 
(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall 
withhold 5 percent of the amount required to be apportioned to 
a State under section 104(b)(1), (2), (5), and (6) of title 23 on 
the first day of the fiscal year after the first fiscal year beginning 
after September 30, 1992, throughout which the State does not 
comply substantially with a requirement of section 31311(a) of 
this title. 
(b) SECOND FISCAL YEAR.—The Secretary shall withhold 10 
percent of the amount required to be apportioned to a State under 
section 104(b)(1), (2), (5), and (6) of title 23 on the first day of 
each fiscal year after the 2d fiscal year beginning after September 
30, 1992, throughout which the State does not comply substantially 
with a requirement of section 31311(a) of this title. 
(c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld 
under this section from apportionment to a State before October 
1, 1995, remain available for apportionment to the State as follows: 
(A) If the amounts would have been apportioned under 
section 104(b)(5)(B) of title 23 but for this section, the amounts 
remain available until the end of the 2d fiscal year following 
the fiscal year for which the amounts are authorized to be 
appropriated. 
(B) If the amounts would have been apportioned under 
section 104(b)(1), (2), or (6) of title 23 but for this section, 
the amounts remain available until the end of the 3d fiscal 
year following the fiscal year for which the amounts are author-
ized to be appropriated. 
(2) Amounts withheld under this section from apportionment 
to a State after September 30, 1995, are not available for apportion-
ment to the State. 
(d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last 
day of the period for which amounts withheld under this section 
from apportionment are to remain available for apportionment to 
a State under subsection (c)(1) of this section, the State substan-
tially complies with all of the requirements of section 31311(a) 
of this title for a period of 365 days, the Secretary, on the day 
following the last day of that period, shall apportion to the State 
the withheld amounts remaining available for apportionment to 
that State. 
(2) Amounts apportioned under paragraph (1) of this subsection 
remain available for expenditure until the end of the 3d fiscal 
year following the fiscal year in which the amounts are apportioned. 
Amounts not obligated at the end of that period lapse or, for 
amounts apportioned under section 104(b)(5) of title 23, lapse and 
are available for projects under section 118(b) of title 23. 
(e) LAPSE.—If, at the end of the period for which amounts 
withheld under this section from apportionment are available for 
apportionment to a State under subsection (c)(1) of this section, 
the State has not substantially complied with all of the require-
ments of section 31311(a) of this title for a 365-day period, the 
amounts lapse or, for amounts withheld from apportionment under 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1029 
section 104(b)(5) of title 23, the amounts lapse and are available 
for projects under section 118(b) of title 23. 
§31315. Waiver authority 
After notice and an opportunity for comment, the Secretary 
of Transportation may waive any part of this chapter or a regulation 
prescribed under this chapter as it applies to a class of individuals 
or commercial motor vehicles if the Secretary decides the waiver 
is not contrary to the public interest and does not diminish the 
safe operation of commercial motor vehicles. A waiver under this Federal 
section shall be published in the Federal Register with reasons Register, 
for the waiver. 
publication. 
§ 31316. Limitation on statutory construction 
This chapter does not affect the authority of the Secretary 
of Transportation to regulate commercial motor vehicle safety 
involving motor vehicles with a gross vehicle weight rating of less 
than 26,001 pounds or a lesser gross vehicle weight rating the 
Secretary decides is appropriate under section 31301(4)(A) of this 
title. 
§ 31317. Procedure for prescribing regulations 
Regulations prescribed by the Secretary of Transportation to 
carry out this chapter (except section 31307) shall be prescribed 
under section 553 of title 5 without regard to sections 556 and 
557 of title 5. 
CHAPTER 315—MOTOR CARRIER SAFETY 
Sec. 
31501. 
Definitions. 
31502. Requirements for qualifications, hours of service, safety, and equipment 
standards. 
31503. Research, investigation, and testing. 
31504. Identification of motor vehicles. 
§ 31501. Definitions 
In this chapter— 
(1) "migrant worker" means an individual going to or from 
employment in agriculture as provided under section 3121(g) 
of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or 
section 203(f) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(0). 
(2) "motor carrier", "motor common carrier", "motor private 
carrier", "motor vehicle", and "United States" have the same 
meanings given those terms in section 10102 of this title. 
(3) "motor carrier of migrant workers"— 
(A) means a person (except a motor common carrier) 
providing transportation referred to in section 10521(a) 
of this title by a motor vehicle (except a passenger auto-
mobile or station wagon) for at least 3 migrant workers 
at a time to or from their employment; but 
(B) does not include a migrant worker providing 
transportation for migrant workers and their immediate 
families. 
§31502. Requirements for qualifications, hours of service, 
safety, and equipment standards 
(a) APPLICATION.—This section applies to transportation— 
108 STAT. 1030 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) described in sections 10521 and 10522 of this title; 
and 
(2) to the extent the transportation is in the United States 
and is between places in a foreign country, or between a place 
in a foreign country and a place in another foreign country. 
(b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIRE-
MENTS.—The Secretary of Transportation may prescribe require-
ments for— 
(1) qualifications and maximum hours of service of employ-
ees of, and safety of operation and equipment of, a motor 
carrier; and 
(2) qualifications and maximum hours of service of employ-
ees of, and standards of equipment of, a motor private carrier, 
when needed to promote safety of operation. 
(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The 
Secretary may prescribe requirements for the comfort of passengers, 
qualifications and maximum hours of service of operators, and 
safety of operation and equipment of a motor carrier of migrant 
workers. The requirements only apply to a carrier transporting 
a migrant worker— 
(1) at least 75 miles; and 
(2) across the boundary of a State, territory, or possession 
of the United States. 
(d) CONSIDERATIONS.—Before prescribing or revising any 
requirement under this section, the Secretary shall consider the 
costs and benefits of the requirement. 
§ 31503. Research, investigation, and testing 
(a) GENERAL AUTHORITY.—^The Secretary of Transportation may 
investigate and report on the need for regulation by the United 
States Government of sizes, weight, and combinations of motor 
vehicles and qualifications and maximum hours of service of employ-
ees of a motor carrier subject to subchapter II of chapter 105 
of this title and a motor private carrier. The Secretary shall use 
the services of each department, agency, or instrumentality of the 
Government and each organization of motor carriers having special 
knowledge of a matter being investigated. 
(b) USE OF SERVICES.—In carrying out this chapter, the Sec-
retary may use the services of a department, agency, or instrumen-
tality of the Government having special knowledge about safety, 
to conduct scientific and technical research, investigation, and test-
ing when necessary to promote safety of operation and equipment 
of motor vehicles. The Secretary may reimburse the department, 
agency, or instrumentality for the services provided. 
§31504. Identification of motor vehicles 
(a) GENERAL AUTHORITY.—The Secretary of Transportation 
m a y -
CD issue and require the display of an identification plate 
on a motor vehicle used in transportation provided by a motor 
private carrier and a motor carrier of migrant workers subject 
to section 31502(c) of this title, except a motor contract carrier; 
and 
y 
(2) require each of those motor private carriers and motor 
carriers of migrant workers to pay the reasonable cost of the 
plate. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1031 
(b) LIMITATION.—A motor private carrier or a motor carrier 
of migrant workers may use an identification plate only as author-
ized by the Secretary. 
CHAPTER 
317—PARTICIPATION 
IN 
INTERNATIONAL 
REGISTRATION PLAN AND INTERNATIONAL FUEL TAX 
AGREEMENT 
Sec. 
31701. 
31702. 
31703. 
31704. 
31705. 
31706. 
31707. 
31708. 
Definitions. 
Working group. 
Grants. 
* 
Vehicle registration. 
Fuel use tax. 
Enforcement. 
Limitations on statutory construction. 
Authorization of appropriations. 
§31701. Definitions 
In this chapter— 
(1) "commercial motor vehicle", v^ith respect to— 
(A) the International Registration Plan, has the same 
meaning given the term "apportionable vehicle" under the 
Plan; and 
(B) the International Fuel Tax Agreement, has the 
same meaning given the term "qualified motor vehicle" 
under the Agreement. 
(2) "fuel use tax" means a tax imposed on or measured 
by the consumption of fuel in a motor vehicle. 
(3) "International Fuel Tax Agreement" means the inter-
state agreement on collecting and distributing fuel use taxes 
paid by motor carriers, developed under the auspices of the 
National Governors' Association. 
(4) "International Registration Plan" means the interstate 
agreement on apportioning vehicle registration fees paid by 
motor carriers, developed by the American Association of Motor 
Vehicle Administrators. 
(5) "Regional Fuel Tax Agreement" means the interstate 
agreement on collecting and distributing fuel use taxes paid 
by motor carriers in the States of Maine, Vermont, and New 
Hampshire. 
(6) "State" means the 48 contiguous States and the District 
of Columbia. 
§31702. Working group 
(a) ESTABLISHMENT.—The Secretary of Transportation shall 
establish a working group of State and local government officials, 
including representatives of the National Governors' Association, 
the American Association of Motor Vehicle Administrators, the 
National Conference of State Legislatures, the Federation of Tax 
Administrators, and the Board of Directors for the International 
Fuel Tax Agreement, and a representative of the Regional Fuel 
Tax Agreement. 
(b) PURPOSES.—The purposes of the working group are— 
(1) to propose procedures to resolve disputes among States 
participating in the International Registration Plan and among 
States participating in the International Fuel Tax Agreement, 
including designating the Secretary or any other person to 
resolve the disputes; and 
108 STAT. 1032 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) to provide technical assistance to States participating 
or seeking to participate in the Plan or Agreement. 
(c) CONSULTATION REQUIREMENT.—In carrying out subsection 
(b) of this section, the working group shall consult with members 
of the motor carrier industry. 
(d) REPORT.—(1) Not later than December 18, 1993, the working 
group shall submit a report to— 
(A) the Secretary; 
(B) the Committee on Commerce, Science, and Transpor-
tation of the Senate; 
(C) the Committee on Public Works and Transportation 
of the House of Representatives; 
(D) the Committee on the Judiciary of the House of Rep-
resentatives; 
(E) the States participating in the International Registra-
tion Plan; and 
(F) the States participating in the International Fuel Tax 
Agreement. 
(2) The report shall contain a detailed statement of the working 
group's findings and conclusions and its joint recommendations 
about the matters referred to in subsection (b) of this section. 
After submitting the report, the working group periodically may 
review and modify the findings and conclusions and the joint rec-
ommendations as appropriate and submit a report containing the 
modifications to the Secretary and the committees specified in para-
graph (1) of this subsection. 
(e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the working 
group. 
§31703. Grants 
(a) GENERAL AUTHORITY.—The Secretary of Transportation may 
make grants to States and appropriate persons to facilitate partici-
pation in the International Registration Plan and the International 
Fuel Tax Agreement and to make administrative improvements 
in any other base State fuel use tax agreement in existence as 
of January 1, 1991. A grant may include amounts for technical 
assistance, personnel training, travel costs, and technology and 
equipment associated with the participation. 
(b) CONTRACTUAL OBLIGATION.—^Approval by the Secretary of 
a grant with amounts made available under this section is a contrac-
tual obligation of the United States Government for payment of 
the Government's share of the grant. 
§ 31704. Vehicle registration 
After September 30, 1996, a State that is not participating 
in the International Registration Plan may not establish, maintain, 
or enforce a commercial motor vehicle registration law, regulation, 
or agreement that limits the operation in that State of a commercial 
motor vehicle that is not registered under the laws of the State, 
if the vehicle is registered under the laws of a State participating 
in the Plan. 
§31705. Fuel use tax 
(a) REPORTING REQUIREMENTS.—^After September 30, 1996, a 
State may establish, maintain, or enforce a law or regulation that 
has a fuel use tax reporting requirement (including any tax report-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1033 
ing form) only if the requirement conforms with the International 
Fuel Tax Agreement. 
(b) PAYMENT.—^After September 30, 1996, a State may establish, 
maintain, or enforce a law or regulation that provides for the 
payment of a fuel use tax only if the law or regulation conforms 
with the International Fuel Tax Agreement as it applies to collection 
of a fuel use tax by a single base State and proportional sharing 
of fuel use taxes charged among the States where a commercial 
motor vehicle is operated. 
(c) LIMITATION.—If the International Fuel Tax Agreement is 
amended, a State not participating in the Agreement when the 
amendment is made is not subject to the conformity requirements 
of subsections (a) and (b) of this section in regard to the amendment 
until after a reasonable time, but not earlier than the expiration 
of— 
(1) the 365-day period beginning on the first day that 
States participating in the Agreement are required to comply 
with the amendment; or 
(2) the 365-day period beginning on the day the relevant 
office of the State receives written notice of the amendment 
from the Secretary of Trsinsportation. 
(d) NONAPPLICATION.—This section does not apply to a State 
that was participating in the Regional Fuel Tax Agreement on 
January 1, 1991, and that continues to participate in that Agree-
ment after that date. 
§31706. Enforcement 
(a) CIVIL ACTIONS.—On request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in a court 
of competent jurisdiction to enforce compliance with sections 31704 
and 31705 of this title. 
(b) VENUE.—^An action under this section may be brought only 
in the State in which an order is required to enforce compliance. 
(c) RELIEF.—Subject to section 1341 of title 28, the court, on 
a proper showing— 
(1) shall issue a temporary restraining order or a prelimi-
nary or permanent injunction; and 
(2) may require by the injunction that the State or any 
person comply with sections 31704 and 31705 of this title. 
§ 31707. Limitations on statutory construction 
Sections 31704 and 31705 of this title do not limit the amount 
of money a State may charge for registration of a commercial 
motor vehicle or the amount of any fuel use tax a State may 
impose. 
§ 31708. Authorization of appropriations 
(a) GENERAL.—From amounts made available under section 
31104 of this title, the Secretary of Transportation shall provide 
the following amounts for each of the fiscal years ending September 
30, 1993-1997: 
(1) $1,000,000 for activities of the working group under 
section 31702 of this title. 
(2) $5,000,000 for grants under section 31703 of this title. 
(b) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
this section remain available until expended. 
108 STAT. 1034 
PUBLIC LAW 103-272—JULY 5, 1994 
PART C—INFORMATION, STANDARDS, AND 
REQUIREMENTS 
CHAPTER 321—GENERAL 
Sec. 
32101. 
Definitions. 
32102. Authorization of appropriations. 
§32101. Definitions 
In this part (except section 32304 and chapter 329)— 
(1) "bumper standard" means a minimum performance 
standard that substantially reduces— 
(A) the damage to the front or rear end of a passenger 
motor vehicle from a low-speed collision (including a colli-
sion with a fixed barrier) or from towing the vehicle; or 
(B) the cost of repairing the damage. 
(2) "insurer" means a person in the business of issuing, 
or reinsuring any part of, a passenger motor vehicle insurance 
policy. 
(3) "interstate commerce" means commerce between a place 
in a State and— 
(A) a place in another State; or 
(B) another place in the same State through another 
State. 
(4) "make", when describing a passenger motor vehicle, 
means the trade name of the manufacturer of the vehicle. 
(5) "manufacturer" means a person— 
(A) manufacturing or assembling passenger motor 
vehicles or passenger motor vehicle equipment; or 
(B) importing motor vehicles or motor vehicle equip-
ment for resale. 
(6) "model", when describing a passenger motor vehicle, 
means a category of passenger motor vehicles based on the 
size, style, and type of a make of vehicle. 
(7) "motor vehicle" means a vehicle driven or drawn by 
mechanical power and manufactured primarily for use on public 
streets, roads, and highways, but does not include a vehicle 
operated only on a rail line. 
(8) "motor vehicle accident" means an accident resulting 
from the maintenance or operation of a passenger motor vehicle 
or passenger motor vehicle equipment. 
(9) "multipurpose passenger vehicle" means a passenger 
motor vehicle constructed on a truck chassis or with special 
features for occasional off-road operation. 
(10) "passenger motor vehicle" means a motor vehicle with 
motive power designed to carry not more than 12 individuals, 
but does not include— 
(A) a motorcycle; or 
(B) a truck not designed primarily to carry its operator 
or passengers. 
(11) "passenger motor vehicle equipment" means— 
(A) a system, part, or component of a passenger motor 
vehicle as originally made; 
(B) a similar part or component made or sold for 
replacement or improvement of a system, part, or compo-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1035 
nent, or as an accessory or addition to a passenger motor 
vehicle; or 
(C) a device made or sold for use in towing a passenger 
motor vehicle. 
(12) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
American Samoa, and the Virgin Islands. 
(13) "United States district court" means a district court 
of the United States, a United States court for Guam, the 
Virgin Islands, and American Samoa, and the district court 
for the Northern Mariana Islands. 
§32102. Authorization of appropriations 
The following amounts may be appropriated to the Secretary 
of Transportation for the National Highway Traffic Safety Adminis-
tration to carry out this part: 
(1) $6,731,430 for the fiscal year ending September 30, 
1993. 
(2) $6,987,224 for the fiscal year ending September 30, 
1994. 
(3) $7,252,739 for the fiscal year ending September 30, 
1995. 
CHAPTER 
323—CONSUMER 
INFORMATION 
Sec 
32301. Definitions. 
32302. Passenger motor vehicle information. 
32303. Insurance information. 
32304. Passenger motor vehicle country of origin labeling. 
32305. Information and assistance from other departments, agencies, and instru-
mentalities. 
32306. Personnel. 
32307. Investigative powers. 
32308. General prohibitions, civil penalty, and enforcement. 
32309. Criminal penalty for labeling violations. 
§32301. Definitions 
In this chapter— 
(1) "crashworthiness" means the protection a passenger 
motor vehicle gives its passengers against personal injury or 
death from a motor vehicle accident. 
(2) "damage susceptibility" means the susceptibility of a 
passenger motor vehicle to damage in a motor vehicle accident. 
§ 32302. Passenger motor vehicle information 
(a) INFORMATION PROGRAM.—The Secretary of Transportation 
shall maintain a program for developing the following information 
on passenger motor vehicles: 
(1) damage susceptibility. 
(2) crash 
worthiness. 
(3) the degree of difficulty of diagnosis and repair of damage 
to, or failure of, mechanical and electrical systems. 
(4) vehicle operating costs dependent on the characteristics 
referred to in clauses (l)-(3) of this subsection, including insur-
ance information obtained under section 32303 of this title. 
(b) MOTOR VEHICLE INFORMATION.—TO assist a consumer in 
buying a passenger motor vehicle, the Secretary shall provide to 
the public information developed under subsection (a) of this section. 
The information shall be in a simple and understandable form 
108 STAT. 1036 
PUBLIC LAW 103-272—JULY 5, 1994 
that allows comparison of the characteristics referred to in sub-
section (a)(l)-(3) of this section among the makes and models of 
passenger motor vehicles. The Secretary may require passenger 
motor vehicle dealers to distribute the information to prospective 
buyers. 
Regulations. 
(c) INSURANCE CoST INFORMATION.—The Secretary shall pre-
scribe regulations that require passenger motor vehicle dealers 
to distribute to prospective buyers information the Secretary devel-
ops and provides to the dealers that compares insurance costs 
for different makes and models of passenger motor vehicles based 
on damage susceptibility and crashworthiness. 
§32303. Insurance information 
(a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1) 
In carrying out this chapter, the Secretary of Transportation may 
require an insurer, or a designated agent of the insurer, to make 
reports and provide the Secretary with information. The reports 
and information may include accident claim information by make, 
model, and model year of passenger motor vehicle about the kind 
and extent o
f
— 
(A) physical damage and repair costs; and 
(B) personal injury. 
(2) In deciding which reports and information are to be provided 
under this subsection, the Secretary shall— 
(A) consider the cost of preparing and providing the reports 
and information; 
(B) consider the extent to which the reports and information 
will contribute to carrying out this chapter; and 
(C) consult with State authorities and public and private 
agencies the Secretary considers appropriate. 
(3) To the extent possible, the Secretary shall obtain reports 
and information under this subsection on a voluntary basis. 
(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE 
SUSCEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When 
requested by the Secretary, an insurer shall give the Secretary 
information— 
(1) about the extent to which the insurance premiums 
charged by the insurer are affected by damage susceptibility, 
crashworthiness, and the cost of repair and personal injury, 
for each make and model of passenger motor vehicle; and 
(2) available to the insurer about the effect of damage 
susceptibility, crashworthiness, and the cost of repair and per-
sonal injury for each make and model of passenger motor 
vehicle on the risk incurred by the insurer in insuring that 
make and model. 
(c) DISCLOSURE.—In distributing information received under 
this section, the Secretary may disclose identifying information 
about a person that may be an insured, a claimant, a passenger, 
an owner, a witness, or an individual involved in a motor vehicle 
accident, only with the consent of the person. 
§ 32304. Passenger motor vehicle country of origin labeling 
(a) DEFINITIONS.—In this section— 
(1) "allied supplier" means a supplier of passenger motor 
vehicle equipment that is wholly owned by the manufacturer, 
or if a joint venture vehicle assembly arrangement, a supplier 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1037 
that is wholly owned by one member of the joint venture 
arrangement. 
(2)(A) "carline"— 
(i) means a name given a group of passenger motor 
vehicles that has a degree of commonality in construction 
such as body and chassis; 
(ii) does not consider a level of decor or opulence; 
and 
(iii) except for light duty trucks, is not generally distin-
guished by characteristics such as roof line, number of 
doors, seats, or windows; and 
(B) light duty trucks are different carlines than passenger 
motor vehicles. 
(3) "country of origin", when referring to the origin of 
an engine or transmission, means the country from which the 
largest share of the dollar value added to an engine or trans-
mission has originated— 
(A) with the United States and Canada treated as 
separate countries; and 
(B) the estimate of the percentage of the dollar value 
shall be based on the purchase price of direct materials, 
as received at individual engine or transmission plants, 
of engines of the same displacement and transmissions 
of the same transmission type. 
(4) "dealer" means a person residing or located in the 
United States, including the District of Columbia or a territory 
or possession of the United States, and engaged in selling 
or distributing new passenger motor vehicles to the ultimate 
purchaser. 
(5) "final assembly place" means the plant, factory, or other 
place at which a new passenger motor vehicle is produced 
or assembled by a manufacturer, and from which the vehicle 
is delivered to a dealer or importer with all component parts 
necessary for the mechanical operation of the vehicle included 
with the vehicle, whether or not the component parts are 
permanently installed in or on the vehicle. 
(6) "foreign content" means passenger motor vehicle equip-
ment that is not of United States/Canadian origin. 
(7) "manufacturer" means a person— 
(A) engaged in manufacturing or assembling new pas-
senger motor vehicles; 
(B) importing new passenger motor vehicles for resale; 
or 
(C) acting for and under the control of such a manufac-
turer, assembler, or importer in connection with the dis-
tribution of new passenger motor vehicles. 
(8) "new passenger motor vehicle" means a passenger motor 
vehicle for which a manufacturer, distributor, or dealer has 
never transferred the equitable or legal title to the vehicle 
to an ultimate purchaser. 
(9) "of United States/Canadian origin", when referring to 
passenger motor vehicle equipment, means— 
(A) for an outside supplier, passenger motor vehicle 
equipment whose purchase price contains at least 70 per-
cent value added in the United States and Canada; and 
(B) for an allied supplier, that part of the individual 
passenger motor vehicle equipment whose purchase price 
79-194 O—95—11: QL 3 Part 2 
108 STAT. 1038 
PUBLIC LAW 103-272—JULY 5, 1994 
the manufacturer determines remains after subtracting the 
total of the purchase prices of all material of foreign content 
purchased from outside suppliers, with the determination 
of the United States/Canadian origin or of the foreign con-
r 
tent from outside suppliers being consistent with subclause 
(A) of this clause. 
(10) "outside supplier" means a supplier of passenger motor 
vehicle equipment to a manufacturer's allied supplier, or a 
person other than an allied supplier, who ships directly to 
the manufacturer's final assembly place. 
(11) "passenger motor vehicle" means a motor vehicle with 
motive power, manufactured primarily for use on public streets, 
roads, and highways, and designed to carry not more than 
12 individuals— 
(A) including a multipurpose vehicle or light duty truck 
when the vehicle or truck is rated at not more than 8,500 
pounds gross vehicle weight; but 
(B) not including— 
(i) a motorcycle; 
(ii) a truck not designed primarily to carry its 
operator or passengers; or 
(iii) a vehicle operated only on a rail line. 
(12) "passenger motor vehicle equipment"— 
(A) means a system, subassembly, or component 
received at the final vehicle assembly place for installation 
on, or attachment to, a passenger motor vehicle at the 
time of its first shipment by the manufacturer to a dealer 
for sale to an ultimate purchaser; but 
(B) does not include minor parts (including nuts, bolts, 
clips, screws, pins, braces, and other attachment hardware) 
and other similar items the Secretary of Transportation 
may prescribe by regulation after consulting with manufac-
turers and labor. 
(13) "percentage (by value)", when referring to passenger 
motor vehicle equipment of United States/Canadian origin, 
means the percentage remaining after subtracting the percent-
age (by value) of passenger motor vehicle equipment that is 
not of United States/Canadian origin that will be installed 
or included on those vehicles produced in a carline, from 100 
percent— 
(A) with value being expressed in terms of the purchase 
price; and 
(B) for outside suppliers and allied suppliers, the value 
used is the purchase price of the equipment paid at the 
final assembly place. 
(14) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, Guam, the Canal Zone, American 
Samoa, and the Virgin Islands. 
(15) "value added in the United States and Canada" means 
a percentage determined by subtracting the total purchase price 
of foreign content from the total purchase price, and dividing 
the remainder by the total purchase price, excluding costs 
incurred or profits made at the final assembly place and beyond 
(including advertising, assembly, labor, interest pa3anents, and 
profits), with the following groupings being used: 
(A) engines of same displacement produced at the same 
plant. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1039 
(B) transmissions of the same type produced at the 
same plant. 
(b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of 
a new passenger motor vehicle manufactured after September 30, 
1994, and distributed in commerce for sale in the United States, 
shall establish each year for each model year and cause to be 
attached in a prominent place on each of those vehicles, at least 
one label. The label shall contain the following information: 
(A) the percentage (by value) of passenger motor vehicle 
equipment of United States/Canadian origin installed on 
vehicles in the carline to which that vehicle belongs, identified 
by the words "U.S./Canadian content". 
(B) the final assembly place for that vehicle by city. State 
" (where appropriate) and country. 
(C) if at least 15 percent (by value) of equipment installed 
on passenger motor vehicles in a carline originated in any 
country other than the United States and Canada, the names 
of at least the 2 countries in which the greatest amount (by 
value) of that equipment originated and the percentage (by 
value) of the equipment originating in each country. 
(D) the country of origin of the engine and the transmission 
for each vehicle. 
(2) At the beginning of each model year, each manufacturer 
shall establish the percentages required for each carline to be 
indicated on the label under this subsection. Those percentages 
are applicable to that carline for the entire model year. A manufac-
turer may round those percentages to the nearest 5 percent. 
(3) A manufacturer complying with the requirement of para-
graph (1)(B) of this subsection satisfies the disclosure requirement 
of section 3(b) of the Automobile Information Disclosure Act (15 
U.S.C. 1232(b)). 
(c) DEALER REQUIREMENT.—Each dealer engaged in the sale 
or distribution of a new passenger motor vehicle manufactured 
after September 30, 1994, shall cause to be maintained on that 
vehicle the label required to be attached to that vehicle under 
subsection (b) of this section. 
(d) FORM AND CONTENT OF LABEL.—The Secretary of Transpor- Regulations, 
tation shall prescribe by regulation the form and content of the 
label required under subsection (b) of this section and the manner 
and location in which the label is attached. The Secretary shall 
permit a manufacturer to comply with this section by allowing 
the manufacturer to disclose the information required under sub-
section (b)(1) on the Icibel required by section 3 of the Automobile 
Information Disclosure Act (15 U.S.C. 1232), on the label required 
by section 32908 of this title, or on a separate label that is readily 
visible. 
(e) REGULATIONS.—In consultation with the Secretaries of Com-
merce and the Treasury, the Secretary of Transportation shall 
prescribe regulations necessary to carry out this section, including 
regulations establishing a procedure to verify the label information 
required under subsection (b)(1) of this section. Those regulations 
shall provide the ultimate purchaser of a new passenger motor 
vehicle with the best and most understandable information possible 
about the foreign content and United States/Canadian origin of 
the equipment of the vehicles without imposing costly and unneces-
sary burdens on the manufacturers. The Secretary of Transportation 
shall prescribe the regulations promptly to provide adequate lead 
108 STAT. 1040 
PUBLIC LAW 103-272—JULY 5, 1994 
time for each manufacturer to comply with this section. The regula-
tions shall include provisions applicable to outside suppliers and 
allied suppliers to require those suppliers to certify whether pas-
senger motor vehicle equipment provided by those suppliers is 
of United States origin, of United States/Canadian origin, or of 
foreign content and to provide other information the Secretary 
of Transportation decides is necessary to allow each manufacturer 
to comply reasonably with this section and to rely on that certifi-
cation and information. 
(f) PREEMPTION.—(1) When a label content requirement pre-
scribed under this section is in effect, a State or a political subdivi-
sion of a State may not adopt or enforce a law or regulation 
related to the content of vehicles covered by a requirement under 
this section. 
(2) A State or a political subdivision of a State may prescribe 
requirements related to the content of passenger motor vehicles 
obtained for its own use. 
§ 32305. Information and assistance from other departments, 
agencies, and instrumentalities 
(a) AUTHORITY TO REQUEST.—The Secretary of Transportation 
may request information necessary to carry out this chapter from 
a department, agency, or instrumentality of the United States 
Government. The head of the department, agency, or instrumental-
ity shall provide the information. 
(b) DETAILING PERSONNEL.—The head of a department, agency, 
or instrumentality may detail, on a reimbursable basis, personnel 
to assist the Secretary in carrying out this chapter, 
§32306. Personnel 
(a) GENERAL AUTHORITY.—In carrying out this chapter, the 
Secretary of Transportation may— 
(1) appoint and fix the pay of employees without regard 
to the provisions of title 5 governing appointment in the 
competitive service and chapter 51 and subchapter III of chap-
ter 53 of title 5; and 
(2) make contracts with persons for research and prepara-
tion of reports. 
(b) STATUS OF ADVISORY COMMITTEE MEMBERS.—^A member 
of an advisory committee appointed under section 325 of this title 
to carry out this chapter is a special United States Government 
employee under chapter 11 of title 18. 
§ 32307. Investigative powers 
(a) GENERAL AUTHORITY.—In carrying out this chapter, the 
Secretary of Transportation may— 
(1) inspect and copy records of any person at reasonable 
times; 
(2) order a person to file written reports or answers to 
specific questions, including reports or answers under oath; 
and 
(3) conduct hearings, administer oaths, take testimony, 
and require (by subpena or otherwise) the appearance and 
testimony of witnesses and the production of records the Sec-
retary considers advisable. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1041 
(b) WITNESS FEES AND MILEAGE.—A witness summoned under 
subsection (a) of this section is entitled to the same fee and mileage 
the witness would have been paid in a court of the United States. 
(c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a 
subpena or order of the Secretary under subsection (a) of this 
section may be brought in the United States district court for 
the judicial district in which the proceeding by the Secretary is 
conducted. The court may punish a failure to obey an order of 
the court to comply with the subpena or order of the Secretary 
as a contempt of court. 
(d) CONFIDENTIALITY OF INFORMATION.—Information obtained 
by the Secretary under this section related to a confidential matter 
referred to in section 1905 of title 18 may be disclosed only to 
another officer or employee of the United States Government for 
use in carrying out this chapter. This subsection does not authorize 
information to be withheld from a committee of Congress authorized 
to have the information. 
§ 32308. General prohibitions, civil penalty, and enforcement 
(a) PROHIBITIONS.—A person may not— 
(1) fail to provide the Secretary of Transportation with 
information requested by the Secretary in carrying out this 
chapter; or 
(2) fail to comply with applicable regulations prescribed 
by the Secretary in carrying out this chapter. 
(b) CIVIL PENALTY.—(1) A person that violates subsection (a) 
of this section is liable to the United States Government for a 
civil penalty of not more than $1,000 for each violation. Each 
failure to provide information or comply with a regulation in viola-
tion of subsection (a) is a separate violation. The maximum penalty 
under this subsection for a related series of violations is $400,000. 
(2) The Secretary may compromise the amount of a civil penalty 
imposed under this section. 
(3) In determining the amount of a penalty or compromise, 
the appropriateness of the penalty or compromise to the size of 
the business of the person charged and the gravity of the violation 
shall be considered. 
(4) The Government may deduct the amount of a civil penalty 
imposed or compromised under this section from amounts it owes 
the person liable for the penalty. 
(c) CIVIL ACTIONS To ENFORCE.—(1) The Attorney General may 
bring a civil action in a United States district court to enjoin 
a violation of subsection (a) of this section. 
(2) When practicable, the Secretary shall— 
(A) notify a person against whom an action under this 
subsection is planned; 
(B) give the person an opportunity to present that person's 
views; and 
(C) give the person a reasonable opportunity to comply. 
(3) The failure of the Secretary to comply with paragraph 
(2) of this subsection does not prevent a court from granting appro-
priate relief. 
(d) VENUE AND SERVICE.—^A civil action under this section 
may be brought in the judicial district in which the violation 
occurred or the defendant is found, resides, or does business. Process 
in the action may be served in any other judicial district in which 
108 STAT. 1042 
PUBLIC LAW 103-272—JULY 5, 1994 
the defendant resides or is found. A subpena for a witness in 
the action may be served in any judicial district. 
§ 32309. Criminal penalty for labeling violations 
(a) DEFINITIONS.—The definitions in section 32304 of this title 
apply to this section. 
(b) PENALTIES.—^A manufacturer of a passenger motor vehicle 
distributed in commerce for sale in the United States that willfully 
fails to attach the label required under section 32304 of this title 
to a new passenger motor vehicle that the manufacturer manufac-
tures or imports, or a dealer that fails to maintain that label 
as required under section 32304, is liable to the United States 
Government for a civil penalty of not more than $1,000 for each 
violation. Each failure to attach or maintain that label for each 
vehicle is a separate violation. 
CHAPTER 325—BUMPER STANDARDS 
Sec 
32501. Purpose. 
32502. Bumper standards. 
32503. Judicial review of bumper standards. 
32504. Certificates of compliance. 
32505. Information and compliance requirements. 
32506. Prohibited acts. 
32507. Penalties and enforcement. 
32508. Civil actions by owners of passenger motor vehicles. 
32509. Information and assistance from other departments, agencies, and instru-
mentalities. 
32510. Annual report. 
32511. Relationship to other motor vehicle standards. 
§32501. Purpose 
The purpose of this chapter is to reduce economic loss resulting 
from damage to passenger motor vehicles involved in motor vehicle 
accidents by providing for the maintenance and enforcement of 
bumper standards. 
§ 32502. Bumper standards 
Regulations. 
(a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Sec-
retary of Transportation shall prescribe by regulation bumper stand-
ards for passenger motor vehicles and may prescribe by regulation 
bumper standards for passenger motor vehicle equipment manufac-
tured in, or imported into, the United States. A standard does 
not apply to a passenger motor vehicle or passenger motor vehicle 
equipment— 
(1) intended only for export; 
(2) labeled for export on the vehicle or equipment and 
the outside of any container of the vehicle or equipment; and 
(3) exported. 
(b) LIMITATIONS.—^A standard under this section— 
(1) may not conflict with a motor vehicle safety standard 
prescribed under chapter 301 of this title; 
(2) may not specify a dollar amount for the cost of repairing 
damage to a passenger motor vehicle; and 
(3) to the greatest practicable extent, may not preclude 
the attachment of a detachable hitch. 
(c) EXEMPTIONS.—For good cause, the Secretary may exempt 
from any part of a standard— 
(1) a multipurpose passenger vehicle; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1043 
(2) a make, model, or class of a passenger motor vehicle 
manufactured for a special use, if the standard would interfere 
unreasonably with the special use of the vehicle. 
(d) COST REDUCTION AND CONSIDERATIONS.—When prescribing 
a standard under this section, the Secretary shall design the stand-
ard to obtain the maximum feasible reduction of costs to the public, 
considering— 
(1) the costs and benefits of carrying out the standard; 
(2) the effect of the standard on insurance costs and legal 
fees and costs; 
(3) savings in consumer time and inconvenience; and 
(4) health and safety, including emission standards. 
(e) PROCEDURES.—Section 553 of title 5 applies to a standard 
prescribed under this section. However, the Secretary shall give 
an interested person an opportunity to make oral and written 
presentations of information, views, and arguments. A transcript 
of each oral presentation shall be kept. Under conditions prescribed 
by the Secretary, the Secretary may conduct a hearing to resolve 
an issue of fact material to a standard. 
(f) EFFECTIVE DATE.—The Secretary shall prescribe an effective 
date for a standard under this section. That date may not be 
earlier than the date the standard is prescribed nor later than 
18 months after the date the standard is prescribed. However, 
the Secretary may prescribe a later date when the Secretary sub-
mits to Congress and publishes the reasons for the later date. 
A standard only applies to a passenger motor vehicle or passenger 
motor vehicle equipment manufactured on or after the effective 
date. 
(g) RESEARCH.—^The Secretary shall conduct research necessary 
to carry out this chapter. 
§ 32503. Judicial review of bumper standards 
(a) FILING AND VENUE.—A person that may be adversely 
affected by a standard prescribed under section 32502 of this title 
may apply for review of the standard by filing a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit or in the court of appeals of the United States for the 
circuit in which the person resides or has its principal place of 
business. The petition must be filed not later than 59 days after 
the standard is prescribed. 
(b) NOTIFYING SECRETARY.—The clerk of the court shall send 
immediately a copy of the petition to the Secretary of Transpor-
tation. The Secretary shall file with the court a record of the 
proceeding in which the standard was prescribed. 
(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, 
the court may order the Secretary to receive additional evidence 
and evidence in rebuttal if the court is satisfied the additional 
evidence is material and there were reasonable grounds for not 
presenting the evidence in the proceeding before the Secretary, 
(2) The Secretary may modify findings of fact or make new 
findings because of the additional evidence presented. The Secretary 
shall file a modified or new finding, a recommendation to modify 
or set aside a standard, and the additional evidence with the 
court. 
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A 
judgment of a court under this section may be reviewed only by 
108 STAT. 1044 
PUBLIC LAW 103-272—JULY 5, 1994 
the Supreme Court under section 1254 of title 28. A remedy under 
this section is in addition to any other remedies provided by law. 
§ 32504. CertiHcates of compliance 
Under regulations prescribed by the Secretary of Transpor-
tation, a manufacturer or distributor of a passenger motor vehicle 
or passenger motor vehicle equipment subject to a standard pre-
scribed under section 32502 of this title shall give the distributor 
or dealer at the time of delivery a certificate that the vehicle 
or equipment complies with the standard. 
§ 32505. Information and compliance requirements 
(a) GENERAL AUTHORITY.—(1) To enable the Secretary of 
Transportation to decide whether a manufacturer of passenger 
motor vehicles or passenger motor vehicle equipment is complying 
with this chapter and standards prescribed under this chapter, 
the Secretary may require the manufacturer to— 
(A) keep records; 
(B) make reports; 
(C) provide items and information, including vehicles and 
equipment for testing at a negotiated price not more than 
the manufacturer's cost; and 
(D) allow an officer or employee designated by the Secretary 
to inspect vehicles and relevant records of the manufacturer. 
(2) To enforce this chapter, an officer or employee designated 
by the Secretary, on presenting appropriate credentials and a writ-
ten notice to the owner, operator, or agent in charge, may inspect 
a facility in which passenger motor vehicles or passenger motor 
vehicle equipment is manufactured, held for introduction in inter-
state commerce, or held for sale after introduction in interstate 
commerce. An inspection shall be conducted at a reasonable time, 
in a reasonable way, and with reasonable promptness. 
(b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.— 
(1) In carrying out this chapter, the Secretary may— 
(A) inspect and copy records of any person at reasonable 
times; 
(B) order a person to file written reports or answers to 
specific questions, including reports or answers under oath; 
and 
(C) conduct hearings, administer oaths, take testimony, 
and require (by subpena or otherwise) the appearance and 
testimony of witnesses and the production of records the Sec-
retary considers advisable. 
(2) A witness summoned under this subsection is entitled to 
the same fee and mileage the witness would have been paid in 
a court of the United States. 
(3) A civil action to enforce a subpena or order of the Secretary 
under this subsection may be brought in the United States district 
court for the judicial district in which the proceeding by the Sec-
retary was conducted. The court may punish a failure to obey 
an order of the court to comply with the subpena or order of 
the Secretary as a contempt of court. 
(c) 
CONFIDENTIALITY 
OF 
INFORMATION.—(1) 
Information 
obtained by the Secretary under this chapter related to a confiden-
tial matter referred to in section 1905 of title 18 may be disclosed 
only— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1045 
(A) to another officer or employee of the United States 
Grovernment for use in carrying out this chapter; or 
(B) in a proceeding under this chapter. 
(2) This subsection does not authorize information to be with-
held from a committee of Congress authorized to have the informa-
tion. 
(3) Subject to paragraph (1) of this subsection, the Secretary, 
Public 
on request, shall make available to the public at cost information 
information, 
the Secretary submits or receives in carrying out this chapter. 
§32506. Prohibited acts 
(a) GENERAL.—Except as provided in this section, a person 
may not— 
(1) manufacture for sale, sell, offer for sale, introduce or 
deliver for introduction in interstate commerce, or import into 
the United States, a passenger motor vehicle or passenger 
motor vehicle equipment manufactured on or after the date 
an applicable standard under section 32502 of this title takes 
effect, unless it conforms to the standard; 
(2) fail to comply with an applicable regulation prescribed 
by the Secretary of Transportation under this chapter; 
(3) fail to keep records, refuse access to or copying of 
records, fail to make reports or provide items or information, 
or fail or refuse to allow entry or inspection, as required by 
this chapter or a regulation prescribed under this chapter; 
or 
(4) fail to provide the certificate required by section 32504 
of this title, or provide a certificate that the person knows, 
or in the exercise of reasonable care has reason to know, 
is false or misleading in a material respect. 
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not 
apply to— 
(1) the sale, offer for sale, or introduction or delivery for 
introduction in interstate commerce of a passenger motor 
vehicle or passenger motor vehicle equipment after the first 
purchase of the vehicle or equipment in good faith other than 
for resale (but this clause does not prohibit a standard from 
requiring that a vehicle or equipment be manufactured to com-
ply with the standard over a specified period of operation 
or use); or 
(2) a person— 
(A) establishing that the person had no reason to know, 
by exercising reasonable care, that the vehicle or equipment 
does not comply with the standard; or 
(B) holding, without knowing about a noncompliance 
and before that first purchase, a certificate issued under 
section 32504 of this title stating that the vehicle or equip-
ment complies with the standard. 
(c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1) 
The Secretaries of Transportation and the Treasury may prescribe 
joint regulations authorizing a passenger motor vehicle or passenger 
motor vehicle equipment not complying with a standard prescribed 
under section 32502 of this title to be imported into the United 
States subject to conditions (including providing a bond) the Sec-
retaries consider appropriate to ensure that the vehicle or equip-
ment will— 
108 STAT. 1046 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) comply, after importation, with the standards pre-
scribed under section 32502 of this title; 
(B) be exported; or 
(C) be abandoned to the United States Government. 
(2) The Secretaries may prescribe joint regulations that allow 
a passenger motor vehicle or passenger motor vehicle equipment 
to be imported into the United States after the first purchase 
in good faith other than for resale. 
(d) LIABILITY UNDER OTHER LAW.—Compliance with a standard 
under this chapter does not exempt a person from liability provided 
by law. 
§ 32507. Penalties and enforcement 
(a) CIVIL PENALTY.—(1) A person that violates section 32506(a) 
of this title is liable to the United States Government for a civil 
penalty of not more than $1,000 for each violation. A separate 
violation occurs for each passenger motor vehicle or item of pas-
senger motor vehicle equipment involved in a violation of section 
32506(a)(1) or (4) of this title— 
(A) that does not comply with a standard prescribed under 
section 32502 of this title; or 
(B) for which a certificate is not provided, or for which 
a false or misleading certificate is provided, under section 32504 
of this title. 
(2) The maximum civil penalty under this subsection for a 
related series of violations is $800,000. 
(3) The Secretary of Transportation imposes a civil penalty 
under this subsection. The Attorney General or the Secretary, with 
the concurrence of the Attorney General, shall bring a civil action 
in a United States district court to collect the penalty. 
(b) CRIMINAL PENALTY.—^A person knowingly and willfully vio-
lating section 32506(a)(1) of this title after receiving a notice of 
noncompliance from the Secretary shall be fined under title 18, 
imprisoned for not more than one year, or both. If the person 
is a corporation, the penalties of this subsection also apply to 
a director, officer, or individual agent of the corporation who, with 
knowledge of the Secretary's notice, knowingly and willfully author-
izes, orders, or performs an act that is any part of the violation. 
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attor-
ney General may bring a civil action in a United States district 
court to enjoin a violation of this chapter or the sale, offer for 
sale, introduction or delivery for introduction in interstate com-
merce, or importation into the United States, of a passenger motor 
vehicle or passenger motor vehicle equipment that is found, before 
the first purchase in good faith other than for resale, not to comply 
with a standard prescribed under section 32502 of this title. 
(2) When practicable, the Secretary shall— 
(A) notify a person against whom an action under this 
subsection is planned; 
(B) give the person an opportunity to present that person's 
views; and 
(C) except for a knowing and willful violation, give the 
person a reasonable opportunity to comply. 
(3) The failure of the Secretary to comply with paragraph 
(2) of this subsection does not prevent a court from granting appro-
priate relief 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1047 
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt 
for violating an injunction or restraining order issued under sub-
section (c) of this section, the violation of which is also a violation 
of this chapter, the defendant may demand a jury trial. The defend-
ant shall be tried as provided in rule 42(b) of the Federal Rules 
of Criminal Procedure (18 App. U.S.C.). 
(e) VENUE.—^A civil action under subsection (a) or (c) of this 
section may be brought in the judicial district in which the violation 
occurred or the defendant is found, resides, or does business. Process 
in the action may be served in any other judicial district in which 
the defendant resides or is found. A subpena for a witness in 
the action may be served in any judicial district. 
§ 32508. Civil actions by owners of passenger motor vehicles 
When an owner of a passenger motor vehicle sustains damages 
as a result of a motor vehicle accident because the vehicle did 
not comply with a standard prescribed under section 32502 of 
this title, the owner may bring a civil action against the manufac-
turer to recover the damages. The action may be brought in the 
United States District Court for the District of Columbia or in 
the United States district court for the judicial district in which 
the owner resides. The action must be brought not later than 
3 years after the date of the accident. The court shall award 
costs and a reasonable attorney's fee to the owner when a judgment 
is entered for the owner. 
§ 32509. Information and assistance from other departments, 
agencies, and instrumentalities 
(a) GENERAL AUTHORITY.—The Secretary of Transportation may 
request information necessary to carry out this chapter from a 
department, agency, or instrumentality of the United States Govern-
ment. The head of the department, agency, or instrumentality shall 
provide the information. 
(b) DETAILING PERSONNEL.—The head of a department, agency, 
or instrumentality may detail, on a reimbursable basis, personnel 
to assist the Secretary in carrying out this chapter. 
§ 32510. Annual report 
Not later than March 31 of each year, the Secretary of 
Transportation shall submit to Congress and the President a report 
on the progress in carrying out section 32501 of this title. The 
report shall include— 
(1) a statement of the cost savings resulting from carrying 
out this chapter; and 
(2) recommendations for legislative or other action the Sec-
retary decides may be appropriate. 
§ 32511. Relationship to other motor vehicle standards 
(a) PREEMPTION.—Except as provided in this section, a State 
or a political subdivision of a State may prescribe or enforce a 
bumper standard for a passenger motor vehicle or passenger motor 
vehicle equipment only if the standard is identical to a standard 
prescribed under section 32502 of this title. 
(b) ENFORCEMENT.—This chapter and chapter 301 of this title 
do not affect the authority of a State to enforce a bumper standard 
about an aspect of performance of a passenger motor vehicle or 
passenger motor vehicle equipment not covered by a standard pre-
108 STAT. 1048 
PUBLIC LAW 103-272—JULY 5, 1994 
scribed under section 32502 of this title if the State bumper 
standard— 
(1) does not conflict with a standard prescribed under chap-
ter 301 of this title; and 
(2) was in effect or prescribed by the State on October 
20, 1972. 
(c) ADDITIONAL AND HIGHER STANDARDS OF PERFORMANCE.— 
The United States Government, a State, or a political subdivision 
of a State may prescribe a bumper standard for a passenger motor 
vehicle or passenger motor vehicle equipment obtained for its own 
use that imposes additional or higher standards of performance 
than a standard prescribed under section 32502 of this title. 
CHAPTER 327—ODOMETERS 
Sec. 
32701. Findings and purposes. 
32702. Definitions. 
32703. Preventing tampering. 
32704. Service, repair, and replacement. 
32705. Disclosure requirements on transfer of motor vehicles. 
32706. Inspections, investigations, and records. 
32707. Administrative warrants. 
32708. Confidentiality of information. 
32709. Penalties and enforcement. 
32710. Civil actions by private persons. 
32711. Relationship to State law. 
§32701. Findings and purposes 
(a) FINDINGS.—Congress finds that— 
(1) buyers of motor vehicles rely heavily on the odometer 
reading as an index of the condition and value of a vehicle; 
(2) buyers are entitled, to rely on the odometer reading 
as an accurate indication of the mileage of the vehicle; 
(3) an accurate indication of the mileage assists a buyer 
in deciding on the safety and reliability of the vehicle; and 
(4) motor vehicles move in, or afiect, interstate and foreign 
commerce. 
(b) PURPOSES.—The purposes of this chapter are— 
(1) to prohibit tampering with motor vehicle odometers; 
and 
(2) to provide safeguards to protect purchasers in the sale 
of motor vehicles with altered or reset odometers. 
§32702. Definitions 
In this chapter— 
(1) "auction company" means a person taking possession 
of a motor vehicle owned by another to sell at an auction. 
(2) "dealer" means a person that sold at least 5 motor 
vehicles during the prior 12 months to buyers that in good 
faith bought the vehicles other than for resale. 
(3) "distributor" means a person that sold at least 5 motor 
vehicles during the prior 12 months for resale. 
(4) "leased motor vehicle" means a motor vehicle leased 
to a person for at least 4 months by a lessor that leased 
at least 5 vehicles during the prior 12 months. 
(5) "odometer" means an instrument for measuring and 
recording the distance a motor vehicle is driven, but does not 
include an auxiliary instrument designed to be reset by the 
operator of the vehicle to record mileage of a trip. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1049 
(6) "repair" and "replace" mean to restore to a sound work-
ing condition by replacing any part of an odometer or by correct-
ing any inoperative part of an odometer. 
(7) "title" means the certificate of title or other document 
issued by the State indicating ownership. 
(8) "transfer" means to change ownership by sale, gift, 
or other means. 
§32703. Preventing tampering 
A person may not— 
(1) advertise for sale, sell, use, install, or have installed, 
a device that makes an odometer of a motor vehicle register 
a mileage different from the mileage the vehicle was driven, 
as registered by the odometer within the designed tolerance 
of the manufacturer of the odometer; 
(2) disconnect, reset, alter, or have disconnected, reset, 
or altered, an odometer of a motor vehicle intending to change 
the mileage registered by the odometer; 
(3) with intent to defraud, operate a motor vehicle on 
a public street, road, or highway if the person knows that 
the odometer of the vehicle is disconnected or not operating; 
or 
(4) conspire to violate this section or section 32704 or 
32705 of this title. 
§ 32704. Service, repair, and replacement 
(a) ADJUSTING MILEAGE.—A person may service, repair, or 
replace an odometer of a motor vehicle if the mileage registered 
by the odometer remains the same as before the service, repair, 
or replacement. If the mileage cannot remain the same— 
(1) the person shall adjust the odometer to read zero; 
and 
(2) the owner of the vehicle or agent of the owner shall 
attach a written notice to the left door frame of the vehicle 
specifying the mileage before the service, repair, or replacement 
and the date of the service, repair, or replacement. 
(b) REMOVING OR ALTERING NOTICE.—^A person may not, with 
intent to defraud, remove or alter a notice attached to a motor 
vehicle as required by this section. 
§32705. Disclosure 
requirements 
on 
transfer 
of 
motor 
vehicles 
(a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regula- Regulations, 
tions prescribed by the Secretary of Transportation, a person 
transferring ownership of a motor vehicle shall give the transferee 
a written disclosure— 
(A) of the cumulative mileage registered by the odometer; 
or 
(B) that the mileage is unknown if the transferor knows 
that the mileage registered by the odometer is incorrect. 
(2) A person making a written disclosure required by a regula-
tion prescribed under paragraph (1) of this subsection may not 
make a false statement in the disclosure. 
(3) A person acquiring a motor vehicle for resale may accept 
a disclosure under this section only if it is complete. 
108 STAT. 1050 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) The regulations prescribed by the Secretary shall provide 
the way in which information is disclosed and retained under this 
section. 
(b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A 
motor vehicle the ownership of which is transferred may not be 
licensed for use in a State unless the transferee, in submitting 
an application to a State for the title on which the license will 
be issued, includes with the application the transferor's title and, 
if that title contains the space referred to in paragraph (3)(A)(iii) 
of this subsection, a statement, signed and dated by the transferor, 
of the mileage disclosure required under subsection (a) of this 
section. This paragraph does not apply to a transfer of ownership 
of a motor vehicle that has not been licensed before the transfer. 
Regulations. 
(2)(A) Under regulations prescribed by the Secretary, if the 
title to a motor vehicle issued to a transferor by a State is in 
the possession of a lienholder when the transferor transfers owner-
ship of the vehicle, the transferor may use a written power of 
attorney (if allowed by State law) in making the mileage disclosure 
required under subsection (a) of this section. Regulations prescribed 
under this paragraph— 
(i) shall prescribe the form of the power of attorney; 
(ii) shall provide that the form be printed by means of 
a secure printing process (or other secure process); 
(iii) shall provide that the State issue the form to the 
transferee; 
(iv) shall provide that the person exercising the power 
of attorney retain a copy and submit the original to the State 
with a copy of the title showing the restatement of the mileage; 
(v) may require that the State retain the power of attorney 
and the copy of the title for an appropriate period or that 
the State adopt alternative measures consistent with section 
32701(b) of this title, after considering the costs to the State; 
(vi) shall ensure that the mileage at the time of transfer 
be disclosed on the power of attorney document; 
(vii) shall ensure that the mileage be restated exactly by 
the person exercising the power of attorney in the space referred 
to in paragraph (3)(A)(iii) of this subsection; 
(viii) may not require that a motor vehicle be titled in 
the State in which the power of attorney was issued; 
(ix) shall consider the need to facilitate normal commercial 
transactions in the sale or exchange of motor vehicles; and 
(x) shall provide other conditions the Secretary considers 
appropriate. 
(B) Section 32709(a) and (b) applies to a person granting or 
granted a power of attorney under this paragraph. 
(3)(A) A motor vehicle the ownership of which is transferred 
may be licensed for use in a State only if the title issued by 
the State to the transferee— 
(i) is produced by means of a secure printing process (or 
other secure process); 
(ii) indicates the mileage disclosure required to be made 
under subsection (a) of this section; and 
(iii) contains a space for the transferee to disclose the 
mileage at the time of a future transfer and to sign and date 
the disclosure. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1051 
(B) Subparagraph (A) of this paragraph does not require a 
State to verify, or preclude a State from verifying, the mileage 
information contained in the title. 
(c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle, 
the regulations prescribed under subsection (a) of this section shall 
require written disclosure about mileage to be made by the lessee 
to the lessor when the lessor transfers ownership of that vehicle. 
(2) Under those regulations, the lessor shall provide written 
notice to the lessee o
f
— 
(A) the mileage disclosure requirements of subsection (a) 
of this section; and 
(B) the penalties for failure to comply with those require-
ments. 
(3) The lessor shall retain the disclosures made by a lessee 
under paragraph (1) of this subsection for at least 4 years following 
the date the lessor transfers the leased motor vehicle. 
(4) If the lessor transfers ownership of a leased motor vehicle 
without obtaining possession of the vehicle, the lessor, in making 
the disclosure required by subsection (a) of this section, may indicate 
on the title the mileage disclosed by the lessee under paragraph 
(1) of this subsection unless the lessor has reason to believe that 
the disclosure by the lessee does not reflect the actual mileage 
of the vehicle. 
(d) STATE ALTERNATE VEHICLE MILEAGE DISCLOSURE REQUIRE-
MENTS.—The requirements of subsections (b) and (c)(1) of this sec-
tion on the disclosure of motor vehicle mileage when mctor vehicles 
are transferred or leased apply in a State unless th3 State has 
in effect alternate motor vehicle mileage disclosure raquirements 
approved by the Secretary. The Secretary shall approve alternate 
motor vehicle mileage disclosure requirements submitted by a State 
unless the Secretary decides that the requirements are not consist-
ent with the purpose of the disclosure required by subsection (b) 
or (c), as the case may be. 
(e) AUCTION SALES.—If a motor vehicle is sold at an auction, 
the auction company conducting the auction shall maintain the 
following records for at least 4 years after the date of the sale: 
(1) the name of the most recent owner of the motor vehicle 
(except the auction company) and the name of the buyer of 
the motor vehicle. 
(2) the vehicle identification number required under chap-
ter 301 or 331 of this title. 
(3) the odometer reading on the date the auction company 
took possession of the motor vehicle. 
(f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as 
provided in paragraph (2) of this subsection, subsections (b)-(e) 
of this section apply to the transfer of a motor vehicle after April 
28, 1989. 
(2) If a State requests, the Secretary shall assist the State 
in revising its laws to comply with subsection (b) of this section. 
If a State requires time beyond April 28, 1989, to revise its laws 
to achieve compliance, the Secretary, on request of the State, may 
grant additional time that the Secretary considers reasonable by 
publishing a notice in the Federal Register. The notice shall include 
the reasons for granting the additional time. In granting additional 
time, the Secretary shall ensure that the State is making reasonable 
efforts to achieve compliance. 
Records. 
Federal 
Register, 
publication. 
108 STAT. 1052 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 32706. Inspections, investigations, and records 
(a) AUTHORITY TO INSPECT AND INVESTIGATE.—Subject to sec-
tion 32707 of this title, the Secretary of Transportation may conduct 
an inspection or investigation necessary to carry out this chapter 
or a regulation prescribed or order issued under this chapter. The 
Secretary shall cooperate with State and local officials to the great-
est extent possible in conducting an inspection or investigation. 
The Secretary may give the Attorney General information about 
a violation of this chapter or a regulation prescribed or order 
issued under this chapter. 
(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying 
out subsection (a) of this section, an officer or employee designated 
by the Secretary, on display of proper credentials and written 
notice to the owner, operator, or agent in charge, may— 
(A) enter and inspect commercial premises in which a 
motor vehicle or motor vehicle equipment is manufactured, 
held for shipment or sale, maintained, or repaired; 
(B) enter and inspect noncommercial premises in which 
the Secretary reasonably believes there is a motor vehicle or 
motor vehicle equipment that is an object of a violation of 
this chapter; 
(C) inspect that motor vehicle or motor vehicle equipment; 
and 
(D) impound for not more than 72 hours for inspection 
a motor vehicle or motor vehicle equipment that the Secretary 
reasonably believes is an object of a violation of this chapter. 
(2) An inspection or impoundment under this subsection shall 
be conducted at a reasonable time, in a reasonable way, and with 
reasonable promptness. The written notice may consist of a warrant 
issued under section 32707 of this title. 
(c) 
REASONABLE 
COMPENSATION.—When 
the 
Secretary 
impounds for inspection a motor vehicle (except a vehicle subject 
to subchapter II of chapter 105 of this title) or motor vehicle 
equipment under subsection (b)(1)(D) of this section, the Secretary 
shall pay reasonable compensation to the owner of the vehicle 
or equipment if the inspection or impoundment results in denial 
of use, or reduction in value, of the vehicle or equipment. 
(d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable 
the Secretary to decide whether a dealer or distributor is complying 
with this chapter and regulations prescribed and orders issued 
under this chapter, the Secretary may require the dealer or 
distributor— 
(A) to keep records; 
(B) to provide information from those records if the Sec-
retary states the purpose for requiring the information and 
identifies the information to the fullest extent practicable; and 
(C) to allow an officer or employee designated by the Sec-
retary to inspect relevant records of the dealer or distributor. 
(2) This subsection and subsection (e)(1)(B) of this section do 
not authorize the Secretary to require a dealer or distributor to 
provide information on a regular periodic basis. 
(e) 
ADMINISTRATIVE 
AUTHORITY AND CIVIL 
ACTIONS TO 
ENFORCE.—(1) In carrying out this chapter, the Secretary may— 
(A) inspect and copy records of any person at reasonable 
times; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1053 
(B) order a person to file written reports or answers to 
specific questions, including reports or answers under oath; 
and 
(C) conduct hearings, administer oaths, take testimony, 
and require (by subpena or otherwise) the appearance and 
testimony of witnesses and the production of records the Sec-
retary considers advisable. 
(2) A witness summoned under this subsection is entitled to 
the same fee and mileage the witness would have been paid in 
a court of the United States. 
(3) A civil action to enforce a subpena or order of the Secretary 
under this subsection may be brought in the United States district 
court for the judicial district in which the proceeding by the Sec-
retary was conducted. The court may punish a failure to obey 
an order of the court to comply with the subpena or order of 
the Secretary as a contempt of court. 
(f) PROHIBITIONS.—^A person may not fail to keep records, refuse 
access to or copying of records, fail to make reports or provide 
information, fail to allow entry or inspection, or fail to permit 
impoundment, as required under this section. 
§ 32707. Administrative warrants 
(a) DEFINITION.—In this section, "probable cause" means a valid 
public interest in the effective enforcement of this chapter or a 
regulation prescribed under this chapter sufficient to justify the 
inspection or impoundment in the circumstances stated in an 
application for a warrant under this section. 
(b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as pro-
vided in paragraph (4) of this subsection, an inspection or impound-
ment under section 32706 of this title may be carried out only 
after a warrant is obtained. 
(2) A judge of a court of the United States or a State court 
of record or a United States magistrate may issue a warrant for 
an inspection or impoundment under section 32706 of this title 
within the territorial jurisdiction of the court or magistrate. The 
warrant must be based on an affidavit that— 
(A) establishes probable cause to issue the warrant; and 
(B) is sworn to before the judge or magistrate by an officer 
or employee who knows the facts alleged in the affidavit. 
(3) The judge or magistrate shall issue the warrant when 
the judge or magistrate decides there is a reasonable basis for 
believing that probable cause exists to issue the warrant. The 
warrant must— 
(A) identify the premises, property, or motor vehicle to 
be inspected and the items or type of property to be impounded; 
(B) state the purpose of the inspection, the basis for issuing 
the warrant, and the name of the affiant; 
(C) direct an individual authorized under section 32706 
of this title to inspect the premises, property, or vehicle for 
the purpose stated in the warrant and, when appropriate, to 
impound the property specified in the warrant; 
(D) direct that the warrant be served during the hours 
specified in the warrant; and 
(E) name the judge or magistrate with whom proof of 
service is to be filed. 
(4) A warrant under this section is not required when— 
108 STAT. 1054 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) the owner, operator, or agent in charge of the premises 
consents; 
(B) it is reasonable to beheve that the mobiUty of the 
motor vehicle to be inspected makes it impractical to obtain 
a warrant; 
(C) an application for a warrant cannot be made because 
of an emergency; 
(D) records are to be inspected and copied under section 
32706(e)(1)(A) of this title; or 
(E) a warrant is not constitutionally required. 
(c) SERVICE AND IMPOUNDMENT OF PROPERTY.^ 1) A warrant 
issued under this section must be served and proof of service 
filed not later than 10 days after its issuance date. The judge 
or magistrate may allow additional time in the warrant if the 
Secretary of Transportation demonstrates a need for additional 
time. Proof of service must be filed promptly with a written inven-
tory of the property impounded under the warrant. The inventory 
shall be made in the presence of the individual serving the warrant 
and the individual from whose possession or premises the property 
was impounded, or if that individual is not present, a credible 
individual except the individual making the inventory. The individ-
ual serving the warrant shall verify the inventory. On request, 
the judge or magistrate shall send a copy of the inventory to 
the individual from whose possession or premises the property 
was impounded and to the applicant for the warrant. 
(2) When property is impounded under a warrant, the individ-
ual serving the warrant shall— 
(A) give the person from whose possession or premises 
the property was impounded a copy of the warrant and a 
receipt for the property; or 
(B) leave the copy and receipt at the place from which 
the property was impounded. 
(3) The judge or magistrate shall file the warrant, proof of 
service, and all documents filed about the warrant with the clerk 
of the United States district court for the judicial district in which 
the inspection is made. 
§ 32708. Confidentiality of information 
(a) GENERAL.—Information obtained by the Secretary of 
Transportation under this chapter related to a confidential matter 
referred to in section 1905 of title 18 may be disclosed only— 
(1) to another officer or employee of the United States 
Government for use in carrying out this chapter; or 
(2) in a proceeding under this chapter. 
(b) WITHHOLDING INFORMATION FROM CONGRESS.—^This section 
does not authorize information to be withheld from a committee 
of Congress authorized to have the information. 
§ 32709. Penalties and enforcement 
(a) CIVIL PENALTY.—(1) A person that violates this chapter 
or a regulation prescribed or order issued under this chapter is 
liable to the United States Government for a civil penalty of not 
more than $2,000 for each violation. A separate violation occurs 
for each motor vehicle or device involved in the violation. The 
maximum penalty under this subsection for a related series of 
violations is $100,000. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1055 
(2) The Secretary of Transportation shall impose a civil penalty 
under this subsection. The Attorney General shall bring a civil 
action to collect the penalty. Before referring a penalty claim to 
the Attorney General, the Secretary may compromise the amount 
of the penalty. Before compromising the amount of the penalty, 
the Secretary shall give the person charged with a violation an 
opportunity to establish that the violation did not occur. 
(3) In determining the amount of a civil penalty under this 
subsection, the Secretary shall consider— 
(A) the nature, circumstances, extent, and gravity of the 
violation; 
(B) with respect to the violator, the degree of culpability, 
any history of prior violations, the ability to pay, and any 
effect on the ability to continue doing business; and 
(C) other matters that justice requires. 
(b) CRIMINAL PENALTY.—^A person that knowingly and willfully 
violates this chapter or a regulation prescribed or order issued 
under this chapter shall be fined under title 18, imprisoned for 
not more than 3 years, or both. If the person is a corporation, 
the penalties of this subsection also apply to a director, officer, 
or individual agent of a corporation who knowingly and willfully 
authorizes, orders, or performs an act in violation of this chapter 
or a regulation prescribed or order issued under this chapter without 
regard to penalties imposed on the corporation. 
(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—^The Attorney Gen-
eral may bring a civil action to enjoin a violation of this chapter 
or a regulation prescribed or order issued under this chapter. The 
action may be brought in the United States district court for the 
judicial district in which the violation occurred or the defendant 
is found, resides, or does business. Process in the action may be 
served in any other judicial district in which the defendant resides 
or is found. A subpena for a witness in the action may be served 
in any judicial district. 
(d) CIVIL ACTIONS BY STATES.—(1) When a person violates 
this chapter or a regulation prescribed or order issued under this 
chapter, the chief law enforcement officer of the State in which 
the violation occurs may bring a civil action— 
(A) to enjoin the violation; or 
(B) to recover amounts for which the person is liable under 
section 32710 of this title for each person on whose behalf 
the action is brought. 
(2) An action under this subsection may be brought in an 
appropriate United States district court or in a State court of 
competent jurisdiction. The action must be brought not later than 
2 years after the claim accrues. 
§ 32710. Civil actions by private persons 
(a) VIOLATION AND AMOUNT OF DAMAGES.—^A person that vio-
lates this chapter or a regulation prescribed or order issued under 
this chapter, with intent to defraud, is liable for 3 times the actual 
damages or $1,500, whichever is greater. 
(b) CIVIL ACTIONS.—^A person may bring a civil action to enforce 
a claim under this section in an appropriate United States district 
court or in another court of competent jurisdiction. The action 
must be brought not later than 2 years after the claim accrues. 
The court shall award costs and a reasonable attorney's fee to 
the person when a judgment is entered for that person. 
108 STAT. 1056 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 32711. Relationship to State law 
Except to the extent that State law is inconsistent with this 
chapter, this chapter does not— 
(1) affect a State law on disconnecting, altering, or tamper-
ing with an odometer with intent to defraud; or 
(2) exempt a person from complying with that law. 
CHAPTER 
329—AUTOMOBILE 
FUEL 
ECONOMY 
Sec. 
32901. Definitions. 
32902. Average fuel economy standards. 
32903. Credits for exceeding average fuel economy standards. 
32904. Calculation of average fuel economy. 
32905. Manufacturing incentives for alternative fuel automobiles. 
32906. Maximum fuel economy increase for alternative fuel automobiles. 
32907. Reports and tests of manufacturers. 
32908. Fuel economy information. 
32909. Judicial review of regulations. 
32910. Administrative. 
32911. Compliance. 
32912. Civil penalties. 
32913. Compromising and remitting civil penalties. 
32914. Collecting civu penalties. 
32915. Appealing civil penalties. 
32916. Reports to Congress. 
32917. Standards for executive agency automobiles. 
32918. Preemption. 
§32901. DeHnitions 
(a) GENERAL.—In this chapter— 
(1) "alternative fuel" means— 
(A) methanol; 
(B) denatured ethanol; 
(C) other alcohols; 
(D) except as provided in subsection (b) of this section, 
a mixture containing at least 85 percent of methanol, dena-
tured ethanol, and other alcohols by volume with gasoline 
or other fuels; 
(E) natural gas; 
(F) liquefied petroleum gas; 
y 
(G) hydrogen; 
(H) coal derived liquid fuels; 
(I) fuels (except alcohol) derived from biological mate-
rials; 
(J) electricity (including electricity from solar energy); 
and 
(K) any other fuel the Secretary of Transportation pre-
scribes by regulation that is not substantially petroleum 
and that would yield substantial energy security and 
environmental benefits. 
(2) "alternative fueled automobile" means an automobile 
that is a— 
(A) dedicated automobile; or 
(B) dual fueled automobile. 
(3) except as provided in section 32908 of this title, "auto-
mobile" means a 4-wheeled vehicle that is propelled by fuel, 
or by alternative fuel, manufactured primarily for use on public 
streets, roads, and highways (except a vehicle operated only 
on a rail line), and rated at— 
(A) not more than 6,000 pounds gross vehicle weight; 
or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1057 
(B) more than 6,000, but less than 10,000, pounds 
gross vehicle weight, if the Secretary decides by regulation 
that— 
(i) an average fuel economy standard under this 
chapter for the vehicle is feasible; and 
(ii) an average fuel economy standard under this 
chapter for the vehicle will result in significant energy 
conservation or the vehicle is substantially used for 
the same pui^poses as a vehicle rated at not more 
than 6,000 pounds gross vehicle weight. 
(4) "automobile manufactured by a manufacturer" includes 
every automobile manufactured by a person that controls, is 
controlled by, or is under common control with the manufac-
turer, but does not include an automobile manufactured by 
the person that is exported not later than 30 days after the 
end of the model year in which the automobile is manufactured. 
(5) "average fuel economy" means average fuel economy 
determined under section 32904 of this title. 
(6) "average fuel economy standard" means a performance 
standard specifying a minimum level of average fuel economy 
applicable to a manufacturer in a model year. 
(7) "dedicated automobile" means an automobile that oper-
ates only on alternative fuel. 
(8) "dual fueled automobile" means an automobile that— 
(A) is capable of operating on alternative fuel and 
on gasoline or diesel fuel; 
(B) provides equal or superior energy efficiency, as 
calculated for the applicable model year during fuel econ-
omy testing for the United States Government, when 
operating on alternative fuel as when operating on gasoline 
or diesel fuel; 
(C) for model years 1993-1995 for an automobile 
capable of operating on a mixture of an alternative fuel 
and gasoline or diesel fuel and if the Administrator of 
the Environmental Protection Agency decides to extend 
the application of this subclause, for an additional period 
ending not later than the end of the last model year to 
which section 32905(b) and (d) of this title applies, provides 
equal or superior energy efficiency, as calculated for the 
applicable model year during fuel economy testing for the 
Grovemment, when operating on a mixture of alternative 
fuel and gasoline or diesel fuel containing exactly 50 per-
cent gasoline or diesel fuel as when operating on gasoline 
or diesel fuel; and 
(D) for a passenger automobile, meets or exceeds the 
minimum driving range prescribed under subsection (c) 
of this section. 
(9) "fuel" means— 
(A) gasoline; 
(B) diesel oil; or 
(C) other liquid or gaseous fuel that the Secretary 
decides by regulation to include in this definition as consist-
ent with the need of the United States to conserve energy. 
(10) "fuel economy" means the average number of miles 
traveled by an automobile for each gallon of gasoline (or equiva-
lent amount of other fuel) used, as determined by the Adminis-
trator under section 32904(c) of this title. 
108 STAT. 1058 
PUBLIC LAW 103-272—JULY 5, 1994 
(11) "import" means to import into the customs territory 
of the United States. 
(12) "manufacture" (except under section 32902(d) of this 
title) means to produce or assemble in the customs territory 
of the United States or to import. 
(13) "manufacturer" means— 
(A) a person engaged in the business of manufacturing 
automobiles, including a predecessor or successor of the 
person to the extent provided under regulations prescribed 
by the Secretary; and 
(B) if more than one person is the manufacturer of 
an automobile, the person specified under regulations pre-
scribed by the Secretary. 
(14) "model" means a class of automobiles as decided by 
regulation by the Administrator after consulting and coordinat-
ing with the Secretary. 
(15) "model year", when referring to a specific calendar 
year, means— 
(A) the annual production period of a manufacturer, 
as decided by the Administrator, that includes January 
"
: 
1 of that calendar year; or 
(B) that calendar year if the manufacturer does not 
have an annual production period. 
(16) "passenger automobile" means an automobile that the 
Secretary decides by regulation is manufactured primarily for 
transporting not more than 10 individuals, but does not include 
an automobile capable of off-highway operation that the Sec-
retary decides by regulation— 
(A) has a significant feature (except 4-wheel drive) 
designed for off-highway operation; and 
(B) is a 4-wheel drive automobile or is rated at more 
than 6,000 pounds gross vehicle weight. 
(b) AUTHORITY TO CHANGE PERCENTAGE.—^The Secretary 
may 
prescribe regulations changing the percentage referred to in sub-
section (a)(lXD) of this section to not less than 70 percent because 
of requirements relating to cold start, safety, or vehicle functions. 
Regulations. 
(c) MINIMUM DRIVING RANGES FOR DUAL FUELED PASSENGER 
AUTOMOBILES.—(1) The Secretary shall prescribe by regulation the 
minimum driving range that dual fueled automobiles that are pas-
senger automobiles must meet when operating on alternative fuel 
to be dual fueled automobiles under sections 32905 and 32906 
of this title. A determination whether a dual fueled automobile 
meets the minimum driving range requirement under this para-
graph shall be based on the combined Agency city/highway fuel 
economy as determined for average fuel economy purposes for those 
automobiles. 
(2)(A) The Secretary may prescribe a lower range for a specific 
model than that prescribed under paragraph (1) of this subsection. 
A manufacturer may petition for a lower range than that prescribed 
under paragraph (1) for a specific model. 
(B) The minimum driving range prescribed for dual fueled 
automobiles (except electric automobiles) under subparagraph (A) 
of this paragraph or paragraph (1) of this subsection must be 
at least 200 miles. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1059 
(C) If the Secretary prescribes a minimum driving range of 
200 miles for dual fueled automobiles (except electric automobiles) 
under paragraph (1) of this subsection, subparagraph (A) of this 
paragraph does not apply to dual fueled automobiles (except electric 
automobiles). 
(3) In prescribing a minimum driving range under paragraph 
(1) of this subsection and in taking an action under paragraph 
(2) of this subsection, the Secretary shall consider the purpose 
set forth in section 3 of the Alternative Motor Fuels Act of 1988 
(Public Law 100-494, 102 Stat. 2442), consumer acceptability, eco-
nomic practicability, technology, environmental impact, safety, 
drivability, performance, and other factors the Secretary considers 
relevant. 
§ 32902. Average fuel economy standards 
(a) NON-PASSENGER AUTOMOBILES.—^At least 18 months before Regulations, 
the beginning of each model year, the Secretary of Transportation 
shall prescribe by regulation average fuel economy standards for 
automobiles (except passenger automobiles) manufactured by a 
manufacturer in that model year. Each standard shall be the maxi-
mum feasible average fuel economy level that the Secretary decides 
the manufacturers can achieve in that model year. The Secretary 
may prescribe separate standards for different classes of auto-
mobiles. 
(b) PASSENGER AUTOMOBILES.—Except as provided in this sec-
tion, the average fuel economy standard for passenger automobiles 
manufactured by a manufacturer in a model year after model year 
1984 shall be 27.5 miles a gallon. 
(c) AMENDING PASSENGER AUTOMOBILE STANDARDS.—(1) Sub-
ject to paragraph (2) of this subsection, the Secretary of Transpor-
tation may prescribe regulations amending the standard under 
subsection (b) of this section for a model year to a level that 
the Secretary decides is the maximum feasible average fuel economy 
level for that model year. Section 553 of title 5 applies to a proceed-
ing to amend the standard. However, any interested person may 
make an oral presentation and a transcript shall be taken of that 
presentation. 
(2) If an amendment increases the standard above 27.5 miles 
a gallon or decreases the standard below 26.0 miles a gallon, the 
Secretary of Transportation shall submit the amendment to Con-
gress. The procedures of section 551 of the Energy Policy and 
Conservation Act (42 U.S.C. 6421) apply to an amendment, except 
that the 15 calendar days referred to in section 551(c) and (d) 
of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60 calendar 
days, and the 5 calendar days referred to in section 551(f)(4)(A) 
of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar 
days. If either House of Congress disapproves the amendment under 
those procedures, the amendment does not take effect. 
(d) EXEMPTIONS.—(1) Except as provided in paragraph (3) of 
this subsection, on application of a manufacturer that manufactured 
(whether in the United States or not) fewer than 10,000 passenger 
automobiles in the model year 2 years before the model year for 
which the application is made, the Secretary of Transportation 
may exempt by regulation the manufacturer from a standard under 
subsection (b) or (c) of this section. An exemption for a model 
year applies only if the manufacturer manufactures (whether in 
the United States or not) fewer than 10,000 passenger automobiles 
108 STAT. 1060 
PUBLIC LAW 103-272—JULY 5, 1994 
in the model year. The Secretary may exempt a manufacturer 
only if the Secretary— 
(A) finds that the applicable standard under those sub-
sections is more stringent than the maximum feasible average 
fuel economy level that the manufacturer can achieve; and 
(B) prescribes by regulation an alternative average fuel 
economy standard for the passenger automobiles manufactured 
by the exempted manufacturer that the Secretary decides is 
the maximum feasible average fuel economy level for the manu-
facturers to which the alternative standard applies. 
(2) An alternative average fuel economy standard the Secretary 
of Transportation prescribes under paragraph (1)(B) of this sub-
section may apply to an individually exempted manufacturer, to 
all automobiles to which this subsection applies, or to classes of 
passenger automobiles, as defined under regulations of the Sec-
retary, manufactured by exempted manufacturers. 
(3) Notwithstanding paragraph (1) of this subsection, an 
importer registered under section 30141(c) of this title may not 
be exempted as a manufacturer under paragraph (1) for a motor 
vehicle that the importer— 
(A) imports; or 
(B) brings into compliance with applicable motor vehicle 
safety standards prescribed under chapter 301 of this title 
for an individual under section 30142 of this title. 
(4) The Secretary of Transportation may prescribe the contents 
of an application for an exemption. 
(e) EMERGENCY VEHICLES.—(1) In this subsection, "emergency 
vehicle" means an automobile manufactured primarily for use— 
(A) as an ambulance or combination ambulance-hearse; 
(B) by the United States Government or a State or local 
government for law enforcement; or 
(C) for other emergency uses prescribed by regulation by 
the Secretary of Transportation. 
(2) A manufacturer may elect to have the fuel economy of 
an emergency vehicle excluded in applying a fuel economy standard 
under subsection (a), (b), (c), or (d) of this section. The election 
is made by providing written notice to the Secretary of Transpor-
tation and to the Administrator of the Environmental Protection 
Agency. 
(0 
CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE 
AVERAGE FUEL ECONOMY.—When deciding maximum feasible aver-
age fuel economy under this section, the Secretary of Transportation 
shall consider technological feasibility, economic practicability, the 
effect of other motor vehicle standards of the Government on fuel 
economy, and the need of the United States to conserve energy. 
(g) REQUIREMENTS FOR OTHER AMENDMENTS.—(1) The Sec-
retary of Transportation may prescribe regulations amending an 
average fuel economy standard prescribed under subsection (a) or 
(d) of this section if the amended standard meets the requirements 
of subsection (a) or (d), as appropriate. 
(2) When the Secretary of Transportation prescribes an amend-
ment under this section that makes an average fuel economy stand-
ard more stringent, the Secretary shall prescribe the amendment 
(and submit the amendment to Congress when required under 
subsection (c)(2) of this section) at least 18 months before the 
beginning of the model year to which the amendment applies. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1061 
(h) LIMITATIONS.—In carrying out subsections (c), (f), and (g) 
of this section, the Secretary of Transportation— 
(1) may not consider the fuel economy of dedicated auto-
mobiles; and 
(2) shall consider dual fueled automobiles to be operated 
only on gasoline or diesel fuel. 
(i) CONSULTATION.—^The Secretary of Transportation shall con-
sult with the Secretary of Energy in carrying out this section 
and section 32903 of this title. 
(j) SECRETARY OF ENERGY COMMENTS.—(1) Before issuing a 
notice proposing to prescribe or amend an average fuel economy 
standard under subsection (a), (c), or (g) of this section, the Sec-
retary of Transportation shall give the Secretary of Energy at 
least 10 days from the receipt of the notice during which the 
Secretary of Energy may, if the Secretary of Energy concludes 
that the proposed standard would adversely affect the conservation 
goals of the Secretary of Energy, provide written comments to 
the Secretary of Transportation about the impact of the standard 
on those goals. To the extent the Secretary of Transportation does 
not revise a proposed standard to take into account comments 
of the Secretary of Energy on any adverse impact of the standard, 
the Secretary of Transportation shall include those comments in 
the notice. 
(2) Before taking final action on a standard or an exemption 
from a standard under this section, the Secretary of Transportation 
shall notify the Secreta;ry of Energy and provide the Secretary 
of Energy a reasonable time to comment. 
§32903. Credits for exceeding average fuel economy stand-
ards 
(a) EARNING AND PERIOD FOR APPLYING CREDITS.—When 
the 
average fuel economy of passenger automobiles manufactured by 
a manufacturer in a particular model year exceeds an applicable 
average fuel economy standard under section 32902(b)-(d) of this 
title (determined by the Secretary of Transportation without regard 
to credits under this section), the manufacturer earns credits. The 
credits may be applied to— 
(1) any of the 3 consecutive model years immediately before 
the model year for which the credits are earned; and 
(2) to the extent not used under clause (1) of this subsection, 
any of the 3 consecutive model years immediately after the 
model year for which the credits are earned. 
(b) PERIOD OF AVAIL/VBILITY AND PLAN FOR FUTURE CREDITS.— 
(1) Except as provided in paragraph (2) of this subsection, credits 
under this section are available to a manufacturer at the end 
of the model year in which earned. 
(2)(A) Before the end of a model year, if a manufacturer has 
reason to believe that its average fuel economy for passenger auto-
mobiles will be less than the applicable standard for that model 
year, the manufacturer may submit a plan to the Secretary of 
Transportation demonstrating that the manufacturer will earn suffi-
cient credits under this section within the next 3 model years 
to allow the manufacturer to meet that standard for the model 
year involved. Unless the Secretary finds that the manufacturer 
is unlikely to earn sufficient credits under the plan, the Secretary 
shall approve the plan. Those credits are available for the model 
year involved i
f
— 
108 STAT. 1062 
PUBLIC LAW 103-272—JULY 5, 1994 
Notice. 
Notice. 
(i) the Secretary approves the plan; and 
(ii) the manufacturer earns those credits as provided by 
the plan. 
(B) If the average fuel economy of a manufacturer is less 
than the applicable standard under section 32902(b)-(d) of this 
title after applying credits under subsection (a)(1) of this section, 
the Secretary of Transportation shall notify the manufacturer and 
give the manufacturer a reasonable time (of at least 60 days) 
to submit a plan. 
(c) DETERMINING NUMBER OF CREDITS.—The number of credits 
a manufacturer earns under this section equals the product of^ 
(1) the number of tenths of a mile a gallon by which 
the average fuel economy of the passenger automobiles manu-
factured by the manufacturer in the model year in which the 
credits are earned exceeds the applicable average fuel economy 
standard under section 32902(b)-(d) of this title; times 
(2) the number of passenger automobiles manufactured 
by the manufacturer during that model year. 
(d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Sec-
retary of Transportation shall apply credits to a model year on 
the basis of the number of tenths of a mile a gallon by which 
the manufacturer involved was below the applicable average fuel 
economy standard for that model year and the number of passenger 
automobiles manufactured that model year by the manufacturer. 
Credits applied to a model year are no longer available for another 
model year. Before applying credits, the Secretary shall give the 
manufacturer 
written 
notice and reasonable 
opportunity to 
comment. 
(e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.— 
Credits for a manufacturer of automobiles that are not passenger 
automobiles are earned and applied to a model year in which 
the average fuel economy of that class of automobiles is below 
the applicable average fuel economy standard under section 
32902(a) of this title, to the same extent and in the same way 
as provided in this section for passenger automobiles. 
(f) REFUND OF COLLECTED PENALTY.—When a civil penalty 
has been collected under this chapter from a manufacturer that 
has earned credits under this section, the Secretary of the Treasury 
shall refund to the manufacturer the amount of the penalty to 
the extent the penalty is attributable to credits available under 
this section. 
§ 32904. Calculation of average fuel economy 
(a) METHOD OF CALCULATION.—(1) The Administrator of the 
Environmental Protection Agency shall calculate the average fuel 
economy of a manufacturer subject to— 
(A) section 32902(a) of this title in a way prescribed by 
the Administrator; and 
(B) section 32902(b)-(d) of this title by dividing— 
(i) the number of passenger automobiles manufactured 
by the manufacturer in a model year; by 
(ii) the sum of the fractions obtained by dividing the 
number of passenger automobiles of each model manufac-
tured by the manufacturer in that model year by the fuel 
economy measured for that model. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1063 
(2)(A) In this paragraph, "electric vehicle" means a vehicle 
powered primarily by an electric motor drawing electrical current 
from a portable source. 
(B) If a manufacturer manufactures an electric vehicle, the 
Administrator shall include in the calculation of average fuel econ-
omy under paragraph (1) of this subsection equivalent petroleum 
based fuel economy values determined by the Secretary of Energy 
for various classes of electric vehicles. The Secretary shall review 
those values each year and determine and propose necessary revi-
sions based on the following factors: 
(i) the approximate electrical energy efficiency of the 
vehicle, considering the kind of vehicle and the mission and 
weight of the vehicle. 
(ii) the national average electrical generation and trans-
mission efficiencies. 
(iii) the need of the United States to conserve all forms 
of energy and the relative scarcity and value to the United 
States of all fuel used to generate electricity. 
(iv) the specific patterns of use of electric vehicles compared 
to petroleum-fueled vehicles. 
(b) 
SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES 
MANUFACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1) 
In 
this subsection— 
(A) a passenger automobile is deemed to be manufactured 
domestically in a model year if at least 75 percent of the 
cost to the manufacturer is attributable to value added in 
the United States or Canada, unless the assembly of the auto-
mobile is completed in Canada and the automobile is imported 
into the United States more than 30 days after the end of 
the model year; and 
(B) the fuel economy of a passenger automobile that is 
not manufactured domestically is deemed to be equal to the 
average fuel economy of all passenger automobiles manufac-
tured by the same manufacturer that are not manufactured 
domestically. 
(2)(A) Except as provided in paragraphs (4) and (5) of this 
subsection, the Administrator shall make separate calculations 
under subsection (a)(1)(B) of this section for— 
(i) passenger automobiles manufactured domestically by 
a manufacturer (or included in this category under paragraph 
(3) of this subsection); and 
(ii) passenger automobiles not manufactured domestically 
by that manufacturer (or excluded from this category under 
. paragraph (3) of this subsection). 
(B) Passenger automobiles described in subparagraph (A)(i) 
and (ii) of this paragraph are deemed to be manufactured by sepa-
rate manufacturers under this chapter. 
(3)(A) A manufacturer may submit to the Secretary of Transpor-
tation for approval a plan, including supporting material, stating 
the actions and the deadlines for taking the actions, that will 
ensure that the model or models referred to in subparagraph (B) 
of this paragraph will be manufactured domestically before the 
end of the 4th model year covered by the plan. The Secretary 
promptly shall consider and act on the plan. The Secretary shall 
approve the plan unless— 
(i) the Secretary finds that the plan is inadequate to meet 
the requirements of this paragraph; or 
108 STAT. 1064 
PUBLIC LAW 103-272—JULY 5, 1994 
Notice. 
Federal 
Register, 
publication. 
(ii) the manufacturer previously has submitted a plan 
approved by the Secretary under this paragraph. 
(B) If the plan is approved, the Administrator shall include 
under paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii) 
of this subsection, for each of the 4 model years covered by the 
plan, not more than 150,000 passenger automobiles manufactured 
by that manufacturer but not qualifying as domestically manufac-
tured if— 
(i) the model or models involved previously have not been 
manufactured domestically; 
(ii) at least 50 percent of the cost to the manufacturer 
of each of the automobiles is attributable to value added in 
the United States or Canada; 
(iii) the automobiles, if their assembly was completed in 
Canada, are imported into the United States not later than 
30 days after the end of the model year; and 
(iv) the model or models are manufactured domestically 
before the end of the 4th model year covered by the plan. 
(4)(A) A manufacturer may file with the Secretary of Transpor-
tation a petition for an exemption from the requirement of separate 
calculations under paragraph (2)(A) of this subsection if the manu-
facturer began automobile production or assembly in the United 
States— 
(i) after December 22, 1975, and before May 1, 1980; or 
(ii) after April 30, 1980, if the manufacturer has engaged 
in the production or assembly in the United States for at 
least one model year ending before January 1, 1986. 
(B) The Secretary of Transportation shall grant the exemption 
unless the Secretary finds that the exemption would result in 
reduced employment in the United States related to motor vehicle 
manufacturing during the period of the exemption. An exemption 
under this paragraph is effective for 5 model years or, if requested 
by the manufacturer, a longer period provided by the Secretary 
in the order granting the exemption. The exemption applies to 
passenger automobiles manufactured by that manufacturer during 
the period of the exemption. 
(C) Before granting an exemption, the Secretary of Transpor-
tation shall provide notice of, and reasonable opportunity for, writ-
ten or oral comment about the petition. The period for comment 
shall end not later than 60 days after the petition is filed, except 
that the Secretary may extend the period for not more than another 
30 days. The Secretary shall decide whether to grant or deny 
the exemption, and publish notice of the decision in the Federal 
Register, not later than 90 days after the petition is filed, except 
that the Secretary may extend the time for decision to a later 
date (not later than 150 days after the petition is filed) if the 
Secretary publishes notice of, and reasons for, the extension in 
the Federal Register. If the Secretary does not make a decision 
within the time provided in this subparagraph, the petition is 
deemed to have been granted. Not later than 30 days after the 
end of the decision period, the Secretary shall submit a written 
statement of the reasons for not making a decision to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Representa-
tives. 
(5)(A) A person adversely affected by a decision of the Secretary 
of Transportation granting or denying an exemption may file, not 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1065 
later than 30 days after publication of the notice of the decision, 
a petition for review in the United States Court of Appeals for 
the District of Columbia Circuit. That court has exclusive jurisdic-
tion to review the decision and to affirm, remand, or set aside 
the decision under section 706(2)(A)-(D) of title 5. 
(B) A judgment of the court under this subparagraph may 
be reviewed by the Supreme Court under section 1254 of title 
28. Application for review by the Supreme Court must be made 
not later than 30 days after entry of the court's judgment. 
(C) A decision of the Secretary of Transportation on a petition 
for an exemption under this paragraph may be reviewed administra-
tively or judicially only as provided in this paragraph. 
(6) Notwithstanding section 32903 of this title, during a model 
year when an exemption under this paragraph is effective for a 
manufacturer— 
(A) credit may not be earned under section 32903(a) of 
this title by the manufacturer; and 
(B) credit may not be made available under section 
32903(b)(2) of this title for the manufacturer. 
(c) TESTING AND CAI,CULATION PROCEDURES.—The Adminis-
trator shall measure fuel economy for each model and calculate 
average fuel economy for a manufacturer under testing and calcula-
tion procedures prescribed by the Administrator. However, except 
under section 32908 of this title, the Administrator shall use the 
same procedures for passenger automobiles the Administrator used 
for model year 1975 (weighted 55 percent urban cycle and 45 
percent highway cycle), or procedures that give comparable results. 
A measurement of fuel economy or a calculation of average fuel 
economy (except under section 32908) shall be rounded off to the 
nearest .1 of a mile a gallon. The Administrator shall decide on 
the quantity of other fuel that is equivalent to one gallon of gasoline. 
To the extent practicable, fuel economy tests shall be carried out 
with emissions tests under section 206 of the Clean Air Act (42 
U.S.C. 7525). 
(d) 
EFFECTIVE DATE OF PROCEDURE OR AMENDMENT.—The 
Administrator shall prescribe a procedure under this section, or 
an amendment (except a technical or clerical amendment) in a 
procedure, at least 12 months before the beginning of the model 
year to which the procedure or amendment applies. 
(e) REPORTS AND CONSULTATION.—The Administrator shall 
report measurements and calculations under this section to the 
Secretary of Transportation and shall consult and coordinate with 
the Secretary in carrying out this section. 
§32905. Manufacturing incentives for alternative fuel auto-
mobiles 
(a) DEDICATED AUTOMOBILES.—Except as provided in subsection 
(c) of this section or section 32904(a)(2) of this title, for any model 
of dedicated automobile manufactured by a manufacturer after 
model year 1992, the fuel economy measured for that model shall 
be based on the fuel content of the alternative fuel used to operate 
the automobile. A gallon of a liquid alternative fuel used to operate 
a dedicated automobile is deemed to contain .15 gallon of fuel. 
(b) DUAL FUELED AUTOMOBILES.—Except as provided in sub-
section (d) of this section or section 32904(a)(2) of this title, for 
any model of dual fueled automobile manufactured by a manufac-
turer in model years 1993-2004, the Administrator of the Environ-
108 STAT. 1066 
PUBLIC LAW 103-272—JULY 5, 1994 
Regulations. 
Publication. 
Notice. 
mental Protection Agency shall measure the fuel economy for that 
model by dividing 1.0 by the sum o
f
— 
(1) .5 divided by the fuel economy measured under section 
32904(c) of this title when operating the model on gasoline 
or diesel fuel; and 
(2) .5 divided by the fuel economy measured under sub-
section (a) of this section when operating the model on alter-
native fuel. 
(c) GASEOUS FUEL DEDICATED AUTOMOBILES.—For any model 
of gaseous fuel dedicated automobile manufactured by a manufac-
turer after model year 1992, the Administrator shall measure the 
fuel economy for that model based on the fuel content of the gaseous 
fuel used to operate the automobile. One hundred cubic feet of 
natural gas is deemed to contain .823 gallon equivalent of natural 
gas. The Secretary of Transportation shall determine the appro-
priate gallon equivalent of other gaseous fuels. A gallon equivalent 
of gaseous fuel is deemed to have a fuel content of .15 gallon 
of fuel. 
(d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.—For any model 
of gaseous fuel dual fueled automobile manufactured by a manufac-
turer in model years 1993-2004, the Administrator shall measure 
the fuel economy for that model by dividing 1.0 by the sum of— 
(1) .5 divided by the fuel economy measured under section 
32904(c) of this title when operating the model on gasoline 
or diesel fuel; and 
(2) .5 divided by the fuel economy measured under sub-
section (c) of this section when operating the model on gaseous 
fuel. 
(e) FUEL ECONOMY CALCULATIONS.—The Administrator shall 
calculate the manufacturer's average fuel economy under section 
32904(a)(1) of this title for each model described under subsections 
(a)-(d) of this section by using as the denominator the fuel economy 
measured for each model under subsections (a)-(d). 
(f) EXTENDING APPLICATION OF SUBSECTIONS (b) AND (d).—Not 
later than December 31, 2001, the Secretary of Transportation 
shall— 
(1) extend by regulation the application of subsections (b) 
and (d) of this section for not more than 4 consecutive model 
years immediately after model year 2004 and explain the basis 
on which the extension is granted; or 
(2) publish a notice explaining the reasons for not extending 
the application of subsections (b) and (d) of this section. 
(g) STUDY AND REPORT.—Not later than September 30, 2000, 
the Secretary of Transportation, in consultation with the Secretary 
of Energy and the Administrator, shall complete a study of the 
success of the policy of subsections (b) and (d) of this title, and 
submit to the Committees on Commerce, Science, and Transpor-
tation and Governmental Affairs of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report 
on the results of the study, including preliminary conclusions on 
whether the application of subsections (b) and (d) should be 
extended for up to 4 more model years. The study and conclusions 
shall consider— 
(1) the availability to the public of alternative fueled auto-
mobiles and alternative fuel; 
(2) energy conservation and security; 
(3) environmental considerations; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1067 
(4) other relevant factors. 
§ 32906. Maximum fuel economy increase for alternative fuel 
automobiles 
(a) MAXIMUM INCREASES.—(1)(A) For each of the model years 
1993-2004 for each category of automobile (except an electric auto-
mobile), the maximum increase in average fuel economy for a manu-
facturer attributable to dual fueled automobiles is 1.2 miles a 
gallon. 
(B) If the application of section 32905(b) and (d) of this title 
is extended under section 32905(f) of this title, for each category 
of automobile (except an electric automobile) the maximum increase 
in average fuel economy for a manufacturer for each of the model 
years 2005-2008 attributable to dual fueled automobiles is .9 mile 
a gallon. 
(2) In applying paragraph (1) of this subsection, the Adminis-
trator of the Environmental Protection Agency shall determine the 
increase in a manufacturer's average fuel economy attributable 
to dual fueled automobiles by subtracting from the manufacturer's 
average fuel economy calculated under section 32905(e) of this 
title the number equal to what the manufacturer's average fuel 
economy would be if it were calculated by the formula in section 
32904(a)(1) of this title by including as the denominator for each 
model of dual fueled automobile the fuel economy when the auto-
mobiles are operated on gasoline or diesel fuel. If the increase 
attributable to dual fueled automobiles for any model year 
described— 
(A) in paragraph (1)(A) of this subsection is more than 
1.2 miles a gallon, the limitation in paragraph (1)(A) applies; 
and 
(B) in paragraph (1)(B) of this subsection is more than 
.9 mile a gallon, the limitation in paragraph (1)(B) applies. 
(b) OFFSETS.—Notwithstanding this 
section 
and 
sections 
32901(c) and 32905 of this title, if the Secretary of Transportation 
reduces the average fuel economy standard for passenger auto-
mobiles for any model year below 27.5 miles a gallon, an increase 
in average fuel economy for passenger automobiles of more than 
.7 mile a gallon to which a manufacturer of dual fueled automobiles 
would otherwise be entitled is reduced by an amount equal to 
the amount of the reduction in the standard. However, the increase 
may not be reduced to less than .7 mile a gallon. 
§ 32907. Reports and tests of manufacturers 
(a) MANUFACTURER REPORTS.—(1) A manufacturer shall report 
to the Secretary of Transportation on— 
(A) whether the manufacturer 
will comply with 
an 
applicable average fuel economy standard under section 32902 
of this title for the model year for which the report is made; 
(B) the actions the manufacturer has taken or intends 
to take to comply with the standard; and 
(C) other information the Secretary requires by regulation. 
(2) A manufacturer shall submit a report under paragraph 
(1) of this subsection during the 30 days— 
(A) before the beginning of each model year; and 
(B) beginning on the 180th day of the model year. 
(3) When a manufacturer decides that actions reported under 
paragraph (1)(B) of this subsection are not sufficient to ensure 
108 STAT. 1068 
PUBLIC LAW 103-272—JULY 5, 1994 
compliance with that standard, the manufacturer shall report to 
the Secretary additional actions the manufacturer intends to take 
to comply with the standard and include a statement about whether 
those actions are sufficient to ensure compliance. 
(4) This subsection does not apply to a manufacturer for a 
model year for which the manufacturer is subject to an alternative 
average fuel economy standard under section 32902(d) of this title. 
(b) 
RECORDS, REPORTS, TESTS, INFORMATION, AND INSPEC-
TION.—(1) Under regulations prescribed by the Secretary or the 
Administrator of the Environmental Protection Agency to carry 
out this chapter, a manufacturer shall keep records, make reports, 
conduct tests, and provide items and information. On request and 
display of proper credentials, an officer or employee designated 
by the Secretary or Administrator may inspect automobiles and 
records of the manufacturer. An inspection shall be made at a 
reasonable time and in a reasonable way. 
(2) The district courts of the United States may— 
(A) issue an order enforcing a requirement or request under 
paragraph (1) of this subsection; and 
(B) punish a failure to obey the order as a contempt of 
court. 
§ 32908. Fuel economy information 
(a) DEFINITIONS.—In this section— 
(1) "automobile" includes an automobile rated at not more 
than 8,500 pounds gross vehicle weight regardless of whether 
the Secretary of Transportation has applied this chapter to 
the automobile under section 32901(a)(3)(B) of this title. 
(2) "dealer" means a person residing or located in a State, 
the District of Columbia, or a territory or possession of the 
United States, and engaged in the sale or distribution of new 
automobiles to the first person (except a dealer buying as 
a dealer) that buys the automobile in good faith other than 
for resale. 
Regulations. 
(b) LABELING REQUIREMENTS AND CONTENTS.—(1) Under regu-
lations of the Administrator of the Environmental Protection 
Agency, a manufacturer of automobiles shall attach a label to 
a prominent place on each automobile manufactured in a model 
year. The dealer shall maintain the label. The label shall contain 
the following information: 
(A) the fuel economy of the automobile. 
(B) the estimated annual fuel cost of operating the auto-
mobile. 
(C) the range of fuel economy of comparable automobiles 
of all manufacturers. 
(D) a statement that a booklet is available from the dealer 
to assist in making a comparison of fuel economy of other 
automobiles manufactured by all manufacturers in that model 
year. 
(E) the amount of the automobile fuel efficiency tax imposed 
on the sale of the automobile under section 4064 of the Internal 
Revenue Code of 1986 (26 U.S.C. 4064). 
(F) other information required or authorized by the 
Administrator that is related to the information required by 
clauses (A)-(D) of this paragraph. 
(2) The Administrator may allow a manufacturer to comply 
with this subsection by— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1069 
(A) disclosing the information on the label required under 
section 3 of the Automobile Information Disclosure Act (15 
U.S.C. 1232); and 
(B) including the statement required by paragraph (1)(E) 
of this subsection at a time and in a way that takes into 
account special circumstances or characteristics. 
(3) For dedicated automobiles manufactured after model year 
1992, the fuel economy of those automobiles under paragraph (1)(A) 
of this subsection is the fuel economy for those automobiles when 
operated on alternative fuel, measured under section 32905(a) or 
(c) of this title, multiplied by .15. Each label required under para-
graph (1) of this subsection for dual fueled automobiles shall— 
(A) indicate the fuel economy of the automobile when oper-
ated on gasoline or diesel fuel; 
(B) clearly identify the automobile as a dual fueled auto-
mobile; 
(C) clearly identify the fuels on which the automobile may 
be operated; and 
(D) contain a statement informing the consumer that the Publication, 
additional information required by subsection (c)(2) of this sec-
tion is published and distributed by the Secretary of Energy. 
(c) FUEL ECONOMY INFORMATION BOOKLET.—(1) The Adminis-
trator shall prepare the booklet referred to in subsection (b)(1)(D) 
of this section. The booklet— 
(A) shall be simple and readily understandable; 
(B) shall contain information on fuel economy and esti-
mated annual fuel costs of operating automobiles manufactured 
in each model year; and 
(C) may contain information on geographical or other dif-
ferences in estimated annual fuel costs. 
(2)(A) For dual fueled automobiles manufactured after model 
year 1992, the booklet published under paragraph (1) shall contain 
additional information on— 
(i) the energy efficiency and cost of operation of those 
automobiles when operated on gasoline or diesel fuel as com-
pared to those automobiles when operated on alternative fuel; 
and 
(ii) the driving range of those automobiles when operated 
on gasoline or diesel fuel as compared to those automobiles 
when operated on alternative fuel. 
(B) For dual fueled automobiles, the booklet published under 
paragraph (1) also shall contain— 
(i) information on the miles a gallon achieved by the auto-
mobiles when operated on alternative fuel; and 
(ii) a statement explaining how the information made avail-
able under this paragraph can be expected to change when 
the automobile is operated on mixtures of alternative fuel and 
gasoline or diesel fuel. 
(3) The Secretary of Energy shall publish and distribute the 
Publication. 
booklet. The Administrator shall prescribe regulations requiring 
Regulations. 
dealers to make the booklet available to prospective buyers. 
(d) DISCLOSURE.—^A disclosure about fuel economy or estimated 
annual fuel costs under this section does not establish a warranty 
under a law of the United States or a State. 
(e) VIOLATIONS.—^A violation of subsection (b) of this section 
is— 
79-194 O—95—12 : QL 3 Part 2 
108 STAT. 1070 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) a violation of section 3 of the Automobile Information 
Disclosure Act (15 U.S.C. 1232); and 
(2) an unfair or deceptive act or practice in or affecting 
commerce under the Federal Trade Commission Act (15 U.S.C. 
41 et seq.), except sections 5(m) and 18 (15 U.S.C. 45(m), 
57a). 
(f) CONSULTATION.—The Administrator shall consult with the 
Federal Trade Commission and the Secretaries of Transportation 
and Energy in carrying out this section. 
§ 32909. Judicial review of regulations 
(a) FILING AND VENUE.—(1) A person that may be adversely 
affected by a regulation prescribed in carrying out section 32901-
32904 or 32908 of this title may apply for review of the regulation 
by filing a petition for review in the United States Court of Appeals 
for the District of Columbia Circuit or in the court of appeals 
of the United States for the circuit in which the person resides 
or has its principal place of business. 
(2) A person adversely affected by a regulation prescribed under 
section 32912(c)(1) of this title may apply for review of the regula-
tion by filing a petition for review in the court of appeals of the 
United States for the circuit in which the person resides or has 
its principal place of business. 
(b) TIME FOR FILING AND JUDICIAL PROCEDURES.—The petition 
must be filed not later than 59 days after the regulation is pre-
scribed, except that a petition for review of a regulation prescribing 
an amendment of a standard submitted to Congress under section 
32902(c)(2) of this title must be filed not later than 59 days after 
the end of the 60-day period referred to in section 32902(c)(2). 
The clerk of the court shall send immediately a copy of the petition 
to the Secretary of Transportation or the Administrator of the 
Environmental Protection Agency, whoever prescribed the regula-
tion. The Secretary or the Administrator shall file with the court 
a record of the proceeding in which the regulation was prescribed. 
(c) ADDITIONAL PROCEEDINGS.—(1) When reviewing a regulation 
under subsection (a)(1) of this section, the court, on request of 
the petitioner, may order the Secretary or the Administrator to 
receive additional submissions if the court is satisfied the additional 
submissions are material and there were reasonable grounds for 
not presenting the submissions in the proceeding before the Sec-
retary or Administrator. 
(2) The Secretary or the Administrator may amend or set 
aside the regulation, or prescribe a new regulation because of the 
additional submissions presented. The Secretary or Administrator 
shall file an amended or new regulation and the additional submis-
sions with the court. The court shall review a changed or new 
regulation. 
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—^A 
judgment of a court under this section may be reviewed only by 
the Supreme Court under section 1254 of title 28. A remedy under 
subsections (a)(1) and (c) of this section is in addition to any 
other remedies provided by law. 
§32910. Administrative 
(a) GENERAL POWERS.—(1) In carrying out this chapter, the 
Secretary of Transportation or the Administrator of the Environ-
mental Protection Agency may— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1071 
(A) inspect and copy records of any person at reasonable 
times; 
(B) order a person to file written reports or answers to 
specific questions, including reports or answers under oath; 
and 
(C) conduct hearings, administer oaths, take testimony, 
and subpena witnesses and records the Secretary or Adminis-
: 
trator considers advisable. 
(2) A witness summoned under paragraph (1)(C) of this sub-
section is entitled to the same fee and mileage the witness would 
have been paid in a court of the United States. 
(b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a 
subpena or order of the Secretary or Administrator under subsection 
(a) of this section may be brought in the district court of the 
United States for the judicial district in which the proceeding by 
the Secretary or Administrator was conducted. The court may pun-
ish a failure to obey an order of the court to comply with the 
subpena or order of the Secretary or Administrator as a contempt 
of court. 
(c) 
DISCLOSURE OF INFORMATION.—The Secretary 
and 
the 
Administrator each shall disclose information obtained under this 
chapter (except information obtained under section 32904(c) of this 
title) under section 552 of title 5. However, the Secretary or 
Administrator may withhold information under section 552(b)(4) 
of title 5 only if the Secretary or Administrator decides that disclo-
sure of the information would cause significant competitive damage. 
A matter referred to in section 552(b)(4) and relevant to an adminis-
trative or judicial proceeding under this chapter may be disclosed 
in that proceeding. A measurement or calculation under section 
32904(c) of this title shall be disclosed under section 552 of title 
5 without regard to section 552(b). 
(d) REGULATIONS.—The Administrator may prescribe regula-
tions to carry out duties of the Administrator under this chapter. 
§32911. Compliance 
(a) GENERAL.—A person commits a violation if the person fails 
to comply with this chapter and regulations and standards pre-
scribed and orders issued under this chapter (except sections 32902, 
32903, 32908(b), and 32917(b) and regulations and standards pre-
scribed and orders issued under those sections). The Secretary 
of Transportation shall conduct a proceeding, with an opportunity 
for a hearing on the record, to decide whether a person has commit-
ted a violation. Any interested person may participate in a proceed-
ing under this subsection. 
(b) AUTOMOBILE Mi^sfUFACTURERS.—^A manufacturer of auto-
mobiles commits a violation if the manufacturer fails to comply 
with an applicable average fuel economy standard under section 
32902 of this title. Compliance is determined after considering 
credits available to the manufacturer under section 32903 of this 
title. If average fuel economy calculations under section 32904(c) 
of this title indicate that a manufacturer has violated this sub-
section, the Secretary shall conduct a proceeding, with an oppor-
tunity for a hearing on the record, to decide whether a violation 
has been committed. The Secretary may not conduct the proceeding 
if further measurements of fuel economy, further calculations of 
average fuel economy, or other information indicates a violation 
has not been committed. The results of the measurements and 
Federal 
Register, 
publication. 
108 STAT. 1072 
PUBLIC LAW 103-272—JULY 5, 1994 
Regulations. 
Federal 
Register, 
publication. 
Regulations. 
calculations and the information shall be published in the Federal 
Register. Any interested person may participate in a proceeding 
under this subsection. 
§32912. Civil penalties 
(a) GENERAL PENALTY.—A person that violates section 32911(a) 
of this title is liable to the United States Government for a civil 
penalty of not more than $10,000 for each violation. A separate 
violation occurs for each day the violation continues. 
(b) PENALTY FOR MANUFACTURER VIOLATIONS OF FUEL ECON-
OMY STANDARDS.—Except as provided in subsection (c) of this sec-
tion, a manufacturer that violates a standard prescribed for a 
model year under section 32902 of this title is liable to the Govern-
ment for a civil penalty of $5 multiplied by each .1 of a mile 
a gallon by which the applicable average fuel economy standard 
under that section exceeds the average fuel economy— 
(1) calculated under section 32904(a)(1)(A) or (B) of this 
title for automobiles to which the standard applies manufac-
tured by the manufacturer during the model year; 
(2) multiplied by the number of those automobiles; and 
(3) reduced by the credits available to the manufacturer 
under section 32903 of this title for the model year. 
(c) 
HIGHER 
PENALTY AMOUNTS.—(1)(A) The 
Secretary 
of 
Transportation shall prescribe by regulation a higher amount for 
each . 1 of a mile a gallon to be used in calculating a civil penalty 
under subsection (b) of this section, if the Secretary decides that 
the increase in the penalty— 
(i) will result in, or substantially further, 
substantial 
energy conservation for automobiles in model years in which 
the increased penalty may be imposed; and 
(ii) will not have a substantial deleterious impact on the 
economy of the United States, a State, or a region of a State. 
(B) The amount prescribed under subparagraph (A) of this 
paragraph may not be more than $10 for each .1 of a mile a 
gallon. 
(C) The Secretary may make a decision under subparagraph 
(A)(ii) of this paragraph only when the Secretary decides that 
it is likely that the increase in the penalty will not— 
(i) cause a significant increase in unemployment in a State 
or a region of a State; 
(ii) adversely affect competition; or 
(iii) cause a significant increase in automobile imports. 
(D) A higher amount prescribed under subparagraph (A) of 
this paragraph is effective for the model year beginning at least 
18 months after the regulation stating the higher amount becomes 
final. 
(2) The Secretary shall publish in the Federal Register a pro-
posed regulation under this subsection and a statement of the 
basis for the regulation and provide each manufacturer of auto-
mobiles a copy of the proposed regulation and the statement. The 
Secretary shall provide a period of at least 45 days for written 
public comments on the proposed regulation. The Secretary shall 
submit a copy of the proposed regulation to the Federal Trade 
Commission and request the Commission to comment on the pro-
posed regulation within that period. After that period, the Secretary 
shall give interested persons and the Commission an opportunity 
at a public hearing to present oral information, views, and argu-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1073 
Records. 
Public 
information. 
Federal 
Register, 
publication. 
ments and to direct questions about disputed issues of material 
fact to— 
(A) other interested persons making oral presentations; 
(B) employees and contractors of the Government that 
made written comments or an oral presentation or participated 
in the development or consideration of the proposed regulation; 
and 
(C) experts and consultants that provided information to 
a person that the person includes, or refers to, in an oral 
presentation. 
(3) The Secretary may restrict the questions of an interested 
person and the Commission when the Secretary decides that the 
questions are duplicative or not likely to result in a timely and 
effective resolution of the issues. A transcript shall be kept of 
a public hearing under this subsection. A copy of the transcript 
and written comments shall be available to the public at the cost 
of reproduction. 
(4) The Secretary shall publish a regulation prescribed under 
this subsection in the Federal Register with the decisions required 
under paragraph (1) of this subsection. 
(5) An officer or employee of a department, agency, or 
instrumentality of the Government violates section 1905 of title 
18 by disclosing, except in an in camera proceeding by the Secretary 
or a court, information— 
(A) provided to the Secretary or the court during consider-
ation or review of a regulation prescribed under this subsection; 
and 
(B) decided by the Secretary to be confidential under section 
11(d) of the Energy Supply and Environmental Coordination 
Act of 1974 (15 U.S.C. 796(d)). 
(d) 
WRITTEN NOTICE 
REQUIREMENT.—The Secretary 
shall 
impose a penalty under this section by written notice. 
§ 32913. Compromising and remitting civil penalties 
(a) GENERAL AUTHORITY AND LIMITATIONS.—^The Secretary of 
Transportation may compromise or remit the amount of a civil 
penalty imposed under section 32912(a) or (b) of this title. However, 
the amount of a penalty imposed under section 32912(b) may be 
compromised or remitted only to the extent— 
(1) necessary to prevent the insolvency or bankruptcy of 
the manufacturer of automobiles; 
(2) the manufacturer shows that the violation was caused 
by an act of God, a strike, or a fire; or 
(3) the Federal Trade Commission certifies under sub-
section (b)(1) of this section that a reduction in the penalty 
is necessary to prevent a substantial lessening of competition. 
(b) PENALTY REDUCTION BY COMMISSION.—(1) A manufacturer 
liable for a civil penalty under section 32912(b) of this title may 
apply to the Commission for a certification that the penalty should 
be reduced to prevent a substantial lessening of competition in 
the segment of the motor vehicle industry subject to the standard 
that was violated. The Commission shall make the certification 
Certification, 
when it finds that reduction is necessary to prevent the lessening. 
The Commission shall state in the certification the maximum 
amount by which the penalty may be reduced. 
(2) An application under this subsection must be made not 
later than 30 days after the Secretary decides that the manufacturer 
108 STAT. 1074 
PUBLIC LAW 103-272—JULY 5, 1994 
has violated section 32911(b) of this title. To the maximum extent 
practicable, the Commission shall make a decision on an application 
by the 90th day after the application is filed. A proceeding under 
this subsection may not delay the manufacturer's liability for the 
penalty for more than 90 days after the application is filed. 
(3) When a civil penalty is collected in a civil action under 
this chapter before a decision of the Commission under this sub-
section is final, the payment shall be paid to the court in which 
the action was brought. The court shall deposit the payment in 
the general fund of the Treasury on the 90th day after the decision 
of the Commission becomes final. When the court is holding pay-
ment of a penalty reduced under subsection (a)(3) of this section, 
the Secretary shall direct the court to remit the appropriate amount 
of the penalty to the manufacturer. 
§ 32914. Collecting civil penalties 
(a) CIVIL ACTIONS.—If a person does not pay a civil penalty 
after it becomes a final order of the Secretary of Transportation 
or a judgment of a court of appeals of the United States for a 
circuit, the Attorney General shall bring a civil action in an appro-
priate district court of the United States to collect the penalty. 
The validity and appropriateness of the final order imposing the 
penalty is not reviewable in the action. 
(b) PRIORITY OF CLAIMS.—^A claim of a creditor against a bank-
rupt or insolvent manufacturer of automobiles has priority over 
a claim of the United States Government against the manufacturer 
for a civil penalty under section 32912(b) of this title when the 
creditor's claim is for credit extended before a final judgment (with-
out regard to section 32913(b)(1) and (2) of this title) in an action 
to collect under subsection (a) of this section. 
§ 32915. Appealing civil penalties 
Any interested person may appeal a decision of the Secretary 
of Transportation to impose a civil penalty under section 32912(a) 
or (b) of this title, or of the Federal Trade Commission under 
section 32913(b)(1) of this title, in the United States Court of 
Appeals for the District of Columbia Circuit or in the court of 
appeals of the United States for the circuit in which the person 
resides or has its principal place of business. A person appealing 
a decision must file a notice of appeal with the court not later 
than 30 days after the decision and, at the same time, send a 
copy of the notice by certified mail to the Secretary or the Commis-
sion. The Secretary or the Commission promptly shall file with 
the court a certified copy of the record of the proceeding in which 
the decision was made. 
§32916. Reports to Congress 
Federal 
(a) ANNUAL REPORT.—Not later than January 15 of each year, 
^ejster, 
^]^g Secretary of Transportation shall submit to each House of 
pu ication. 
Congress, and publish in the Federal Register, a report on the 
review by the Secretary of average fuel economy standards pre-
scribed under this chapter. 
(b) JOINT EXAMINATIONS AFTER GRANTING EXEMPTIONS.—(1) 
After an exemption has been granted under section 32904(b)(4) 
of this title, the Secretaries of Transportation and Labor shall 
conduct annually a joint examination of the extent to which section 
32904(b)(4)— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1075 
(A) achieves the purposes of this chapter; 
(B) improves fuel efficiency (thereby faciUtating conserva-
tion of petroleum and reducing petroleum imports); 
(C) has promoted employment in the United States related 
to automobile manufacturing; 
(D) has not caused unreasonable harm to the automobile 
manufacturing sector in the United States; and 
(E) has permitted manufacturers that have assembled pas-
senger automobiles deemed to be manufactured domestically 
under section 32904(b)(1)(A) of this title thereafter to assemble 
in the United States passenger automobiles of the same model 
that have less than 75 percent of their value added in the 
United States or Canada, together with the reasons. 
(2) The Secretary of Transportation shall include the results 
of the examination under paragraph (1) of this subsection in each 
report submitted under subsection (a) of this section more than 
180 days after an exemption has been granted under section 
32904(b)(4) of this title, or submit the results of the examination 
directly to Congress before the report is submitted when cir-
cumstances warrant. 
§ 32917. Standards for executive agency automobiles 
(a) DEFINITION.—In this section, "executive agency" has the 
same meaning given that term in section 105 of title 5. 
(b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall President, 
prescribe regulations that require passenger automobiles leased Regulations, 
for at least 60 consecutive days or bought by executive agencies 
in a fiscal year to achieve a fleet average fuel economy (determined 
under paragraph (2) of this subsection) for that year of at least 
the greater o
f
— 
(A) 18 miles a gallon; or 
(B) the applicable average fuel economy standard under 
section 32902(b) or (c) of this title for the model year that 
includes January 1 of that fiscal year. 
(2) Fleet average fuel economy is— 
(A) the total number of passenger automobiles leased for 
at least 60 consecutive days or bought by executive agencies 
in a fiscal year (except automobiles designed for combat-related 
missions, law enforcement work, or emergency rescue work); 
divided by 
(B) the sum of the fractions obtained by dividing the num-
ber of automobiles of each model leased or bought by the 
fuel economy of that model. 
§32918. Preemption 
(a) GENERAL.—When an average fuel economy standard pre-
scribed under this chapter is in effect, a State or a political subdivi-
sion of a State may not adopt or enforce a law or regulation 
related to fuel economy standards or average fuel economy stand-
ards for automobiles covered by an average fuel economy standard 
under this chapter. 
(b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement 
under section 32908 of this title is in effect, a State or a political 
subdivision of a State may adopt or enforce a law or regulation 
on disclosure of fuel economy or fuel operating costs for an auto-
mobile covered by section 32908 only if the law or regulation is 
identical to that requirement. 
108 STAT. 1076 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) STATE AND POLITICAL SUBDIVISION AUTOMOBILES.—A State 
or a political subdivision of a State may prescribe requirements 
for fuel economy for automobiles obtained for its own use. 
CHAPTER 331—THEFT PREVENTION 
Sec 
33101. 
Definitions. 
33102. Theft prevention standard for high theft lines. 
33103. Theft prevention standard for other lines. 
33104. Designation of high theft vehicle lines and parts. 
33105. Cost limitations. 
33106. Exemption for passenger motor vehicles equipped with anti-theft devices. 
33107. Voluntary vehicle identification standards. 
33108. Monitoring compliance of manufacturers. 
33109. National Stolen Passenger Motor Vehicle Information System. 
33110. Verifications involving junk and salvage motor vehicles. 
33111. Verifications involving motor vehicle major parts. 
33112. Insurance reports and information. 
33113. Theft reports. 
33114. Prohibited acts. 
33115. Civil penalties and enforcement. 
33116. Confidentiality of information. 
33117. Judicial review. 
33118. Preemption of State and local law. 
§33101. Definitions 
In this chapter— 
(1) "chop shop" means a building, lot, facility, or other 
structure or premise at which at least one person engages 
in receiving, concealing, destroying, disassembling, dismantling, 
reassembling, or storing a passenger motor vehicle or passenger 
motor vehicle part that has been unlawfully obtained— 
(A) to alter, counterfeit, deface, destroy, disguise, fal-
sify, forge, obliterate, or remove the identity of the vehicle 
or part, including the vehicle identification number or a 
derivative of that number; and 
(B) to distribute, sell, or dispose of the vehicle or part 
in interstate or foreign commerce. 
(2) "covered major part" means a major part selected under 
sections 33102(c)(1) and 33104 of this title for coverage by 
the vehicle theft prevention standard prescribed under section 
33102 or 33103. 
(3) "existing line" means a line introduced into commerce 
before January 1, 1990. 
(4) "first purchaser" means the person making the first 
purchase other than for resale. 
(5) "line" means a name that a manufacturer of motor 
vehicles applies to a group of motor vehicle models of the 
same make that have the same body or chassis, or otherwise 
are similar in construction or design. 
(6) "major part" means— 
(A) the engine; 
(B) the transmission; 
(C) each door to the passenger compartment; 
(D) the hood; 
(E) the grille; 
(F) each bumper; 
(G) each front fender; 
(H) the deck lid, tailgate, or hatchback; 
(I) each rear quarter panel; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1077 
(J) the trunk floor pan; 
(K) the frame or, for a unitized body, the supporting 
structure serving as the frame; and 
(L) any other part of a passenger motor vehicle that 
the Secretary of Transportation by regulation specifies as 
comparable in design or function to any of the parts listed 
in subclauses (AMK) of this clause. 
(7) "major replacement part" means a major part that 
is— 
(A) an original major part in or on a completed motor 
vehicle and customized or modified after manufacture of 
the vehicle but before the time of its delivery to the first 
purchaser; or 
(B) not installed in or on a motor vehicle at the time 
of its delivery to the first purchaser and the equitable 
or legal title to the vehicle has not been transferred to 
a first purchaser. 
(8) "model year" has the same meaning given that term 
in section 32901(a) of this title. 
(9) "new line" means a line introduced into commerce after 
December 31, 1989. 
(10) "passenger motor vehicle" includes a multipurpose pas-
senger vehicle or light duty truck when that vehicle or truck 
is rated at not more than 6,000 pounds gross vehicle weight. 
(11) "vehicle theft prevention standard" means a minimum 
performance standard for identifying major parts of new motor 
vehicles and major replacement parts by inscribing or affixing 
numbers or symbols on those parts. 
§ 33102. Theft prevention standard for high theft lines 
(a) GENERAL.—(1) The Secretary of Transportation by regula- Regulations. 
tion shall prescribe a vehicle theft prevention standard that con-
forms to the requirements of this chapter. The standard shall apply 
to— 
(A) covered major parts that manufacturers install in pas-
senger motor vehicles in lines designated under section 33104 
of this title as high theft lines; and 
(B) major replacement parts for the major parts described 
in clause (A) of this paragraph. 
(2) The standard may apply only to— 
(A) major parts that manufacturers install in passenger 
motor vehicles having a model year designation later than 
the calendar year in which the standard takes effect; and 
(B) major replacement parts manufactured after the stand-
ard takes effect. 
: ,, 
(b) STANDARD REQUIREMENTS.—The standard shall be prac-
ticable and provide relevant objective criteria. 
(c) 
LIMITATIONS ON MAJOR PART AND REPLACEMENT PART 
STANDARDS.—(1) For a major part installed by the manufacturer 
of the motor vehicle, the standard may not require a part to have 
more than one identification. 
(2) For a major replacement part, the standard may not 
require— 
(A) identification of a part not designed as a replacement 
for a major part required to be identified under the standard; 
or 
108 STAT. 1078 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) the inscribing or affixing of identification except a sym-
bol identifying the manufacturer and a common S3mibol identify-
ing the part as a major replacement part. 
(d) RECORDS AND REPORTS.—^This chapter does not authorize 
the Secretary to require a person to keep records or make reports, 
except as provided in sections 33104(c), 33106(c), 33108(a), and 
33112 of this title. 
§ 33103. Theft prevention standard for other lines 
(a) GENERAL.—Not later than October 25, 1994, the Secretary 
of Transportation shall prescribe a vehicle theft standard that con-
forms to the requirements of this chapter for covered major parts 
that manufacturers install in passenger motor vehicles (except light 
duty trucks) in not more than 50 percent of the lines not designated 
under section 33104 of this title as high theft lines. 
(b) EXTENSION OF APPLICATION.—(1) Not later than 3 years 
after the standard is prescribed under subsection (a) of this section 
and based on the finding of the Attorney General under subsection 
(c) of this section to apply the standard, the Secretary shall apply 
that standard to covered major parts and major replacement parts 
for covered parts that manufacturers install in the lines of pas-
senger motor vehicles (except light duty trucks)— 
(A) not designated under section 33104 of this title as 
high theft lines; and 
(B) not covered by the standard prescribed under subsection 
(a) of this section. 
(2) The Secretary shall include as part of the regulatory 
proceeding under this subsection the finding of, and the record 
developed by, the Attorney General under subsection (c) of this 
section. 
(c) INITIAL REVIEW OF EFFECTIVENESS.—Before the Secretary 
begins a regulatory proceeding under subsection (b) of this section, 
the Attorney General shall make a finding that the Secretary shall 
apply the standard prescribed under subsection (a) of this section 
unless the Attorney General finds, based on information collected 
and analyzed under section 33112 of this title and other information 
the Attorney General develops after providing notice and an oppor-
tunity for a public hearing, that applying the standard prescribed 
in subsection (a) to the remaining lines of passenger motor vehicles 
(except light duty trucks) not covered by that standard would not 
substantially inhibit chop shop operations and motor vehicle thefts. 
The Attorney General also shall consider and include in the record 
additional costs, effectiveness, competition, and available alter-
Records. 
native factors. The Attorney General shall submit to the Secretary 
the finding and record on which the finding is based. 
Notice. 
(d) LONG RANGE REVIEW OF EFFECTIVENESS.—(1) Not later 
than December 31, 1999, the Attorney General shall make separate 
findings, after notice and an opportunity for a public hearing, 
on the following: 
(A) whether the application of the standard under sub-
section (a) or (b) of this subsection, or both, have been effective 
in substantially inhibiting the operation of chop shops and 
motor vehicle theft. 
(B) whether the anti-theft devices for which the Secretary 
has granted exemptions under section 33106 of this title are 
an effective substitute for parts marking in substantially inhib-
iting motor vehicle theft. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1079 
(2)(A) In making the finding under paragraph (1)(A) of this 
subsection, the Attorney General shall— 
(i) consider the additional cost, competition, and available 
alternatives; 
(ii) base that finding on information collected and analyzed 
under section 33112 of this title; 
(iii) consider the effectiveness, the extent of use, and the 
extent to which civil and criminal penalties under section 
33115(b) of this title and section 2322 of title 18 on chop 
shops have been effective in substantially inhibiting operation 
of chop shops and motor vehicle theft; 
(iv) base that finding on the 3-year and 5-year reports 
issued by the Secretary under section 33113 of this title; and 
(v) base that finding on other information the Attorney 
General develops and includes in the public record. 
(B) The Attorney General shall submit a finding under para-
graph (1)(A) of this subsection promptly to the Secretary. If the 
Attorney General finds that the application of the standard under 
subsection (a) or (b) of this section, or both, has not been effective, 
the Secretary shall issue, not later than 180 days after receiving 
that finding, an order terminating the standard the Attorney Gen-
eral found was ineffective. The termination is effective for the 
model year beginning after the order is issued. 
(3) In making a finding under paragraph (1)(B) of this sub-
section, the Secretary shall consider the additional cost, competition, 
and available alternatives. If the Attorney General finds that the 
anti-theft devices are an effective substitute, the Secretary shall 
continue to grant exemptions under section 33106 of this title 
for the model years after model year 2000 at one of the following 
levels that the Attorney Greneral decides: at the level authorized 
before October 25, 1992, or at the level provided in section 
33106(b)(2)(C) of this title for model year 2000. 
(e) EFFECTIVE DATE OF STANDARD.—A standard prescribed 
under this section takes effect at least 6 months after the date 
the standard is prescribed, except that the Secretary may prescribe 
an earlier effective date if the Secretary— 
(1) decides with good cause that the earlier date is in 
the public interest; and 
(2) publishes the reasons for the decision. 
(f) NOTIFICATION OF CONGRESS.—The Secretary and the Attor-
ney General shall inform the appropriate legislative committees 
of Congress with jurisdiction over this part and section 2322 of 
title 18 of actions taken or planned under this section. 
§33104. Designation of high theft vehicle lines and parts 
(a) DESIGNATION, NONAPPLICATION, SELECTION, AND PROCE-
DURES.—(1) For purposes of the standard under section 33102 of 
this title, the following are high theft lines: 
(A) a passenger motor vehicle line determined under sub-
section (b) of this section to have had a new passenger motor 
vehicle theft rate in the 2-year period covering calendar years 
1990 and 1991 greater than the median theft rate for all 
new passenger motor vehicle thefts in that 2-year period. 
(B) a passenger motor vehicle line initially introduced into 
commerce in the United States after December 31, 1989, that 
is selected under paragraph (3) of this subsection as likely 
108 STAT. 1080 
PUBLIC LAW 103-272—JULY 5, 1994 
to have a theft rate greater than the median theft rate referred 
to in clause (A) of this paragraph. 
(C) subject to paragraph (2) of this subsection, a passenger 
motor vehicle line having (for existing lines) or likely to have 
(for new lines) a theft rate below the median theft rate referred 
to in clause (A) of this paragraph, if the major parts in the 
vehicles are selected under paragraph (3) of this subsection 
as interchangeable with the majority of the major parts that 
are subject to the standard and are contained in the motor 
vehicles of a line described in clause (A) or (B) of this paragraph. 
(2) The standard may not apply to any major part of a line 
described in paragraph (1)(C) of this subsection if all the passenger 
motor vehicles of lines that are, or are likely to be, below the 
medi£in theft rate, and that contain parts interchangeable with 
the major parts of the line involved, account (for existing lines), 
or the Secretary of Transportation determines they are likely to 
account (for new lines), for more than 90 percent of the total 
annual production of all lines of that manufacturer containing those 
interchangeable parts. 
(3) The lines, and the major parts of the passenger motor 
vehicles in those lines, that are to be subject to the standard 
may be selected by agreement between the manufacturer and the 
Secretary. If the manufacturer and the Secretary disagree on the 
selection, the Secretary shall select the lines and parts, after notice 
to the manufacturer and opportunity for written comment, and 
subject to the confidentiality requirements of this chapter. 
(4) To the maximum extent practicable, the Secretary shall 
prescribe reasonable procedures designed to ensure that a selection 
under paragraph (3) of this subsection is made at least 6 months 
before the first applicable model year beginning after the selection. 
(5) A manufacturer may not be required to comply with the 
standard under a selection under paragraph (3) of this subsection 
for a model year beginning earlier than 6 months after the date 
of the selection. 
(6) A passenger motor vehicle line subject on October 25, 1992, 
to parts marking requirements under sections 602 and 603 of the 
Motor Vehicle Information and Cost Savings Act (Public Law 92-
513, 86 Stat. 947), as added by section 101(a) of the Motor Vehicle 
Theft Law Enforcement Act of 1984 (Public Law 98-547, 98 Stat. 
2756), continues to be subject to the requirements of this section 
and section 33102 of this title unless the line is exempted under 
section 33106 of this title. 
(b) DETERMINING THEFT RATE FOR PASSENGER VEHICLES.—(1) 
In this subsection, "new passenger motor vehicle thefts", when 
used in reference to a calendar year, means thefts in the United 
States in that year of passenger motor vehicles with the same 
model-year designation as that calendar year. 
(2) Under subsection (a) of this section, the theft rate for 
passenger motor vehicles of a line shall be determined by a 
fraction— 
(A) the numerator of which is the number of new passenger 
motor vehicle thefts for that line during the 2-year period 
referred to in subsection (a)(1)(A) of this section; and 
(B) the denominator of which is the sum of the respective 
production volumes of all passenger motor vehicles of that 
line (as reported to the Administrator of the Environmental 
Protection Agency under chapter 329 of this title) that are 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1081 
of model years 1990 and 1991 and are distributed for sale 
in commerce in the United States. 
(3) Under subsection (a) of this section, the median theft rate 
for all new passenger motor vehicle thefts during that 2-year period 
is the theft rate midway between the highest and the lowest theft 
rates determined under paragraph (2) of this subsection. If there 
is an even number of theft rates determined under paragraph 
(2), the median theft rate is the arithmetic average of the 2 adjoin-
ing theft rates midway between the highest and the lowest of 
those theft rates. 
(4) In consultation with the Director of the Federal Bureau 
of Investigation, the Secretary periodically shall obtain from the 
most reliable source accurate and timely theft and recovery informa-
tion and publish the information for review and comment. To the 
greatest extent possible, the Secretary shall use theft information 
reported by United States Government, State, and local police. 
After publication and opportunity for comment, the Secretary shall 
use the theft information to determine the median theft rate under 
this subsection. The Secretary and the Director shall take any 
necessary actions to improve the accuracy, reliability, and timeliness 
of the information, including ensuring that vehicles represented 
as stolen are really stolen. 
(5) The Secretary periodically (but not more often than once 
every 2 years) may redetermine and prescribe by regulation the 
median theft rate under this subsection. 
(c) PROVIDING INFORMATION.—The Secretary by regulation shall 
require each manufacturer to provide information necessary to 
select under subsection (a)(3) of this section the high theft lines 
and the major parts to be subject to the standard. 
(d) APPLICATION.—Except as provided in section 33106 of this 
title, the Secretary may not make the standard inapplicable to 
a line that has been subject to the standard. 
§ 33105. Cost limitations 
(a) MAXIMUM MANUFACTURER COSTS.—^A standard under sec-
tion 33102 or 33103 of this title may not impose— 
(1) on a manufacturer of motor vehicles, compliance costs 
of more than $15 a motor vehicle; or 
(2) on a manufacturer of major replacement parts, compli-
ance costs for each part of more than the reasonable amount 
(but less than $15) that the Secretary of Transportation speci-
fies in the standard. 
(b) COSTS INVOLVED IN ENGINES AND TRANSMISSIONS.—For a 
manufacturer engaged in identifying engines or transmissions on 
October 25, 1984, in a way that substantially complies with the 
standard— 
(1) the costs of identifying engines and transmissions may 
not be considered in calculating the manufacturer's costs under 
subsection (a) of this section; and 
(2) the manufacturer may not be required under the stand-
ard to conform to any identification system for engines and 
transmissions that imposes greater costs on the manufacturer 
than are incurred under the identification system used by the 
manufacturer on October 25, 1984. 
(c) COST ADJUSTMENTS.—(1) In this subsection— 
(A) "base period" means calendar year 1984. 
Publication. 
Regulations. 
108 STAT. 1082 
PUBLIC LAW 103-272—JULY 5, 1994 
Certification. 
Federal 
Register, 
publication. 
(B) "price index" means the average over a calendar year 
of the Consumer Price Index (all items—^United States city 
average) published monthly by the Secretary of Labor. 
(2) At the beginning of each calendar year, as necessary data 
become available from the Bureau of Labor Statistics, the Secretary 
of Labor shall certify to the Secretary of Transportation and publish 
in the Federal Register the percentage difference between the price 
index for the 12 months before the beginning of the calendar year 
and the price index for the base period. For model years beginning 
in that calendar year, the amounts specified in subsection (a) of 
this section shall be adjusted by the percentage difference. 
§33106. Exemption for passenger motor vehicles equipped 
with anti-theft devices 
(a) DEFINITIONS.—In this section— 
(1) "anti-theft device" means a device to reduce or deter 
theft that— 
(A) is in addition to the theft-deterrent devices required 
by motor vehicle safety standard numbered 114 in section 
571.114 of title 49, Code of Federal Regulations; 
(B) the manufacturer believes will be effective in reduc-
ing or deterring theft of motor vehicles; and 
(C) does not use a signaling device reserved by State 
law for use on police, emergency, or official vehicles, or 
on schoolbuses. 
(2) "standard 
equipment" means 
equipment 
already 
installed in a motor vehicle when it is delivered from the 
manufacturer and not an accessory or other item that the 
first purchaser customarily has the option to have installed. 
(b) GRANTING EXEMPTIONS AND LIMITATIONS.—(1) A manufac-
turer may petition the Secretary of Transportation for an exemption 
from a requirement of a standard prescribed under section 33102 
or 33103 of this title for a line of passenger motor vehicles equipped 
as standard equipment with an anti-theft device that the Secretary 
decides is likely to be as effective in reducing and deterring motor 
vehicle theft as compliance with the standard. 
(2) The Secretary may grant an exemption— 
(A) for model year 1987, for not more than 2 lines of 
a manufacturer; 
(B) for each of the model years 1988-1996, for not more 
than 2 additional lines of a manufacturer; 
(C) for each of the model years 1997-2000, for not more 
than one additional line of a manufacturer; and 
(D) for each of the model years after model year 2000, 
for the number of lines that the Attorney General decides 
under section 33103(d)(3) of this title. 
(3) An additional exemption granted under subparagraph (2)(B) 
or (C) of this paragraph does not affect an exemption previously 
granted. 
(c) PETITIONING PROCEDURE.—^A petition must be filed not later 
than 8 months before the start of production for the first model 
year covered by the petition. The petition must include— 
(1) a detailed description of the device; 
(2) the reasons for the manufacturer's conclusion that the 
device will be effective in reducing and deterring theft of motor 
vehicles; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1083 
(3) additional information the Secretary reasonably may 
require to make the decision described in subsection (b)(1) 
of this section. 
(d) DECISIONS AND APPROVALS.—^The Secretary shall make a 
decision about a petition filed under this section not later than 
120 days after the date the petition is filed. A decision approving 
a petition must be based on substantial evidence. The Secretary 
may approve a petition in whole or in part. If the Secretary does 
not make a decision within the 120-day period, the petition shall 
be deemed to be approved and the manufacturer shall be exempt 
from the standard for the line covered by the petition for the 
subsequent model year. 
(e) RESCISSIONS.—The Secretary may rescind an exemption if 
the Secretary decides that the anti-theft device has not been as 
effective in reducing and deterring motor vehicle theft as compliance 
with the standard. A rescission may be effective only— 
(1) for a model year after the model year in which the 
rescission occurs; and 
(2) at least 6 months after the manufacturer receives writ-
ten notice of the rescission from the Secretary. 
§33107. Voluntary vehicle identincation standards 
(a) ELECTION TO INSCRIBE OR AFFIX IDENTIFYING MARKS.— 
The Secretary of Transportation by regulation may prescribe a 
vehicle theft prevention standard under which a person may elect 
to inscribe or affix an identifying number or symbol on major 
parts of a motor vehicle manufactured or owned by the person 
for purposes of section 511 of title 18 and related provisions. The 
standard may include provisions for registration of the identification 
with the Secretary or a person designated by the Secretary. 
(b) STANDARD REQUIREMENTS.—The standard under this section 
shall be practicable and provide relevant objective criteria. 
(c) VOLUNTARY COMPLIANCE.—Compliance with the standard 
under this section is voluntary. Failure to comply does not subject 
a person to a penalty or enforcement under this chapter. 
(d) COMPLIANCE WITH OTHER STANDARDS.—Compliance with 
the standard under this section does not relieve a manufacturer 
from a requirement of a standard prescribed under section 33102 
or 33103 of this title. 
§33108. Monitoring compliance of manufacturers 
(a) 
RECORDS, REPORTS, INFORMATION, AND INSPECTION.—To 
enable the Secretary of Transportation to decide whether a manu-
facturer of motor vehicles containing a part subject to a standard 
prescribed under section 33102 or 33103 of this title, or a manufac-
turer of major replacement parts subject to the standard, is comply-
ing with this chapter and the standard, the Secretary may require 
the manufacturer to— 
(1) keep records; 
(2) make reports; 
(3) provide items and information; and 
(4) allow an officer or employee designated by the Secretary 
to inspect the vehicles and parts and relevant records of the 
manufacturer. 
(b) ENTRY AND INSPECTION.—To enforce this chapter, an officer 
or employee designated by the Secretary, on presenting appropriate 
credentials and a written notice to the owner, operator, or agent 
108 STAT. 1084 
PUBLIC LAW 103-272—JULY 5, 1994 
in charge, may inspect a facility in which motor vehicles containing 
major parts subject to the stgmdard, or major replacement parts 
subject to the standard, are manufactured, held for introduction 
into interstate commerce, or held for sale after introduction into 
interstate commerce. An inspection shall be conducted at a reason-
able time, in a reasonable way, and with reasonable promptness. 
(c) CERTIFICATION OF COMPLIANCE.—(1) A manufacturer of a 
motor vehicle subject to the standard, and a manufacturer of a 
major replacement part subject to the standard, shall provide at 
the time of delivery of the vehicle or part a certification that 
the vehicle or part conforms to the applicable motor vehicle theft 
prevention standard. The certification shall accompany the vehicle 
or part until its delivery to the first purchaser. The Secretary 
by regulation may prescribe the type and form of the certification. 
(2) This subsection does not apply to a motor vehicle or major 
replacement part that is— 
(A) intended only for export; 
(B) labeled only for export on the vehicle or replacement 
part and the outside of any container until exported; and 
(C) exported. 
(d) NOTIFICATION OF ERROR.—^A manufacturer shall notify the 
Secretary if the manufacturer discovers that— 
(1) there is an error in the identification (required by 
the standard) applied to a major part installed by the manufac-
turer in a motor vehicle during its assembly, or to a major 
replacement part manufactured by the manufacturer; and 
(2) the motor vehicle or major replacement part has entered 
interstate commerce. 
§33109. National Stolen Passenger Motor Vehicle Informa-
tion System 
(a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993, 
the Attorney (General shall establish, and theresifter maintain, a 
National Stolen Passenger Motor Vehicle Information 
System 
containing the vehicle identification numbers of stolen passenger 
motor vehicles and stolen passenger motor vehicle parts. The Sys-
tem shall be located in the National Crime Information Center 
and shall include at least the following information on each pas-
senger motor vehicle reported to a law enforcement authority as 
stolen and not recovered: 
(A) the vehicle identification number. 
(B) the make and model year. 
(C) the date on which the vehicle was reported as stolen. 
(D) the location of the law enforcement authority that 
received the report of the theft of the vehicle. 
(E) the identification numbers of the vehicle parts (or 
derivatives of those numbers), at the time of the theft, if those 
numbers are different from the vehicle identification number 
of the vehicle. 
(2) In establishing the System, the Attorney General shall 
consult with— 
(A) State and local law enforcement authorities; and 
(B) the National Crime Information Center Policy Advisory 
Board to ensure the security of the information in the System 
and that the System will not compromise the security of stolen 
passenger motor vehicle and passenger motor vehicle parts 
information in the System. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1085 
(3) If the Attorney Greneral decides that the Center is not 
able to perform the functions of the System, the Attorney General 
shall make an agreement for the operation of the System separate 
from the Center. 
(4) The Attorney General shall prescribe by regulation the R^ulations. 
effective date of the System, 
(b) REQUESTS FOR INFORMATION.—(1) The Attorney General 
Emulations, 
shall prescribe by regulation procedures under which an individual 
or entity intending to transfer a passenger motor vehicle or pas-
senger motor vehicle part may obtain information on whether the 
vehicle or part is listed in the System as stolen. 
(2) On request of an insurance carrier, a person lawfully selling 
or distributing passenger motor vehicle parts in interstate com-
merce, or an individual or enterprise engaged in the business of 
repairing passenger motor vehicles, the Attorney General (or the 
entity the Attorney General designates) immediately shall inform 
the insurance carrier, person, individual, or enterprise whether 
the System has a record of a vehicle or vehicle part with a particular 
vehicle identification number (or derivative of that number) being 
reported as stolen. The Attorney (Jeneral may require appropriate 
verification to ensure that the request is legitimate and will not 
compromise the security of the System. 
(c) ADVISORY COMMITTEE.—<1) Not later than December 24, 
1992, the Attorney General shall establish in the Department of 
Justice an advisory committee. The Attorney General shall develop 
the System with the advice and recommendations of the committee. 
(2)(A) The committee is composed of the following 10 members: 
(i) the Attorney Cxeneral. 
(ii) the Secretary of Transportation. 
(iii) one individual who is qualified to represent the 
interests of the law enforcement community at the State level. 
(iv) one individual who is qualified to represent the 
interests of the law enforcement community at the local level. 
(v) one individual who is qualified to represent the interests 
of the automotive recycling industry. 
(vi) one individual who is qualified to represent the 
interests of the automotive repair industry. 
(vii) one individual who is qualified to represent the 
interests of the automotive rebuilders industry. 
(viii) one individual who is qualified to represent the 
interests of the automotive parts suppliers industry. 
(ix) one individual who is qualified to represent the 
interests of the insurance industry. 
(x) one individual who is qualified to represent the interests 
of consumers. 
(B) The Attorney (Jeneral shall appoint the 
individuals 
described in subparagraph (A)(iii)-(x) of this paragraph and shall 
serve as chairman of the committee. 
(3) The committee shall make recommendations on developing 
and carrying out— 
(A) the National Stolen Passenger Motor Vehicle Informa-
tion System; and 
(B) the verification system under section 33110 of this 
title. 
(4) Not later than April 25, 1993, the committee shall submit 
Reports, 
to the Attorney General, the Secretary, and Congress a report 
including the recommendations of the committee. 
108 STAT. 1086 
PUBLIC LAW 103-272—JULY 5, 1994 
§33110. Verifications involving junk and salvage motor 
vehicles 
(a) DEFINITION.—In this section, "vehicle identification number" 
means a unique identification number (or derivative of that number) 
assigned to a passenger motor vehicle by a manufacturer in compli-
ance with applicable regulations. 
(b) GENERAL REQUIREMENTS.—(l)If an insursmce carrier selling 
comprehensive motor vehicle insurance coverage obtains possession 
of and transfers a junk motor vehicle or a salvage motor vehicle, 
the carrier shall— 
(A) under procedures the Attorney General prescribes by 
regulation under section 33109 of this title in consultation 
with the Secretary of Transportation, verify whether the vehicle 
is reported as stolen; and 
(B) provide the purchaser or transferee of the vehicle from 
the insurance carrier verification identifying the vehicle identi-
fication number and verifying that the vehicle has not been 
reported as stolen or, if reported as stolen, that the carrier 
has recovered the vehicle and has proper legal title to the 
vehicle. 
(2)(A) This subsection does not prohibit an insurance carrier 
from transferring a motor vehicle if, within a reasonable period 
of time during normal business operations (as decided by the Attor-
ney General under section 33109 of this title) using reasonable 
efforts, the carrier— 
(i) has not been informed under the procedures prescribed 
in section 33109 of this title that the vehicle has not been 
reported as stolen; or 
(ii) has not otherwise established whether the vehicle has 
been reported as stolen. 
(B) When a carrier transfers a motor vehicle for which the 
carrier has not established whether the vehicle has been reported 
as stolen, the carrier shall provide written certification to the trans-
feree that the carrier has not established whether the vehicle has 
been reported as stolen. 
(c) REGULATIONS.—In consultation with the Secretary, the 
Attorney General shall prescribe regulations necessary to ensure 
that verification performed and provided by an insurance carrier 
under subsection (b)(1)(B) of this section is uniform, effective, and 
resistant to fraudulent use. 
§33111. VeriHcations involving motor vehicle major parts 
(a) GENERAL REQUIREMENTS.—^A person engaged in the busi-
ness of salvaging, dismantling, recycling, or repairing passenger 
motor vehicles may not knowingly sell in commerce or transfer 
or install a major part marked with an identification number 
without— 
(1) first establishing, through a procedure the Attorney 
General by regulation prescribes in consultation with the Sec-
retary of Transportation under section 33109 of this title, that 
the major part has not been reported as stolen; and 
(2) 
providing 
the 
purchaser 
or 
transferee 
with 
a 
verification— 
(A) identifying the vehicle identification number (or 
derivative of that number) of that major part; and 
(B) verifying that the major part has not been reported 
as stolen. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1087 
(b) NONAPPLICATION.—(1) Subsection (a) of this section does 
not apply to a person that— 
(A) is the manufacturer of the major part; 
(B) has purchased the major part directly from the manu-
facturer; or 
(C) has received a verification from an insurance carrier 
under section 33110 of this title that the motor vehicle from 
which the major part is derived las not been reported as 
stolen, or that the carrier has not established whether that 
vehicle has been stolen. 
(2) A person described under paragraph (1)(C) of this subsection 
that subsequently transfers or sells in commerce the motor vehicle 
or a major part of the vehicle shall provide the verification received 
from the carrier to the person to whom the vehicle or part is 
transferred or sold. 
(c) REGULATIONS.—The Attorney General shall prescribe regula-
tions to carry out this section. The regulations shall include regula-
tions prescribed in consultation with the Secretary that are nec-
essary to ensure that a verification a person provides under sub-
section (a)(2) of this section is uniform, effective, and resistant 
to fraudulent use. 
§ 33112. Insurance reports and information 
(a) PURPOSES.—The purposes of this section are— 
(1) to prevent or discourage the theft of motor vehicles, 
particularly those stolen for the removal of certain parts; 
(2) to prevent or discourage the sale and distribution in 
interstate commerce of used parts that are removed from those 
vehicles; and 
(3) to help reduce the cost to consumers of comprehensive 
insurance coverage for motor vehicles. 
(b) DEFINITIONS.—In this section— 
(1) "insurer" includes a person (except a governmental 
authority) having a fleet of at least 20 motor vehicles that 
are used primarily for rental or lease and are not covered 
by a theft insurance policy issued by an insurer of passenger 
motor vehicles. 
(2) "motor vehicle" includes a truck, a multipurpose pas-
senger vehicle, and a motorcycle. 
(c) ANNUAL 
INFORMATION REQUIREMENT.—(1) An insurer 
providing comprehensive coverage for motor vehicles shall provide 
annually to the Secretary of Transportation information on— 
(A) the thefts and recoveries (in any part) of motor vehicles; 
(B) the number of vehicles that have been recovered intact; 
(C) the rating rules and plans, such as loss information 
and rating characteristics, used by the insurer to establish 
premiums for comprehensive coverage, including the basis for 
the premiums, and premium penalties for motor vehicles consid-
ered by the insurer as more likely to be stolen; 
(D) the actions taken by the insurer to reduce the pre-
miums, including changing rate levels for comprehensive cov-
erage because of a reduction in thefts of motor vehicles; 
(E) the actions taken by the insurer to assist in deterring 
or reducing thefts of motor vehicles; and 
(F) other information the Secretary requires to carry out 
this chapter and to make the report and findings required 
by this chapter. 
108 STAT. 1088 
PUBLIC LAW 103-272—JULY 5, 1994 
R^ulations. 
Publication. 
(2) The information on thefts and recoveries shall include an 
explanation on how the information is obtained, the accuracy and 
timeliness of the information, and the use made of the information, 
including the extent and frequency of reporting the information 
to national, public, and private entities such as the Federal Bureau 
of Investigation and State and local police. 
(d) REPORTS ON REDUCED CLAIMS PAYMENTS.—An insurer shall 
report promptly in writing to the Secretary if the insurer, in paying 
a claim under an adjustment or negotiation between the insurer 
and the insured for a stolen motor vehicle— 
(1) reduces the payment to the insured by the amount 
of the value, salvage or otherwise, of a recovered part subject 
to a standard prescribed under section 33102 or 33103 of this 
title; and 
(2) the reduction is not made at the express election of 
the insured. 
(e) GENERAL EXEMPTIONS.—The Secretary shall exempt from 
this section, for one or more years, an insurer that the Secretary 
decides should be exempted because— 
(1) the cost of preparing and providing the information 
is excessive in relation to the size of the insurer's business; 
and 
(2) the information from that insurer will not contribute 
significantly to carrying out this chapter. 
(f) SMALL INSURER EXEMPTIONS.—(1) In this subsection, "small 
insurer" means an insurer whose premiums for motor vehicle insur-
ance issued directly or through an affiliate, including a pooling 
arrangement established under State law or regulation for the 
issuance of motor vehicle insurance, account for— 
(A) less than one percent of the total premiums for all 
forms of motor vehicle insurance issued by insurers in the 
United States; and 
(B) less than 10 percent of the total premiums for all 
forms of motor vehicle insurance issued by insurers in any 
State. 
(2) The Secretary shall exempt by regulation a small insurer 
from this section if the Secretary finds that the exemption will 
not significantly affect the validity or usefulness of the information 
collected and compiled under this section, nationally or State-by-
State. However, the Secretary may not exempt an insurer under 
this paragraph that is considered an insurer only because of sub-
section (bXD of this section. 
(3) Regulations under this subsection shall provide that eligi-
bility as a small insurer shall be based on the most recent calendar 
year for which adequate information is available, and that, once 
attained, the eligibility shall continue without further demonstra-
tion of eligibility for one or more years, as the Secretary considers 
appropriate. 
(g) PRESCRIBED FORM.—Information required by this section 
shall be provided in the form the Secretary prescribes. 
(h) PERIODIC COMPILATIONS.—Subject to section 552 of title 
5, the Secretary periodically shall compile and publish information 
obtained by the Secretary under this section, in a form that will 
be helpful to the public, the police, and Congress. 
(i) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with public and private agencies and associations 
the Secretary considers appropriate. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1089 
§33113. Theft reports 
(a) TRUCK, MULTIPURPOSE PASSENGER VEHICLE, AND MOTOR-
CYCLE REPORT.—^Not later than October 25, 1995, the Secretary 
of Transportation shall submit a report to Congress that includes— 
(1) information on the number of trucks, multipurpose pas-
senger vehicles, and motorcycles distributed for sale in inter-
state commerce that are stolen and recovered annually, com-
piled by model, make, and line; 
(2) information on the extent to which trucks, multipurpose 
passenger vehicles, and motorcycles stolen annually are 
, ~ 
dismantled to recover parts or are exported; 
^~ 
(3) a description of the market for the stolen parts; 
(4) information on the premiums charged by insurers of 
comprehensive coverage of trucks, multipurpose passenger 
vehicles, or motorcycles, including any increase in the premiums 
charged because any of those motor vehicles is a likely can-
didate for theft; 
(5) an assessment of whether the identification of parts 
of trucks, multipurpose passenger vehicles, and motorcycles 
is likely— 
(A) to decrease the theft rate of those motor vehicles; 
(B) to increase the recovery rate of those motor 
vehicles; 
(C) to decrease the trafficking in stolen parts of those 
motor vehicles; 
(D) to stem the export and import of those stolen 
motor vehicles or parts; or 
(E) to have benefits greater than the costs of the identi-
fication; and 
(6) recommendations on whether, and to what extent, the 
identification of trucks, multipurpose passenger vehicles, and 
motorcycles should be required by law. 
(b) MOTOR VEHICLE REPORT.—Not later than October 25, 1997, 
the Secretary shall submit a report to Congress that includes— 
(1) information on— 
<^ 
(A) the methods and procedures used by public and 
private entities to collect, compile, and 
disseminate 
information on the theft and recovery of motor vehicles, 
including classes of motor vehicles; and 
(B) the reliability and timeliness of the information 
and how the information can be improved; 
(2) information on the number of motor vehicles distributed 
for sale in interstate commerce that are stolen and recovered 
annually, compiled by class, model, make, and line; 
(3) information on the extent to which motor vehicles stolen 
annually are dismantled to recover parts or are exported; 
(4) a description of the market for the stolen parts; 
(5) information on— 
(A) the costs to manufacturers and purchasers of pas-
senger motor vehicles of compliance with the standards 
prescribed under this chapter; 
(B) the beneficial impacts of the standards and the 
monetary value of the impacts; and 
(C) the extent to which the monetary value is greater 
than the costs; 
(6) information on the experience of officials of the United 
States Government, States, and localities in— 
108 STAT. 1090 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) making arrests and successfully prosecuting per-
sons for violating a law set forth in title II or III of the 
Motor Vehicle Theft Law Enforcement Act of 1984; 
(B) preventing or reducing the number and rate of 
thefts of motor vehicles that are dismantled for parts sub-
ject to this chapter; and 
(C) preventing or reducing the availability of used parts 
that are stolen from motor vehicles subject to this chapter; 
(7) information on the premiums charged by insurers of 
comprehensive coverage of motor vehicles subject to this chap-
ter, including any increase in the premiums charged because 
a motor vehicle is a likely candidate for theft, and the extent 
to which the insurers have reduced for the benefit of consumers 
the premiums, or foregone premium increases, because of this 
chapter; 
(8) information on the adequacy and effectiveness of laws 
of the United States and the States aimed at preventing the 
distribution and sale of used parts that have been removed 
from stolen motor vehicles and the adequacy of systems avail-
able to enforcement personnel for tracing parts to determine 
if they have been stolen from a motor vehicle; 
(9) an assessment of whether the identification of parts 
of other classes of motor vehicles is likely— 
(A) to decrease the theft rate of those vehicles; 
(B) to increase the recovery rate of those vehicles; 
(C) to decrease the trafficking in stolen parts of those 
vehicles; 
(D) to stem the export and import of those stolen 
vehicles, parts, or components; or 
(E) to have benefits greater than the costs of the identi-
fication; and 
(10) other relevant and reliable information available to 
the Secretary about the impact, including the beneficial impact, 
of the laws set forth in titles II and III of the Motor Vehicle 
Theft Law Enforcement Act of 1984 on law enforcement, 
consumers, and manufacturers; and 
(11) recommendations (including, as appropriate, legislative 
and administrative recommendations) for— 
(A) continuing without change the standards prescribed 
under this chapter; 
(B) amending this chapter to cover more or fewer lines 
of passenger motor vehicles; 
(C) amending this chapter to cover other classes of 
motor vehicles; or 
(D) ending the standards for all future motor vehicles. 
(c) BASES OF REPORTS.—(1) The reports under subsections (a) 
and (b) of this section each shall be based on— 
(A) information reported under this chapter by insurers 
of motor vehicles and manufacturers of motor vehicles and 
major replacement parts; 
(B) information provided by the Federal Bureau of Inves-
tigation; 
(C) experience obtained in carrying out this chapter; 
(D) experience of the Government under the laws set forth 
in titles II and III of the Motor Vehicle Theft Law Enforcement 
Act of 1984; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1091 
(E) other relevant and reliable information available to 
the Secretary, 
(2) In preparing each report, the Secretary shall consult with 
the Attorney General and State and local law enforcement officials, 
as appropriate. 
(3) The report under subsection (b) of this section shall— 
(A) cover a period of at least 4 years after the standards 
required by this chapter are prescribed; and 
(B) reflect any information, as appropriate, from the report 
under subsection (a) of this section, updated from the date 
of the report. 
(4) At least 90 days before submitting each report to Congress, Publication, 
the Secretary shall publish a proposed report for public review 
and an opportunity of at least 45 days for written comment. The 
Secretary shall consider those comments in preparing the report 
to be submitted and include a summary of the comments with 
the submitted report. 
§33114. Prohibited acts 
(a) GENERAL.—A person may not— 
(1) manufacture for sale, sell, offer for sale, introduce or 
deliver for introduction in interstate commerce, or import into 
the United States, a motor vehicle or major replacement part 
subject to a standard prescribed under section 33102 or 33103 
of this title, unless it conforms to the standard; 
(2) fail to comply with a regulation prescribed by the Sec-
retary of Transportation or Attorney General under this chap-
ter; 
(3) fail to keep specified records, refuse access to or copying 
of records, fail to make reports or provide items or information, 
or fail or refuse to allow entry or inspection, as required by 
this chapter; 
(4) fail to provide the certification required by section 
33108(c) of this title, or provide a certification that the person 
knows, or in the exercise of reasonable care has reason to 
know, is false or misleading in a material respect; or 
(5) knowingly— 
(A) own, operate, maintain, or control a chop shop; 
(B) conduct operations in a chop shop; or 
(C) transport a passenger motor vehicle or passenger 
motor vehicle part to or from a chop shop. 
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not 
apply to a person establishing that in the exercise of reasonable 
care the person did not have reason to know that the motor vehicle 
or major replacement part was not in conformity with the standard. 
§ 33115. Civil penalties and enforcement 
(a) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT.—(1) 
A person that violates section 33114(a)(l)-(4) of this title is liable 
to the United States Government for a civil penalty of not more 
than $1,000 for each violation. The failure of more than one part 
of a single motor vehicle to conform to an applicable standard 
under section 33102 or 33103 of this title is only a single violation. 
The maximum penalty under this subsection for a related series 
of violations is $250,000. 
108 STAT. 1092 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) The Secretary of Transportation imposes a civil penalty 
under this subsection. The Secretary may compromise the amount 
of a penalty. 
(3) In determining the amount of a civil penalty or compromise 
under this subsection, the Secretary shall consider the size of the 
person's business and the gravity of the violation. 
(4) The Attorney (General shall bring a civil action in a United 
States district court to collect a civil penalty imposed under this 
subsection. 
(5) The Government may deduct the amount of a civil penalty 
imposed or compromised under this subsection from amounts it 
owes the person liable for the penalty. 
(b) CHOP SHOP PENALTY AND ENFORCEMENT.—(1) A person 
that violates section 33114(a)(5) of this title is liable to the Govern-
ment for a civil penalty of not more than $100,000 a day for 
each violation. 
(2) As appropriate and in consultation with the Attorney Gen-
eral, the Secretary shall— 
(A) bring a civil action for a temporary or permanent injunc-
tion to restrain a person violating section 33114(a)(5) of this 
section; 
(B) impose and recover the penalty described in paragraph 
(1) of this subsection; or 
(C) take both the actions described in clauses (A) and 
(B) of this paragraph. 
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may 
bring a civil action in a United States district court to enjoin 
a violation of this chapter or the sale, offer for sale, introduction 
or delivery for introduction in interstate commerce, or importation 
into the United States, of a passenger motor vehicle containing 
a major part, or of a major replacement part, that is subject to 
the standard and is determined before the sale of the vehicle 
or part to a first purchaser not to conform to the standard. 
(2)(A) When practicable, the Secretary— 
(i) shall notify a person against whom an action under 
this subsection is planned; 
(ii) shall give the person an opportunity to present that 
person's views; and 
(iii) except for a knowing and willful violation, shall give 
the person a reasonable opportunity to comply. 
(B) The failure of the Secretary to comply with subparagraph 
(A) of this paragraph does not prevent a court from granting appro-
priate relief. 
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt 
for violating an injunction or restraining order issued under sub-
section (c) of this section, the violation of which is also a violation 
of this chapter, the defendant may demand a jury trial. The defend-
ant shall be tried as provided in rule 42(b) of the Federal Rules 
of Criminal Procedure (18 App. U.S.C). 
(e) VENUE.—^A civil action under subsection (a) or (c) of this 
section may be brought in the judicial district in which the violation 
occurred or the defendant resides, is found, or transacts business. 
Process in the action may be served in any other judicial district 
in which the defendant resides or is found. A subpena for a witness 
in the action may be served in any judicial district. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1093 
§33116. Conndentialityof infomiation 
(a) GENERAL.—Information obtained by the Secretary of 
Transportation under this chapter related to a confidential matter 
referred to in section 1905 of title 18 may be disclosed only— 
(1) to another officer or employee of the United States 
Government for use in carrying out this chapter; or 
(2) in a proceeding under this chapter (except a proceeding 
under section 33104(a)(3)). 
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section 
does not authorize information to be withheld from a committee 
of Congress authorized to have the information. 
§33117. Judicial review 
A person that may be adversely £iffected by a regulation pre-
scribed under this chapter may obtain judicial review of the regula-
tion under section 32909 of this title. A remedy under this section 
is in addition to any other remedies provided by law. 
§ 33118. Preemption of State and local law 
When a motor vehicle theft prevention standard prescribed 
under section 33102 or 33103 of this title is in effect, a State 
or political subdivision of a State may not have a different motor 
vehicle theft prevention standard for a motor vehicle or major 
replacement part. 
SUBTITLE VII—AVIATION PROGRAMS 
PART A—AIR COMMERCE AND SAFETY 
SUBPART I—GENERAL 
CHAPTER 
SGC 
401. 
G E N E R A L PROVISIONS 
40101 
SUBPART II—ECONOMIC REGULATION 
411. AIR CARRIER CERTIFICATES 
41101 
413. FOREIGN AIR TRANSPORTATION 
41301 
415. PRICING 
41501 
417. OPERATIONS OF CARRIERS 
41701 
419. TRANSPORTATION OF MAIL 
41901 
421. LABOR-MANAGEMENT PROVISIONS 
42101 
SUBPART III—SAFETY 
44L REGISTRATION AND RECORDATION OF AIRCRAFT 
44101 
443. INSURANCE 
44301 
445. FACILITIES, PERSONNEL, AND RESEARCH 
44501 
447. SAFETY REGULATION 
44701 
449. SECURITY 
44901 
451. ALCOHOL AND CONTROLLED SUBSTANCES TESTING 
45101 
453. FEES 
45301 
SUBPART IV-ENFORCEMENT AND PENALTIES 
46L 
INVESTIGATIONS AND PROCEEDINGS 
46101 
463. PENALTIES 
46301 
465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES .... 46501 
PART B—AIRPORT DEVELOPMENT AND NOISE 
471. AIRPORT DEVELOPMENT 
47101 
473. INTERNATIONAL AIRPORT FACILITIES 
47301 
475. NOISE 
47501 
PART C—FINANCING 
481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS 
48101 
108 STAT. 1094 
PUBLIC LAW 103-272—JULY 5, 1994 
PART D—MISCELLANEOUS 
491. 
BUY-AMERICAN PREFERENCES 
49101 
PART A—AIR COMMERCE AND SAFETY 
^ 
SUBPART I—GENERAL 
CHAPTER 401—GENERAL PROVISIONS 
Sec 
40101. Policy. 
40102. Definitions. 
40103. Sovereignty and use of airspace. 
40104. Promotion of civil aeronautics and air commerce. 
40105. International negotiations, agreements, and obligations. 
40106. Emergency powers. 
40107. Presidential transfers. 
40108. Training schools. 
40109. Authority to exempt. 
40110. General procurement authority. 
40111. Multiyear procurement contracts for services and related items. 
40112. Multiyear procurement contracts for property. 
40113. Administrative. 
40114. Reports and records. 
40115. Withholding information. 
40116. State taxation. 
40117. Passenger facility fees. 
40118. Government-financed air transportation. 
40119. Security and research and development activities. 
40120. Relationship to other laws. 
§ 40101. Policy 
(a) ECONOMIC REGULATION.—In carrying out subpart II of this 
part and those provisions of subpart IV applicable in carrying 
out subpart II, the Secretary of Transportation shall consider the 
following matters, among others, as being in the public interest 
and consistent with public convenience and necessity: 
(1) assigning and maintaining safety as the highest priority 
in air commerce. 
(2) before authorizing new air transportation services, 
evaluating the safety implications of those services. 
(3) preventing deterioration in established safety proce-
dures, recognizing the clear intent, encouragement, and dedica-
tion of Congress to further the highest degree of safety in 
air transportation and air commerce, and to maintain the safety 
vigilance that has evolved in air transportation and air com-
merce and has come to be expected by the traveling and ship-
ping public. 
(4) the availability of a variety of adequate, economic, effi-
cient, and low-priced services without unreasonable discrimina-
tion or unfair or deceptive practices. 
(5) coordinating transportation by, and improving relations 
among, air carriers, and encouraging fair wages and working 
conditions. 
(6) placing maximum reliance on competitive market forces 
and on actual and potential competition— 
(A) to provide the needed air transportation system; 
and 
(B) to encourage efficient and well-managed air carriers 
to earn adequate profits and attract capital, considering 
any material differences between interstate air transpor-
tation and foreign air transportation. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1095 
(7) developing and maintaining a sound regulatory system 
that is responsive to the needs of the public and in which 
decisions are reached promptly to make it easier to adapt 
the air transportation system to the present and future needs 
of— 
(A) the commerce of the United States; 
(B) the United States Postal Service; and 
(C) the national defense. 
(8) encouraging air transportation at major urban areas 
through secondary or satellite airports if consistent with 
regional airport plans of regional and local authorities, and 
if endorsed by appropriate State authorities— 
(A) encouraging the transportation by air carriers that 
provide, in a specific market, transportation exclusively 
at those airports; and 
(B) fostering an environment that allows those carriers 
to establish themselves and develop secondary or satellite 
airport services. 
(9) preventing unfair, deceptive, predatory, or anticompeti-
tive practices in air transportation. 
(10) avoiding unreasonable industry concentration, exces-
sive market domination, monopoly powers, and other conditions 
that would tend to allow at least one air carrier or foreign 
air carrier unreasonably to increase prices, reduce services, 
or exclude competition in air transportation. 
(11) maintaining a complete and convenient system of 
continuous scheduled interstate air transportation for small 
communities and isolated areas with direct financial assistance 
from the United States Government when appropriate. 
(12) encouraging, developing, and maintaining an air 
transportation 
system 
relying 
on 
actual 
and 
potential 
competition— 
(A) to provide efficiency, innovation, and low prices; 
and 
(B) to decide on the variety and quality of, and deter-
mine prices for, air transportation services. 
(13) encouraging entry into air transportation markets by 
new and existing air carriers and the continued strengthening 
of small air carriers to ensure a more effective and competitive 
airline industry. 
(14) promoting, encouraging, and developing civil aero-
nautics and a viable, privately-owned United States air trans-
port industry. 
(15) strengthening the competitive position of air carriers 
to at least ensure equality with foreign air carriers, including 
the attainment of the opportunity for air carriers to maintain 
and increase their profitability in foreign air transportation. 
(b) 
ALL-CARGO 
AIR 
TRANSPORTATION 
CONSIDERATIONS.—In 
carrying out subpart II of this part and those provisions of subpart 
IV applicable in carrying out subpart II, the Secretary of Transpor-
tation shall consider the following matters, among others and in 
addition to the matters referred to in subsection (a) of this section, 
as being in the public interest for all-cargo air transportation: 
^ 
(1) encouraging and developing an expedited all-cargo air 
transportation system provided by private enterprise and 
responsive to— 
(A) the present and future needs of shippers; 
108 STAT. 1096 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) the commerce of the United States; and 
(C) the national defense. 
(2) encouraging and developing an integrated transpor-
tation system relying on competitive market forces to decide 
the extent, variety, quality, and price of services provided. 
(3) providing services without unreasonable discrimination, 
unfair or deceptive practices, or predatory pricing. 
(c) GENERAL SAFETY CONSIDERATIONS.—In carrying out subpart 
III of this part and those provisions of subpart IV applicable in 
carrying out subpart III, the Administrator of the Federal Aviation 
Administration shall consider the following matters: 
(1) the requirements of national defense and commercial 
and general aviation. 
(2) the public right of freedom of transit through the navi-
gable airspace. 
(d) SAFETY CONSIDERATIONS IN PUBLIC INTEREST.—In carrying 
out subpart III of this part and those provisions of subpart IV 
applicable in carrying out subpart III, the Administrator shall con-
sider the following matters, among others, as being in the public 
interest: 
(1) regulating air commerce in a way that best promotes 
its development and safety and fulfills national defense require-
ments. 
(2) promoting, encouraging, and developing civil aero-
nautics. 
(3) controlling the use of the navigable airspace and regu-
lating civil and military operations in that airspace in the 
interest of the safety and efficiency of both of those operations. 
(4) consolidating research and development for air naviga-
tion facilities and the installation and operation of those facili-
ties. 
(5) developing and operating a common system of air traffic 
control and navigation for military and civil aircraft. 
(6) providing assistance to law enforcement agencies in 
the enforcement of laws related to regulation of controlled 
substances, to the extent consistent with aviation safety. 
(e) INTERNATIONAL AIR TRANSPORTATION.—In formulating 
United States international air transportation policy, the Secretar-
ies of State and Transportation shall develop a negotiating policy 
emphasizing the greatest degree of competition compatible with 
a well-functioning international air transportation system, including 
the following: 
(1) strengthening the competitive position of air carriers 
to ensure at least equality with foreign air carriers, including 
the attainment of the opportunity for air carriers to maintain 
and increase their profitability in foreign air transportation. 
(2) freedom of air carriers and foreign air carriers to offer 
prices that correspond to consumer demand. 
(3) the fewest possible restrictions on charter air transpor-
tation. 
(4) the maximum degree of multiple and permissive inter-
national authority for air carriers so that they will be able 
to respond quickly to a shift in market demand. 
(5) eliminating operational and marketing restrictions to 
the greatest extent possible. 
(6) integrating domestic and international air transpor-
tation. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1097 
(7) increasing the number of nonstop United States gateway 
cities. 
(8) opportunities for carriers of foreign countries to increase 
their access to places in the United States if exchanged for 
benefits of similar magnitude for air carriers or the traveling 
public with permanent linkage between rights granted and 
rights given away. 
(9) eliminating discrimination and unfair competitive prac-
tices faced by United States airlines in foreign air transpor-
tation, including— 
(A) excessive landing and user fees; 
(B) unreasonable ground handling requirements; 
(C) unreasonable restrictions on operations; 
(D) prohibitions against change of gauge; and 
(E) similar restrictive practices. 
(10) promoting, encouraging, and developing civil aero-
nautics and a viable, privately-owned United States air trans-
port industry. 
(f) STRENGTHENING COMPETITION.—In selecting an air carrier 
to provide foreign air transportation from among competing 
applicants, the Secretary of Transportation shall consider, in addi-
tion to the matters specified in subsections (a) and (b) of this 
section, the strengthening of competition among air carriers operat-
ing in the United States to prevent unreasonable concentration 
in the air carrier industry. 
§40102. DeHnitions 
(a) GENERAL DEFINITIONS.—In this part— 
(1) "aeronautics" means the science and art of flight. 
(2) "air carrier" means a citizen of the United States under-
taking by any means, directly or indirectly, to provide air 
transportation. 
(3) "air commerce" means foreign air commerce, interstate 
air commerce, the transportation of mail by aircraft, the oper-
ation of aircraft within the limits of a Federal airway, or 
| 
the operation of aircraft that directly affects, or may endanger 
safety in, foreign or interstate air commerce. 
(4) "air navigation facility" means a facility used, available 
for use, or designed for use, in aid of air navigation, including— 
(A) a landing area; 
; 
(B) a light; 
/ 
(C) apparatus or equipment for distributing weather 
information, signaling, radio-directional finding, or radio 
or other electromagnetic communication; and 
(D) another structure or mechanism for guiding or 
controlling flight in the air or the landing and takeoff 
of aircraft. 
(5) "air transportation" means foreign air transportation, 
interstate air transportation, or the transportation of mail by 
aircraft. 
(6) "aircraft" means any contrivance invented, used, or 
designed to navigate, or fly in, the air. 
(7) "aircraft engine" means an engine used, or intended 
to be used, to propel an aircraft, including a part, appurtenance, 
and accessory of the engine, except a propeller. 
(8) "airman" means an individual— 
108 STAT. 1098 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) in command, or as pilot, mechanic, or member 
of the crew, who navigates aircraft when under way; 
(B) except to the extent the Administrator of the Fed-
eral Aviation Administration may provide otherwise for 
individuals employed outside the United States, who is 
directly in charge of inspecting, maintaining, overhauling, 
or repairing aircraft, aircraft engines, propellers, or appli-
ances; or 
(C) who serves as an aircraft dispatcher or air traffic 
control-tower operator. 
(9) "airport" means a landing area used regularly by air-
craft for receiving or discharging passengers or cargo. 
(10) "all-cargo air transportation" means the transportation 
by aircraft in interstate air transportation of only property 
or only mail, or both. 
(11) "appliance" means an instrument, equipment, appara-
tus, a part, an appurtenance, or an accessory used, capable 
of being used, or intended to be used, in operating or controlling 
aircraft in flight, including a parachute, communication equip-
ment, and another mechanism installed in or attached to air-
craft during flight, and not a part of an aircraft, aircraft engine, 
or propeller. 
(12) "cargo" means property, mail, or both. 
(13) "charter air carrier" means an air carrier holding 
a certificate of public convenience and necessity that authorizes 
it to provide charter air transportation. 
(14) "charter air transportation" means charter trips in 
air transportation authorized under this part. 
(15) "citizen of the United States" means— 
(A) an individual who is a citizen of the United States; 
(B) a partnership each of whose partners is an individ-
ual who is a citizen of the United States; or 
(C) a corporation or association organized under the 
laws of the United States or a State, the District of Colum-
bia, or a territory or possession of the United States, of 
which the president and at least two-thirds of the board 
' 
of directors and other managing officers are citizens of 
the United States, and in which at least 75 percent of 
the voting interest is owned or controlled by persons that 
are citizens of the United States. 
(16) "civil aircraft" mesins an aircraft except a public air-
craft. 
(17) "civil aircraft of the United States" means an aircraft 
registered under chapter 441 of this title. 
(18) "conditional sales contract" means a contract— 
(A) for the sale of an aircrsift, aircraft engine, propeller, 
appliance, or spare part, under which the buyer takes 
possession of the property but title to the property vests 
in the buyer at a later time on— 
(i) paying any part of the purchase price; 
(ii) performing another condition; or 
(iii) the happening of a contingency; or 
(B) to bail or lease an aircraft, aircrdft engine, propel-
ler, appliance, or spare part, under which the bailee or 
lessee— 
(i) agrees to pay an amount substantially equal 
to the value of the property; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1099 
(ii) is to become, or has the option of becoming, 
the owner of the property on compl3dng with the con-
tract. 
(19) "conveyance" means an instrument, including a condi-
tional sales contract, affecting title to, or an interest in, prop-
erty. 
(20) "Federal airway" means a part of the navigable air-
space that the Administrator designates as a Federal airway. 
(21) "foreign air carrier" means a person, not a citizen 
of the United States, undertaking by any means, directly or 
indirectly, to provide foreign air transportation. 
(22) "foreign air commerce" means the transportation of 
passengers or property by aircraft for compensation, the 
transportation of mail by aircraft, or the operation of aircraft 
in furthering a business or vocation, between a place in the 
United States and a place outside the United States when 
any part of the transportation or operation is by aircraft. 
(23) "foreign air transportation" means the transportation 
of passengers or property by aircraft as a common carrier 
for compensation, or the transportation of mail by aircraft, 
between a place in the United States and a place outside 
the United States when any part of the transportation is by 
aircraft. 
(24) "interstate air commerce" means the transportation 
of passengers or property by aircraft for compensation, the 
transportation of mail by aircraft, or the operation of aircraft 
in furthering a business or vocation— 
(A) between a place in— 
(i) a State, territory, or possession of the United 
States and a place in the District of Columbia or 
another State, territory, or possession of the United 
States; 
(ii) a State and another place in the same State 
through the airspace over a place outside the State; 
(iii) the District of Columbia and another place 
in the District of Columbia; or 
(iv) a territory or possession of the United States 
and another place in the same territory or possession; 
and 
(B) when any part of the transportation or operation 
is by aircraft. 
(25) "interstate air transportation" means the transpor-
tation of passengers or property by aircraft as a common carrier 
for compensation, or the transportation of mail by aircraft— 
(A) between a place in— 
(i) a State, territory, or possession of the United 
States and a place in the District of Columbia or 
another State, territory, or possession of the United 
States; 
(ii) Hawaii and another place in Hawaii through 
the airspace over a place outside Hawaii; 
(iii) the District of Columbia and another place 
in the District of Columbia; or 
' 
(iv) a territory or possession of the United States 
and another place in the same territory or possession; 
and 
(B) when any part of the transportation is by aircraft. 
108 STAT. 1100 
PUBLIC LAW 103-272—JULY 5, 1994 
(26) "intrastate air carrier" means a citizen of the United 
States undertaking by any means to provide only intrastate 
air transportation. 
(27) "intrastate air transportation" mesins the transpor-
tation by a common carrier of passengers or property for com-
pensation, entirely in the same State, by turbojet-powered air-
craft capable of carrying at least 30 passengers, 
(28) "landing area" means a place on land or water, includ-
. 
ing an airport or intermediate landing field, used, or intended 
to be used, for the takeoff and landing of aircraft, even when 
facilities are not provided for sheltering, servicing, or repairing 
rf 
aircr£ift, or for receiving or discharging passengers or cargo, 
(29) "mail" means United States mail and foreign transit 
mail, 
(30) "navigable airspace" means airspace above the mini-
^ mum altitudes of flight prescribed by regulations under sub-
parts I and III of this part, including airspace needed to ensure 
safety in the takeoff and landing of aircraft. 
(31) "navigate aircraft" and "navigation of aircraft" include 
piloting aircraft. 
(32) "operate aircraft" and "operation of aircraft" mean 
using aircraft for the purposes of air navigation, including— 
\ 
(A) the navigation of aircraft; and 
(B) causing or authorizing the operation of aircreift 
\ 
with or without the right of legal control of the aircraft. 
(33) "person", in addition to its meaning under section 
1 of title 1, includes a governmental authority and a trustee, 
\ 
receiver, assignee, and other similar representative. 
(34) "predatory" means a practice that violates the antitrust 
laws as defined in the first section of the Clayton Act (15 
U.S.C. 12). 
\ 
(35) "price" means a rate, fare, or charge for air transpor-
tation. 
(36) "propeller" includes a part, appurtenance, and acces-
sory of a propeller. 
(37) "public aircraft"— 
(A) means an aircraft— 
\ 
(i) used only for the United States Government; 
or 
(ii) owned and operated (except for commercial 
purposes), or exclusively leased for at least 90 continu-
ous days, by a government (except the United States 
;,, 
Government), including a State, the District of Colum-
\ 
bia, or a territory or possession of the United States, 
or political subdivision of that government; but 
(B) does not include a government-owned 
aircraft 
transporting passengers or property for commercial pur-
poses. 
(38) "spare part" means an accessory, appurtenance, or 
part of an aircraft (except an aircraft engine or propeller), 
aircraft engine (except a propeller), propeller, or appliance, 
that is to be installed at a later time in an aircraft, aircraft 
engine, propeller, or appliance. 
(39) "State authority" means an authority of a State des-
ignated under State law— 
(A) to receive notice required to be given a State 
authority under subpart II of this part; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1101 
(B) as the representative of the State before the Sec-
retary of Transportation in any matter about which the 
Secretary is required to consult with or consider the views 
of a State authority under subpart II of this part. 
(40) "ticket agent" means a person (except an air carrier, 
a foreign air carrier, or an employee of an air carrier or foreign 
air carrier) that as a principal or agent sells, offers for sale, 
negotiates for, or holds itself out as selling, providing, or arrang-
ing for, air transportation. 
(41) "United States" means the States of the United States, 
the District of Columbia, and the territories and possessions 
of the United States, including the territorial sea and the 
overlying airspace. 
(b) LIMITED DEFINITION.—In subpart II of this part, "control" 
means control by any means. 
§ 40103. Sovereignty and use of airspace 
(a) 
SOVEREIGNTY AND PUBLIC RIGHT OF TRANSIT.—(1) 
The 
United States Government has exclusive sovereignty of airspace 
of the United States. 
(2) A citizen of the United States has a public right of transit 
through the navigable airspace. To further that right, the Secretary 
of Transportation shall consult with the Architectural and Transpor-
tation Barriers Compliance Board established under section 502 
of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing 
a regulation or issuing an order or procedure that will have a 
significant impact on the accessibility of commercial airports or 
commercial air transportation for handicapped individuals. 
(b) USE OF AIRSPACE.—(1) The Administrator of the Federal 
Aviation Administration shall develop plans and policy for the use 
of the navigable airspace and assign by regulation or order the 
use of the airspace necessary to ensure the safety of aircraft and 
the efficient use of airspace. The Administrator may modify or 
revoke an assignment when required in the public interest. 
(2) The Administrator shall prescribe air traffic regulations Regulations, 
on the flight of aircraft (including regulations on safe altitudes) 
for— 
(A) navigating, protecting, and identifying aircraft; 
(B) protecting individuals and property on the ground; 
(C) using the navigable airspace efficiently; and 
(D) preventing collision between aircraft, between aircraft 
and land or water vehicles, and between aircraft and airborne 
objects. 
(3) To establish security provisions that will encourage and 
allow maximum use of the navigable airspace by civil aircraft 
consistent with national security, the Administrator, in consultation 
with the Secretary of Defense, shall— 
(A) establish areas in the airspace the Administrator 
decides are necessary in the interest of national defense; and 
(B) by regulation or order, restrict or prohibit flight of 
civil aircraft that the Administrator cannot identify, locate, 
and control with available facilities in those areas. 
(4) Notwithstanding the military exception in section 553(a)(1) 
of title 5, subchapter II of chapter 5 of title 5 applies to a regulation 
prescribed under this subsection. 
79-194 O—95—13: QL 3 Part 2 
108 STAT. 1102 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) FOREIGN AIRCRAFT.—^A foreign aircraft, not part of the 
armed forces of a foreign country, may be navigated in the United 
States as provided in section 41703 of this title. 
(d) AIRCRAFT OF ARMED FORCES OF FOREIGN COUNTRIES.— 
Aircraft of the armed forces of a foreign country may be navigated 
in the United States only when authorized by the Secretary of 
State. 
(e) No EXCLUSIVE RIGHTS AT CERTAIN FACILITIES.—^A person 
does not have an exclusive right to use an air navigation facility 
on which Government money has been expended. However, provid-
ing services at an airport by only one fixed-based operator is not 
an exclusive right if— 
(1) it is unreasonably costly, burdensome, or impractical 
for more than one fixed-based operator to provide the services; 
and 
(2) allowing more than one fixed-based operator to provide 
the services requires a reduction in space leased under an 
agreement existing on September 3, 1982, between the operator 
and the airport. 
§40104. Promotion of civil aeronautics and air commerce 
The Administrator of the Federal Aviation Administration shall 
encourage the development of civil aeronautics and air commerce 
in and outside the United States. In carrying out this section, 
the Administrator shall take action that the Administrator considers 
necessary to establish, within available resources, a program to 
distribute civil aviation information in each region served by the 
Administration. The program shall provide, on request, informa-
tional material and expertise on civil aviation to State and local 
school administrators, college and university officials, and officers 
of other interested organizations. 
§40105. International negotiations, agreements, and obliga-
tions 
(a) ADVICE AND CONSULTATION.—The Secretary of State shall 
advise the Administrator of the Federal Aviation Administration 
and the Secretaries of Transportation and Commerce, and consult 
with them as appropriate, about negotiations for an agreement 
with a government of a foreign country to establish or develop 
air navigation, including air routes and services. The Secretary 
of Transportation shall consult with the Secretary of State in carry-
ing out this part to the extent this part is related to foreign 
air transportation. 
(b) ACTIONS OF SECRETARY AND ADMINISTRATOR.—(1) In carry-
ing out this part, the Secretary of Transportation and the 
Administrator— 
(A) shall act consistently with obligations of the United 
States Government under an international agreement; 
(B) shall consider applicable laws and requirements of a 
foreign country; and 
(C) may not limit compliance by an air carrier with obliga-
tions or liabilities imposed by the government of a foreign 
country when the Secretary takes any action related to a certifi-
cate of public convenience and necessity issued under chapter 
411 of this title. 
(2) This subsection does not apply to an agreement between 
an air carrier or an officer or representative of an air carrier 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1103 
and the government of a foreign country, if the Secretary of 
Transportation disapproves the agreement because it is not in the 
public interest. Section 40106(b)(2) of this title applies to this sub-
section. 
(c) CONSULTATION ON INTERNATIONAL AIR TRANSPORTATION 
POLICY.—In carrying out section 40101(e) of this title, the Secretar-
ies of State and Transportation, to the maximum extent practicable, 
shall consult on broad policy goals and individual negotiations 
with— 
(1) the Secretaries of Commerce and Defense; 
(2) airport operators; 
(3) scheduled air carriers; 
(4) charter air carriers; 
(5) airline labor; 
(6) consumer interest groups; 
(7) travel agents and tour orgEinizers; and 
(8) other groups, institutions, and governmental authorities 
affected by international aviation policy. 
(d) CONGRESSIONAL OBSERVERS AT INTERNATIONAL AVLATION President. 
NEGOTIATIONS.—^The President shall grant to at least one represent-
ative of each House of Congress the privilege of attending inter-
national aviation negotiations as an observer if the privilege is 
requested in advance in writing. 
§ 40106. Emergency powers 
(a) 
DEVIATIONS 
FROM REGULATIONS.—Appropriate military 
authority may authorize aircraft of the armed forces of the United 
States to deviate from air traffic regulations prescribed under sec-
tion 40103(b)(1) and (2) of this title when the authority decides 
the deviation is essential to the national defense because of a 
military emergency or urgent military necessity. The authority 
shall— 
(1) give the Administrator of the Federal Aviation Adminis-
tration prior notice of the deviation at the earliest practicable 
time; and 
(2) to the extent time and circumstances allow, make every 
reasonable effort to consult with the Administrator and arrange 
for the deviation in advance on a mutually agreeable basis. 
(b) SUSPENSION OF AUTHORITY.—(1) When the President decides 
that the government of a foreign country is acting inconsistently 
with the Convention for the Suppression of Unlawful Seizure of 
Aircraft or that the government of a foreign country allows territory 
under its jurisdiction to be used as a base of operations or training 
of, or as a sanctuary for, or arms, aids, or abets, a terrorist organiza-
tion that knowingly uses the unlawful seizure, or the threat of 
an unlawful seizure, of an aircraft as an instrument of policy, 
the President may suspend the authority o
f
— 
(A) an air carrier or foreign air carrier to provide foreign 
air transportation to and from that foreign country; 
(B) a person to operate aircraft in foreign air commerce 
to and from that foreign country; 
(C) a foreign air carrier to provide foreign air transportation 
between the United States and another country that maintains 
air service with the foreign country; and 
(D) a foreign person to operate aircraft in foreign air com-
merce between the United States and another country that 
maintains air service with the foreign country. 
108 STAT. 1104 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) The President may act under this subsection without notice 
or a hearing. The suspension remains in effect for as long as 
the President decides is necessary to ensure the security of aircraft 
against unlawful seizure. Notwithstanding section 40105(b) of this 
title, the authority of the President to suspend rights under this 
subsection is a condition to a certificate of public convenience and 
necessity, air carrier operating certificate, foreign air carrier or 
foreign aircraft permit, or foreign air carrier operating specification 
issued by the Secretary of Transportation under this part. 
(3) An air carrier or foreign air carrier may not provide foreign 
air transportation, and a person may not operate aircraft in foreign 
air commerce, in violation of a suspension of authority under this 
subsection. 
§ 40107. Presidential transfers 
(a) GENERAL AuTHORiTY.^The President may transfer to the 
Administrator of the Federal Aviation Administration a duty, power, 
activity, or facility of a department, agency, or instrumentality 
of the executive branch of the United States Government, or an 
officer or unit of a department, agency, or instrumentality of the 
executive branch, related primarily to selecting, developing, testing, 
evaluating, establishing, operating, or maintaining a system, proce-
dure, facility, or device for safe and efficient air navigation and 
air traffic control. In making a transfer, the President may transfer 
records and property and make officers and employees from the 
department, agency, instrumentality, or unit available to the 
Administrator. 
(b) DURING WAR.—If war occurs, the President by executive 
order may transfer to the Secretary of Defense a duty, power, 
activity, or facility of the Administrator. In making the transfer, 
the President may transfer records, property, officers, and employ-
ees of the Administration to the Department of Defense. 
§40108. Training schools 
(a) AUTHORITY TO OPERATE.—The Administrator of the Federal 
Aviation Administration may operate schools to train officers and 
employees of the Administration to carry out duties, powers, and 
activities of the Administrator. 
(b) ATTENDANCE.—^The Administrator may authorize officers 
and employees of other departments, agencies, or instrumentalities 
of the United States Government, officers and employees of govern-
ments of foreign countries, and individuals from the aeronautics 
industry to attend those schools. However, if the attendance of 
any of those officers, employees, or individuals increases the cost 
of operating the schools, the Administrator may require the pay-
ment or transfer of amounts or other consideration to offset the 
additional cost. The amount received may be credited to the appro-
priation current when the expenditures are or were paid, the appro-
priation current when the amount is received, or both. 
§ 40109. Authority to exempt 
(a) AIR CARRIERS AND FOREIGN AIR CARRIERS NOT ENGAGED 
DIRECTLY IN OPERATING AIRCRAFT.—(1) The Secretary of Transpor-
tation may exempt from subpart II of this part— 
(A) an air carrier not engaged directly in operating aircraft 
in air transportation; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1105 
(B) a foreign air carrier not engaged directly in operating 
aircraft in foreign air transportation. 
(2) The exemption is effective to the extent and for periods 
that the Secretary decides are in the public interest. 
(b) SAFETY REGULATION.—^The Administrator of the Federal 
Aviation Administration may grant an exemption from a regulation 
prescribed in carrying out sections 40103(b)(1) and (2), 40119, 
44901, 44903, 44906, and 44935-44937 of this title when the 
Administrator decides the exemption is in the public interest. 
(c) OTHER ECONOMIC REGULATION.—Except as provided in this 
section, the Secretary may exempt to the extent the Secretary 
considers necessary a person or class of persons from a provision 
of chapter 411, sections 41301-41306, 41308-41310(a), 41501, 
41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705-41709, 
41711, 41712, and 41731-41742, chapter 419, subchapter II of chap-
ter 421, and section 46301(b) of this title, or a regulation or term 
prescribed under any of those provisions, when the Secretary 
decides that the exemption is consistent with the public interest. 
(d) LABOR REQUIREMENTS.—^The Secretary may not exempt an 
air carrier from section 42112 of this title. However, the Secretary 
may exempt from section 42112(b)(1) and (2) an air carrier not 
providing scheduled air transportation, and the operations con-
ducted during daylight hours by an air carrier providing scheduled 
air tr£insportation, when the Secretary decides that— 
(1) because of the limited extent of, or unusual cir-
cumstances affecting, the operation of the air carrier, the 
enforcement of section 42112(b)(1) and (2) of this title is or 
would be an unreasonable burden on the air carrier that would 
obstruct its development and prevent it from beginning or 
continuing operations; and 
(2) the exemption would not affect adversely the public 
interest. 
(e) MAXIMUM FLYING HOURS.—The Secretary may not exempt 
an air carrier under this section from a provision referred to in 
subsection (c) of this section, or a regulation or term prescribed 
under any of those provisions, that sets maximum flying hours 
for pilots or copilots. 
(f) SMALLER AIRCRAFT.—(1) An air carrier is exempt from sec-
tion 41101(a)(1) of this title, and the Secretary may exempt an 
air carrier from another provision of subpart II of this part, if 
the air carrier— 
(A)(i) provides passenger transportation only with aircraft 
having a maximum capacity of 55 passengers; or 
(ii) provides the transportation of cargo only with aircraft 
having a maximum payload of less than 18,000 pounds; and 
(B) complies with liability insurance requirements and 
other regulations the Secretary prescribes. 
(2) The Secretary may increase the passenger or payload capac-
ities when the public interest requires. 
(3)(A) An exemption under this subsection applies to an air 
carrier providing air transportation between 2 places in Alaska, 
or between Alaska and Canada, only if the carrier is authorized 
by Alaska to provide the transportation. 
(B) The Secretary may limit the number or location of places 
that may be served by an air carrier providing transportation 
only in Alaska under an exemption from section 41101(a)(1) of 
this title, or the frequency with which the transportation may 
108 STAT. 1106 
PUBLIC LAW 103-272—JULY 5, 1994 
be provided, only when the Secretary decides that providing the 
transportation substantially impairs the ability of an air carrier 
holding a certificate issued by the Secretary to provide its author-
ized transportation, including the minimum transportation require-
ment for Alaska specified under section 41732(b)(1)(B) of this title, 
(g) EMERGENCY AIR TRANSPORTATION BY FOREIGN AIR CAR-
RIERS.—(1) To the extent that the Secretary decides an exemption 
is in the public interest, the Secretary may exempt by order a 
foreign air carrier from the requirements and limitations of this 
part for not more than 30 days to allow the foreign air carrier 
to carry passengers or cargo in interstate air transportation in 
certain markets if the Secretary finds that— 
(A) because of an emergency created by unusual cir-
cumstances not arising in the normal course of business, air 
carriers holding certificates under section 41102 of this title 
cannot accommodate traffic in those markets; 
(B) all possible efforts have been made to accommodate 
the traffic by using the resources of the air carriers, including 
the use o
f
— 
(i) foreign aircraft, or sections of foreign aircraft, under 
lease or charter to the air carriers; and 
(ii) the air carriers' reservations systems to the extent 
practicable; 
(C) the exemption is necessary to avoid unreasonable hard-
ship for the traffic in the markets that cannot be accommodated 
by the air carriers; and 
(D) granting the exemption will not result in an unreason-
able advantage to any party in a labor dispute where the 
inability to accommodate tr£iffic in a market is a result of 
the dispute. 
(2) When the Secretary grants an exemption to a foreign air 
carrier under this subsection, the Secretary shall— 
(A) ensure that air transportation that the foreign air car-
rier provides under the exemption is made available on reason-
able terms; 
(B) monitor continuously the passenger load factor of air 
carriers in the market that hold certificates under section 41102 
of this title; and 
(C) review the exemption at least every 30 days to ensure 
that the unusual circumstances that established the need for 
the exemption still exist. 
(3) The Secretary may renew an exemption (including renewals) 
under this subsection for not more than 30 days. An exemption 
may continue for not more than 5 days after the unusual cir-
cumstances that established the need for the exemption cease. 
(h) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary 
may act under subsections (d) and (f)(3)(B) of this section only 
after giving the air carrier notice and an opportunity for a hearing. 
§ 40110. General procurement authority 
(a) GENERAL.—In carrying out this part, the Administrator 
of the Federal Aviation Administration may— 
(1) acquire, to the extent that amounts are available for 
obligation, services or an interest in property, including an 
interest in airspace immediately adjacent to and needed for 
airports and other air navigation facilities owned by the United 
States Government and operated by the Administrator; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1107 
(2) dispose of an interest in property for adequate com-
pensation; and 
(3) construct and improve laboratories and other test facili-
ties. 
(b) DUTIES AND POWERS.—^When carrying out subsection (a) 
of this section, the Administrator of the Federal 
Aviation 
Administration— 
(1) is the senior procurement executive referred to in sec-
tion 16(3) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 414(3)) for approving the justification for using proce-
dures other than competitive procedures, as required under 
section 303(f)( l)(B)(iii) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253(f)(l)(B)(iii)); and 
(2) may— 
(A) lease an interest in property for not more than 
20 years; 
(B) consider the reasonable probable future use of the 
underlying land in making an award for a condemnation 
of an interest in airspace; 
(C) construct, or acquire an interest in, a public build-
ing (as defined in section 13 of the Public Buildings Act 
of 1959 (40 U.S.C, 612)) only under a delegation of author-
ity from the Administrator of General Services; 
(D) use procedures other than competitive procedures, 
as provided under section 303(c) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253(c)); 
(E) use procedures other than competitive procedures 
only when the property or services needed by the Adminis-
trator of the Federal Aviation Administration are available 
from only one responsible source or only from a limited 
number of responsible sources and no other type of property 
or services will satisfy the needs of the Administrator; 
and 
(F) dispose of property under subsection (a)(2) of this 
section, except for airport and airway property and tech-
,.; 
nical equipment used for the special purposes of the 
Administration, only under title II of the Federal Property 
, 
and Administrative Services Act of 1949 (40 U.S.C. 481 
et seq.). 
§40111. Multiyear procurement contracts for services and 
related items 
(a) 
GENERAL 
AUTHORITY.—^Notwithstanding 
section 
1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation 
Administration may make a contract of not more than 5 years 
for the following types of services and items of supply related 
to those services for which amounts otherwise would be available 
for obligation only in the fiscal year for which appropriated: 
(1) operation, maintenance, and support of facilities and 
installations. 
(2) operation, maintenance, and modification of aircraft, 
vehicles, and other highly complex equipment. 
(3) specialized training requiring high quality instructor 
skills, including training of pilots and aircrew members and 
foreign language training. 
(4) base services, including ground maintenance, aircraft 
refueling, bus transportation, and refuse collection and disposal. 
108 STAT. 1108 
PUBLIC LAW 103-272—JULY 5, 1994 
(b) REQUIRED FINDINGS.—The Administrator may make a con-
tract under this section only if the Administrator finds that— 
(1) there will be a continuing requirement for the service 
consistent with current plans for the proposed contract period; 
(2) providing the service will require a substantial initial 
investment in plant or equipment, or will incur a substantial 
contingent liability for assembling, training, or transporting 
a specialized workforce; and 
(3) the contract will promote the best interests of the United 
States by encouraging effective competition and promoting 
economies in operation. 
(c) CONSIDERATIONS.—^When making a contract under this sec-
tion, the Administrator shall be guided by the following: 
(1) The part of the cost of a plant or equipment amortized 
as a cost of contract performance may not be more than the 
ratio between the period of contract performance and the antici-
pated useful commercial life (instead of physical life) of the 
plant or equipment, considering the location and specialized 
nature of the plant or equipment, obsolescence, and other simi-
lar factors. 
(2) The Administrator shall consider the desirability of— 
(A) obtaining an option to renew the contract for a 
reasonable period of not more than 3 years, at a price 
that does not include charges for nonrecurring costs already 
amortized; and 
(B) reserving in the Administrator the right, on pay-
ment of the unamortized part of the cost of the plant 
or equipment, to take title to the plant or equipment under 
appropriate circumstances. 
(d) ENDING CONTRACTS.—^A contract made under this section 
shall be ended if amounts are not made available to continue 
the contract into a subsequent fiscal year. The cost of ending 
the contract may be paid from— 
(1) an appropriation originally available for carrying out 
the contract; 
(2) an appropriation currently available for procuring the 
type of service concerned and not otherwise obligated; or 
(3) amounts appropriated for payments to end the contract. 
§ 40112. Multiyear procurement contracts for property 
(a) 
GENERAL 
AUTHORITY.—Notwithstanding 
section 
1341(a)(1)(B) of title 31 and to the extent that amounts otherwise 
are available for obligation, the Administrator of the Federal Avia-
tion Administration may make a contract of more than one but 
not more than 5 fiscal years to purchase property, except a contract 
to construct, alter, or make a major repair or improvement to 
real property or a contract to purchase property to which section 
111 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 759) applies. 
(b) REQUIRED FINDINGS.—The Administrator may make a con-
tract under this section if the Administrator finds that— 
(1) the contract will promote the safety or efficiency of 
the national airspace system and will result in reduced total 
contract costs; 
(2) the minimum need for the property to be purchased 
is expected to remain substantially unchanged during the pro-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1109 
posed contract period in terms of production rate, procurement 
rate, and total quantities; 
(3) there is a reasonable expectation that throughout the 
proposed contract period the Administrator will request appro-
priations for the contract at the level required to avoid cancella-
tion; 
(4) there is a stable design for the property to be acquired 
and the technical risks associated with the property are not 
excessive; and 
(5) the estimates of the contract costs and the anticipated 
savings from the contract are realistic. 
(c) REGULATIONS.—^The Administrator shall prescribe regula-
tions for acquiring property under this section to promote the use 
of contracts under this section in a way that will allow the most 
efficient use of those contracts. The regulations may provide for 
a cancellation provision in the contract to the extent the provision 
is necessary and in the best interest of the United States. The 
provision may include consideration of recurring and nonrecurring 
costs of the contractor associated with producing the item to be 
delivered under the contract. The regulations shall provide that, 
to the extent practicable-— 
(1) to broaden the aviation industrial base— 
(A) a contract under this section shall be used to seek, 
retain, and promote the use under that contract of sub-
contractors, vendors, or suppliers; and 
(B) on accrual of a payment or other benefit accruing 
on a contract under this section to a subcontractor, vendor, 
or supplier participating in the contract, the payment or 
benefit shall be delivered in the most expeditious way 
practicable; and 
(2) this section and regulations prescribed under this sec-
tion may not be carried out in a way that precludes or curtails 
the existing ability of the Administrator to provide for— 
(A) competition in producing items to be delivered 
under a contract under this section; or 
(B) ending a prime contract when performance is defi-
cient with respect to cost, quality, or schedule. 
(d) CONTRACT PROVISIONS.—(1) A contract under this section 
may— 
(A) be used for the advance procurement of components, 
parts, and material necessary to manufacture equipment to 
be used in the national airspace system; 
(B) provide that performance under the contract after the 
first year is subject to amounts being appropriated; and 
(C) contain a negotiated priced option for varying the num-
ber of end items to be procured over the period of the contract. 
(2) If feasible and practicable, an advance procurement contract 
may be made to achieve economic-lot purchases and more efficient 
production rates. 
(e) CANCELLATION PAYMENT AND NOTICE OF CANCELLATION 
CEILING.—(1) If a contract under this section provides that perform-
ance is subject to an appropriation being made, it also may provide 
for a cancellation payment to be made to the contractor if the 
appropriation is not made. 
(2) Before awarding a contract under this section containing 
a cancellation ceiling of more than $100,000,000, the Administrator 
shall give written notice of the proposed contract and cancellation 
108 STAT. 1110 
PUBLIC LAW 103-272—JULY 5, 1994 
ceiling to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives. The contract may not be 
awarded until the end of the 30-day period beginning on the date 
of the notice. 
(f) ENDING CONTRACTS.—^A contract made under this section 
shall be ended if amounts are not made available to continue 
the contract into a subsequent fiscal year. The cost of ending 
the contract may be paid from— 
(1) an appropriation originally available for canying out 
the contract; 
(2) an appropriation currently available for procuring the 
type of property concerned and not otherwise obligated; or 
(3) amounts appropriated for payments to end the contract. 
§40113. Administrative 
(a) GENERAL AUTHORITY.—The Secretary of Transportation (or 
the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be carried 
out by the Administrator) may take action the Secretary or Adminis-
trator, as appropriate, considers necessary to carry out this part, 
including conducting investigations, prescribing regulations, stand-
ards, and procedures, and issuing orders. 
(b) HAZARDOUS MATERIAL.—In carrying out this part, the Sec-
retary has the same authority to regulate the transportation of 
hazardous material by air that the Secretary has under section 
5103 of this title. However, this subsection does not prohibit or 
regulate the transportation of a firearm (as defined in section 
232 of title 18) or ammunition for a firearm, when transported 
by an individual for personal use. 
(c) 
GOVERNMENTAL 
ASSISTANCE.—The 
Secretary 
(or 
the 
Administrator of the Federal Aviation Administration with respect 
to aviation safety duties and powers designated to be carried out 
by the Administrator) may use the assistance of the Administrator 
of the National Aeronautics and Space Administration and any 
research or technical department, agency, or instrumentality of 
the United States Government on matters related to aircraft fuel 
and oil, and to the design, material, workmanship, construction, 
performance, maintenance, and operation of aircraft, 
aircraft 
engines, propellers, appliances, and air navigation facilities. Each 
department, agency, and instrumentality may conduct scientific 
and technical research, investigations, and tests necessary to assist 
the Secretary or Administrator of the Federal Aviation Administra-
tion in carrying out this part. This part does not authorize duplicat-
ing laboratory research activities of a department, agency, or 
instrumentality. 
(d) INDEMNIFICATION.—The Administrator of the Federal Avia-
tion Administration may indemnify an officer or employee of the 
Administration against a claim or judgment arising out of an act 
that the Administrator decides was committed within the scope 
of the official duties of the officer or employee. 
§ 40114. Reports and records 
(a) WRITTEN REPORTS.—(1) Except as provided in this part, 
the Secretary of Transportation (or the Administrator of the Federal 
Aviation Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator) shall 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1111 
make a written report of each proceeding and investigation under 
this part in which a formal hearing was held and shall provide 
a copy to each party to the proceeding or investigation. The report 
shall include the decision, conclusions, order, and requirem2nts 
of the Secretary or Administrator as appropriate. 
(2) The Secretary (or the Administrator with respect to aviation Publication, 
safety duties and powers designated to be carried out by the 
Administrator) shall have all reports, orders, decisions, and regula-
tions the Secretary or Administrator, as appropriate, issues or 
prescribes published in the form and way best adapted for public 
use. A publication of the Secretary or Administrator is competent 
evidence of its contents. 
(b) PUBLIC RECORDS.—Except as provided in subpart II of this 
part, copies of tariffs and arrangements filed with the Secretary 
under subpart II, and the statistics, tables, and figures contained 
in reports made to the Secretary under subpart II, are public 
records. The Secretary is the custodian of those records. A public 
record, or a copy or extract of it, certified by the Secretary under 
the seal of the Department of Transportation is competent evidence 
in an investigation by the Secretary and in a judicial proceeding. 
§ 40115. Withholding information 
(a) OBJECTIONS TO DISCLOSURE.—(1) A person may object to 
the public disclosure of information— 
(A) in a record filed under this part; or 
(B) obtained under this part by the Secretary of Transpor-
tation or State or the United States Postal Service. 
(2) An objection must be in writing and must state the reasons 
for the objection. The Secretary of Transportation or State or the 
Postal Service shall order the information withheld from public 
disclosure when the appropriate Secretary or the Postal Sendee 
decides that disclosure of the information would— 
(A) prejudice the United States Government in preparing 
and presenting its position in international negotiations; or 
(B) have an adverse effect on the competitive position of 
an air carrier in foreign air transportation. 
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section 
does not authorize information to be withheld from a committee 
of Congress authorized to have the information. 
§40116. State taxation 
(a) DEFINITION.—In this section, "State" includes the District 
of Columbia, a territory or possession of the United States, and 
a political authority of at least 2 States. 
(b) PROHIBITIONS.—Except as provided in subsection (c) of this 
section and section 40117 of this title, a State or political subdivision 
of a State may not levy or collect a tax, fee, head charge, or 
other charge on— 
(1) an individual traveling in air commerce; 
(2) the transportation of an individual traveling in air 
commerce; 
(3) the sale of air transportation; or 
(4) the gross receipts from that air commerce or transpor-
tation. 
(c) AIRCRAFT TAKING OFF OR LANDING IN STATE.—A State or 
political subdivision of a State may levy or collect a tax on or 
related to a flight of a commercial aircraft or an activity or service 
108 STAT. 1112 
PUBLIC LAW 103-272—JULY 5, 1994 
on the aircraft only if the aircraft takes off or lands in the State 
or political subdivision as part of the flight. 
(d) 
UNREASONABLE BURDENS AND DISCRIMINATION AGAINST 
INTERSTATE COMMERCE.—(1) In this subsection— 
(A) "air carrier transportation property" means property 
(as defined by the Secretary of Transportation) that an air 
carrier providing air transportation owns or uses. 
(B) "assessment" means valuation for a property tax levied 
by a taxing district. 
(C) "assessment jurisdiction" means a geographical area 
in a State used in determining the assessed value of property 
for ad valorem taxation. 
(D) "commercial and industrial property" means property 
(except transportation property and land used primarily for 
agriculture or timber growing) devoted to a commercied or 
industrial use and subject to a property tax levy. 
(2)(A) A State, political subdivision of a State, or authority 
acting for a State or political subdivision may not do any of the 
following acts because those acts unreasonably burden and discrimi-
nate against interstate commerce: 
(i) assess air carrier transportation property at a value 
that has a higher ratio to the true market value of the property 
than the ratio that the assessed value of other commercial 
and industrial property of the same type in the same assess-
ment jurisdiction has to the true market value of the other 
commercial and industrial property. 
(ii) levy or collect a tax on an assessment that may not 
be made under clause (i) of this subparagraph. 
(iii) levy or collect an ad valorem property tax on air 
carrier transportation property at a tax rate greater than the 
tax rate applicable to commercial and industrial property in 
the same assessment jurisdiction. 
(B) Subparagraph (A) of this paragraph does not apply to 
an in lieu tax completely used for airport and aeronautical purposes. 
(e) OTHER ALLOWABLE TAXES AND CHARGES.—Except as pro-
vided in subsection (d) of this section, a State or political subdivision 
of a State may levy or collect— 
(1) taxes (except those taxes enumerated in subsection 
(b) of this section), including property taxes, net income taxes, 
franchise taxes, and sales or use taxes on the sale of goods 
or services; and 
(2) reasonable rental charges, landing fees, and other serv-
ice charges from aircraft operators for using airport facilities 
of an airport owned or operated by that State or subdivision. 
(f) PAY OF AIR CARRIER EMPLOYEES.—(1) In this subsection— 
(A) "pay" means money received by an employee for serv-
ices. 
(B) "State" means a State of the United States, the District 
of Columbia, and a territory or possession of the United States. 
(C) an employee is deemed to have earned 50 percent 
of the employee's pay in a State or political subdivision of 
a State in which the scheduled flight time of the employee 
in the State or subdivision is more than 50 percent of the 
total scheduled flight time of the employee when employed 
during the calendar year. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1113 
(2) The pay of an employee of an air carrier having regularly 
assigned duties on aircraft in at least 2 States is subject to the 
income tax laws of only the following: 
(A) the State or political subdivision of the State that 
is the residence of the employee. 
(B) the State or political subdivision of the State in which 
the employee earns more than 50 percent of the pay received 
by the employee from the carrier. 
§40117. Passenger facility fees 
(a) DEFINITIONS.—In this section— 
(1) "airport", "commercial service airport", and "public 
agency" have the same meanings given those terms in section 
47102 of this title. 
(2) "eligible agency" means a public agency that controls 
a commercial service airport. 
(3) "eligible airport-related project" means a project— 
(A) for airport development or airport planning under 
subchapter I of chapter 471 of this title; 
(B) for terminal development described in section 
47110(d) of this title; 
(C) for airport noise capability planning under section 
47505 of this title; 
(D) to carry out noise compatibility measures eligible 
for assistance under section 47504 of this title, whether 
or not a program for those measures has been approved 
under section 47504; and 
(E) for constructing gates and related areas at which 
passengers board or exit aircraft. 
(4) "passenger facility fee" means a fee imposed under 
this section. 
(5) "passenger facility revenue" means revenue derived 
from a passenger facility fee. 
(b) GENERAL AUTHORITY.—(1) The Secretary of Transportation 
may authorize under this section an eligible agency to impose 
a passenger facility fee of $1, $2, or $3 on each paying passenger 
of an air carrier or foreign air carrier boarding an aircraft at 
an airport the agency controls to finance an eligible airport-related 
project, including making payments for debt service on indebtedness 
incurred to carry out the project, to be carried out in connection 
with the airport or any other airport the agency controls. 
(2) A State, political subdivision of a State, or authority of 
a State or political subdivision that is not the eligible agency 
may not regulate or prohibit the imposition or collection of a pas-
senger facility fee or the use of the passenger facility revenue. 
(3) A passenger facility fee may be imposed on a passenger 
of an air carrier or foreign air carrier originating or connecting 
at the commercial service airport that the agency controls. 
(c) APPLICATIONS.—(1) An eligible agency must submit to the 
Secretary an application for authority to impose a passenger facility 
fee. The application shall contain information and be in the form 
that the Secretary may require by regulation. 
(2) Before submitting an application, the eligible agency must 
provide reasonable notice to, and an opportunity for consultation 
with, air carriers and foreign air carriers operating at the airport. 
The Secretary shall prescribe regulations that define reasonable 
Regulations, 
notice and contain at least the following requirements: 
108 STAT. 1114 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) The agency must provide written notice of individual 
projects being considered for financing by a passenger facility 
fee and the date and location of a meeting to present the 
projects to air carriers and foreign air carriers operating at 
the airport. 
(B) Not later than 30 days after written notice is provided 
under subparagraph (A) of this paragraph, each air carrier 
and foreign air carrier operating at the airport must provide 
to the agency written notice of receipt of the notice. Failure 
of a carrier to provide the notice may be deemed certification 
of agreement with the project by the carrier under subpara-
graph (D) of this paragraph. 
(C) Not later than 45 days after written notice is provided 
under subparagraph (A) of this paragraph, the agency must 
conduct a meeting to provide air carriers and foreign air carriers 
witn descriptions of projects and justifications and a detailed 
financial plan for projects. 
(D) Not later than 30 days after the meeting, each air 
carrier and foreign air carrier must provide to the agency 
certification of agreement or disagreement with projects (or 
total plan for the projects). Failure to provide the certification 
is deemed certification of agreement with the project by the 
carrier. A certification of disagreement is void if it does not 
contain the reasons for the disagreement. 
Notice. 
(3) After receiving an application, the Secretary shall provide 
notice and an opportunity to air carriers, foreign air carriers, and 
other interested persons to comment on the application. The Sec-
retary shall make a final decision on the application not later 
than 120 days after receiving it. 
(d) LIMITATIONS ON APPROVING APPLICATIONS.—The Secretary 
may approve an application that an eligible agency has submitted 
under subsection (c) of this section to finance a specific project 
only if the Secretary finds, based on the application, that— 
(1) the amount and duration of the proposed passenger 
facility fee will result in revenue (including interest and other 
returns on the revenue) that is not more than the amount 
necessary to finance the specific project; and 
(2) each project is an eligible airport-related project that 
will— 
(A) preserve or enhance capacity, safety, or security 
of the national air transportation system; 
(B) reduce noise resulting from an airport that is part 
of the system; or 
(C) provide an opportunity for enhanced competition 
between or among air carriers and foreign air carriers. 
(e) LIMITATIONS ON IMPOSING FEES.—(1) An eligible agency 
may impose a passenger facility fee only— 
(A) if the Secretary approves an application that the agency 
has submitted under subsection (c) of this section; and 
(B) subject to terms the Secretary may prescribe to carry 
out the objectives of this section. 
(2) A passenger facility fee may not be collected from a 
passenger— 
(A) for more than 2 boardings on a one-way trip or a 
trip in each direction of a round trip; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1115 
(B) for the boarding to an eligible place under subchapter 
II of chapter 417 of this title for which essential air service 
compensation is paid under subchapter II; and 
(C) for a project the Secretary does not approve under 
this section before October 1, 1993, if, during the fiscal year 
ending September 30, 1993, the amount available for obligation 
under subchapter II of chapter 417 of this title is less than 
$38,600,000, except that this clause— 
(i) does not apply if the amount available for obligation 
under subchapter II of chapter 417 of this title is less 
than $38,600,000 because of sequestration or other general 
appropriations reductions applied proportionately to appro-
priations accounts throughout an appropriation law; and 
(ii) does not affect the authority of the Secretary to 
approve the imposition of a fee or the use of revenues, 
derived from a fee imposed under an approval made under 
this section, by a public agency that has received an 
approval to impose a fee under this section before Septem-
ber 30, 1993, regardless of whether the fee is being imposed 
on September 30, 1993. 
(f) 
LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREE-
MENTS.—(1) A contract between an air carrier or foreign air carrier 
and an eligible agency made at any time may not impair the 
authority of the agency to impose a passenger facility fee or to 
use the passenger facility revenue as provided in this section. 
(2) A project financed with a passenger facility fee may not 
be subject to an exclusive long-term lease or use a.p'eement of 
an air carrier or foreign air carrier, as defined by regulations 
of the Secretary. 
(3) A lease or use agreement of an air carrier or foreign air 
carrier related to a project whose construction or expansion was 
financed with a passenger facility fee may not restrict the eligible 
agency from financing, developing, or assigning new capacity at 
the airport with passenger facility revenue. 
(g) TREATMENT OF R E V E N U E . ^ 1) Passenger facility revenue 
is not airport revenue for purposes of establishing a price under 
a contract between an eligible agency and an air canier or foreign 
air carrier. 
(2) An eligible agency may not include in its price base the 
part of the capital costs of a project paid for by using passenger 
facility revenue to establish a price under a contract between the 
agency and an air carrier or foreign air carrier. 
(3) For a project for terminal development, gates and related 
areas, or a facility occupied or used by at least one air carrier 
or foreign air carrier on an exclusive or preferential basis, a price 
payable by an air carrier or foreign air carrier using the facilities 
must at least equal the price paid by an air carrier or foreign 
air carrier using a similar facility at the airport that was not 
financed with passenger facility revenue. 
(h) COMPLIANCE.—(1) As necessary to ensure compliance with Regulations, 
this section, the Secretary shall prescribe regulations requiring 
Records, 
recordkeeping and auditing of accounts maintained by an air carrier 
or foreign air carrier and its agent collecting a passenger facility 
fee and by the eligible agency imposing the fee. 
(2) The Secretary periodically shall audit and review the use 
by an eligible agency of passenger facility revenue. After review 
and a public hearing, the Secretary may end any part of the 
108 STAT. 1116 
PUBLIC LAW 103-272—JULY 5, 1994 
authority of the agency to impose a passenger facility fee to the 
extent the Secretary decides that the revenue is not being used 
as provided in this section. 
(3) The Secretary may set off amounts necessary to ensure 
compliance with this section against amounts otherwise payable 
to an eligible agency under subchapter I of chapter 471 of this 
title if the Secretary decides a passenger facility fee is excessive 
or that passenger facility revenue is not being used as provided 
in this section. 
(i) REGULATIONS.—^The Secretary shall prescribe regulations 
necessary to carry out this section. The regulations— 
(1) may prescribe the time and form by which a passenger 
facility fee takes effect; and 
(2) shall— 
(A) require an air carrier or foreign air carrier and 
its agent to collect a passenger facility fee that an eligible 
agency imposes under this section; 
(B) establish procedures for handling and remitting 
money collected; 
(C) ensure that the money, less a uniform amount 
the Secretary determines reflects the average necessary 
and reasonable expenses (net of interest accruing to the 
carrier and agent after collection and before remittance) 
incurred in collecting and handling the fee, is paid promptly 
to the eligible agency for which they are collected; and 
(D) require that the amount collected for any air 
transportation be noted on the ticket for that air transpor-
tation. 
§40118. Government-financed air transportation 
(a) 
TRANSPORTATION BY AIR 
CARRIERS HOLDING CERTIFI-
CATES.—^A department, agency, or instrumentality of the United 
States Government shall take necessary steps to ensure that the 
transportation of passengers and property by air is provided by 
an air carrier holding a certificate under section 41102 of this 
title if— 
(1) the department, agency, or instrumentality— 
(A) obtains the transportation for itself or in carrying 
out an arrangement under which payment is made by 
the Government or payment is made from amounts pro-
vided for the use of the Government; or 
(B) provides the transportation to or for a foreign coun-
try 
or 
international 
or 
other 
organization 
without 
reimbursement; 
(2) the transportation is authorized by the certificate or 
by regulation or exemption of the Secretary of Transportation; 
and 
(3) the air carrier is— 
(A) available, if the transportation is between a place 
in the United States and a place outside the United States; 
or 
(B) reasonably available, if the transportation is 
between 2 places outside the United States. 
(b) TRANSPORTATION BY FOREIGN AIR CARRIERS.—^This section 
does not preclude the transportation of passengers and property 
by a foreign air carrier if the transportation is provided under 
a bilateral or multilateral air transportation agreement to which 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1117 
the Government and the government of a foreign country are parties 
if the agreement— 
(1) is consistent with the goals for international aviation 
policy of section 40101(e) of this title; and 
(2) provides for the exchange of rights or benefits of similar 
magnitude. 
(c) PROOF.—^The Comptroller General shall allow the expendi-
ture of £in appropriation for transportation in violation of this 
section only when satisfactory proof is presented showing the neces-
sity for the transportation. 
(d) 
TRANSPORTATION BY FOREIGN AIR CARRIERS.—^Notwith-
standing subsections (a) and (c) of this section, any amount appro-
priated to the Secretary of State, the Director of the United States 
Information Agency, the Director of the United States International 
Development Cooperation .!\gency, or the Director of the Arms Con-
trol and Disarmament Agency may be used to pay for the transpor-
tation of an officer or employee of the Department of State or 
one of those agencies, a dependent of the officer or employee, 
and accompanying baggage, by a foreign air carrier when the 
transportation is between 2 places outside the United States. 
(e) RELATIONSHIP TO OTHER LAWS.—^This section does not affect 
the application of the antidiscrimination provisions of this part. 
§40119. Security and research and development activities 
(a) GENERAL REQUIREMENTS.—^The Administrator of the Federal 
Aviation Administration shall conduct research (including behav-
ioral research) and development activities appropriate to develop, 
modify, test, and evaluate a system, procedure, facility, or device 
to protect passengers and property against acts of criminal violence 
and aircraft piracy. 
(b) DISCLOSURE.—(1) Notwithstanding section 552 of title 5, Regulations, 
the Administrator shall prescribe regulations prohibiting disclosure 
of information obtained or developed in carrying out security or 
research and development activities under section 44501(a) or (c), 
44502(a)(1) or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511, 
44512, 44513, 44901, 44903(a), (b), (c), or (e), 44905, 44912, 44935, 
44936, or 44938(a) or (b) of this title if the Administrator decides 
disclosing the information would— 
(A) be an unwarranted invasion of personal privacy; 
(B) reveal a trade secret or privileged or confidential 
commercial or financial information; or 
(C) be detrimental to the safety of passengers in air 
transportation. 
(2) Paragraph (1) of this subsection does not authorize informa-
tion to be withheld from a committee of Congress authorized to 
have the information. 
(c) TRANSFERS OF DUTIES AND POWERS PROHIBITED.—Except 
as otherwise provided by law, the Administrator may not transfer 
a duty or power under this section to another department, agency, 
or instrumentality of the United States Government. 
§ 40120. Relationship to other laws 
(a) NONAPPLICATION.—Except as provided in the International 
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the naviga-
tion and shipping laws of the United States and the rules for 
the prevention of collisions do not apply to aircraft or to the naviga-
tion of vessels related to those aircraft. 
108 STAT. 1118 
PUBLIC LAW 103-272—JULY 5, 1994 
(b) EXTENDING APPLICATION OUTSIDE UNITED STATES.—^The 
President may extend (in the way and for periods the President 
considers necessary) the appUcation of this part to outside the 
United States when— 
(1) an international arrangement gives the United States 
Government authority to make the extension; and 
(2) the President decides the extension is in the national 
interest. 
(c) ADDITIONAL REMEDIES.—^A remedy under this part is in 
addition to any other remedies provided by law. 
SUBPART II—ECONOMIC REGULATION 
CHAPTER 411—AIR CARRIER CERTIFICATES 
Sec. 
41101. Requirement for a certificate. 
41102. General, temporary, and charter air transportation certificates of air car-
riers. 
^ 
41103. All-cargo air transportation certificates of air carriers. 
41104. Additional limitations and requirements of charter air carriers. 
41105. Transfers of certificates. 
41106. Airlift service. 
41107. Transportation of mail. 
41108. Applications for certificates. 
41109. Terms of certificates. 
41110. Effective periods and amendments, modifications, suspensions, and revoca-
tions of certificates. 
41111. Simplified procedure to apply for, amend, modify, suspend, and transfer 
certificates. 
, 
41112. Liability insurance and financial responsibility. 
§ 41101. Requirement for a certiHcate 
(a) GENERAL.—Except as provided in this chapter or another 
law— 
(1) an air carrier may provide air transportation only if 
the air carrier holds a certificate issued under this chapter 
authorizing the air transportation; 
(2) a charter air carrier may provide charter air transpor-
tation only if the charter air carrier holds a certificate issued 
under this chapter authorizing the charter air transportation; 
and 
(3) an air carrier may provide all-cargo air transportation 
only if the air carrier holds a certificate issued under this 
chapter authorizing the all-cargo air transportation, 
(b) THROUGH SERVICE AND JOINT TRANSPORTATION.^A citizen 
of the United States providing transportation in a State of pas-
sengers or property as a common carrier for compensation with 
aircraft capable of carrying at least 30 passengers, under authority 
granted by the appropriate State authority— 
(1) may provide transportation for passengers and property 
that includes through service by the citizen over its routes 
in the State and in air transportation by an air carrier or 
foreign air carrier; and 
(2) subject to sections 41309 and 42111 of this title, may 
make an agreement with an air carrier or foreign air carrier 
to provide the joint transportation. 
(c) PROPRIETARY OR EXCLUSIVE RIGHT NOT CONFERRED.—-A cer-
tificate issued under this chapter does not confer a proprietary 
or exclusive right to use airspace, an airway of the United States, 
or an air navigation facility. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1119 
§41102. General, temporary, and charter air transportation 
certihcates of air carriers 
(a) ISSUANCE.—^The Secretary of Transportation may issue a 
certificate of public convenience and necessity to a citizen of the 
United States authorizing the citizen to provide any part of the 
following air transportation the citizen has applied for under section 
41108 of this title: 
(1) air transportation as an air carrier. 
(2) temporary air transportation as an air carrier for a 
limited period. 
(3) charter air transportation as a charter air carrier. 
(b) FINDINGS REQUIRED FOR ISSUANCE.—(1) Before issuing a 
certificate under subsection (a) of this section, the Secretary must 
find that the citizen is fit, willing, and able to provide the transpor-
tation to be authorized by the certificate euid to comply with this 
part and regulations of the Secretary. 
(2) In addition to the findings under paragraph (1) of this 
subsection, the Secretary, before issuing a certificate under sub-
section (a) of this section for foreign air transportation, must find 
that the transportation is consistent with the public convenience 
and necessity. 
(c) TEMPORARY CERTIFICATES.—The Secretary may issue a cer-
tificate under subsection (a) of this section for interstate air 
transportation (except the transportation of passengers) or foreign 
air transportation for a temporary period of time (whether the 
application is for permanent or temporary authority) when the 
Secretary decides that a test period is desirable— 
(1) to decide if the projected services, efficiencies, methods, 
and prices and the projected results will materialize and remain 
for a sustained period of time; or 
(2) to evaluate the new transportation. 
(d) FOREIGN AIR TRANSPORTATION.—^The Secretary shall submit 
each decision authorizing the provision of foreign air transportation 
to the President under section 41307 of this title. 
§41103. All-cargo air transportation certiHcates of air car-
riers 
(a) APPLICATIONS.—^A citizen of the United States may apply 
to the Secretary of Transportation for a certificate authorizing the 
citizen to provide all-property air transportation. The application 
must contain information and be in the form the Secretary by 
regulation requires. 
(b) ISSUANCE.—Not later than 180 days after an application 
for a certificate is filed under this section, the Secretary shall 
issue the certificate to a citizen of the United States authorizing 
the citizen, as an air carrier, to provide any part of the all-cargo 
air transportation applied for unless the Secretary finds that the 
citizen is not fit, willing, and able to provide the all-cargo air 
transportation to be authorized by the certificate and to comply 
with regulations of the Secretary. 
(c) TERMS.—^The Secretary may impose terms the Secretary 
considers necessary when issuing a certificate under this section. 
However, the Secretary may not impose terms that restrict the 
places served or prices charged by the holder of the certificate. 
(d) EXEMPTIONS AND STATUS.—A citizen issued a certificate 
under this section— 
108 STAT. 1120 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) is exempt in providing the transportation under the 
certificate fi-om the requirements of— 
(A) section 41101(a)(1) of this title and regulations 
or procedures prescribed under section 41101(aXl); and 
(B) other provisions of this part and regulations or 
procedures prescribed under those provisions when the Sec-
retary finds under regulations of the Secretary that the 
exemption is appropriate; and 
(2) is an air carrier under this part except to the extent 
the carrier is exempt under this section from a requirement 
of this part. 
§41104. Additional limitations and requirements of charter 
air carriers 
(a) RESTRICTIONS.—^The Secretary of Transportation may pre-
scribe a regulation or issue an order restricting the marketability, 
flexibility, accessibility, or variety of charter air transportation pro-
vided under a certificate issued under section 41102 of this title 
only to the extent required by the public interest. A regulation 
prescribed or order issued under this subsection may not be more 
restrictive than a regulation related to charter air transportation 
that was in effect on October 1,1978. 
(b) ALASKA.—^An air carrier holding a certificate issued under 
section 41102 of this title may provide charter air transportation 
between places in Alaska only to the extent the Secretary decides 
the transportation is required by public convenience and necessity. 
The Secretary may make that decision when issuing, amending, 
or modifying the certificate. This subsection does not apply to a 
certificate issued under section 41102 to a citizen of the United 
States who, before July 1, 1977— 
(1) maintained a principal place of business in Alaska; 
and 
(2) conducted air transport operations between places in 
Alaska with aircraft with a certificate for gross takeoff" weight 
of more than 40,000 pounds. 
(c) SUSPENSIONS.—(1) The Secretary shall suspend for not more 
than 30 days any part of the certificate of a charter air carrier 
if the Secretary decides that the failure of the carrier to comply 
with the requirements described in sections 41110(e) and 41112 
of this title, or a regulation or order of the Secretary under section 
41110(e) or 41112, requires immediate suspension in the interest 
of the rights, welfare, or safety of the public. The Secretary may 
act under this paragraph without notice or a hearing. 
(2) The Secretary shall begin immediately a hearing to decide 
if the certificate referred to in paragraph (1) of this subsection 
should be amended, modified, suspended, or revoked. Until the 
hearing is completed, the Secretary may suspend the certificate 
for additional periods totaling not more than 60 days. If the Sec-
retary decides that the carrier is complying with the requirements 
described in sections 41110(e) and 41112 of this title and regulations 
and orders under sections 41110(e) and 41112, the Secretary imme-
diately may end the suspension period and proceeding begun under 
this subsection. However, the Secretary is not prevented from 
imposing a civil penalty on the carrier for violating the requirements 
described in section 41110(e) or 41112 or a regulation or order 
under section 41110(e) or 41112. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1121 
§ 41105. Transfers of certiHcates 
(a) GENERAL.—^A certificate issued under section 41102 of this 
title may be transferred only when the Secretary of Transportation 
approves the transfer as being consistent with the public interest. 
(b) CERTIFICATION TO CONGRESS.—When a certificate is trans-
ferred, the Secretary shall certify to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives 
that the transfer is consistent with the public interest. The Sec-
retary shall include with the certification a report analyzing the 
effects of the transfer on— 
(1) the viability of each carrier involved in the transfer; 
(2) competition in the domestic airline industry; and 
(3) the trade position of the United States in the inter-
national air transportation market. 
§41106. Airlift service 
(a) GENERAL.—(1) Except as provided in subsection (b) of this 
section, the transportation of passengers or property by transport 
category aircraft in interstate air transportation obtained by the 
Secretary of Defense or the Secretary of a military department 
through a contract of at least 31 days for airlift service in the 
United States may be provided only by an air carrier that— 
(A) has aircraft in the civil reserve air fleet or offers to 
place the aircraft in that fleet; and 
(B) holds a certificate issued under section 41102 of this 
title. 
(2) The Secretary of Transportation shall act as expeditiously 
as possible on an application for a certificate under section 41102 
of this title to provide airlift service. 
(b) EXCEPTION.—^When the Secretary of Defense decides that 
no air carrier holding a certificate under section 41102 is capable 
of providing, and willing to provide, the airlift service, the Secretary 
of Defense may make a contract to provide the service with an 
air carrier not having a certificate. 
§ 41107. Transportation of mail 
When the United States Postal Service finds that the needs 
of the Postal Service require the transportation of mail by aircraft 
in foreign air transportation or between places in Alaska, in addition 
to the transportation of mail authorized under certificates in effect, 
the Postal Service shall certify that finding to the Secretary of 
Transportation with a statement about the additional transpor-
tation and facilities necessary to provide the additional transpor-
tation. A copy of each certification and statement shall be posted 
for at least 20 days in the office of the Secretary. After notice 
and an opportunity for a hearing, the Secretary shall issue a new 
\ 
certificate under section 41102 of this title, or amend or modify 
, 
\ 
an existing certificate under section 41110(a)(2)(A) of this title, 
\ 
to provide the additional transportation and facilities if the Sec- 
\ 
retary finds the additional transportation is required by the public 
convenience and necessity. 
§ 41108. Applications for certiHcates 
(a) FORM, CONTENTS, AND PROOF OF SERVICE.—TO be issued 
a certificate of public convenience and necessity under section 41102 
108 STAT. 1122 
PUBLIC LAW 103-272—JULY 5, 1994 
of this title, a citizen of the United States must apply to the 
Secretary of Transportation. The application must— 
Regulations. 
(1) be in the form and contain information required by 
regulations of the Secretary; and 
(2) be accompanied by proof of service on interested persons 
as required by regulations of the Secretary and on each commu-
nity that may be affected by the issuance of the certificate. 
(b) NOTICE, RESPONSE, AND ACTIONS ON APPLICATIONS.—(1) 
When an application is filed, the Secretary shall post a notice 
of the application in the office of the Secretary and give notice 
of the application to other persons as required by regulations of 
the Secretary. An interested person may file a response with the 
Secretary opposing or supporting the issuance of the certificate. 
Not later than 90 days after the application is filed, the Secretary 
shall— 
(A) provide an opportunity for a public hearing on the 
application; 
(B) begin the procedure under section 41111 of this title; 
or 
(C) dismiss the application on its merits. 
(2) An order of dismissal issued by the Secretary under para-
graph (1)(C) of this subsection is a final order and may be reviewed 
judicially under section 46110 of this title. 
(3) If the Secretary provides an opportunity for a hearing under 
paragraph (1)(A) of this subsection, an initial or recommended 
decision shall be issued not later than 150 days after the date 
the Secretary provides the opportunity. The Secretary shall issue 
a final order on the application not later than 90 days after the 
decision is issued. However, if the Secretary does not act within 
the 90-day period, the initial or recommended decision on an 
application to provide— 
(A) interstate air transportation is a final order and may 
be reviewed judicially under section 46110 of this title; and 
(B) foreign air transportation shall be submitted to the 
President under section 41307 of this title. 
(4) If the Secretary acts under paragraph (1)(B) of this sub-
section, the Secretary shall issue a final order on the application 
not later than 180 days after beginning the procedure on the 
application. 
(5) If a citizen applying for a certificate does not meet the 
procedural schedule adopted by the Secretary in a proceeding, the 
Secretary may extend the period for acting under paragraphs (3) 
and (4) of this subsection by a period equal to the period of delay 
caused by the citizen. In addition to an extension under this para-
graph, an initial or recommended decision under paragraph (3) 
of this subsection may be delayed for not more than 30 days 
in extraordinary circumstances. 
(c) PROOF REQUIREMENTS.—(1) A citizen applying for a certifi-
cate must prove that the citizen is fit, willing, and able to provide 
the transportation referred to in section 41102 of this title and 
to comply with this part. 
(2) A person opposing a citizen applying for a certificate must 
prove that the transportation referred to in section 41102(b)(2) 
of this title is not consistent with the public convenience and neces-
sity. The transportation is deemed to be consistent with the public 
convenience and necessity unless the Secretary finds, by a prepon-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1123 
derance of the evidence, that the transportation is not consistent 
with the pubhc convenience and necessity. 
§41109. Terms of certificates 
(a) GENERAL.—(1) Each certificate issued under section 41102 
of this title shall specify the type of transportation to be provided. 
(2) The Secretary of Transportation— 
(A) may prescribe terms for providing air transportation 
under the certificate that the Secretary finds may be required 
in the public interest; but 
(B) may not prescribe a term preventing an air carrier 
from adding or changing schedules, equipment, accommoda-
tions, and facilities for providing the authorized transportation 
to satisfy business development and public demand. 
(3) A certificate issued under section 41102 of this title to 
provide foreign air transportation shall specify the places between 
which the air carrier is authorized to provide the transportation 
only to the extent the Secretary considers practicable and otherwise 
only shall specify each general route to be followed. The Secretary 
shall authorize an air carrier holding a certificate to provide foreign 
air transportation to handle and transport mail of countries other 
than the United States. 
(4) A certificate issued under section 41102 of this title to 
provide foreign charter air transportation shall specify the places 
between which the air carrier is authorized to provide the transpor-
tation only to the extent the Secretary considers practicable and 
otherwise only shall specify each geographical area in which, or 
between which, the transportation may be provided. 
(b) MODIFYING TERMS.—(1) An air carrier may file with the 
Secretary an application to modify any term of its certificate issued 
under section 41102 of this title to provide interstate or foreign 
air transportation. Not later than 60 days after an application 
is filed, the Secretary shall— 
(A) provide the carrier an opportunity for an oral evi-
dentiary hearing on the record; or 
(B) begin to consider the application under section 41111 
of this title. 
(2) The Secretary shall modify each term the Secretary finds 
to be inconsistent with the criteria under section 40101(a) and 
(b) of this title. 
(3) An application under this subsection may not be dismissed 
under section 41108(b)(1)(C) of this title. 
§41110. Effective periods and amendments, modifications, 
suspensions, and revocations of certificates 
(a) GENERAL.—(1) Each certificate issued under section 41102 
of this title is effective from the date specified in it and remains 
in effect until— 
(A) the Secretary of Transportation suspends or revokes 
the certificate under this section; 
(B) the end of the period the Secretary specifies for an 
air carrier having a certificate of temporary authority issued 
under section 41102(a)(2) of this title; or 
(C) the Secretary certifies that transportation is no longer 
being provided under a certificate. 
(2) On application or on the initiative of the Secretary and 
after notice and an opportunity for a hearing or, except as provided 
108 STAT. 1124 
PUBLIC LAW 103-272—JULY 5, 1994 
in paragraph (4) of this subsection, under section 41111 of this 
title, the Secretary may— 
(A) amend, modify, or suspend any part of a certificate 
if the Secretary finds the public convenience and necessity 
require amendment, modification, or suspension; and 
(B) revoke any part of a certificate if the Secretary finds 
that the holder of the certificate intentionally does not comply 
with this chapter, sections 41308-41310(a), 41501, 41503, 
41504, 41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 
41712, and 41731-41742, chapter 419, subchapter II of chapter 
421, and section 46301(b) of this title, a regulation or order 
of the Secretary under any of those provisions, or a term 
of its certificate. 
(3) The Secretary may revoke a certificate under paragraph 
(2)(B) of this subsection only if the holder of the certificate does 
not comply, within a reasonable time the Secretary specifies, with 
an order to the holder requiring compliance. 
(4) A certificate to provide foreign air transportation may not 
be amended, modified, suspended, or revoked under section 41111 
of this title if the holder of the certificate requests an oral evi-
dentiary hearing or the Secretary finds, under all the facts and 
circumstances, that the hearing is required in the public interest. 
(b) ALL-CARGO AIR TRANSPORTATION.—The Secretary may order 
that a certificate issued under section 41103 of this title authorizing 
all-cargo air transportation is ineffective if, after notice and an 
opportunity for a hearing, the Secretary finds that the transpor-
tation is not provided to the minimum extent specified by the 
Secretary. 
(c) FOREIGN AIR TRANSPORTATION.—(1) Notwithstanding sub-
section (a)(2)-(4) of this section, after notice and a reasonable oppor-
tunity for the affected air carrier to present its views, but without 
a hearing, the Secretary may suspend or revoke the authority 
of an air carrier to provide foreign air transportation to a place 
under a certificate issued under section 41102 of this title if the 
carrier— 
(A) notifies the Secretary, under section 41734(a) of this 
title or a regulation of the Secretary, that it intends to suspend 
all transportation to that place; or 
(B) does not provide regularly scheduled transportation 
to the place for 90 days immediately before the date the Sec-
retary notifies the carrier of the action the Secretary proposes. 
(2) Paragraph (1)(B) of this subsection does not apply to a 
place provided seasonal transportation comparable to the transpor-
tation provided during the prior year. 
(d) TEMPORARY CERTIFICATES.—On application or on the initia-
tive of the Secretary, the Secretary may— 
(1) review the performance of an air carrier issued a certifi-
cate under section 41102(c) of this title on the basis that the 
air carrier will provide innovative or low-priced air transpor-
tation under the certificate; and 
(2) amend, modify, suspend, or revoke the certificate or 
authority under subsection (a)(2) or (c) of this section if the 
air carrier has not provided, or is not providing, the transpor-
tation. 
(e) CONTINUING REQUIREMENTS.—^After notice and an oppor-
tunity for a hearing, the Secretary shall amend, modify, suspend. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1125 
or revoke any part of a certificate issued under section 41102 
of this title if the Secretary finds that the air carrier— 
(1) is not fit, willing, and able to continue to provide the 
transportation authorized by the certificate and to comply with 
this part and regulations of the Secretary; or 
(2) does not file reports necessary for the Secretary to 
decide if the carrier is complying with the requirements of 
clause (1) of this subsection. 
(D ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—The 
Secretary— 
(1) in consultation with appropriate departments, agencies, 
and instrumentalities of the United States Government, shall 
reexamine immediately the fitness of an air carrier that— 
(A) violates the laws and regulations of the United 
States related to the illegal importation of a controlled 
substance; or 
(B) does not adopt available measures to prevent the 
illegal importation of a controlled substance into the United 
States on its aircraft; and 
(2) when appropriate, shall amend, modify, suspend, or 
revoke the certificate of the carrier issued under this chapter. 
(g) RESPONSES.—^An interested person may file a response with 
the Secretary opposing or supporting the amendment, modification, 
suspension, or revocation of a certificate under subsection (a) of 
this section. 
§41111. SimplMed procedure to apply for, amend, modify, 
suspend, and transfer certihcates 
(a) GENERAL REQUIREMENTS.—(1) The Secretary of Transpor- Regulations, 
tation shall prescribe regulations that simplify the procedure for— 
(A) acting on an application for a certificate to provide 
air transportation under section 41102 of this title; and 
(B) amending, modifying, suspending, or transferring any 
part of that certificate under section 41105 or 41110(a) or 
(c) of this title. 
(2) Regulations under this section shall provide for notice and 
an opportunity for each interested person to file appropriate written 
evidence and argument. An oral evidentiary hearing is not required 
to be provided under this section. 
(b) WHEN SIMPLIFIED PROCEDURE USED.—The Secretary 
may 
use the simplified procedure to act on an application for a certificate 
to provide air transportation under section 41102 of this title, 
or to amend, modify, suspend, or transfer any part of that certificate 
under section 41105 or 41110(a) or (c) of this title, when the Sec-
retary decides the use of the procedure is in the public interest. 
(c) CONTENTS.—(1) To the extent the Secretary finds prac-
ticable, regulations under this section shall include each standard 
the Secretary will apply when— 
(A) deciding whether to use the simplified procedure; and 
(B) making a decision on an action in which the procedure 
is used. 
(2) The regulations may provide that written evidence and 
argument may be filed under section 41108(b) of this title as a 
part of a response opposing or supporting the issuance of a 
certificate. 
108 STAT. 1126 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 41112. Liability insurance and Anancial responsibility 
(a) LIABILITY INSURANCE.—The Secretary of Transportation 
may issue a certificate to a citizen of the United States to provide 
air transportation as an air carrier under section 41102 of this 
title only if the citizen complies with regulations and orders of 
the Secretary governing the filing of an insurance policy or self-
insurance plan approved by the Secretary. The policy or plan must 
be sufficient to pay, not more ^.han the amount of the insurance, 
for bodily injury to, or death )f, an individual or for loss of, or 
damage to, property of others, resulting from the operation or 
maintenance of the aircraft under the certificate. A certificate does 
not remain in effect unless the carrier complies with this subsection. 
(b) FINANCIAL RESPONSIBILITY.—TO protect passengers and 
shippers using an aircraft operated by an air carrier issued a 
certificate under section 41102 of this title, the Secretary may 
require the carrier to file a performance bond or equivalent security 
in the amount and on terms the Secretary prescribes. The bond 
or security must be sufficient to ensure the carrier adequately 
will pay the passengers and shippers when the transportation the 
carrier agrees to provide is not provided. The Secretary shall pre-
scribe the amounts to be paid under this subsection. 
CHAPTER 413—FOREIGN AIR TRANSPORTATION 
Sec. 
41301. Requirement for a permit. 
41302. Permits of foreign air carriers. 
41303. Transfers of permits. 
41304. Effective periods and amendments, modifications, suspensions, and revoca-
tions of permits. 
41305. Applications for permits. 
41306. Simplified procedvu-e to apply for, amend, modify, and suspend permits. 
41307. Presidential review of actions about foreign air transportation. 
41308. Exemption from the antitrust laws. 
41309. Cooperative agreements and requests. 
41310. Discriminatory practices. 
§ 41301. Requirement for a permit 
A foreign air carrier may provide foreign air transportation 
only if the foreign air carrier holds a permit issued under this 
chapter authorizing the foreign air transportation. 
§ 41302. Permits of foreign air carriers 
The Secretary of Transportation may issue a permit to a person 
(except a citizen of the United States) authorizing the person to 
provide foreign air transportation as a foreign air carrier if the 
Secretary finds that— 
(1) the person is fit, willing, and able to provide the foreign 
air transportation to be authorized by the permit and to comply 
with this part and regulations of the Secretary; and 
(2)(A) the person is qualified, and has been designated 
by the government of its country, to provide the foreign air 
transportation under an agreement with the United States 
Government; or 
(B) the foreign air transportation to be provided under 
the permit will be in the public interest. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1127 
§ 41303. Transfers of permits 
A permit issued under section 41302 of this title may be trans-
ferred only when the Secretary of Transportation approves the 
transfer because the transfer is in the public interest. 
§41304. Effective periods and amendments, modiHcations, 
suspensions, and revocations of permits 
(a) GENERAL.—The Secretary of Transportation may prescribe 
the period during which a permit issued under section 41302 of 
this title is in effect. After notice and an opportunity for a hearing, 
the Secretary may amend, modify, suspend, or revoke the permit 
if the Secretary finds that action to be in the public interest. 
(b) SUSPENSIONS AND RESTRICTIONS.—Without a hearing, but 
subject to the approval of the President, the Secretary— 
(1) may suspend summarily the permits of foreign air car-
riers of a foreign country, or amend, modify, or limit the oper-
ations of the foreign air carriers under the permits, when 
the Secretary finds— 
(A) the action is in the public interest; and 
(B) the government, an aeronautical authority, or a 
foreign air carrier of the foreign country, over the objection 
of the United States Grovemment, has— 
(i) limited or denied the operating rights of an 
air carrier; or 
(ii) engaged in unfair, discriminatory, or restrictive 
practices that have a substantial adverse competitive 
impact on an air carrier related to air transportation 
to, from, through, or over the territory of the foreign 
country; and 
(2) to make this subsection effective, may restrict oper-
ations between the United States and the foreign country by 
a foreign air carrier of a third country. 
(c) ILLEGAL IMPORTATION OF CONTROLLED SUBSTANCES.—^The 
Secretary— 
(1) in consultation with appropriate departments, agencies, 
and instrumentalities of the Government, shall reexamine 
immediately the fitness of a foreign air carrier that— 
(A) violates the laws and regulations of the United 
States related to the illegal importation of a controlled 
substance; or 
(B) does not adopt available measures to prevent the 
illegal importation of a controlled substance into the United 
States on its aircraft; and 
(2) when appropriate, shall amend, modify, suspend, or 
revoke the permit of the carrier issued under this chapter. 
(d) RESPONSES.—^An interested person may file a response with 
the Secretary opposing or supporting the amendment, modification, 
suspension, or revocation of a permit under subsection (a) of this 
section. 
§ 41305. Applications for permits 
(a) 
FORM, CONTENTS, NOTICE, RESPONSE, AND ACTIONS ON 
APPLICATIONS.—(1) A person must apply in writing to the Secretary 
of Transportation to be issued a permit under section 41302 of 
this title. The Secretary shall prescribe regulations to require that 
Regulations, 
the application be— 
(A) verified; 
108 STAT. 1128 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) in a certain form and contain certain information; 
(C) served on interested persons; and 
(D) accompanied by proof of service on those persons. 
(2) When an appUcation is filed, the Secretary shall post a 
notice of the application in the office of the Secretary and give 
notice of the application to other persons as required by regulations 
of the Secretary, An interested person may file a response with 
the Secretary opposing or supporting the issuance of the permit. 
The Secretary shall act on an application as expeditiously as pos-
sible. 
(b) TERMS.—^The Secretary may impose terms for providing 
foreign air transportation under the permit that the Secretary 
finds may be required in the public interest. 
§41306. SimpliHed procedure to apply for, amend, modify, 
and suspend permits 
(a) REGULATIONS.—^The Secretary of Transportation shall pre-
scribe regulations that simplify the procedure for— 
(1) acting on an application for a permit to provide foreign 
air transportation under section 41302 of this title; and 
(2) amending, modifying, or suspending any part of that 
permit under section 41304(a) or (b) of this title. 
(b) NOTICE AND OPPORTUNITY TO RESPOND.—Regulations under 
this section shall provide for notice and an opportunity for each 
interested person to file appropriate written evidence and argument. 
An oral evidentiary hearing is not required to be provided under 
this section. 
§41307. Presidential review of actions about foreign air 
transportation 
The Secretary of Transportation shall submit to the President 
for review each decision of the Secretary to issue, deny, amend, 
modify, suspend, revoke, or transfer a certificate issued under sec-
tion 41102 of this title authorizing an air carrier, or a permit 
issued under section 41302 of this title authorizing a foreign air 
carrier, to provide foreign air transportation. The President may 
disapprove the decision of the Secretary only if the reason for 
disapproval is based on foreign relations or national defense consid-
erations that are under the jurisdiction of the President. The Presi-
dent may not disapprove a decision of the Secretary if the reason 
is economic or related to carrier selection. A decision of the 
Secretary— 
(1) is void if the President disapproves the decision and 
publishes the reasons (to the extent allowed by national secu-
rity) for disapproval not later than 60 days after it is submitted 
to the President; or 
(2)(A) takes effect as a decision of the Secretary if the 
President does not disapprove the decision not later than 60 
days after the decision is submitted to the President; and 
(B) when effective, may be reviewed judicially under section 
46110 of this title. 
§ 41308. Exemption from the antitrust laws 
(a) DEFINITION.—In this section, "antitrust laws" has the same 
meaning given that term in the first section of the Clayton Act 
(15U.S.C. 12). 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1129 
(b) EXEMPTION AUTHORIZED.—When the Secretary of Transpor-
tation decides it is required by the pubHc interest, the Secretary, 
as part of an order under section 41309 or 42111 of this title, 
may exempt a person affected by the order from the antitrust 
laws to the extent necessary to allow the person to proceed with 
the transaction specifically approved by the order and with any 
transaction necessarily contemplated by the order. 
(c) EXEMPTION REQUIRED.—In an order under section 41309 
of this title approving an agreement, request, modification, or can-
cellation, the Secretary, on the basis of the findings required under 
section 41309(b)(1), shall exempt a person affected by the order 
from the antitrust laws to the extent necessary to allow the person 
to proceed with the transaction specifically approved by the order 
and with any transaction necessarily contemplated by the order. 
§ 41309. Cooperative agreements and requests 
(a) FILING.—^An air carrier or foreign air carrier may file with 
the Secretary of Transportation a true copy of or, if oral, a true 
and complete memorandum of, an agreement (except an agreement 
related to interstate air transportation), or a request for authority 
to discuss cooperative arrangements (except arrangements related 
to interstate air transportation), and any modification or cancella-
tion of an agreement, between the air carrier or foreign air carrier 
and another air carrier, a foreign carrier, or another carrier. 
(b) APPROVAL.—The Secretary of Transportation shall approve 
an agreement, request, modification, or cancellation referred to 
in subsection (a) of this section when the Secretary finds it is 
not adverse to the public interest and is not in violation of this 
part. However, the Secretary shall disapprove— 
(1) or, after periodic review, end approval of, an agreement, 
request, modification, or cancellation, that substantially reduces 
or eliminates competition unless the Secretary finds that— 
(A) the agreement, request, modification, or cancella-
tion is necessary to meet a serious transportation need 
or to achieve important public benefits (including inter-
national comity and foreign policy considerations); and 
(B) the transportation need cannot be met or those 
benefits cannot be achieved by reasonably available alter-
natives that are materially less anticompetitive; or 
(2) an agreement that— 
(A) is between an air carrier not directly operating 
aircraft in foreign air transportation and a common carrier 
subject to subtitle IV of this title; and 
(B) governs the compensation the common carrier may 
receive for the transportation. 
(c) NOTICE AND OPPORTUNITY TO RESPOND OR FOR HEARING.— 
(1) When an agreement, request, modification, or cancellation is 
filed, the Secretary of Transportation shall give the Attorney Gen-
eral and the Secretary of State written notice of, and an opportunity 
to submit written comments about, the filing. On the initiative 
of the Secretary of Transportation or on request of the Attorney 
General or Secretary of State, the Secretary of Transportation may 
conduct a hearing to decide whether an agreement, request, modi-
fication, or cancellation is consistent with this part whether or 
not it was approved previously. 
(2) In a proceeding before the Secretary of Transportation apply-
ing standards under subsection (b)(1) of this section, a party oppos-
108 STAT. 1130 
PUBLIC LAW 103-272—JULY 5, 1994 
ing an agreement, request, modification, or cancellation has the 
burden of proving that it substantially reduces or eliminates com-
petition and that less anticompetitive alternatives are available. 
The party defending the agreement, request, modification, or can-
cellation has the burden of proving the transportation need or 
public benefits. 
(3) The Secretary of Transportation shall include the findings 
required by subsection (b)(1) of this section in an order of the 
Secretary approving or disapproving an agreement, request, modi-
fication, or cancellation. 
§41310. Discriminatory practices 
(a) PROHIBITION.—^An air carrier or foreign air carrier may 
not subject a person, place, port, or type of traffic in foreign air 
transportation to unreasonable discrimination. 
(b) 
REVIEW AND NEGOTIATION OF DISCRIMINATORY FOREIGN 
CHARGES.—(1) The Secretary of Transportation shall survey charges 
imposed on an air carrier by the government of a foreign country 
or another foreign entity for the use of airport property or airway 
property in foreign air transportation. If the Secretary of Transpor-
tation decides that a charge is discriminatory, the Secretary 
promptly shall report the decision to the Secretary of State. The 
Secretaries of State and Transportation promptly shall begin nego-
tiations with the appropriate government to end the discrimination. 
If the discrimination is not ended in a reasonable time through 
negotiation, the Secretary of Transportation shall establish a com-
pensating charge equal to the discriminatory charge. With the 
approval of the Secretary of State, the Secretary of the Treasury 
shall impose the compensating charge on a foreign air carrier of 
that country as a condition to accepting the general declaration 
of the aircraft of the foreign air carrier when it lands or takes 
off. 
(2) The Secretary of the Treasury shall maintain an account 
to credit money collected under paragraph (1) of this subsection. 
An air carrier shall be paid from the account an amount certified 
by the Secretary of Transportation to compensate the air carrier 
for the discriminatory charge paid to the government. 
(c) ACTIONS AGAINST DISCRIMINATORY ACTIVITY.—(1) The Sec-
retary of Transportation may take actions the Secretary considers 
are in the public interest to eliminate an activity of a government 
of a foreign country or another foreign entity, including a foreign 
air carrier, when the Secretary, on the initiative of the Secretary 
or on complaint, decides that the activity— 
(A) is an unjustifiable or unreasonable discriminatory, 
predatory, or anticompetitive practice against an air carrier; 
or 
(B) imposes an unjustifiable or unreasonable restriction 
on access of an air carrier to a foreign market. 
(2) The Secretary of Transportation may deny, amend, modify, 
suspend, revoke, or transfer under paragraph (1) of this subsection 
a foreign air carrier permit or tariff under section 41302, 41303, 
41304(a), 41504(c), 41507, or 41509 of this title. 
(d) FILING OF, AND ACTING ON. COMPLAINTS.—(1) An air carrier 
or a department, agency, or instrumentality of the United States 
Government may file a complaint under subsection (c) of this section 
with the Secretary of Transportation. The Secretary shall approve, 
deny, or dismiss the complaint, set the complaint for a hearing 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1131 
or investigation, or begin another proceeding proposing remedial 
action not later than 60 days after receiving the complaint. The 
Secretary may extend the period for acting for additional periods 
totaling not more than 30 days if the Secretary decides that with 
additional time it is likely that a complaint can be resolved satisfac-
torily through negotiations with the government of the foreign 
country or foreign entity. The Secretary must act not later than 
90 days after receiving the complaint. However, the Secretary may 
extend this 90-day period for not more than an additional 90 days 
if, on the last day of the initial 90-day period, the Secretary finds 
that— 
(A) negotiations with the government have progressed to 
a point that a satisfactory resolution of the complaint appears 
imminent; 
(B) an air carrier has not been subjected to economic injury 
by the government or entity as a result of filing the complaint; 
and 
(C) the public interest requires additional time before the 
Secretary acts on the complaint. 
(2) In carrying out paragraph (1) of this subsection and sub-
section (c) of this section, the Secretary of Transportation shall— 
(A) solicit the views of the Secretaries of Commerce and 
State and the United States Trade Representative; 
(B) give an affected air carrier or foreign air carrier reason-
able notice and an opportunity to submit written evidence 
and arguments within the time limits of this subsection; and 
(C) submit to the President under section 41307 or 41509(f) 
i of this title actions proposed by the Secretary of Transportation. 
(e) REVIEW.—(1) The Secretaries of State, the Treasury, and 
Transportation and the heads of other departments, agencies, and 
instrumentalities of the Government shall keep under review, to 
the extent of each of their jurisdictions, each form of discrimination 
or unfair competitive practice to which an air carrier is subject 
when providing foreign air transportation. Each Secretary and head 
shall— 
(A) take appropriate action to eliminate any discrimination 
or unfair competitive practice found to exist; and 
(B) request Congress to enact legislation when the author-
ity to eliminate the discrimination or unfair practice is inad-
equate. 
(2) The Secretary of Transportation shall report to Congress 
Reports, 
annually on each action taken under paragraph (1) of this sub-
section and on the continuing program to eliminate discrimination 
and unfair competitive practices. The Secretaries of State and the 
Treasury each shall give the Secretary of Transportation informa-
tion necessary to prepare the report. 
(f) REPORTS.—Not later than 30 days after acting on a complaint 
under this section, the Secretary of Transportation shall report 
to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on action taken under this section 
on the complaint. 
CHAPTER 415—PRICING 
Sec. 
41501. Establishing reasonable prices, classifications, rules, practices, and divi-
sions of joint prices for foreign air transportation. 
108 STAT. 1132 
PUBLIC LAW 103-272—JULY 5, 1994 
41502. Establishing joint prices for through routes with other common carriers. 
41503. EstabUshing joint prices for through routes provided by State authorized 
carriers. 
41504. Tariffs for foreign air transportation. 
41505. Uniform methods for establishing joint prices, and divisions of joint prices, 
applicable to commuter air carriers. 
41506. Price division filing requirements for foreign air transportation. 
41507. Authority of the Secretary of Transportation to change prices, classifica-
tions, rules, and practices for foreign air transportation. 
41508. Autiiority of the Secretary of Transportation to adjust divisions of joint 
prices for foreign air transportation. 
41509. Autnority of the Secretary of Transportation to suspend, cancel, and reject 
tariffs for foreign air transportation. 
41510. Required adherence to foreign air transportation tariffs. 
41511. Special prices for foreign air transportation. 
§ 41501. Establishing reasonable prices, classi^cations, rules, 
practices, and divisions of joint prices for foreign 
air transportation 
Every air carrier and foreign air carrier shall establish, comply 
with, and enforce— 
(1) reasonable prices, classifications, rules, and practices 
related to foreign air transportation; and 
(2) for joint prices established for foreign air transportation, 
reasonable divisions of those prices among the participating 
air carriers or foreign air carriers without unreasonably 
discriminating against any of those carriers. 
§41502. Establishing joint prices for through routes with 
other common carriers 
(a) JOINT PRICES.—^An air carrier may establish reasonable 
joint prices and through service with another common carrier. How-
ever, an air carrier not directly operating aircraft in air transpor-
tation (except an air express company) may not establish under 
this section a joint price for the tr£insportation of property with 
a common carrier subject to subtitle IV of this title. 
(b) PRICES, CLASSIFICATIONS, RULES, AND PRACTICES AND DIVI-
SIONS OF JOINT PRICES.—For through service by an air carrier 
and a common carrier subject to subtitle IV of this title, the partici-
pating carriers shall establish— 
(1) reasonable prices and reasonable classifications, rules, 
and practices aiffecting those prices or the value of the transpor-
tation provided under those prices; and 
(2) for joint prices established for the through service, 
reasonable divisions of those joint prices among the participat-
ing carriers. 
(c) STATEMENTS INCLUDED IN TARiFFS.^An air carrier and a 
common carrier subject to subtitle IV of this title that are participat-
ing in through service and joint prices shall include in their tariffs, 
filed with the Secretary of Transportation, a statement showing 
the through service and joint prices. 
§41503. Establishing joint prices for through routes pro-
vided by State authorized carriers 
Subject to sections 41309 and 42111 of this title, a citizen 
of the United States providing transportation under section 41101(b) 
of this title may make an agreement with an air carrier or foreign 
air carrier for joint prices for that transportation. The joint prices 
agreed to must be the lowest o
f
— 
(1) the sum of the applicable prices for— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1133 
(A) the part of the transportation provided in the State 
i 
and approved by the appropriate State authority; and 
(B) the part of the transportation provided by the 
air carrier or foreign air carrier; 
(2) a joint price established and filed under section 41504 
of this title; or 
(3) a joint price prescribed by the Secretary of Transpor-
tation under section 41507 of this title. 
§ 41504. Tariffs for foreign air transportation 
(a) FILING AND CONI^ENTS.—In the way prescribed by regulation Regulations, 
by the Secretary of Transportation, every air carrier and foreign 
air carrier shall file with the Secretary, publish, and keep open 
to public inspection, tariffs showing the prices for the foreign air 
transportation provided between places served by the carrier £ind 
provided between places served by the carrier and places served 
by another air carrier or foreign air carrier with which through 
service and joint prices have been established. A tariff— 
(1) shall contain— 
(A) to the extent the Secretary requires by regulation, 
a description of the classifications, rules, and practices 
related to the foreign air transportation; 
(B) a statement of the prices in money of the United 
States; and 
(C) other information the Secretary requires by regula-
tion; and 
(2) may contain— 
(A) a statement of the prices in money that is not 
money of the United States; and 
(B) information that is required under the laws of 
a foreign country in or to which the air carrier or foreign 
air carrier is authorized to operate. 
(b) CHANGES.—(1) Except as provided in paragraph (2) of this 
subsection, an air carrier or foreign air carrier may change a price 
or a classification, rule, or practice eiffecting that price or the 
value of the transportation provided under that price, specified 
in a tariff of the carrier for foreign air transportation only after 
30 days after the carrier has filed, published, and posted notice 
of the proposed change in the same way as required for a tariff 
under subsection (a) of this section. However, the Secretary may 
prescribe an alternative notice requirement, of at least 25 days, 
to allow an air carrier or foreign air carrier to match a proposed 
change in a passenger fare or a charge of another air carrier 
or foreign air carrier. A notice under this paragraph must state 
^ 
plainly the change proposed and when the change will take effect. 
(2) If the effect of a proposed change would be to begin a 
passenger fare that is outside of, or not covered by, the range 
of passenger fares specified under section 41509(e)(2) and (3) of 
this title, the proposed change may be put into effect only on 
the expiration of 60 days after the notice is filed under regulations 
prescribed by the Secretary. 
(c) REJECTION OF CHANGES.—The Secretary may reject a tariff 
or tariff change that is not consistent with this section and regula-
tions prescribed by the Secretary. A tariff or change that is rejected 
is void. 
79-194 O—95—14 : QL 3 Part 2 
108 STAT. 1134 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 41505. Uniform methods for establishing joint prices, and 
divisions of joint prices, applicable to commuter 
air carriers 
(a) DEFINITION.—In this section, "commuter air carrier" means 
an air carrier providing transportation under section 40109(f) of 
this title that provides at least 5 scheduled roundtrips a week 
between the same 2 places. 
(b) GENERAL.—Except as provided in subsection (c) of this sec-
tion, when the Secretary of Transportation prescribes under section 
41508 or 41509 of this title a uniform method generally applicable 
to establishing joint prices and divisions of joint prices for and 
between air carriers holding certificates issued under section 41102 
of this title, the Secretary shall make that uniform method apply 
to establishing joint prices and divisions of joint prices for and 
between air carriers and commuter air carriers. 
(c) NOTICE REQUIRED BEFORE MODIFYING, SUSPENDING, OR 
ENDING TRANSPORTATION.—^A commuter air carrier that has an 
agreement with an air carrier to provide transportation for pas-
sengers and property that includes through service by the commuter 
air carrier over the commuter air carrier's routes and air transpor-
tation provided by the air carrier shall give the air carrier and 
the Secretary at least 90 days' notice before modifying, suspending, 
or ending the transportation. If the commuter air carrier does 
not give that notice, the uniform method of establishing joint prices 
and divisions of joint prices referred to in subsection (b) of this 
section does not apply to the commuter air carrier. 
§41506. Price division filing requirements for foreign air 
transportation 
Every air carrier and foreign air carrier shall keep currently 
on file with the Secretary of Transportation, if the Secretary 
requires, the established divisions of all joint prices for foreign 
air transportation in which the carrier participates. 
§41507. Authority of the Secretary of Transportation to 
change prices, classifications, rules, and prac-
tices for foreign air transportation 
(a) GENERAL.—^When the Secretary of Transportation decides 
that a price charged or received by an air carrier or foreign air 
carrier for foreign air transportation, or a classification, rule, or 
practice affecting that price or the value of the transportation 
provided under that price, is or will be unreasonably discriminatory, 
the Secretary may— 
(1) change the price, classification, rule, or practice as 
necessary to correct the discrimination; and 
(2) order the air carrier or foreign air carrier to stop charg-
ing or collecting the discriminatory price or carrying out the 
discriminatory classification, rule, or practice. 
(b) WHEN SECRETARY MAY ACT.—The Secretary may act under 
this section on the Secretary's own initiative or on a complaint 
filed with the Secretary and only after notice and an opportunity 
for a hearing. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1135 
§41508. Authority of the Secretary of Transportation to 
adjust divisions of joint prices for foreign air 
transpor1;ation 
(a) GENERAL.—^When the Secretary of Transportation decides 
that a division between air carriers, foreign air carriers, or both, 
of a joint price for foreign air transportation is or will be unreason-
able or unreasonably discriminatory against any of those carriers, 
the Secretary shall prescribe a reasonable division of the joint 
price among those carriers. The Secretary may order the adjustment 
in the division of the joint price to be made retroactively to the 
date the complaint was filed, the date the order for an investigation 
was made, or a later date the Secretary decides is reasonable. 
(b) WHEN SECRETAJIY MAY ACT.—The Secretary may act under 
this section on the Secretary's own initiative or on a complaint 
filed with the Secretaiy and only after notice and an opportunity 
for a hearing. 
§ 41509. Authority of the Secretary of Transportation to sus-
pend, cancel, and reject tariffs for foreign air 
transportation 
(a) CANCELLATION AND REJECTION.—(1) On the initiative of 
the Secretary of Transportation or on a complaint filed with the 
Secretary, the Secretary may conduct a hearing to decide whether 
a price for foreign air transportation contained in an existing or 
newly filed tariff of an air carrier or foreign air carrier, a classifica-
tion, rule, or practice affecting that price, or the value of the 
transportation provided under that price, is lawful. The Secretary 
may begin the hearing at once and without an answer or another 
formal pleading by the air carrier or foreign air carrier, but only 
after reasonable notice. If, after the hearing, the Secretary decides 
that the price, classification, rule, or practice is or will be unreason-
able or unreasonably discriminatory, the Secretary may cancel or 
reject the tariff and prevent the use of the price, classification, 
rule, or practice. 
(2) With or without a hearing, the Secretary may cancel or 
reject an existing or newly filed tariff of a foreign air carrier 
and prevent the use of a price, classification, rule, or practice 
when the Secretary decides that the cancellation or rejection is 
in the public interest. 
(3) In deciding whether to cancel or reject a tariff of an air 
carrier or foreign air carrier under this subsection, the Secretary 
shall consider— 
(A) the effect of the price on the movement of traffic; 
(B) the need in the public interest of adequate and efficient 
transportation by air carriers and foreign air carriers at the 
lowest cost consistent with providing the transportation; 
(C) the standards prescribed under law related to the char-
acter and quality of transportation to be provided by air carriers 
and foreign air carriers; 
(D) the inherent advantages of transportation by aircraft; 
(E) the need of the air carrier and foreign air carrier 
for revenue sufficient to enable the air carrier and foreign 
air carrier, under honest, economical, and efficient manage-
ment, to provide adequate and efficient air carrier and foreign 
air carrier transportation; 
108 STAT. 1136 
PUBLIC LAW 103-272—JULY 5, 1994 
(F) whether the price will be predatory or tend to monopo-
lize competition among air carriers and foreign air carriers 
in foreign air transportation; 
(G) reasonably estimated or foreseeable future costs and 
revenues for the air carrier or foreign air carrier for a reason-
ably limited future period during which the price would be 
in effect; and 
(H) other factors. 
(b) SUSPENSION.—(1)(A) Pending a decision under subsection 
(a)(1) of this section, the Secretary may suspend a tariff and the 
use of a price contained in the tariff or a classification, rule, or 
practice affecting that price. 
(B) The Secretary may suspend a tariff of a foreign air carrier 
and the use of a price, classification, rule, or practice when the 
suspension is in the public interest. 
(2) A suspension becomes effective when the Secretary files 
with the tariff and delivers to the air carrier or foreign air carrier 
affected by the suspension a written statement of the reasons 
for the suspension. To suspend a tariff, reasonable notice of the 
suspension must be given to the affected carrier. 
(3) The suspension of a newly filed tariff may be for periods 
totaling not more than 365 days after the date the tariff otherwise 
would go into effect. The suspension of an existing tariff may 
be for periods totaling not more than 365 days after the effective 
date of the suspension. The Secretary may rescind at any time 
the suspension of a newly filed tariff and allow the price, classifica-
tion, rule, or practice to go into effect. 
(c) EFFECTIVE TARIFFS AND PRICES WHEN TARIFF IS SUSPENDED, 
CANCELED, OR REJECTED.—(1) If a tariff is suspended pending the 
outcome of a proceeding under subsection (a) of this section and 
the Secretary does not take final action in the proceeding during 
the suspension period, the tariff goes into effect at the end of 
that period subject to cancellation when the proceeding is concluded. 
(2)(A) During the period of suspension, or after the cancellation 
or rejection, of a newly filed tariff (including a tariff that has 
gone into effect provisionally), the affected air carrier or foreign 
air carrier shall maintain in effect and use— 
(i) the corresponding seasonal prices, or the classifications, 
rules, and practices affecting those prices or the value of 
transportation provided under those prices, that were in effect 
for the carrier immediately before the new tariff was filed; 
or 
(ii) another price provided for under an applicable intergov-
ernmental agreement or understanding. 
(B) If the suspended, canceled, or rejected tariff is the first 
tariff of the carrier for the covered transportation, the carrier, 
for the purpose of operations during the period of suspension or 
pending effectiveness of a new tariff, may file another tariff contain-
ing a price or another classification, rule, or practice affecting 
the price, or the value of the transportation provided under the 
price, that is in effect (and not subject to a suspension order) 
for any air carrier providing the same transportation. 
(3) If an existing tariff is suspended or canceled, the affected 
air carrier or foreign air carrier, for the purpose of operations 
during the period of suspension or pending effectiveness of a new 
tariff, may file another tariff containing a price or another classifica-
! 
tion, rule, or practice affecting the price, or the value of the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1137 
transportation provided under the price, that is in effect (and not 
subject to a suspension order) for any air carrier providing the 
same transportation. 
(d) RESPONSE TO REFUSAL OF FOREIGN COUNTRY TO ALLOW 
AIR CARRIER TO CHARGE A PRICE.—When the Secretary finds that 
the government or an aeronautical authority of a foreign country 
has refused to allow an air carrier to charge a price contained 
in a tariff filed and published under section 41504 of this title 
for foreign air transportation to the foreign country— 
(1) the Secretary, without a hearing— 
(A) may suspend any existing tariff of a foreign air 
carrier providing transportation between the United States 
and the foreign country for periods totaling not more than 
365 days after the date of the suspension; and 
(B) may order the foreign air carrier to charge, during 
the suspension periods, prices that are the same as those 
contained in a tariff (designated by the Secretary) of an 
air carrier filed and published under section 41504 of this 
title for foreign air transportation to the foreign country; 
and 
(2) a foreign air carrier may continue to provide foreign 
air transportation to the foreign country only if the government 
or aeronautical authority of the foreign country allows an air 
carrier to start or continue foreign air transportation to the 
foreign country at the prices designated by the Secretary. 
(e) STANDARD FOREIGN FARE LEVEL.—(1)(A) In this subsection, 
"standard foreign fare level" means— 
(i) for a class of fares existing on October 1, 1979, the 
fare between 2 places (as adjusted under subparagraph (B) 
of this paragraph) filed for and allowed by the Civil Aeronautics 
Board to go into effect after September 30, 1979, and before 
August 13, 1980 (with seasonal fares adjusted by the percentage 
difference that prevailed between seasons in 1978), or the fare 
established under section 1002(j)(8) of the Federal Aviation 
Act of 1958 (Public Law 85-726, 72 Stat. 731), as added by 
section 24(a) of the International Air Transportation Competi-
tion Act of 1979 (PubUc Law 96-192, 94 Stat. 46); or 
(ii) for a class of fares established after October 1, 1979, 
the fare between 2 places in effect on the effective date of 
the establishment of the new class. 
(B) At least once every 60 days for fuel costs, and at least 
once every 180 days for other costs, the Secretary shall adjust 
the standard foreign fare level for the particular foreign air 
transportation to which the standard foreign fare level applies 
by increasing or decreasing that level by the percentage change 
from the last previous period in the actual operating cost for each 
available seat-mile. In adjusting a standard foreign fare level, the 
Secretary may not make an adjustment to costs actually incurred. 
In establishing a standard foreign fare level and making adjust-
ments in the level under this paragraph, the Secretary may use 
all relevant or appropriate information reasonably available to the 
Secretary. 
(2) The Secretary may not decide that a proposed fare for 
foreign air transportation is unreasonable on the basis that the 
fare is too low or too high if the proposed fare is neither more 
than 5 percent higher nor 50 percent lower than the standard 
foreign fare level for the same or essentially similar class of 
108 STAT. 1138 
PUBLIC LAW 103-272—JULY 5, 1994 
transportation. The Secretary by regulation may increase the 50 
percent specified in this paragraph. 
(3) Paragraph (2) of this subsection does not apply to a proposed 
fare that is not more than— 
(A) 5 percent higher than the standard foreign fare level 
when the Secretary decides that the proposed fare may be 
unreasonably discriminatory or that suspension of the fare 
is in the public interest because of an unreasonable regulatory 
action by the government of a foreign country that is related 
to a fare proposal of an air carrier; or 
(B) 50 percent lower than the standard foreign fare level 
when the Secretary decides that the proposed fare may be 
predatory or discriminatory or that suspension of the fare is 
required because of an unreasonable regulatory action by the 
government of a foreign country that is related to a fare pro-
posal of an air carrier. 
(f) SUBMISSION OF ORDERS TO PRESIDENT.—The Secretary shall 
submit to the President an order made under this section suspend-
ing, canceling, or rejecting a price for foreign air transportation, 
and an order rescinding the effectiveness of such an order, before 
publishing the order. Not later than 10 days after its submission, 
the President may disapprove the order on finding disapproval 
is necessary for United States foreign policy or national defense 
reasons. 
(g) COMPLIANCE AS CONDITION OF CERTIFICATE OR PERMIT.— 
This section and compliance with an order of the Secretary under 
this section are conditions to any certificate or permit held by 
an air carrier or foreign air carrier. An air carrier or foreign air 
carrier may provide foreign air transportation only as long as the 
carrier maintains prices for that transportation that comply with 
this section and orders of the Secretary under this section. 
§41510. Required adherence to foreign air transportation 
tariffs 
(a) PROHIBITED ACTIONS BY AIR CARRIERS, FOREIGN AIR CAR-
RIERS, AND TICKET AGENTS.—An air carrier, foreign air carrier, 
or ticket agent may not— 
(1) charge or receive compensation for foreign air transpor-
tation that is different from the price specified in the tariff 
of the carrier that is in effect for that transportation; 
(2) refund or remit any part of the price specified in the 
tariff; or 
(3) extend to any person a privilege or facility, related 
to a matter required by the Secretary of Transportation to 
be specified in a tariff for foreign air transportation, except 
as specified in the tariff. 
(b) PROHIBITED ACTIONS BY ANY PERSON.—A person may not 
knowingly— 
(1) pay compensation for foreign air transportation of prop-
erty that is different from the price specified in the tariff 
in effect for that transportation; or 
(2) solicit, accept, or receive— 
(A) a refund or remittance of any part of the price 
specified in the tariff; or 
(B) a privilege or facility, related to a matter required 
by the Secretary to be specified in a tariff for foreign 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1139 
air transportation of property, except as specified in the 
tariff. 
§ 41511. Special prices for foreign air transportation 
(a) FREE AND REDUCED PRICING.—This chapter does not pro-
hibit an air carrier or foreign air carrier, under terms the Secretary 
of Transportation prescribes, from issuing or interchanging tickets 
or passes for free or reduced-price foreign air transportation to 
or for the following: 
(1) a director, officer, or employee of the carrier (including 
a retired director, officer, or employee who is receiving retire-
ment benefits from an air carrier or foreign air carrier). 
(2) a parent or the immediate family of such an officer 
or employee or the immediate family of such a director. 
(3) a widow, widower, or minor child of an employee of 
the carrier who died as a direct result of a personal injury 
sustained when performing a duty in the service of the carrier. 
(4) a witness or attorney attending a legal investigation 
in which the air carrier is interested. 
(5) an individual injured in an aircraft accident and a 
physician or nurse attending the individual. 
(6) a parent or the immediate family of an individual 
injured or killed in an aircraft accident when the transportation 
is related to the accident. 
(7) an individual or property to provide relief in a general 
epidemic, pestilence, or other emergency. 
(8) other individuals under other circumstances the Sec-
retary prescribes by regulation. 
(b) SPACE-AVAILABLE BASIS.—Under terms the Secretary pre-
scribes, an air carrier or foreign air carrier may grant reduced-
price foreign air transportation on a space-available basis to the 
following: 
(1) a minister of religion. 
(2) an individual who is at least 60 years of age and 
no longer gainfully employed. 
(3) an individual who is at least 65 years of age. 
(4) an individual who has severely impaired vision or hear-
ing or another physical or mental handicap and an accompany-
ing attendant needed by that individual. 
CHAPTER 417—OPERATIONS OF CARRIERS 
SUBCHAPTER I—REQUIREMENTS 
Sec. 
41701. Classification of air carriers. 
41702. Interstate air transportation. 
41703. Navigation of forei^i civil aircraft. 
41704. Transporting property not to be transported in aircraft cabins. 
41705. Discrimination against handicapped individuals. 
41706. Prohibitions against smoking on scheduled flights. 
41707. Incorporating contract terms into written instrument. 
41708. Reports. 
41709. Records of air carriers. 
41710. Time requirements. 
41711. Air carrier management inquiry and cooperation with other authorities, 
41712. Unfair and deceptive practices and unfair methods of competition. 
41713. Preemption of authonty over prices, routes, and service. 
SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE 
41731. Definitions. 
41732. Basic essential air service. 
41733. Level of basic essential air service. 
108 STAT. 1140 
PUBLIC LAW 103-272—JULY 5, 1994 
41734. Ending, suspending, and reducing basic essential £ur service. 
41735. Enhanced essential air service. 
41736. Air transportation to noneligible places. 
41737. Compensation guidelines, limitations, and claims. 
41738. Fitness of air carriers. 
41739. Air carrier obligations. 
41740. Joint proposals. 
-^ 
41741. Insurance. 
41742. Ending effective date. 
SUBCHAPTER I—REQUIREMENTS 
§41701. Classification of air carriers 
The Secretary of Transportation may establish— 
(1) reasonable classifications for air carriers when required 
because of the nature of the transportation provided by them; 
and 
(2) reasonable requirements for each class when the Sec-
retary decides those requirements are necessary in the public 
interest. 
§ 41702. Interstate air transportation 
An air carrier shall provide safe and adequate interstate air 
transportation. 
§ 41703. Navigation of foreign civil aircraft 
(a) PERMITTED NAVIGATION.—^A foreign aircraft, not part of 
the armed forces of a foreign country, may be navigated in the 
United States only— 
(1) if the country of registry grants a similar privilege 
to aircraft of the United States; 
(2) by an airman holding a certificate or license issued 
or made valid by the United States Government or the country 
of registry; 
(3) if the Secretary of Transportation authorizes the naviga-
tion; and 
(4) if the navigation is consistent with terms the Secretary 
may prescribe. 
(b) REQUIREMENTS FOR AUTHORIZING NAVIGATION.—The Sec-
retary may authorize navigation under this section only if the 
Secretary decides the authorization is— 
(1) in the public interest; and 
(2) consistent with any agreement between the (Jovemment 
and the government of a foreign country. 
(c) PROVIDING AIR COMMERCE.—^The Secretary may authorize 
an aircraft permitted to navigate in the United States under this 
section to provide air commerce in the United States. However, 
the aircraft may take on for compensation, at a place in the United 
States, passengers or cargo destined for another place in the United 
States only if— 
(1) specifically authorized under section 40109(g) of this 
title; or 
(2) under regulations the Secretary prescribes authorizing 
air carriers to provide otherwise authorized air transportation 
with foreign registered aircraft under lease or charter to them 
without crew, 
(d) PERMIT REQUIREMENTS NOT AFFECTED.—^This section does 
not affect section 41301 or 41302 of this title. However, a foreign 
air carrier holding a permit under section 41302 does not need 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1141 
to obtain additional authorization under this section for an oper-
ation authorized by the permit. 
§ 41704. Transporting property not to be transported in air-
craft cabins 
Under regulations or orders of the Secretary of Transportation^ 
an air carrier shall transport as baggage the property of a passenger 
traveling in air transportation that may not be carried in an aircraft 
cabin because of a law or regulation of the United States. The 
carrier is liable to pay an amount not more than the amount 
declared to the carrier by that passenger for actual loss of, or 
damage to, the property caused by the carrier. The carrier may 
impose reasonable charges and conditions for its liability. 
§ 41705. Discrimination against handicapped individuals 
In providing air transportation, an air carrier may not discrimi-
nate against an otherwise qualified individual on the following 
grounds: 
(1) the individual has a physical or mental impairment 
that substantially limits one or more major life activities. 
(2) the individual has a record of such an impairment. 
(3) the individual is regarded as having such an impair-
ment. 
§41706. Prohibitions against smoking on scheduled flights 
(a) GENERAL.—^An individual may not smoke in the passenger 
cabin or lavatory of an aircraft on a scheduled airline flight segment 
in air transportation or intrastate air transportation that is— 
(1) between places in a State of the United States, the 
District of Columbia, Puerto Rico, or the Virgin Islands; 
(2) between a place in any jurisdiction referred to in clause 
(1) of this subsection (except Alaska and Hawaii) and a place 
in any other of those jurisdictions; or 
(3)(A) scheduled for not more than 6 hours' duration; and 
(B)(i) between a place referred to in clause (1) of this 
subsection (except .Maska and Hawaii) and Alaska or Hawaii; 
or 
(ii) between Alaska and Hawaii. 
(b) REGULATIONS.—The Secretary of Transportation shall pre-
scribe regulations necessary to carry out this section. 
§41707. Incorporating 
contract 
terms 
into 
written 
instrument 
To the extent the Secretary of Transportation prescribes by 
regulation, an air carrier may incorporate by reference in a ticket 
or written instrument any term of the contract for providing inter-
state air transportation. 
§41708. Reports 
(a) APPLICATION.—^To the extent the Secretary of Transportation 
finds necessary to carry out this subpart, this section and section 
41709 of this title apply to a person controlling an air carrier 
or affiliated (within the meaning of section 11343(c) of this title) 
with a carrier. 
(b) REQUIREMENTS.—^The Secretary may require an air carrier 
or foreign air carrier— 
108 STAT. 1142 
PUBLIC LAW 103-272—JULY 5, 1994 
(1)(A) to file annual, monthly, periodical, and special 
reports with the Secretary in the form and way prescribed 
by the Secretary; and 
(B) to file the reports under oath; 
(2) to provide specific answers to questions on which the 
Secretary considers information to be necessary; and 
(3) to file with the Secretary a copy of each agreement, 
arrangement, contract, or understanding between the carrier 
and another carrier or person related to transportation affected 
by this subpart. 
§41709. Records of air carriers 
(a) REQUIREMENTS.—^The Secretary of Transportation shall pre-
scribe the form of records to be kept by an air carrier, incluaing 
records on the movement of traffic, receipts and expenditures of 
money, and the time period during which the records shall be 
kept. A carrier may keep only records prescribed or approved by 
the Secretary. However, a carrier may keep additional records if 
the additional records do not impair the integrity of the records 
prescribed or approved by the Secretary and are not an unreason-
able financial burden on the carrier. 
(b) INSPECTION.—(1) The Secretary at any time may— 
(A) inspect the land, buildings, and equipment of an air 
carrier or foreign air carrier when necessary to decide under 
subchapter II of this chapter or section 41102, 41103, or 41302 
of this title whether a carrier is fit, willing, and able; and 
(B) inspect records kept or required to be kept by an 
air carrier, foreign air carrier, or ticket agent. 
(2) The Secretary may employ special agents or auditors to 
carry out this subsection. 
§ 41710. Time requirements 
When a matter requiring action of the Secretary of Transpor-
tation is submitted under section 40109(a) or (c)-(h), 41309, or 
42111 of this title and an evidentiary hearing— 
(1) is ordered, the Secretary shall make a final decision 
on the matter not later than the last day of the 12th month 
that begins after the date the matter is submitted; or 
(2) is not ordered, the Secretary shall make a final decision 
on the matter not later than the last day of the 6th month 
that begins after the date the matter is submitted. 
§41711. Air carrier management inquiry and cooperation 
with other authorities 
In carrying out this subpart, the Secretary of Transportation 
may— 
(1) inquire into the management of the business of an 
air carrier and obtain from the air carrier, and a person control-
ling, controlled by, or under common control with the carrier, 
information the Secretary decides reasonably is necessary to 
carry out the inquiry; 
(2) confer and hold a joint hearing with a State authority; 
and 
(3) exchange information related to aeronautics with a 
government of a foreign country through appropriate depart-
ments, agencies, and instrumentalities of the United States 
Government. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1143 
§41712. Unfair and deceptive practices and unfair methods 
of competition 
On the initiative of the Secretary of Transportation or the 
complaint of an air carrier, foreign air carrier, or ticket agent, 
and if the Secretary considers it is in the pubUc interest, the 
Secretary may investigate and decide whether an air carrier, foreign 
air carrier, or ticket agent has been or is engaged in an unfair 
or deceptive practice or an unfair method of competition in air 
transportation or the sale of air transportation. If the Secretary, 
after notice and an opportunity for a hearing, finds that an air 
carrier, foreign air carrier, or ticket agent is engaged in an unfair 
or deceptive practice or unfair method of competition, the Secretary 
shall order the air carrier, foreign air carrier, or ticket agent to 
stop the practice or method. 
§41713. Preemption of authority over prices, routes, and 
service 
(a) DEFINITION.—In this section, "State" means a State, the 
District of Columbia, and a territory or possession of the United 
States. 
(b) PREEMPTION.—(1) Except as provided in this subsection, 
a State, political subdivision of a State, or political authority of 
at least 2 States may not enact or enforce a law, regulation, or 
other provision having the force and effect of law related to a 
price, route, or service of an air carrier that may provide air 
transportation under this subpart. 
(2) Paragraph (1) of this subsection does not apply to air 
transportation provided entirely in Alaska unless the transportation 
is air transportation (except charter air transportation) provided 
c 
under a certificate issued under section 41102 of this title. 
(3) This subsection does not limit a State, political subdivision 
of a State, or political authority of at least 2 States that owns 
or operates an airport served by an air carrier holding a certificate 
issued by the Secretary of Transportation from carrying out its 
proprietary powers and rights. 
SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE 
§41731. Definitions 
(a) GENERAL.—In this subchapter— 
(1) "eligible place" means a place in the United States 
that— 
(A) was an eligible point under section 419 of the 
Federal Aviation Act of 1958 before October 1, 1988; 
(B) received scheduled air transportation at any time 
after January 1, 1990; and 
(C) is not listed in Department of Transportation 
Orders 89-9-37 and 89-12-52 as a place ineligible for 
compensation under this subchapter. 
(2) "enhanced essential air service" means scheduled air 
transportation to an eligible place of a higher level or quality 
than basic essential air service described in section 41732 of 
this title. 
(3) "hub airport" means an airport that each year has 
at least .25 percent of the total annual boardings in the United 
States. 
108 STAT. 1144 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) "nonhub airport" means an airport that each year has 
less than .05 percent of the total annual boardings in the 
United States. 
(5) "small hub airport" means an airport that each year 
has at least .05 percent, but less than .25 percent, of the 
total annual boardings in the United States. 
(b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN 
ELIGIBLE PLACE.—^The Secretary of Transportation may not decide 
that a place described in subsection (a)(1) of this section is not 
an eligible place on the basis of a passenger subsidy at that place 
or on another basis that is not specifically stated in this subchapter. 
§ 41732. Basic essential air service 
(a) GENERAL.—Basic essential air service provided under sec-
tion 41733 of this title is scheduled air transportation of passengers 
and cargo— 
(1) to a hub airport that has convenient connecting or 
single-plane air service to a substantial number of destinations 
beyond that airport; or 
(2) to a small hub or nonhub airport, when in Alaska 
or when the nearest hub airport is more than 400 miles from 
an eligible place. 
(b) MINIMUM REQUIREMENTS.—Basic essential air service shall 
include at least the following: 
(1)(A) for a place not in Alaska, 2 daily round trips 6 
days a week, with not more than one intermediate stop on 
each flight; or 
(B) for a place in Alaska, a level of service at least equal 
to that provided in 1976 or 2 round trips a week, whichever 
is greater, except that the Secretary of Transportation and 
the appropriate State authority of Alaska may agree to a dif-
ferent level of service after consulting with the affected commu-
nity. 
(2) flights at reasonable times considering the needs of 
passengers with connecting flights at the airport and at prices 
that are not excessive compared to the generally prevailing 
prices of other air carriers for like service between similar 
places. 
(3) for a place not in Alaska, service provided in an aircraft 
with an effective capacity of at least 15 passengers if the 
average daily boardings at the place in any calendar year 
from 1976-1986 were more than 11 passengers unless— 
(A) that level-of-service requirement would require pay-
ing compensation in a fiscal year under section 41733(d) 
or 41734(d) or (e) of this title for the place when compensa-
tion otherwise would not have been paid for that place 
in that year; or 
(B) the affected community agrees with the Secretary 
in writing to the use of smaller aircraft to provide service 
to the place. 
(4) service accommodating the estimated passenger and 
property traffic at an average load factor, for each class of 
traffic considering seasonal demands for the service, of not 
more than— 
(A) 50 percent; or 
(B) 60 percent when service is provided by aircraft 
with more than 14 passenger seats. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1145 
(5) service provided in aircraft with at least 2 engines 
and using 2 pilots, unless scheduled air transportation has 
not been provided to the place in aircraft with at least 2 
engines and using 2 pilots for at least 60 consecutive operating 
days at any time since October 31, 1978. 
(6) service provided by pressurized aircraft when the service 
is provided by aircraft that regularly fly above 8,000 feet in 
altitude. 
§ 41733. Level of basic essential air service 
(a) DECISIONS MADE BEFORE OCTOBER 1, 1988.—^For each _ 
eligible place for which a decision was made before October 1, 
1988, under section 419 of the Federal Aviation Act of 1958, 
establishing the level of essential air transportation, the level of 
basic essential air service for that place shall be the level estab-
lished by the Secretary of Transportation for that place by not 
later than December 29, 1988. 
(b) DECISIONS NOT MADE BEFORE OCTOBER 1, 1988.—(1) The 
Secretary shall decide on the level of basic essential air service 
for each eligible place for which a decision was not made before 
October 1, 1988, establishing the level of essential air transpor- 
' 
tation, when the Secretary receives notice that service to that 
place will be provided by only one air carrier. The Secretary shall 
make the decision by the last day of the 6-month period beginning 
on the date the Secretary receives the notice. The Secretary may 
impose notice requirements necessary to carry out this subsection. 
Before making a decision, the Secretary shall consider the views 
of any interested community and the appropriate State authority 
of the State in which the community is located. 
(2) Until the Secretary has made a decision on a level of 
basic essential air service for an eligible place under this subsection, 
the Secretary, on petition by an appropriate representative of the 
place, shall prohibit an air carrier from ending, suspending, or 
reducing air transportation to that place that appears to deprive 
the place of basic essential air service. 
(c) AVAILABILITY OF COMPENSATION.—(1) 
If the 
Secretary 
decides that basic essential air service will not be provided to 
an eligible place without compensation, the Secretary shall provide 
notice that an air carrier may apply to provide basic essential 
air service to the place for compensation under this section. In 
selecting an applicant, the Secretary shall consider, among other 
factors— 
(A) the demonstrated reliability of the applicant in provid-
ing scheduled air service; 
(B) the contractual and marketing arrangements the 
applicant has made with a larger carrier to ensure service 
beyond the hub airport; 
(C) the interline arrangements that the applicant has made 
with a larger carrier to allow passengers and cargo of the 
applicant at the hub airport to be transported by the larger 
carrier through one reservation, ticket, and baggage check-
in; 
(D) the preferences of the actual and potential users of 
air transportation at the eligible place, giving substantial 
weight to the views of the elected officials representing the 
users; and 
108 STAT. 1146 
PUBLIC LAW 103-272—JULY 5, 1994 
(E) for an eligible place in Alaska, the experience of the 
applicant in providing, in Alaska, scheduled air service, or 
significant patterns of non-scheduled air service under an 
exemption granted under section 40109(a) and (cMh) of this 
title. 
(2) Under guidelines prescribed under section 41737(a) of this 
title, the Secretary shall pay the rate of compensation for providing 
basic essential air service under this section and section 41734 
of this title. 
(d) COMPENSATION PAYMENTS.—The Secretary shall pay com-
pensation under this section at times and in the way the Secretary 
decides is appropriate. The Secretary shall end payment of com-
pensation to an air carrier for providing basic essential air service 
to an eligible place when the Secretary decides the compensation 
is no longer necessary to maintain basic essential air service to 
the place. 
(e) REVIEW.—^The Secretary shall review periodically the level 
of basic essential air service for each eligible place. Based on the 
review and consultations with an interested community and the 
appropriate State authority of the State in which the community 
is located, the Secretary may make appropriate adjustments in 
the level of service. 
§41734. Ending, suspending, and reducing basic essential 
air service 
(a) NOTICE REQUIRED.—^An air carrier may end, suspend, or 
reduce air transportation to an eligible place below the level of 
basic essential air service established for that place under section 
41733 of this title only after giving the Secretary of Transportation, 
the appropriate State authority, and the affected communities at 
least 90 days' notice before ending, suspending, or reducing that 
transportation. 
(b) CONTINUATION OF SERVICE FOR 30 DAYS AFTER NOTICE 
PERIOD.—If at the end of the notice period under subsection (a) 
of this section the Secretary has not found another air carrier 
to provide basic essential air service to the eligible place, the 
Secretary shall require the carrier providing notice to continue 
to provide basic essential air service to the place for an additional 
30-day period or until another carrier begins to provide basic essen-
tial air service to the place, whichever occurs first. 
(c) CONTINUATION OF SERVICE FOR ADDITIONAL 30-DAY PERI-
ODS.—If at the end of the 30-day period under subsection (b) of 
this section the Secretary decides another air carrier will not provide 
basic essential air service to the place on a continuing basis, the 
Secretary shall require the carrier providing service to continue 
to provide service for additional 30-day periods until another carrier 
begins providing service on a continuing basis. At the end of each 
30-day period, the Secretary shall decide if another carrier will 
provide service on a continuing basis. 
(d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.— 
If an air carrier receiving compensation under section 41733 of 
this title for providing basic essential air service to an eligible 
place is required to continue to provide service to the place under 
this section after the 90-day notice period under subsection (a) 
of this section, the Secretary shall continue to pay that compensa-
tion after the last day of that period. The Secretary shall pay 
the compensation until the Secretary finds another carrier to pro-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1147 
vide the service to the place or the 90th day after the end of 
that notice period, whichever is earlier. If, after the 90th day 
after the end of the 90-day notice period, the Secretary has not 
found another carrier to provide the service, the carrier required 
to continue to provide that service shall receive compensation 
sufficient— 
(1) to pay for the fully allocated actual cost to the carrier 
of performing the basic essential air service that was being 
provided when the 90-day notice was given under subsection 
(a) of this section plus a reasonable return on investment 
that is at least 5 percent of operating costs; and 
(2) to provide the carrier an additional return that recog-
nizes the demonstrated additional lost profits from opportuni-
ties foregone and the likelihood that those lost profits increase 
as the period during which the carrier is required to provide 
the service continues. 
(e) COMPENSATION TO AIR CARRIERS ORIGINALLY PROVIDING 
SERVICE WITHOUT COMPENSATION.—If the Secretary requires an 
air carrier providing basic essential air service to an eligible place 
without compensation under section 41733 of this title to continue 
providing that service after the 90-day notice period required by 
subsection (a) of this section, the Secretary shall provide the carrier 
with compensation after the end of the 90-day notice period that 
is sufficient— 
(1) to pay for the fully allocated actual cost to the carrier 
of performing the basic essential air service that was being 
provided when the 90-day notice was given under subsection 
(a) of this section plus a reasonable return on investment 
that is at least 5 percent of operating costs; and 
(2) to provide the carrier an additional return that recog-
nizes the demonstrated additional lost profits from opportuni-
ties foregone and the likelihood that those lost profits increase 
as the period during which the carrier is required to provide 
the service continues. 
(f) FINDING REPLACEMENT CARRIERS.—When the Secretary 
requires an air carrier to continue to provide basic essential air 
service to an eligible place, the Secretary shall continue to make 
every effort to find another carrier to provide at least that basic 
essential air service to the place on a continuing basis. 
(g) TRANSFER OF AUTHORITY.—If an air carrier, providing basic 
essential air service under section 41733 of this title between an 
eligible place and an airport at which the Administrator of the 
Federal Aviation Administration limits the number of instrument 
flight rule takeoffs and landings of aircraft, provides notice under 
subsection (a) of this section of an intention to end, suspend, or 
reduce that service and another carrier is found to provide the 
service, the Secretary shall require the carrier providing notice 
to transfer any operational authority the carrier has to land or 
take off at that airport related to the service to the eligible place 
to the carrier that will provide the service, i
f
— 
(1) the carrier that will provide the service needs the 
authority; and 
(2) the authority to be transferred is being used only to 
provide air service to the eligible place. 
108 STAT. 1148 
PUBLIC LAW 103-272—JULY 5, 1994 
§41735. Enhanced essential air service 
(a) PROPOSALS.—(1) A State or local government may submit 
a proposEil to the Secretary of Transportation for enhanced essential 
air service to an eligible place for which basic essential air service 
is being provided under section 41733 of this title. The proposal 
shall— 
(A) specify the level and type of enhanced essential air 
service the State or local government considers appropriate; 
and 
(B) include an agreement related to compensation required 
for the proposed service. 
(2) The agreement submitted under paragraph (1)(B) of this 
subsection shall provide that— 
(A) the State or local government or a person pay 50 
percent of the compensation required for the proposed service 
and the United States Grovemment pay the remaining 50 per-
cent; or 
(B)(i) the Government pay 100 percent of the compensation; 
and 
(ii) if the proposed service is not successful for at least 
a 2-year period under the criteria prescribed by the Secretary 
under paragraph (3) of this subsection, the eligible place is 
not eligible for air service or air transportation for which com-
pensation is paid by the Secretary under this subchapter. 
Regulations. 
(3) The Secretary shall prescribe by regulation objective criteria 
for deciding whether enhanced essential air service to an eligible 
place under this section is successful in terms of— 
(A) increasing passenger usage of the airport facilities at 
the place; and 
(B) reducing the amount of compensation provided by the 
Secretary under this subchapter for that service. 
(b) DECISIONS.—^Not later than 90 days after receiving a pro-
posal under subsection (a) of this section, the Secretary sh^l— 
(1) approve the proposal if the Secretary decides the pro-
posal is reasonable; or 
(2) if the Secretary decides the proposal is not reasonable, 
disapprove the proposal and notify the State or local govern-
ment of the disapproval and the reasons for the disapproval. 
(c) COMPENSATION PAYMENTS.—(1) The Secretary shall pay com-
pensation under this section when and in the way the Secretary 
decides is appropriate. Compensation for enhanced essential air 
service under this section may be paid only for the costs incurred 
in providing air service to an eligible place that are in addition 
to the costs incurred in providing basic essential air service to 
the place under section 41733 of this title. The Secretary shall 
continue to pay compensation under this section only as long as— 
(A) the air carrier maintains the level of enhanced essential 
air service; 
(B) the State or local government or person agreeing to~ 
pay compensation under this section continues to pay the com-
pensation; and 
(C) the Secretary decides the compensation is necessary 
to maintain the service to the place. 
(2) The Secretary may require the State or local government 
or person agreeing to pay compensation under this section to make 
_^, 
advance payments or provide other security to ensure that timely 
^ 
pa3anents are made. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1149 
(d) REVIEW.—(1) The Secretary shall review periodically the 
enhanced essential air service provided to each eligible place under 
this section. 
(2) For service for which the Government pays 50 percent 
of the compensation, based on the review and consultation with 
the affected community and the State or local government or person 
paying the remaining 50 percent of the compensation, the Secretary 
shall make appropriate adjustments in the type and level of service 
to the place. 
(3) For service for which the Government pays 100 percent 
of the compensation, based on the review and consultation with 
the State or local government submitting the proposal, the Secretary 
shall decide whether the service has succeeded for at least a 2-
year period under the criteria prescribed under subsection (a)(3) 
of this section. If unsuccessful, the place is not eligible for air 
service or air transportation for which compensation is paid by 
the Secretary under this subchapter. 
(e) 
ENDING, 
SUSPENDING, 
AND REDUCING AIR TRANSPOR-
TATION,—^An air carrier may end, suspend, or reduce air transpor-
tation to an eligible place below the level of enhanced essential 
air service established for that place by the Secretary under this 
section only after giving the Secretary, the affected community, 
and the State or local government or person pajdng compensation 
for that service at least 30 days' notice before ending, suspending, 
or reducing the service. This subsection does not relieve the carrier 
of an obligation under section 41734 of this title. 
§ 41736. Air transportation to noneligible places 
(a) PROPOSALS AND DECISIONS.—(1) A State or local government 
may propose to the Secretary of Transportation that the Secretary 
provide compensation to an air carrier to provide air transportation 
to a place that is not an eligible place under this subchapter. 
Not later than 90 days sifter receiving a proposal under this section, 
the Secretary shall— 
(A) decide whether to designate the place as eligible to 
receive compensation under this section; and 
(B)(i) approve the proposal if the State or local government 
or a person is willing and able to pay 50 percent of the com-
pensation for providing the transportation, and notify the State 
or local government of the approval; or 
(ii) disapprove the proposal if the Secretary decides the 
proposal is not reasonable under paragraph (2) of this sub-
section, and notify the State or local government of the dis-
approval and the reasons for the disapproval. 
(2) In deciding whether a proposal is reasonable, the Secretary 
shall consider, among other factors— 
(A) the traffic-generating potential of the place; 
(B) the cost to the United States Grovemment of providing 
the proposed transportation; and 
(C) the distance of the place from the closest hub airport. 
(b) APPROVAL FOR CERTAIN AIR TRANSPORTATION.—Notwith-
standing subsection (a)(1)(B) of this section, the Secretary shall 
approve a proposal under this section to compensate an air carrier 
for providing air transportation to a place in the 48 contiguous 
States or the District of Columbia and designate the place as 
eligible for compensation under this section if— 
108 STAT. 1150 
PUBLIC LAW 103-272—JULY 5, 1994 
(1) at any time before October 23, 1978, the place was 
1'^ served by a carrier holding a certificate under section 401 
of the Federal Aviation Act of 1958; 
(2) the place is more than 50 miles from the nearest small 
hub airport or an eligible place; 
(3) the place is more than 150 miles from the nearest 
hub airport; and 
(4) the State or local government submitting the proposal 
or a person is willing and able to pay 25 percent of the cost 
of providing the compensated transportation. 
(c) LEVEL OF AIR TRANSPORTATION.—(1) If the Secretary des-
ignates a place under subsection (a)(1) of this section as eligible 
for compensation under this section, the Secretary shall decide, 
not later than 6 months after the date of the designation, on 
the level of air transportation to be provided under this section. 
Before making a decision, the Secretary shall consider the views 
of any interested community, the appropriate State authority of 
the State in which the place is located, and the State or local 
government or person agreeing to pay compensation for the 
transportation under subsection (b)(4) of this section. 
(2) After making the decision under paragraph (1) of this sub-
section, the Secretary shall provide notice that any air carrier 
that is willing to provide the level of air transportation established 
under paragraph (1) for a place may submit an application to 
provide the transportation. In selecting an applicant, the Secretary 
shall consider, among other factors— 
(A) the factors listed in section 41733(c)(1) of this title; 
and 
(B) the views of the State or local government or person 
agreeing to pay compensation for the transportation. 
(d) COMPENSATION PAYMENTS.—(1) The Secretary shall pay 
compensation under this section when and in the way the Secretary 
decides is appropriate. The Secretary shall continue to pay com-
pensation under this section only as long as— 
(A) the air carrier maintains the level of air transportation 
•'' 
established by the Secretary under subsection (c)(1) of this 
section; 
(B) the State or local government or person agreeing to 
pay compensation for transportation under this section contin-
ues to pay that compensation; and 
(C) the Secretary decides the compensation is necessary 
to maintain the transportation to the place. 
(2) The Secretary may require the State or local government 
or person agreeing to pay compensation under this section to make 
advance payments or provide other security to ensure that timely 
pa3anents are made. 
(e) REVIEW.—The Secretary shall review periodically the level 
of air transportation provided under this section. Based on the 
review and consultation with any interested community, the appro-
priate State authority of the State in which the community is 
located, and the State or local government or person paying com-
pensation under this section, the Secretary may make appropriate 
adjustments in the level of transportation. 
if) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS.—^After provid-
ing notice and an opportunity for interested persons to comment, 
the Secretary may withdraw the designation of a place under sub-
section (a)(1) of this section as eligible to receive compensation 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1151 
under this section if the place has received air transportation under 
this section for at least 2 years and the Secretary decides the 
withdrawal would be in the public interest. The Secretary by regula- Regulations. 
tion shall prescribe standards for deciding whether the withdrawal 
of a designation under this subsection is in the public interest. 
The standards shall include the factors listed in subsection (a)(2) 
of this section. 
(g) ENDING, 
SUSPENDING, AND REDUCING AIR TRANSPOR-
TATION.—^An air carrier providing air transportation for compensa-
tion under this section may end, suspend, or reduce that transpor-
tation below the level of transportation established by the Secretary 
under this section only after giving the Secretary, the affected 
community, and the State or local government or person paying 
compensation under this section at least 30 days' notice before 
ending, suspending, or reducing the transportation. 
§ 41737. Compensation guidelines, limitations, and claims 
(a) COMPENSATION GUIDELINES.—(1) The Secretary of Transpor-
tation shall prescribe guidelines governing the rate of compensation 
payable under this subchapter. The guidelines shall be used to 
determine the reasonable amount of compensation required to 
ensure the continuation of air service or air transportation under 
this subchapter. The guidelines shall— 
(A) provide for a reduction in compensation when an air 
carrier does not provide service or transportation agreed to 
be provided; 
(B) consider amounts needed by an air carrier to promote 
public use of the service or transportation for which compensa-
tion is being paid; and 
(C) include expense elements based on representative costs 
of air carriers providing scheduled air transportation of pas-
sengers, property, and mail on aircraft of the type the Secretary 
decides is appropriate for providing the service or transpor-
tation for which compensation is being provided. 
(2) Promotional amounts described in paragraph (1)(B) of this 
subsection shall be a special, segregated element of the compensa-
tion provided to a carrier under this subchapter. 
(b) REQUIRED FINDING.—^The Secretary may pay compensation 
to an air carrier for providing air service or air transportation 
under this subchapter only if the Secretary finds the carrier is 
able to provide the service or transportation in a reliable way. 
(c) CLAIMS.—Not later than 15 days after receiving a written 
claim from an air carrier for compensation under this subchapter, 
the Secretary shall— 
(1) pay or deny the United States Government's share 
of a claim; and 
(2) if denying the claim, notify the carrier of the denial 
and the reasons for the denial. 
(d) AUTHORITY TO MAKE AGREEMENTS AND INCUR OBLIGA-
TIONS.—(1) The Secretary may make agreements and incur obliga-
tions from the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 
9502) to pay compensation under this subchapter. An agreement 
by the Secretary under this subsection is a contractual obligation 
of the Government to pay the Government's share of the com-
pensation. 
108 STAT. 1152 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) Not more than $38,600,000 is available to the Secretary 
out of the Fund for each of the fiscal years ending September 
30, 1993-1998, to incur obligations under this section. Amounts 
made available under this section remain available until expended. 
§ 41738. Fitness of air carriers 
Notwithstanding section 40109(a) and (cMh) of this title, an 
air carrier may provide air service to an eligible place or air 
transportation to a place designated under section 41736 of this 
title only when the Secretary of Transportation decides that— 
(1) the carrier is fit, willing, and able to perform the service 
or transportation; and 
(2) aircraft used to provide the service or transportation, 
and operations related to the service or transportation, conform 
to the safety standards prescribed by the Administrator of 
the Federal Aviation Administration. 
§ 41739. Air carrier obligations 
If at least 2 air carriers make an agreement to operate under 
or use a single carrier designator code to provide air transportation, 
the carrier whose code is being used shares responsibility with 
the other carriers for the quality of transportation provided the 
public under the code by the other carriers. 
§ 41740. Joint proposals 
The Secretary of Transportation shall encourage the submission 
of joint proposals by 2 or more air carriers for providing air service 
or air transportation under this subchapter through arrangements 
that maximize the service or transportation to and from major 
destinations beyond the hub. 
§41741. Insurance 
The Secretary of Transportation may pay an air carrier com-
pensation under this subchapter only when the carrier files with 
the Secretary an insurance policy or self-insurance plan approved 
by the Secretary. The policy or plan must be sufficient to pay 
for bodily injury to, or death of, an individual, or for loss of or 
damage to property of others, resulting from the operation of air-
craft, but not more than the amount of the policy or plan limits. 
§ 41742. Ending effective date 
This subchapter is not effective after September 30, 1998. 
CHAPTER 
419—TRANSPORTATION 
OF 
MAIL 
Sec. 
41901. General authority. 
41902. Schedules for certedn transportation of mail. 
41903. Duty to provide certain transportation of mail. 
41904. Noncitizens transporting mail to or in foreign countries. 
41905. Regulating air carrier transportation of foreign mail. 
41906. Emergency mail transportation. 
41907. Prices for foreign transportation of mail. 
41908. Prices for transporting mail of foreign countries. 
41909. Duty to oppose unreasonable prices under the Universal Postal Union Con-
vention. 
41910. Weighing mail. 
41911. Evidence of providing mail service. 
41912. Effect on foreign postal arrangements. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1153 
§41901. General authority 
(a) TITLE 39.—The United States Postal Service may provide 
for the transportation of mail by aircraft in interstate air transpor-
tation under section 5402(d) and (f) of title 39. 
(b) AUTHORITY TO PRESCRIBE PRICES.—Except as provided in Publication, 
section 5402 of title 39, on the initiative of the Secretary of 
Transportation or on petition by the Postal Service or an air carrier, 
the Secretary shall prescribe and publish— 
(1) after notice and an opportunity for a hearing on the 
record, reasonable prices to be paid by the Postal Service for 
the transportation of mail by aircraft in foreign air transpor-
tation or between places in Alaska, the facilities used in and 
useful for the transportation of mail, and the services related 
to the transportation of mail for each carrier holding a certifi-
cate that authorizes that transportation; 
(2) the methods used, whether by aircraft-mile, pound-
mile, weight, space, or a combination of those or other methods, 
to determine the prices for each air carrier or class of air 
carriers; and 
(3) the effective date of the prices. 
(c) OTHER TRANSPORTATION.—In prescribing prices under sub-
section (b) of this section, the Secretary may include transportation 
other than by aircraft that is incidental to transportation of mail 
by aircraft or necessary because of emergency conditions related 
to aircraft operations. 
(d) AUTHORITY TO PRESCRIBE DIFFERENT PRICES.—Considering 
conditions peculiar to transportation by aircraft and to particular 
air carriers or classes of air carriers, the Secretary may prescribe 
different prices under this section for different air carriers or classes 
of air carriers and for different classes of service. In prescribing 
a price for a carrier under this section, the Secretary shall consider, 
among other factors, the following: 
(1) the condition that the carrier may hold and operate 
under a certificate authorizing the transportation of mail only 
by providing necessary and adequate facilities and service for 
the transportation of mail. 
(2) standards related to the character and quality of service 
to be provided that are prescribed by or under law. 
(e) STATEMENTS ON PRICES.—^A petition for prescribing a reason-
able price under this section must include a statement of the 
price the petitioner believes is reasonable. 
(f) STATEMENTS ON REQUIRED SERVICES.—The Postal Service 
shall introduce as part of the record in every proceeding under 
this section a comprehensive statement of the services to be required 
of the air carrier and other information the Postal Service has 
that the Secretary considers material to the proceeding. 
(g) EXPIRATION DATE.—The authority of the Secretary under 
this part and section 5402 of title 39 providing for the transportation 
of mail by aircraft between places in Alaska expires on the date 
specified in section 5402(f) of title 39. 
§ 41902. Schedules for certain transportation of mail 
(a) REQUIREMENT.—Except as provided in section 41906 of this 
title and section 5402 of title 39, an air carrier may transport 
mail by aircraft in foreign air transportation or between places 
in Alaska only under a schedule designated or required to be 
108 STAT. 1154 
PUBLIC LAW 103-272—JULY 5, 1994 
established under subsection (c) of this section for the transportation 
of mail. 
(b) STATEMENTS ON PLACES AND SCHEDULES.—Every air carrier 
shall file with the Secretary of Transportation and the United 
States Postal Service a statement showing— 
(1) the places between which the carrier is authorized 
to provide foreign air transportation; 
(2) the places between which the carrier is authorized 
to transport mail in Alaska; 
(3) every schedule of aircraft regularly operated by the 
carrier between places described in clauses (1) and (2) of this 
subsection and every change in each schedule; and 
(4) for each schedule, the places served by the carrier 
and the time of arrival at, and departure from, each place. 
(c) DESIGNATING AND ADDITIONAL SCHEDULES.—^The Postal 
Service may— 
(1) designate any schedule of an air carrier filed under 
subsection (b)(3) of this section for the transportation of mail 
between the places between which the carrier is authorized 
by its certificate to transport mail; and 
(2) require the carrier to establish additional schedules 
for the transportation of mail between those places. 
(d) CHANGING SCHEDULES.—^A schedule designated or required 
to be established for the transportation of mail under subsection 
(c) of this section may be changed only after 10 days' notice of 
the change is filed as provided in subsection (b)(3) of this section. 
The Postal Service may disapprove a proposed change in a schedule 
or amend or modify the schedule or proposed change. 
(e) ORDERS.—^An order of the Postal Service under this section 
may become effective only after 10 days after the order is issued. 
A person adversely affected by the order may appeal the order 
to the Secretary before the end of the 10-day period under regula-
tions the Secretary prescribes. If the public convenience and neces-
sity require, the Secretary may amend, modify, suspend, or cancel 
the order. Pending a decision about the order, the Secretary may 
postpone the effective date of the order. 
(f) PROCEEDINGS PREFERENCES.—The Secretary shall give pref-
erence to a proceeding under this section over all other proceedings 
before the Secretary under this subpart. 
§ 41903. Duty to provide certain transportation of mail 
(a) AIR CARRIERS.—Subject to subsection (b) of this section, 
an air carrier authorized by its certificate to transport mail by 
aircraft in foreign air transportation or between places in Alaska 
shall— 
(1) provide facilities and services necessary and adequate 
to provide that transportation; and 
(2) transport mail between the places authorized in the 
certificate for transportation of mail when required, and under 
regulations prescribed, by the United States Postal Service. 
(b) MAXIMUM MAIL LOAD.—^The Secretary of Transportation 
may prescribe the maximum mail load for a schedule or for an 
aircraft or type of aircraft for the transportation of mail by aircraft 
in foreign air transportation or between places in Alaska. If the 
Postal Service tenders to an air carrier mail exceeding the maximum 
load for transportation by the carrier under a schedule designated 
or required to be established for the transportation of mail under 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1155 
section 41902(c) of this title, the carrier, as nearly in accordance 
with the schedule as the Secretary decides is possible, shall— 
(1) provide facilities sufficient to transport the mail to 
the extent the Secretary decides the carrier reasonably is able 
to do so; and 
(2) transport that mail. 
§ 41904. Noncitizens transporting mail to or in foreign coun-
tries 
When the United States Postal Service decides that it may 
be necessary to have a person not a citizen of the United States 
transport mail by aircraft to or in a foreign country, the Postal 
Service may make an arrangement with the person, without 
advertising, to provide the transportation. 
§ 41905. Regulating air carrier transportation of foreign mail 
An air carrier holding a certificate that authorizes foreign air 
transportation and transporting mail of a foreign country shall 
transport that mail under the control of, and subject to regulation 
by, the United States Government. 
§ 41906. Emergency mail transportation 
(a) CONTRACT AUTHORITY,—In an emergency caused by a flood, 
fire, or other disaster, the United States Postal Service may make 
a contract without advertising to transport mail by aircraft to 
or from a locality affected by the emergency when the available 
facilities of persons authorized to transport mail to or from the 
locality are inadequate to meet the requirements of the Postal 
Service during the emergency. The contract may be only for periods 
necessary to maintain mail service because of the inadequacy of 
the facilities. Payment for transportation provided under the con-
tract shall be made at prices provided in the contract. 
(b) 
TRANSPORTATION NOT AIR TRANSPORTATION.—^Transpor-
tation provided under a contract made under subsection (a) of 
this section is not air transportation within the meaning of this 
part. 
§ 41907. Prices for foreign transportation of mail 
(a) LIMITATIONS.—When air transportation is provided between 
the United States and a foreign country both by aircraft owned 
or operated by an air carrier holding a certificate under chapter 
411 of this title and by aircraft owned or operated by a foreign 
air carrier, the United States Postal Service may not pay to or 
for the account of the foreign air carrier a price for transporting 
mail by aircraft between the United States and the foreign country 
that the Postal Service believes will result (over a reasonable period 
determined by the Postal Service considering exchange fluctuations 
and other factors) in the foreign air carrier receiving a price for 
transporting the mail that is higher than the price— 
(1) the government of a foreign country or foreign postal 
administration pays to air carriers for transporting mail of 
the foreign country by aircraft between the foreign country 
and the United States; or 
(2) determined by the Postal Service to be comparable 
to the price the government of a foreign country or foreign 
postal administration pays to air carriers for transporting mail 
of the foreign country by aircraft between the foreign country 
108 STAT. 1156 
PUBLIC LAW 103-272—JULY 5, 1994 
and an intermediate country on the route of the air carrier 
between the foreign country and the United States. 
(b) CHANGES.—^The Secretary of Transportation shall act expedi-
tiously on proposed changes in prices for transporting mail by 
aircraft in foreign air transportation. When prescribing those prices, 
the Secretary shall consider— 
(1) the prices paid for transportation of mail under the 
Universal Postal Union Convention as ratified by the United 
States Government; 
(2) the price-making elements used by the Universal Postal 
Union in prescribing its airmail prices; and 
(3) the competitive disadvantage to United States flag air 
carriers resulting from foreign air carriers receiving Universal 
Postal Union prices for transporting United States mail and 
national origin mail of their own countries. 
§ 41908. Prices for transporting mail of foreign countries 
(a) PRICE DETERMINATIONS.—The United States Postal Service 
shall determine the prices that an air carrier holding a certificate 
that authorizes foreign air transportation must charge a govern-
ment of a foreign country or foreign postal administration for 
transporting mail of the foreign country. The Postal Service shall 
put those prices into effect under the postal convention regulating 
postal relations between the United States and the foreign country 
or as provided under this section. 
(b) CHANGES.—The Postal Service may authorize an air carrier 
holding a certificate that authorizes foreign air transportation, 
under limitations the Postal Service prescribes, to change the prices 
the carrier charges a government of a foreign country or foreign 
postal administration for transporting mail of the foreign country 
in the foreign country or between the foreign country and another 
foreign country. 
(c) COLLECTING COMPENSATION.—(1) When an air carrier hold-
ing a certificate that authorizes foreign air transportation transports 
mail of a foreign country— 
(A) under an arrangement with a government of a foreign 
country or foreign postal administration made or approved 
under this section, the carrier must collect its compensation 
for the transportation from the foreign country under the 
arrangement; and 
(B) without having an arrangement with a government 
of a foreign country or foreign postal administration consistent 
with this section, the compensation collected by the United 
States Government for the transportation shall be for the 
account of the air carrier. 
(2) An air carrier holding a certificate that authorizes foreign 
air transportation is not entitled to receive compensation from 
both a government of a foreign country or foreign postal administra-
tion and the United States Government for transporting the same 
mail of the foreign country. 
§41909. Duty to oppose unreasonable prices under the 
Universal Postal Union Convention 
The Secretary of State and the United States Postal Service 
shall— 
(1) take appropriate action to ensure that the prices paid 
for transporting mail under the Universal Postal Union Conven-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1157 
tion are not higher than reasonable prices for transporting 
mail; and 
(2) oppose any existing or proposed Universal Postal Union 
price that is higher than a reasonable price for transporting 
mail. 
§41910. Weighing mail 
The United States Postal Service may weigh mail transported 
by aircraft and make statistical and administrative computations 
necessary in the interest of mail service. When the Secretary of 
Transportation decides that additional or more frequent weighings 
of mail are advisable or necessary to carry out this part, the 
Postal Service shall provide the weighings, but it is not required 
to provide them for continuous periods of more than 30 days. 
§ 41911. Evidence of providing mail service 
When and in the form required by the United States Postal 
Service, an air carrier transporting or handling— 
(1) United States mail shall submit evidence, signed by 
an authorized official, that the transportation or handling has 
been provided; and 
(2) mail of a foreign country shall submit evidence, signed 
by an authorized official, of the amount of mail transported 
or handled and the compensation payable and received for 
that transportation or handling. 
§41912. Effect on foreign postal arrangements 
This part does not— 
(1) affect an arrangement made by the United States 
Grovemment with the postal administration of a foreign country 
related to the transportation of mail by aircraft; or 
(2) impair the authority of the United States Postal Service 
to make such an arrangement. 
CHAPTER 421—LABOR-MANAGEMENT PROVISIONS 
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM 
Sec. 
42101. 
Definitions. 
42ip2. Payments to eligible protected employees. 
42103. Duty to hire prOTected employees. 
42104. Congressional review of regulations. 
42105. Airline Employees Protective Account. 
42106. Ending effective date. 
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS 
OF AIR CARRIERS 
42111. Mutual aid agreements. 
42112. Labor requirements of air carriers. 
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM 
§42101. Dennitions 
(a) GENERAL.—In this subchapter— 
(1) "eligible protected employee" means a 
protected 
employee who is deprived of employment, or who is adversely 
affected related to compensation, because of a qualifying dis-
location. 
(2) "major contraction" means a reduction (except as pro-
vided in subsection (b) of this section) of at least 7.5 percent 
108 STAT. 1158 
PUBLIC LAW 103-272—JULY 5, 1994 
Regulations. 
in the number of full-time employees of an air carrier within 
a 12-month period, except for employees deprived of employ-
ment because of a strike or whose employment is ended for 
cause. 
(3) "protected employee" means an individual who on Octo-
ber 24, 1978, had been employed for at least 4 years by an 
air carrier that held a certificate under section 401 of the 
Federal Aviation Act of 1958, but does not include a director 
or officer of a corporation. 
(4) "qualifying dislocation" means a bankruptcy or major 
contraction of an air carrier holding a certificate under section 
41102 of this title when the Secretary of Transportation finds 
the bankruptcy or contraction occurred after December 31, 
1978, and before January 1, 1989, the major cause of which 
was the change in regulatory structure provided by the Airline 
Deregulation Act of 1978. 
(b) MAJOR CONTRACTION.—^The Secretary may find a reduction 
of less than 7.5 percent of the number of full-time employees is 
part of a major contraction if the Secretary decides smother reduc-
tion is likely to occur within the 12-month period in which the 
first reduction occurs that, when included with the first reduction, 
will result in a total reduction of more than 7.5 percent. 
§ 42102. Payments to eligible protected employees 
(a) AUTHORITY TO PAY AND APPLICATIONS FOR PAYMENTS.— 
Subject to amounts provided in an appropriation law, the Secretary 
of Labor shall make monthly assistance payments, moving expense 
payments, and reimbursement payments as provided under this 
section to an eligible protected employee whose employment is 
not ended for cause. The employee must apply to receive the pay-
ments and cooperate with the Secretary in finding other employ-
ment. 
(b) NUMBER AND AMOUNT OF PAYMENTS.—(1) Subject to 
amounts provided in an appropriation law, an eligible protected 
employee shall receive 72 monthly assistance payments. However, 
an eligible protected employee deprived of emplo3mient may not 
receive a payment after obtaining other employment. For each 
class or craft of protected employees, the Secretary of Labor, after 
consulting with the Secretary of Transportation, shall prescribe 
by regulation guidelines for computing the amount of each monthly 
assistance payment to be made to a member of the class or craft 
and what percentage of salary that payment represents. 
(2) The amount of a monthly payment payable under paragraph 
(1) of this subsection to an eligible protected employee shall be 
reduced— 
(A) by unemployment compensation the employee receives; 
or 
(B) if the employee does not accept reasonably comparable 
employment, to an amount the employee would be entitled 
to receive if the employee had accepted the employment. 
(3) If accepting comparable employment to avoid a reduction 
in the monthly assistance payment under paragraph (2) of this 
subsection would force an eligible protected employee to relocate, 
the employee may decide not to relocate. Instead of the payments 
provided under this section, the employee may receive the lesser 
of 3 payments or the maximum number of payments that remain 
to be paid under paragraph (1) of this subsection. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1159 
(c) MOVING EXPENSES AND REIMBURSEMENTS.—(1) Subject to 
amounts provided in an appropriation law, an eligible protected 
employee who relocates shall receive— 
(A) reasonable moving expense payments to move the 
employee and the employee's immediate family; and 
(B) reimbursement payments for a loss incurred in selling 
the employee's principal place of residence for less than fair 
market value or in cancelling a lease on, or contract to buy, 
the residence. 
(2) The Secretary of Labor shall decide on the amount of the 
moving expenses and the fair market value of the residence. 
§ 42103. Duty to hire protected employees 
(a) REHIRING PROTECTED EMPLOYEES.—A protected employee 
of an air carrier regulated by the Secretary of Transportation who 
was furloughed or whose employment was ended by the carrier 
(except for cause) before October 23, 1988, is entitled to be the 
first employed in the occupational specialty of the employee, regard-
less of the employee's age, by any other air carrier holding a 
certificate under section 41102 of this title before October 24, 1978. 
However, the air carrier may recall its furloughed employees before 
hiring a protected employee of another air carrier regulated by 
the Secretary who was furloughed or whose employment was ended 
by the other carrier (except for cause) before October 23, 1988. 
i ^ employee hired by an air carrier under this section retains 
seniority and recall rights with the air carrier that furloughed 
or ended the employment of the employee. 
(b) DUTIES OF SECRETARY OF LABOR.—-The Secretary of Labor— 
(1) shall establish and publish periodically a list of jobs Publication, 
available with an air carrier holding a certificate under section 
41102 of this title that includes necessary information and 
detail; 
(2) shall assist eligible protected employees to find other 
employment; 
(3) shall encourage negotiations between air carriers and 
representatives of employees on rehiring practices and senior-
ity; and 
(4) may require an air carrier to file with the Secretary 
information necessary to carry out this section. 
§ 42104. Congressional review of regulations 
(a) DEFINITION.—In this section, "legislative day" means a cal-
endar day on which both Houses of Congress are in session. 
(b) SUBMISSION TO CONGRESS.—The Secretary of Labor may 
not prescribe a regulation under this subchapter until 30 legislative 
days after the regulation is submitted to the Committee on Com-
merce, Science, and Transportation of the Senate and the Commit-
tee on Public Works and Transportation of the House of Representa-
tives. 
(c) EFFECTIVENESS OF REGULATIONS.—A proposed regulation 
under this subchapter shall be submitted to Congress and becomes 
effective only if, during the period of 60 legislative days after 
the regulation is submitted to Congress, either House does not 
pass a resolution disapproving the regulation. However, if Congress 
adopts a resolution approving the regulation during the 60-day 
period, the regulation is effective on that date. 
108 STAT. 1160 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 42105. Airline Employees Protective Account 
The Department of Labor has an Airline Employees Protective 
Account consisting of amounts appropriated to it. An amount nec-
essary to carry out this subchapter, including administrative 
expenses, may be appropriated to the Account annually. 
§42106. Ending effective date 
This subchapter is not effective after the last day the Secretary 
of Labor must make a payment under this subchapter. 
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR 
REQUIREMENTS OF AIR CARRIERS 
§ 42111. Mutual aid agreements 
An air carrier that will receive payments from another air 
^ 
carrier under an agreement between the air carriers for the time 
the one air carrier is not providing foreign air transportation, or 
is providing reduced levels of foreign air transportation, because 
of a labor strike must file a true copy of the agreement with 
the Secretary of Tremsportation and have it approved by the Sec-
retary under section 41309 of this title. Notwithstanding section 
41309, the Secretary shall approve the agreement only if it provides 
that— 
(1) the air carrier will receive payments of not more than 
60 percent of direct operating expenses, including interest 
expenses, but not depreciation or amortization expenses; 
(2) benefits may be paid for not more than 8 weeks, and 
may not be for losses incurred during the first 30 days of 
a strike; and 
(3) on request of the striking employees, the dispute will 
be submitted to binding arbitration under the Railway Labor 
Act (45 U.S.C. 151 et seq.). 
§ 42112. Labor requirements of air carriers 
(a) DEFINITIONS.—In this section— 
(1) "copilot" means an employee whose duties include 
assisting or relieving the pilot in manipulating an aircraft 
and who is qualified to serve as, and has in effect an airman 
certificate authorizing the employee to serve as, a copilot. 
(2) "pilot" means an employee who is— 
(A) responsible for manipulating or who manipulates 
the flight controls of an aircraft when under way, including 
the landing and takeoff of an aircraft; and 
(B) qualified to serve as, and has in effect an airman 
certificate authorizing the employee to serve as, a pilot. 
(b) DUTIES OF AIR CARRIERS.—An air carrier shall— 
(1) maintain rates of compensation, maximum hours, and 
other working conditions and relations for its pilots and copilots 
who are providing interstate air transportation in the 48 contig-
uous States and the District of Columbia to conform with 
decision number 83, May 10, 1934, National Labor Board, not-
withstanding any limitation in that decision on the period 
of its effectiveness; 
(2) maintain rates of compensation for its pilots and copilots 
who are providing foreign air transportation or air transpor-
tation only in one territory or possession of the United States; 
and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1161 
(3) comply with title II of the Railway Labor Act (45 U.S.C. 
181 et seq.) as long as it holds its certificate. 
(c) MINIMUM ANNUAL RATE OF COMPENSATION.—^A minimum 
annual rate under subsection (b)(2) of this section may not be 
less than the annual rate required to be paid for comparable service 
to a pilot or copilot under subsection (b)(1) of this section. 
(d) COLLECTIVE BARGAINING.—^This section does not prevent 
pilots or copilots of an air carrier from obtaining by collective 
bargaining higher rates of compensation or more favorable working 
conditions or relations. 
SUBPART III—SAFETY 
CHAPTER 441—REGISTRATION AND RECORDATION OF 
AIRCRAFT 
Sec. 
44101. Operation of aircraft. 
44102. Registration requirements. 
44103. Registration of aircraft. 
44104. Registration of aircraft components and dealers' certificates of registration. 
44105. Suspension and revocation of aircraft certificates. 
44106. Revocation of aircraft certificates for controlled substance violations. 
44107. Recordation of conveyances, leases, and security instruments. 
44108. Validity of conveyances, leases, and security instruments. 
44109. Reporting transfer of ownership. 
44110. Information about aircraft ownership and rights. 
44111. Modifications in registration and recordation system for aircraft not provid-
ing air transportation. 
44112. Limitation of liaoility. 
§44101. Operation of aircraft 
(a) REGISTRATION REQUIREMENT.—Except as provided in sub-
section (b) of this section, a person may operate an aircraft only 
when the aircraft is registered under section 44103 of this title. 
(b) EXCEPTIONS.—^A person may operate an aircraft in the 
United States that is not registered— 
(1) when authorized under section 40103(d) or 41703 of 
this title; 
(2) when it is an aircraft of the national defense forces 
of the United States and is identified in a way satisfactory 
to the Administrator of the Federal Aviation Administration; 
and 
(3) for a reasonable period of time after a transfer of 
ownership, under regulations prescribed by the Administrator. 
§ 44102. Registration requirements 
(a) ELIGIBILITY.—^An aircraft may be registered under section 
44103 of this title only when the aircraft is— 
(1) not registered under the laws of a foreign country 
and is owned by— 
(A) a citizen of the United States; 
(B) an individual citizen of a foreign country lawfully 
admitted for permanent residence in the United States; 
or 
(C) a corporation not a citizen of the United States 
when the corporation is organized and doing business under 
the laws of the United States or a State, and the aircraft 
. 
is based and primarily used in the United States; or 
(2) an aircraft of— 
108 STAT. 1162 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) the United States Government; or 
(B) a State, the District of Columbia, a territory or 
possession of the United States, or a political subdivision 
of a State, territory, or possession. 
(b) DUTY TO DEFINE CERTAIN TERM.—In carrying out subsection 
(a)(1)(C) of this section, the Secretary of Transportation shall define 
"based and primarily used in the United States". 
§ 44103. Registration of aircraft 
(a) GENERAL.—(1) On application of the owner of an aircraft 
that meets the requirements of section 44102 of this title, the 
Administrator of the Federal Aviation Administration shall— 
(A) register the aircraft; and 
(B) issue a certificate of registration to its owner. 
(2) The Administrator may prescribe the extent to which an 
aircraft owned by the holder of a dealer's certificate of registration 
issued under section 44104(2) of this title also is registered under 
this section. 
(b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Adminis-
trator may not issue an owner's certificate of registration under 
subsection (a)(1) of this section to a person whose certificate is 
revoked under section 44106 of this title during the 5-year period 
beginning on the date of the revocation, except— 
(A) as provided in section 44106(e)(2) of this title; or 
(B) that the Administrator may issue the certificate to 
the person after the one-year period beginning on the date 
of the revocation if the Administrator decides that the aircraft 
otherwise meets the requirements of section 44102 of this title 
and that denial of a certificate for the 5-year period— 
(i) would be excessive considering the nature of the 
offense or the act committed and the burden the denial 
places on the person; or 
(ii) would not be in the public interest. 
(2) A decision of the Administrator under paragraph (l)(B)(i) 
or (ii) of this subsection is within the discretion of the Administrator. 
That decision or failure to make a decision is not subject to adminis-
trative or judicial review. 
(c) CERTIFICATES AS EVIDENCE.—^A certificate of registration 
issued under this section is— 
(1) conclusive evidence of the nationality of an aircraft 
for international purposes, but not conclusive evidence in a 
proceeding under the laws of the United States; and 
(2) not evidence of ownership of an aircraft in a proceeding 
in which ownership is or may be in issue. 
(d) CERTIFICATES AVAILABLE FOR INSPECTION.—^An operator of 
an aircraft shall make available for inspection a certificate of reg-
istration for the aircraft when requested by a United States Gt)vern-
ment. State, or local law enforcement officer. 
§44104. Registration of aircraft components and dealers' 
certiHcates of registration 
The Administrator of the Federal Aviation Administration may 
prescribe regulations— 
(1) in the interest of safety for registering and identifying 
an aircraft engine, propeller, or appliance; and 
(2) in the public interest for issuing, suspending, and revok-
ing a dealer's certificate of registration under this chapter 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1163 
and for its use by a person manufacturing, distributing, or 
selling aircraft. 
§44105. Suspension and revocation of aircraft certificates 
The Administrator of the Federal Aviation Administration may 
suspend or revoke a certificate of registration issued under section 
44103 of this title when the aircraft no longer meets the require-
ments of section 44102 of this title. 
§44106. Revocation of aircraft certiHcates for controlled 
substance violations 
(a) DEFINITION.—In this section, "controlled substance" has the 
same meaning given that term in section 102 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). 
(b) REVOCATIONS.—(1) The Administrator of the Federal Avia-
tion Administration shall issue an order revoking the certificate 
of registration for an aircraft issued to an owner under section 
44103 of this title and any other certificate of registration that 
the owner of the aircraft holds under section 44103, if the Adminis-
trator finds that— 
(A) the aircraft was used to carry out, or facilitate, an 
activity that is punishable by death or imprisonment for more 
than one year under a law of the United States or a State 
related to a controlled substance (except a law related to simple 
possession of a controlled substance); and 
(B) the owner of the aircraft permitted the use of the 
aircraft knowing that the aircraft was to be used for the activity 
described in clause (A) of this paragraph. 
(2) An aircraft owner that is not an individual is deemed 
to have permitted the use of the aircraft knowing that the aircraft 
was to be used for the activity described in paragraph (1)(A) of 
this subsection only if a majority of the individuals who control 
the owner of the aircraft or who are involved in forming the major 
policy of the owner permitted the use of the aircraft knowing 
that the aircraft was to be used for the activity described in para-
graph (1)(A). 
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before 
the Administrator revokes a certificate under subsection (b) of this 
section, the Administrator shall— 
(1) advise the holder of the certificate of the charges or 
reasons on which the Administrator bases the proposed action; 
and 
(2) provide the holder of the certificate an opportunity 
to answer the charges and state why the certificate should 
not be revoked. 
(d) APPEALS.—(1) A person whose certificate is revoked by 
the Administrator under subsection (b) of this section may appeal 
the revocation order to the National Transportation Safety Board. 
The Board shall affirm or reverse the order after providing notice 
and a hearing on the record. In conducting the hearing, the Board 
is not bound by the findings of fact of the Administrator. 
(2) When a person files an appeal with the Board under this 
subsection, the order of the Administrator revoking the certificate 
is stayed. However, if the Administrator advises the Board that 
safety in air transportation or air commerce requires the immediate 
effectiveness of the order— 
(A) the order remains effective; and 
108 STAT. 1164 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) the Board shall dispose of the appeal not later than 
60 days after notification by the Administrator under this para-
graph. 
(3) A person substantially affected by an order of the Board 
under this subsection may seek judicial review of the order under 
section 46110 of this title. The Administrator shall be made a 
party to that judicial proceeding. 
(e) ACQUITTAL.—(1) The Administrator may not revoke, and 
the Board may not affirm a revocation of, a certificate of registration 
under this section on the basis of an activity described in subsection 
(b)( 1)(A) of this section if the holder of the certificate is acquitted 
of all charges related to a controlled substance in an indictment 
or information arising from the activity. 
(2) If the Administrator has revoked a certificate of registration 
of a person under this section because of an activity described 
in subsection (b)(1)(A) of this section, the Administrator shall 
reissue a certificate to the person if the person— 
(A) subsequently is acquitted of all charges related to a 
controlled substance in an indictment or information arising 
from the activity; and 
(B) otherwise meets the requirements of section 44102 
of this title. 
§44107. Recordation of conveyances, leases, and security 
instruments 
(a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Fed-
eral 
Aviation 
Administration 
shall 
establish 
a 
system 
for 
recording— 
(1) conveyances that affect an interest in civil aircraft 
of the United States; 
(2) leases and instruments executed for security purposes, 
including conditional sales contracts, assignments, and amend-
ments, that affect an interest in— 
(A) a specifically identified aircraft engine having at 
least 750 rated takeoff horsepower or its equivalent; 
(B) a specifically identified aircraft propeller capable 
of absorbing at least 750 rated takeoff shaft horsepower; 
(C) an aircraft engine, propeller, or appliance main-
tained for installation or use in an aircraft, aircraft engine, 
or propeller, by or for an air carrier holding a certificate 
issued under section 44705 of this title; and 
(D) spare parts maintained by or for an air carrier 
holding a certificate issued under section 44705 of this 
title; and 
(3) releases, cancellations, discharges, and satisfactions 
related to a conveyance, lease, or instrument recorded under 
clause (1) or (2) of this subsection. 
(b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument 
recorded under subsection (a)(2)(C) or (D) of this section only has 
to describe generally the engine, propeller, appliance, or spare part 
by type and designate its location. 
(c) ACKNOWLEDGMENT.—^Except as the Administrator otherwise 
may provide, a conveyance, lease, or instrument may be recorded 
under subsection (a) of this section only after it has been acknowl-
edged before— 
(1) a notary public; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1165 
(2) another officer authorized under the laws of the United 
States, a State, the District of Columbia, or a territory or 
possession of the United States to acknowledge deeds. 
(d) RECORDS AND INDEXES.—The Administrator shall— 
(1) keep a record of the time and date that each conveyance, 
lease, and instrument is filed and recorded with the Adminis-
trator; and 
(2) record each conveyance, lease, and instrument filed 
with the Administrator, in the order of their receipt, and index 
them by— 
(A) the identifying description of the aircraft, aircraft 
engine, or propeller, or location specified in a lease or 
instrument recorded under subsection (a)(2)(C) or (D) of 
this section; and 
(B) the names of the parties to each conveyance, lease, 
and instrument. 
§44108. Validity 
of conveyances, 
leases, 
and security 
instruments 
(a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or 
instrument executed for security purposes that may be recorded 
under section 44107(a)(l} or (2) of this title is filed for recording, 
the conveyance, lease, or instrument is valid only against— 
(1) the person making the conveyance, lease, or instrument; 
(2) that person's heirs and devisees; and 
(3) a person having actual notice of the conveyance, lease, 
or instrument. 
(b) 
PERIOD OF VAUDITY.—When a conveyance, lease, or 
instrument is recorded under section 44107 of this title, the convey-
ance, lease, or instrument is valid from the date of filing against 
all persons, without other recordation, except that— 
(1) a lease or instrument 
recorded 
under 
section 
44107(a)(2)(A) or (B) of this title is vaUd for a specifically 
identified engine or propeller without regard to a lease or 
instrument previously or subsequently recorded under section 
44107(a)(2)(C) or (D); and 
(2) a lease or instrument 
recorded 
under 
section 
44107(a)(2)(C) or (D) of this title is valid only for items at 
the location designated in the lease or instrument. 
(c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease, 
or instrument that may be recorded under section 44107 of this 
title is subject to the laws of the State, the District of Columbia, 
or the territory or possession of the United States at which the 
conveyance, lease, or instrument is delivered, regardless of the 
place at which the subject of the conveyance, lease, or instrument 
is located or delivered. If the conveyance, lease, or instrument 
specifies the place at which delivery is intended, it is presumed 
that the conveyance, lease, or instrument was delivered at the 
specified place. 
(2) This subsection does not take precedence over the Conven-
tion on the International Recognition of Rights in Aircraft (4 U.S.T. 
1830). 
(d) NONAPPLICATION.—This section does not apply to— 
(1) a conveyance described in section 44107(a)(1) of this 
title that was made before August 22, 1938; or 
(2) a lease or instrument described in section 44107(a)(2) 
of this title that was made before June 20, 1948. 
79-194 O—95—15: QL 3 Part 2 
108 STAT. 1166 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 44109. Reporting transfer of ownership 
(a) FILING NOTICES.—^A person having an ownership interest 
in an aircraft for which a certificate of registration was issued 
under section 44103 of this title shall file a notice with the Secretary 
of the Treasury that the Secretary requires by regulation, not 
later than 15 days after a sale, conditional sale, transfer, or convey-
ance of the interest. 
(b) EXEMPTIONS.—The Secretary-
Regulations. 
(1) shall prescribe regulations that establish guidelines for 
exempting a person or class from subsection (a) of this section; 
and 
(2) may exempt a person or class under the regulations. 
§ 44110. Information about aircraft ownership and rights 
The Administrator of the Federal Aviation Administration may 
provide by regulation for— 
(1) endorsing information on each certificate of registration 
issued under section 44103 of this title and each certificate 
issued under section 44704 of this title about ownership of 
the aircrgift for which each certificate is issued; and 
(2) recording transactions affecting an interest in, and for 
other records, proceedings, and details necessary to decide the 
rights of a party related to, a civil aircraft of the United 
States, aircraft engine, propeller, appliance, or spare part. 
§44111. ModiHcations in registration and recordation sys-
tem for aircraft not providing air transportation 
(a) APPLICATION.—^This section applies only to aircraft not used 
to provide air transportation. 
(b) AUTHORITY TO MAKE MODIFICATIONS.—^The Administrator 
of the Federal Aviation Administration shall make modifications 
in the system for registering and recording aircraft necessary to 
make the system more effective in serving the needs of— 
(1) buyers and sellers of aircraft; 
(2) officials responsible for enforcing laws related to the 
regulation of controlled substances (as defined in section 102 
of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802)); and 
(3) other users of the system. 
(c) NATURE OF MODIFICATIONS.—Modifications made under sub-
section (b) of this section— 
(1) may include a system of titling aircraft or registering 
all aircraft, even aircr£ift not operated; 
(2) shall ensure positive, verifiable, and timely identifica-
tion of the true owner; and 
(3) shall address at least each of the following deficiencies 
in and abuses of the existing system: 
(A) the registration of aircraft to fictitious persons. 
(B) the use of false or nonexistent addresses by persons 
registering aircraft. 
(C) the use by a person registering an aircraft of a 
post office box or "mail drop" as a return address to evade 
identification of the person's address. 
(D) the registration of aircraft to entities established 
to facilitate unlawful activities. 
(E) the submission of names of individuals on applica-
tions for registration of aircraft that are not identifiable. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1167 
(F) the ability to make frequent legal changes in the 
registration markings assigned to aircraft. 
(G) the use of false registration markings on aircraft. 
(H) the illegal use of "reserved" registration markings 
on aircraft. 
(I) the large number of aircraft classified as being 
in "self-reported status". 
(J) the lack of a system to ensure timely and adequate 
notice of the transfer of ownership of aircraft. 
(K) the practice of allowing temporary operation and 
navigation of aircraft without the issu£ince of a certificate 
of registration. 
(d) REGULATIONS.—(1) The Administrator of the Federal Avia-
tion Administration shall prescribe regulations to carry out this 
section and provide a written explanation of how the regulations 
address each of the deficiencies and abuses described in subsection 
(c) of this section. In prescribing the regulations, the Administrator 
of the Federal Aviation Administration shall consult with the 
Administrator of Drug Enforcement, the Commissioner of Customs, 
other law enforcement officials of the United States Government, 
representatives of State and local law enforcement officials, rep-
resentatives of the general aviation aircraft industry, representa-
tives of users of general aviation aircraft, and other interested 
persons. 
(2) Regulations prescribed under this subsection shall require 
that— 
(A) each individual listed in an application for registration 
of an aircraft provide with the application the individual's 
driver's license number; and 
(B) each person (not an individual) listed in an application 
for registration of an aircraft provide with the application the 
person's taxpayer identifying number. 
§44112. Limitation of liability 
(a) DEFINITIONS.—In this section— 
(1) "lessor" means a person leasing for at least 30 days 
a civil aircraft, aircraft engine, or propeller. 
(2) "owner" means a person that owns a civil aircraft, 
aircraft engine, or propeller. 
(3) "secured party" means a person having a security 
interest in, or security title to, a civil aircraft, aircraft engine, 
or propeller under a conditional sales contract, equipment trust 
contract, chattel or corporate mortgage, or similar instrument. 
(b) LIABILITY.—^A lessor, owner, or secured party is liable for 
personal injury, death, or property loss or damage on land or 
water only when a civil aircraft, aircraft engine, or propeller is 
in the actual possession or control of the lessor, owner, or secured 
party, and the personal injury, death, or property loss or damage 
occurs because of— 
(1) the aircraft, engine, or propeller; or 
(2) the flight of, or an object falling from, the aircraft, 
engine, or propeller. 
CHAPTER 443—INSURANCE 
Sec. 
44301. Definitions. 
44302. General authority. 
108 STAT. 1168 
PUBLIC LAW 103-272—JULY 5, 1994 
44303. Coverage. 
44304. Reinsurance. 
44305. Insiiring United States Government property. 
44306. Premiums and limitations on coverage and claims. 
44307. Revolving fund. 
44308. Administrative. 
44309. Civil actions. 
44310. Ending effective date. 
§44301. Definitions 
In this chapter— 
(1) "American aircraft" means— 
(A) a civil aircraft of the United States; and 
(B) an aircraft owned or chartered by, or made avail-
able to— 
(i) the United States Grovernment; or 
(ii) a State, the District of Columbia, a territory 
or possession of the United States, or a political sub-
division of the State, territory, or possession. 
(2) "insurance carrier" means a person authorized to do 
aviation insurance business in a State, including a mutual 
or stock insurance company and a reciprocal insurance associa-
tion. 
§ 44302. General authority 
(a) INSURANCE AND REINSURANCE.—(1) Subject to subsection 
(b) of this section and section 44305(a) of this title, the Secretary 
of Transportation may provide insurance and reinsurance against 
loss or damage arising out of any risk from the operation of an 
American aircraft or foreign-flag aircraft— 
(A) in foreign air commerce; or 
(B) between at least 2 places, all of which are outside 
the United States. 
(2) An aircraft may be insured or reinsured for not more than 
its reasonable value as determined by the Secretary. Insurance 
or reinsurance may be provided only when the Secretary decides 
that the insurance cannot be obtained on reasonable terms from 
an insurance carrier. 
(b) PRESIDENTIAL APPROVAL.—The Secretary may provide insur-
ance or reinsurance under subsection (a) of this section only with 
the approval of the President. The President may approve the 
insurance or reinsurance only after deciding that the continued 
operation of the American aircraft or foreign-flag aircraft to be 
insured or reinsured is necessary to carry out the foreign policy 
of the United States Government. 
(c) CONSULTATION.—The President may require the Secretary 
to consult with interested departments, agencies, and instrumental-
ities of the Government before providing insurance or reinsurance 
under this chapter. 
(d) ADDITIONAL INSURANCE.—^With the approval of the Sec-
retary, a person having 8in insurable interest in an aircraft may 
insure with other underwriters in an amount that is more than 
the amount insured with the Secretary. However, the Secretary 
may not benefit from the additional insurance. This subsec tion 
does not prevent the Secretary from 
making contracts of 
coinsurance. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1169 
§44303. Coverage 
The Secretary of Transportation may provide insurance and 
reinsurance authorized under section 44302 of this title for the 
following: 
(1) an American aircraft or foreign-flag aircraft engaged 
in aircraft operations the President decides are necessary to 
carry out the foreign policy of the United States Grovemment, 
(2) property transported or to be transported on aircraft 
referred to in clause (1) of this section, including— 
(A) shipments by express or registered mail; 
(B) property owned by citizens or residents of the 
United States; 
(C) property— 
(i) imported to, or exported from, the United 
States; and 
(ii) bought or sold by a citizen or resident of the 
United States under a contract putting the risk of 
loss or obligation to provide insurance against risk 
of loss on the citizen or resident; and 
(D) property transported between— 
(i) a place in a State or the District of Columbia 
and a place in a territory or possession of the United 
States; 
(ii) a place in a territory or possession of the United 
States and a place in another territory or possession 
of the United States; or 
(iii) 2 places in the same territory or possession 
of the United States. 
(3) the personal effects and baggage of officers and members 
of the crew of an aircraft referred to in clause (1) of this 
section and of other individuals employed or transported on 
that aircraft. 
(4) officers and members of the crew of an aircraft referred 
to in clause (1) of this section and other individuals employed 
or transported on that aircraft against loss of life, injury, or 
detention. 
(5) statutory or contractual obligations or other liabilities, 
customarily covered by insurance, of an aircraft referred to 
in clause (1) of this section or of the owner or operator of 
that aircrsift. 
§44304. Reinsurance 
(a) GENERAL AUTHORITY.—To the extent the Secretary of 
Transportation is authorized to provide insurance under this chap-
ter, the Secretary may reinsure any part of the insurance provided 
by an insurance carrier. The Secretary may reinsure with, transfer 
to, or transfer back to, the carrier any insurance or reinsurance 
provided by the Secretary under this chapter. 
(b) PREMIUM LEVELS.—The Secretary may provide reinsurance 
at premiums not less than, or obtain reinsurance at premiums 
not higher than, the premiums the Secretary establishes on similar 
risks or the premiums the insurance carrier charges for the insur-
ance to be reinsured by the Secretary, whichever is most adv£in-
tageous to the Secretary. However, the Secretary may make allow-
ances to the insurance carrier for expenses incurred in providing 
services and facilities that the Secretary considers good business 
108 STAT. 1170 
PUBLIC LAW 103-272—JULY 5, 1994 
practice, except for payments by the carrier for the stimulation 
or solicitation of insurance business. 
§ 44305. Insuring United States Government property 
(a) GENERAL.—^With the approval of the President, a depart-
ment, agency, or instrumentality of the United States Government 
may obtain— 
(1) insurance under this chapter, including insurance for 
risks from operating an aircraft in intrastate or interstate 
air commerce, but not including insurance on valuables subject 
to sections 1 and 2 of the Government Losses in Shipment 
Act (40 U.S.C. 721, 722); and 
(2) insurance for risks arising from providing goods or 
services directly related to and necessary for operating an air-
craft covered by insurance obtained under clause (1) of this 
subsection if the aircraft is operated— 
(A) in carrying out a contract of the department, 
agency, or instrumentality; or 
(B) to transport military forces or materiel on behalf 
of the United States under an agreement between the 
Government and the government of a foreign country. 
(b) 
PREMIUM 
WAIVERS AND INDEMNIFICATION.—With 
the 
approval required under subsection (a) of this section, the Secretary 
of Transportation may provide the insurance without premium at 
the request of the Secretary of Defense or the head of a department, 
agency, or instrumentality designated by the President when the 
Secretary of Defense or the designated head agrees to indemnify 
the Secretary of Transportation against all losses covered by the 
insurance. The Secretary of Defense and any designated head may 
make indemnity agreements with the Secretary of Transportation 
under this section. 
§44306. Premiums and limitations on coverage and claims 
(a) PREMIUMS BASED ON RISK.—To the extent practical, the 
premium charged for insurance or reinsurance under this chapter 
shall be based on consideration of the risk involved. 
(b) TIME LIMITS.—The Secretary of Transportation may provide 
insurance and reinsurance under this chapter for a period of not 
more than 60 days. The period may be extended for additional 
periods of not more than 60 days each only if the President decides, 
before each additional period, that the continued operation of the 
aircraft to be insured or reinsured is necessary to carry out the 
foreign policy of the United States Government. 
(c) MAXIMUM INSURED AMOUNT.—^The insurance policy on an 
aircraft insured or reinsured under this chapter shall specify a 
stated amount that is not more than the value of the aircraft, 
as determined by the Secretary. A claim under the policy may 
not be paid for more than that stated amount. 
§44307. Revolving fund 
(a) 
EXISTENCE, 
DISBURSEMENTS, 
APPROPRIATIONS, AND 
DEPOSITS.—-(1) There is a revolving fund in the Treasury. The 
Secretary of the Treasury shall disburse from the fund payments 
to carry out this chapter. 
(2) Necessary amounts to carry out this chapter may be appro-
priated to the fund. The amounts appropriated and other amounts 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1171 
received in carrying out this chapter shall be deposited in the 
fund. 
(b) I^^VESTMENT.—On request of the Secretary of Transpor-
tation, the Secretary of the Treasury may invest any part of the 
amounts in the revolving fund in interest-bearing securities of 
the United States Government. The interest on, and the proceeds 
from the sale or redemption of, the securities shall be deposited 
in the fund. 
(c) EXCESS AMOUNTS.—The balance in the revolving fund in 
excess of an amount the Secretary of Transportation determines 
is necessary for the requirements of the fund and for reasonable 
reserves to maintain the solvency of the fund shall be deposited 
at least annually in the Treasury as miscellaneous receipts. 
(d) EXPENSES.—The Secretary of Transportation shall deposit 
annually an amount in the Treasury as miscellaneous receipts 
to cover the expenses the Government incurs when the Secretary 
of Transportation uses appropriated amounts in carrying out this 
chapter. The deposited amount shall equal an amount determined 
by multiplying the average monthly balance of appropriated 
amounts retained in the revolving fund by a percentage that is 
at least the current average rate payable on marketable obligations 
of the Government. The Secretary of the Treasury shall determine 
annually in advance the percentage applied. 
§44308. Administrative 
(a) COMMERCIAL Pit\CTiCES.—^The Secretary of Transportation 
may carry out this chapter consistent with commercial practices 
of the aviation insurance business. 
(b) ISSUANCE OF POLICIES AND DISPOSITION OF CLAIMS.—(1) 
The Secretary may issue insurance policies to carry out this chapter. 
The Secretary may prescribe the forms, amounts insured under 
the policies, and premiums charged. The Secretary may change 
an amount of insurance or a premium for an existing policy only 
with the consent of the insured. 
(2) For a claim under insurance authorized by this chapter, 
" 
the Secretary may— 
(A) settle and pay the claim made for or against the United 
States Government; and 
(B) pay the amount of a judgment entered against the 
Government. 
(c) UNDERWRITING AGENT.—(1) The Secretary may, and when 
practical shall, employ an insurance carrier or group of insurance 
. 
-
carriers to act as an underwriting agent. The Secretary may use 
the agent to adjust claims under this chapter, but claims may 
be paid only when approved by the Secretary. 
(2) The Secretary may pay reasonable compensation to an -
underwriting agent for servicing insurance the agent writes for 
the Secretary. Compensation may include payment for reasonable • 
" 
expenses incurred by the agent but may not include a payment 
by the agent for stimulation or solicitation of insurance business. 
(3) Except as provided by this subsection, the Secretary may 
- • 
not pay an insurance broker or other person acting in a similar 
.; 
capacity any consideration for arranging insurance when the Sec- 
- 
^ * 
retary directly insures any part of the risk. 
(d) BUDGET.—The Secretary shall submit annually a budget 
program for carrying out this chapter as provided for wholly owned 
*
^ -
Government corporations under chapter 91 of title 31. 
108 STAT. 1172 
PUBLIC LAW 103-272—JULY 5, 1994 
(e) ACCOUNTS.—^The Secretary shall maintain a set of accounts. 
The Comptroller General shall audit those accounts under chapter 
35 of title 31. Notwithstanding chapter 35, the Comptroller General 
shall allow credit for expenditures under this chapter made consist-
ent with commercial practices in the aviation insurance business 
when shown to be necessary because of the business activities 
authorized by this chapter. 
§44309. Civil actions 
(a) DISPUTED LOSSES.—^A person may bring a civil action in 
a district court of the United States against the United States 
Government when a loss insured under this chapter is in dispute. 
A civil action involving the same matter (except the action author-
ized by this subsection) may not be brought against an agent, 
officer, or employee of the Government carrying out this chapter. 
To the extent applicable, the procedure in an action brought under 
section 1346(a)(2) of title 28 applies to an action under this sub-
section. 
(b) VENUE AND JOINDER.—(1) A civil action under subsection 
(a) of this section may be brought in the judicial district for the 
District of Columbia or in the judicial district in which the plaintiff 
or the agent of the plaintiff resides if the plaintiff resides in the 
United States. If the plaintiff does not reside in the United States, 
the action may be brought in the judicial district for the District 
of Columbia or in the judicial district in which the Attorney General 
agrees to accept service. 
(2) An interested person may be joined as a party to a civil 
action brought under subsection (a) of this section initially or on 
motion of either party to the action. 
(c) TIME REQUIREMENTS.—^When an insurance claim is made 
under this chapter, the period during which, under section 2401 
of title 28, a civil action must be brought under subsection (a) 
of this section is suspended until 60 days after the Secretary of 
Transportation denies the claim. The claim is deemed to be adminis-
tratively denied if the Secretary does not act on the claim not 
later than 6 months after filing, unless the Secretary makes a 
different agreement with the claimant when there is good cause 
for an agreement. 
(d) INTERPLEADER.—(1) If the Secretary admits the Government 
owes money under an insurance claim under this chapter and 
there is a dispute about the person that is entitled to payment, 
the Government may bring a civil action of interpleader in a district 
court of the United States against the persons that may be entitled 
to payment. The action may be brought in the judicial district 
for the District of Columbia or in the judicial district in which 
any party resides. 
(2) The district court may order a party not residing or found 
in the judicial district in which the action is brought to appear 
in a civil action under this subsection. The order shall be served 
in a reasonable manner decided by the district court. If the court 
decides an unknown person might assert a claim under the insur-
ance that is the subject of the action, the court may order service 
on that person by publication in the Federal Register. 
(3) Judgment in a civil action under this subsection discharges 
the Government from further liability to the parties to the action 
and to all other persons served by publication under paragraph 
(2) of this subsection. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1173 
§44310. Ending effective date 
The authority of the Secretary of Transportation to provide 
insurance and reinsurance under this chapter is not effective sifter 
September 30, 1997. 
CHAPTER 445—FACILITIES, PERSONNEL, AND 
RESEARCH 
Sec. 
44501. Plans and policy. 
44502. General facilities and personnel authority. 
44503. Reducing nonessential expenditures. 
44504. Improvea aircraft, aircraft engines, propellers, and appliances. 
44505. Systems^ procedures, facilities, and devices. 
44506. Air traffic controllers. 
44507. Civil aeromedical research. 
44508. Research advisory committee. 
44509. Demonstration projects. 
44510. Airway science curriculum grants. 
44511. Aviation research grants. 
44512. Catastrophic failure prevention research grants. 
44513. Regional centers of air transportation excellence. 
44514. Flight service stations. 
44515. Advanced training facilities for maintenance technicians for air carrier air-
craft. 
§ 44501. Plans and policy 
(a) 
LONG RANGE PLANS AND POLICY REQUIREMENTS.—The 
Administrator of the Federal Aviation Administration shall make 
long range plans and policy for the orderly development and use 
of the navigable airspace, and the orderly development and location 
of air navigation facilities, that will best meet the needs of, and 
serve the interests of, civil aeronautics and the national defense, 
except for needs of the armed forces that are peculiar to air warfare 
and primarily of military concern. 
(b) AIRWAY CAPITAL INVESTMENT PLAN.—The Administrator of 
the Federal Aviation Administration shall review, revise, and pub-
lish a national airways system plan, known as the Airway Capital 
Investment Plan, before the beginning of each fiscal year. The 
plan shall set forth— 
(1) for a 10-year period, the research, engineering, and 
development programs and the facilities and equipment that 
the Administrator considers necessary for a system of airways, 
air traffic services, and navigation aids that will— 
(A) meet the forecasted needs of civil aeronautics; 
(B) meet the requirements that the Secretary of 
Defense establishes for the support of the national defense; 
and 
(C) provide the highest degree of safety in air com-
merce; 
(2) for the first and 2d years of the plan, detailed annual 
estimates of— 
(A) the number, type, location, and cost of acquiring, 
operating, and maintaining required facilities and services; 
(B) the cost of research, engineering, and development 
required to improve safety, system capacity, and efficiency; 
and 
(C) personnel levels required for the activities described 
in subclauses (A) and (B) of this clause; 
(3) for the 3d, 4th, and 5th years of the plan, estimates 
of the total cost of each major program for the 3-year period. 
108 STAT. 1174 
PUBLIC LAW 103-272—JULY 5, 1994 
and additional major research programs, acquisition of systems 
and facilities, and changes in personnel levels that may be 
required to meet long range objectives and that may have 
significant impact on future funding requirements; and 
(4) a 10-year investment plan that considers long range 
objectives that the Administrator considers necessary to— 
(A) ensure that safety is given the highest priority 
in providing for a safe and efficient airway system; and 
(B) meet the current and projected growth of aviation 
and the requirements of interstate commerce, the United 
States Postal Service, and the national defense. 
(c) NATIONAL AVIATION RESEARCH PLAN.—<1) The Adminis-
trator of the Federal Aviation Administration shall prepare and 
publish annually a national aviation research plan and submit 
the plan to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives. The plan shall be 
submitted not later than the date of submission of the President's 
budget to Congress. 
(2)(A) The plan shall describe, for a 15-year period, the research, 
engineering, and development that the Administrator of the Federal 
Aviation Administration considers necessary— 
(i) to ensure the continued capacity, safety, and efficiency 
of aviation in the United States, considering emerging tech-
nologies and forecasted needs of civil aeronautics; and 
(ii) to provide the highest degree of safety in air travel. 
(B) The plan shall cover all research conducted under sections 
40119, 44504, 44505, 44507, 44511-44513, and 44912 of this title 
and shall identify complementary and coordinated research efforts 
that the Administrator of the National Aeronautics and Space 
Administration conducts with amounts specifically appropriated to 
the Administration. For projects for which the Administrator of 
the Federal Aviation Administration anticipates requesting an 
appropriation, the plan shall include— 
(i) for the first 2 years of the plan, detailed annual esti-
mates of the schedule, cost, and work-force levels for each 
research project, including a description of the scope and con-
tent of each major contract, grant, or interagency agreement; 
(ii) for the 3d, 4th, and 5th years of the plan, estimates 
of the total cost of each major project and any additional major 
research projects that may be required to meet long-term objec-
tives and that may have significant impact on future appropria-
tions requirements; 
(iii) for the 6th and subsequent years of the plan, the 
long-term objectives the Administrator of the Federal Aviation 
Administration considers necessary to ensure that aviation 
safety will be given the highest priority; and 
(iv) details of a program to disseminate to the private 
sector the results of aviation research conducted by the 
Administrator of the Federal Aviation Administration, including 
any new technologies developed. 
Reports. 
(3) Subject to section 40119(b) of this title and regulations 
prescribed under section 40119(b), the Administrator of the Federal 
Aviation Administration shall submit to the committees named 
in paragraph (1) of this subsection an annual report on the accom-
plishments of the research completed during the prior fiscal year. 
The report shall be submitted with the plan required under para-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1175 
graph (1) and be organized to allow comparison with the plan 
in effect for the prior fiscal year. 
§ 44502. General facilities and personnel authority 
(a) GENERAL AUTHORITY.—(1) The Administrator of the Federal 
Aviation Administration may— 
(A) acquire, establish, improve, operate, and maintain air 
navigation facilities; and 
(B) provide facilities and personnel to regulate and protect 
air traffic. 
(2) The cost of site preparation work associated with acquiring, 
establishing, or improving an air navigation facility under para-
graph (1)(A) of this subsection shall be charged to amounts available 
for that purpose appropriated under section 48101(a) of this title. 
The Secretary of Transportation may make an agreement with 
an airport owner or sponsor (as defined in section 47102 of this 
title) so that the owner or sponsor will provide the work and 
be paid or reimbursed by the Secretary from the appropriated 
amounts. 
(3) The Secretary of Transportation may authorize a depart-
ment, agency, or instrumentality of the United States Government 
to carry out any duty or power under this subsection with the 
consent of the head of the department, agency, or instrumentality. 
(b) CERTIFICATION OF NECESSITY.—Except for Government 
money expended under this part or for a military purpose, money 
may be expended to acquire, establish, construct, operate, repair, 
alter, or maintain an air navigation facility only if the Administrator 
of the Federal Aviation Administration certifies in writing that 
i 
the facility is reasonably necessary for use in air commerce or 
for the national defense. An interested person may apply for a 
certificate for a facility to be acquired, established, constructed, 
operated, repaired, altered, or maintained by or for the person. 
(c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—<1) To 
ensure that conformity with plans and policies for, and allocation 
of, airspace by the Administrator of the Federal Aviation Adminis-
tration under section 40103(b)(1) of this title, a military airport, 
military landing area, or missile or rocket site may be acquired, 
established, or constructed, or a runway may be altered substan-
tially, only if the Administrator of the Federal Aviation Administra-
tion is given reasonable prior notice so that the Administrator 
of the Federal Aviation Administration may advise the appropriate 
committees of Congress and interested departments, agencies, and 
instrumentalities of the Government on the effect of the acquisition, 
establishment, construction, or alteration on the use of airspace 
by aircraft. A disagreement between the Administrator of the Fed-
eral Aviation Administration and the Secretary of Defense or the 
Administrator of the National Aeronautics and Space Administra-
tion may be appealed to the President for a final decision. 
(2) To ensure conformity, an airport or landing area not involv-
ing the expenditure of Government money may be established or 
constructed, or a runway may be altered substantially, only if 
the Administrator of the Federal Aviation Administration is given 
reasonable prior notice so that the Administrator may provide 
advice on the effects of the establishment, construction, or alteration 
on the use of airspace by aircraft. 
(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head 
of a department, agency, or instrumentality of the Government 
108 STAT. 1176 
PUBLIC LAW 103-272—JULY 5, 1994 
having jurisdiction over an air navigation facility owned or operated 
by the Government may provide, under regulations the head of 
the department, agency, or instrumentality prescribes, for public 
use of the facility. 
(2) The head of a department, agency, or instrumentality of 
the Government having jurisdiction over an airport or emergency 
landing field owned or operated by the Government may provide, 
under regulations the head of the department, agency, or instrumen-
tality prescribes, for assistance, and the sale of fuel, oil, equipment, 
and supplies, to an aircraft, but only when necessary, because 
of an emergency, to allow the aircraft to continue to the nearest 
airport operated by private enterprise. The head of the department, 
agency, or instrumentality shall provide for the assistance and 
sale at the prevailing local fair market value as determined by 
the head of the department, agency, or instrumentality. An amount 
that the head decides is equal to the cost of the assistance provided 
and the fuel, oil, equipment, and supplies sold shall be credited 
to the appropriation from which the cost was paid. The balance 
shall be credited to miscellaneous receipts. 
(e) CONSENT OF CONGRESS.—Congress consents to a State mak-
ing an agreement, not in conflict with a law of the United States, 
with another State to develop or operate an airport facility. 
(f) TRANSFERS OF INSTRUMENT LANDING SYSTEMS.—An airport 
may transfer, without consideration, to the Administrator of the 
Federal Aviation Administration an instrument landing system (and 
associated approach lighting equipment and runway visual range 
equipment) that conforms to performance specifications of the 
Administrator if a Government airport aid program, airport develop-
ment aid program, or airport improvement project grant was used 
to assist in purchasing the system. The Administrator shall accept 
the system and operate and maintain it under criteria of the 
Administrator. 
§ 44503. Reducing nonessential expenditures 
The Secretary of Transportation shall attempt to reduce the 
capital, operating, maintenance, and administrative costs of the 
national airport and airway system to the maximum extent prac-
ticable consistent with the highest degree of aviation safety. At 
least annually, the Secretary shall consult with and consider the 
recommendations of users of the system on ways to reduce non-
essential expenditures of the United States Government for avia-
tion. The Secretary shall give particular attention to a recommenda-
tion that may reduce, with no adverse effect on safety, future 
personnel requirements and costs to the Government required to 
be recovered from user charges. 
§44504. Improved aircraft, aircraft engines, propellers, and 
appliances 
(a) 
DEVELOPMENTAL 
WORK 
AND 
SERVICE 
TESTING.—^The 
Administrator of the Federeil Aviation Administration may conduct 
or supervise developmental work and service testing to improve 
aircraft, aircraft engines, propellers, and appliances. 
(b) RESEARCH.—The Administrator shall conduct or supervise 
research— 
(1) to develop technologies and analyze information to pre-
dict the effects of aircraft design, maintenance, testing, wear, 
and fatigue on the life of aircrsift and air safety; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1177 
(2) to develop methods of analyzing and improving aircraft 
maintenance technology and practices, including nondestructive 
evaluation of aircraft structures; 
(3) to assess the fire and smoke resistance of aircraft mate-
rial; 
(4) to develop improved fire and smoke resistant material 
for aircraft interiors; 
(5) to develop and improve fire and smoke containment 
systems for inflight aircraft fires; 
(6) to develop advanced aircraft fuels with low flammability 
and technologies that will contain aircraft fuels to minimize 
post-crash fire hazards; and 
(7) to develop technologies and methods to assess the risk 
of and prevent defects, failures, and malfunctions of products, 
parts, processes, and articles manufactured for use in aircraft, 
aircraft engines, propellers, and appliginces that could result 
in a catastrophic failure of an aircraft. 
(c) 
AUTHORITY TO BUY ITEMS OFFERING SPECIAL ADVAN-
TAGES.—In carrying out this section, the Administrator, by negotia-
tion or otherwise, may buy or exchange experimental aircraft, air-
craft engines, propellers, and appliances that the Administrator 
decides may offer special advantages to aeronautics. 
§ 44505. Systems, procedures, facilities, and devices 
(a) GENERAL REQUIREMENTS.—(1) The Administrator of the Fed-
eral Aviation Administration shall— 
(A) develop, alter, test, and evaluate systems, procedures, 
facilities, and devices, and define their performance characteris-
tics, to meet the needs for safe and efficient navigation and 
traffic control of civil and military aviation, except for needs 
of the armed forces that are peculiar to air warfare and pri-
marily of military concern; and 
(B) select systems, procedures, facilities, and devices that 
will best serve those needs and promote maximum coordination 
of air traffic control and air defense systems. 
(2) The Administrator may make contracts to carry out this 
subsection without regard to section 3324(a) and (b) of title 31. 
(3) When a substantial question exists under paragraph (1) 
of this subsection about whether a matter is of primary concern 
to the armed forces, the Administrator shall decide whether the 
Administrator or the Secretary of the appropriate military depart-
ment has responsibility. The Administrator shall be given technical 
information related to each research and development project of 
the armed forces that potentially applies to, or potentially conflicts 
with, the common system to ensure that potential application to 
the common system is considered properly and that potential con-
flicts with the system are eliminated. 
(b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.— 
The Administrator shall conduct or supervise research— 
(1) to develop a better understanding of the relationship 
between human factors and aviation accidents and between 
human factors and air safety; 
(2) to enhance air traffic controller, mechanic, and flight 
crew performance; 
(3) to develop a human-factor analysis of the hazards asso-
ciated with new technologies to be used by air traffic controllers, 
mechanics, and flight crews; 
108 STAT. 1178 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) to identify innovative and effective corrective measures 
for human errors that adversely affect air safety; and 
(5) to develop dynamic simulation models of the air traffic 
control system and airport design and operating procedures 
that will provide analytical technology— 
(A) to predict airport £ind air traffic control safety 
and capacity problems; 
(B) to evaluate planned research projects; and 
(C) to test proposed revisions in airport and air traffic 
control operations programs. 
(c) RESEARCH ON DEVELOPING AND MAINTAINING A SAFE AND 
EFFICIENT SYSTEM.—^The Administrator shall conduct or supervise 
research on— 
(1) airspace and airport planning and design; 
(2) airport capacity enhancement techniques; 
(3) human performance in the air transportation environ-
ment; 
(4) aviation safety and security; 
(5) the supply of trained air transportation personnel, 
including pilots and mechanics; and 
(6) other aviation issues related to developing and 
maintaining a safe and efficient air transportation system. 
§ 44506. Air traffic controllers 
(a) RESEARCH ON EFFECT OF AUTOMATION ON PERFORMANCE.— 
To develop the means necessary to establish appropriate selection 
criteria and training methodologies for the next generation of air 
traffic controllers, the Administrator of the Federal Aviation 
Administration shall conduct research to study the effect of automa-
tion on the performance of the next generation of air traffic control-
lers and the air traffic control system. The research shall include 
investigating— 
(1) methods for improving and accelerating future air traffic 
controller training through the application of advanced training 
techniques, including the use of simulation technology; 
(2) the role of automation in the air traffic control system 
and its physical and psychological effects on air traffic control-
lers; 
(3) the attributes and aptitudes needed to function well 
in a highly automated air traffic control system and the develop-
ment of appropriate testing methods for identifying individuals 
with those attributes and aptitudes; 
(4) innovative methods for training potential air traffic 
controllers to enhance the benefits of automation and maximize 
the effectiveness of the air traffic control system; and 
(5) new technologies and procedures for exploiting auto-
mated communication systems, including Mode S Transponders, 
to improve information transfers between air traffic controllers 
and aircraft pilots. 
(b) RESEARCH ON HUMAN FACTOR ASPECTS OF AUTOMATION.— 
The Administrators of the Federal Aviation Administration and 
National Aeronautics and Space Administration may make an 
agreement for the use of the National Aeronautics and Space 
Administration's unique human factor facilities and expertise in 
conducting research activities to study the human factor aspects 
of the highly automated environment for the next generation of 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1179 
air traffic 
controllers. The research 
activities shall 
include 
investigating— 
(1) human perceptual capabilities and the effect of com-
puter-aided decision making on the workload and performance 
of air traffic controllers; 
(2) information management techniques for advanced air 
traffic control display systems; and 
(3) air traffic controller workload and performance meas-
ures, including the development of predictive models. 
(c) COLLEGIATE TRAINING INITIATIVE.—<1) The Administrator 
of the Federal Aviation Administration may maintain the Collegiate 
Training Initiative program by making new agreements and , 
continuing existing agreements with institutions of higher education 
(as defined by the Administrator) under which the institutions 
prepare students for the position of air traffic controller with the 
Department of Transportation (as defined in section 2109 of title 
5). The Administrator may establish standards for the entry of 
institutions into the program and for their continued participation. 
(2)(A) The Administrator of the Federal Aviation Administra-
tion may appoint an individual who has successfully completed 
a course of training in a program described in paragraph (1) of 
this subsection to the position of air traffic controller noncompeti-
tively in the excepted service (as defined in section 2103 of title 
5). An individual appointed under this paragraph serves at the 
pleasure of the Administrator, subject to section 7511 of title 5. 
However, an appointment under this paragraph may be converted 
from one in the excepted service to a career conditional or career 
appointment in the competitive civil service (as defined in section 
2102 of title 5) when the individual achieves full performance 
level air traffic controller status, as decided by the Administrator. 
(B) The authority under subparagraph (A) of this paragraph 
to make appointments in the excepted service expires on October 
6, 1997, except that the Administrator of the Federal Aviation 
. 
Administration may extend the authority for one or more successive 
one-year periods. 
(d) STAFFING REPORT.—The Administrator of the Federal Avia-
tion Administration shall submit annually to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report containing— 
(1) the staffing standards used to determine the number 
. 
of air traffic controllers needed to operate the air traffic control 
system of the United States; 
(2) a 3-year projection of the number of controllers needed 
to be employed to operate the system to meet the standards; 
and 
(3) a detailed plan for employing the controllers, including 
projected budget requests. 
§ 44507. Civil aeromedical research 
The Civil Aeromedical Institute established by section 106(j) 
of this title may— 
(1) conduct civil aeromedical research, including research 
related to— 
(A) the protection and survival of aircraft occupants; 
(B) medical accident investigation and airman medical 
" 
certification; 
108 STAT. 1180 
PUBLIC LAW 103-272—JULY 5, 1994 
(C) toxicology and the effects of drugs on human 
performance; 
(D) the impact of disease and disabiUty on human 
performance; 
(E) vision and its relationship to human performance 
and equipment design; 
(F) human factors of flight crews, air traffic controllers, 
mechanics, inspectors, airway facility technicians, and 
other individuals involved in operating and maintaining 
aircraft and air traffic control equipment; and 
(G) agency work force optimization, including training, 
equipment design, reduction of errors, and identification 
of candidate tasks for automation; 
(2) make comments to the Administrator of the Federal 
Aviation Administration on human factors aspects of proposed 
air safety regulations; 
(3) make comments to the Administrator on human factors 
aspects of proposed training programs, equipment require-
ments, standards, and procedures for aviation personnel; 
(4) advise, assist, and represent the Federal Aviation 
Administration in the human factors aspects of joint projects 
between the Administration and the National Aeronautics and 
Space Administration, 
other 
departments, 
agencies, 
and 
instrumentalities of the United States Government, industry, 
and governments of foreign countries; and 
(5) provide medical consultation services to the Adminis-
trator about medical certification of airmen. 
§ 44508. Research advisory committee 
(a) ESTABLISHMENT AND DUTIES.—(1) There is a research 
advisory committee in the Federal Aviation Administration. The 
committee shall— 
(A) provide advice and recommendations to the Adminis-
trator of the Federal Aviation Administration about needs, 
objectives, plans, approaches, content, and accomplishments of 
the aviation research program carried out under sections 40119, 
44504, 44505, 44507, 44511-44513, and 44912 of this title; 
(B) assist in ensuring that the research is coordinated 
with similar research being conducted outside the Administra-
tion; and 
(C) review the operations of the regional centers of air 
transportation excellence established under section 44513 of 
this title. 
(2) The Administrator may establish subordinate committees 
to provide advice on specific areas of research conducted under 
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of 
this title. 
(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.—(1) The commit-
tee is composed of not more than 30 members appointed by the 
Administrator from among individuals who are not employees of 
the Administration and who are specially qualified to serve on 
the committee because of their education, training, or experience. 
In appointing members of the committee, the Administrator shall 
ensure that the regional centers of air transportation excellence, 
universities, corporations, associations, consumers, and 
other 
departments, agencies, and instrumentalities of the United States 
Government are represented. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1181 
(2) The Administrator shall designate the chairman of the 
committee. 
(3) A member of the committee serves without pay. However, 
the Administrator may allow a member, when attending meetings 
of the committee or a subordinate committee, expenses as author-
ized under section 5703 of title 5. 
(c) 
SUPPORT 
STAFF, 
INFORMATION, 
AND SERVICES.—The 
Administrator shall provide support staff for the committee. On 
request of the committee, the Administrator shall provide informa-
tion, administrative services, and supplies that the Administrator 
considers necessary for the committee to carry out its duties and 
powers. 
(d) NONAPPLICATION.—Section 14 of the Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the committee. 
(e) USE AND LIMITATION OF AMOUNTS.—(1) Not more than 
. 1 percent of the amounts made available to conduct research under 
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of 
this title may be used by the Administrator to carry out this 
section. 
(2) A limitation on amounts available for obligation by or for 
the committee does not apply to amounts made available to carry 
out this section. 
§ 44509. Demonstration projects 
The Secretary of Transportation may carry out under this chap-
ter demonstration projects that the Secretary considers necessary 
for research and development activities under this chapter. 
§ 44510. Airway science curriculum grants 
(a) GENERAL AUTHORITY.—^The Administrator of the Federal 
Aviation Administration may make competitive grant agreements 
with institutions of higher education having airway science curric-
ula for the United States Government's share of the allowable 
direct costs of the following categories of items to the extent that 
the items are in support of airway science curricula: 
(1) the construction, purchase, or lease with an option 
to purchase, of buildings and associated facilities. 
(2) instructional material and equipment. 
(b) COST GUIDELINES.—^The Administrator shall establish guide-
lines to determine the direct costs allowable under a grant to 
be made under this section. The Government's share of the allow-
able cost of a project assisted by a grant under this section may 
not be more than 65 percent. 
§ 44511. Aviation research grants 
(a) GENERAL AUTHORITY.—The Administrator of the Federal 
Aviation Administration may make greints to institutions of higher 
education and nonprofit research organizations to conduct aviation 
research in areas the Administrator considers necessary for the 
long-term growth of civil aviation. 
(b) APPLICATIONS.—^An institution of higher education or non-
profit research organization interested in receiving a grant under 
this section may submit an application to the Administrator. The 
application must be in the form and contain the information the 
Administrator requires. 
108 STAT. 1182 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) 
SOLICITATION, REVIEW, AND EVALUATION PROCESS.—The 
Administrator shall establish a solicitation, review, and evaluation 
process that ensures— 
(1) providing grants under this section for proposals having 
adequate merit and relevancy to the mission of the Administra-
tion; 
(2) a fair geographical distribution of grants under this 
section; and 
Minorities. 
(3) the inclusion of historically black institutions of higher 
education and other minority nonprofit research organizations 
for grant consideration under this section. 
(d) RECORDS.—Each person receiving a grant under this section 
shall maintain records that the Administrator requires as being 
necessary to facilitate an effective audit and evaluation of the 
use of money provided under the grant. 
(e) ANNUAL REPORT.—The Administrator shall submit an 
annual report to the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on carrying out this 
section. 
§ 44512. Catastrophic failure prevention research grants 
(a) GENERAL AUTHORITY.—The Administrator of the Federal 
Aviation Administration may make grants to institutions of higher 
education and nonprofit research organizations— 
(1) to conduct aviation research related to the development 
of technologies and methods to assess the risk of, and prevent, 
defects, failures, and malfunctions of products, parts, processes, 
and articles manufactured for use in aircraft, aircraft engines, 
propellers, and appliances that could result in a catastrophic 
failure of an aircraft; and 
(2) to establish centers of excellence for continuing the 
research. 
(b) 
SOLICITATION, APPLICATION, REVIEW, AND EVALUATION 
PROCESS.—The Administrator shall establish a solicitation, applica-
tion, review, and evaluation process that ensures providing grants 
under this section for proposals having adequate merit and rel-
evancy to the research described in subsection (a) of this section. 
§ 44513. Regional centers of air transportation excellence 
(a) GENERAL AUTHORITY.—^The Administrator of the Federal 
Aviation Administration may make grants to institutions of higher 
education to establish and operate regional centers of air transpor-
tation excellence. The locations shall be distributed in a geographi-
cally fair way. 
(b) RESPONSIBILITIES.—(1) The responsibilities of each center 
established under this section shall include— 
(A) conducting research on— 
(i) airspace and airport planning and design; 
(ii) airport capacity enhancement techniques; 
(iii) human performance in the air transportation 
environment; 
(iv) aviation safety and security; 
(v) the supply of trained air transportation personnel, 
including pilots and mechanics; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1183 
(vi) other aviation issues related to developing and 
maintaining a safe and efficient air transportation system; 
and 
(B) interpreting, publishing, and disseminating the results 
of the research. 
(2) In conducting research described in paragraph (1)(A) of 
this subsection, each center may make contracts with nonprofit 
research organizations and other appropriate persons. 
(c) APPLICATIONS.—^An institution of higher education interested 
in receiving a grant under this section may submit an application 
to the Administrator. The application must be in the form and 
contain the information that the Administrator requires by regula-
tion. 
(d) SELECTION CRITERIA.—The Administrator shall select recipi-
ents of grants under this section on the basis of the following 
criteria: 
(1) the extent to which the needs of the State in which 
the applicant is located are representative of the needs of 
the region for improved air transportation services and facili-
ties. 
(2) the demonstrated research and extension resources 
available to the applicant to carry out this section. 
(3) the ability of the applicant to provide leadership in 
making national and regional contributions to the solution of 
both long-range and immediate air transportation problems. 
(4) the extent to which the applicant has an established 
air transportation program. 
(5) the demonstrated ability of the applicant to disseminate 
results of air transportation research and educational programs 
through a statewide or regionwide continuing education pro-
gram. 
(6) the projects the applicant proposes to carry out under 
the grant. 
(e) EXPENDITURE AGREEMENTS.—^A grant may be made under 
this section in a fiscal year only if the recipient makes an agreement 
with the Administrator that the Administrator requires to ensure 
that the recipient will maintain its total expenditures from all 
other sources for establishing and operating the center and related 
research activities at a level at least equal to the average level 
of those expenditures in the 2 fiscal years of the recipient occurring 
immediately before November 5, 1990. 
(D GOVERNMENT'S SHARE OF COSTS.—The United 
States 
Government's share of a grant under this section is 50 percent 
of the costs of establishing and operating the center and related 
research activities that the grant recipient carries out. 
(g) ALLOCATING AMOUNTS.—^The Administrator shall allocate 
amounts made available to carry out this section in a geographically 
fair way. 
§ 44514. Flight service stations 
(a) HOURS OF OPERATION.—(1) The Secretary of Transportation 
may close, or reduce the hours of operation of, a flight service 
station in an area only if the service provided in the area after 
the closing or during the hours the station is not in operation 
is provided by an automated flight service station with at least 
model 1 equipment. 
108 STAT. 1184 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) The Secretary shall reopen a flight service station closed 
after March 24, 1987, but before July 15, 1987, as soon as prac-
ticable if the service in the area in which the station is located 
has not been provided since the closing by an automatic flight 
service station with at least model 1 equipment. The hours of 
operation for the reopened station shall be the same as were the 
hours of operation for the station on March 25, 1987. After reopen-
ing the station, the Secretary may close, or reduce the hours of 
operation of, the station only as provided in paragraph (1) of this 
subsection. 
(b) 
MANNED AUXILIARY STATIONS.—The Secretary and 
the 
Administrator of the Federal Aviation Administration shall estab-
lish a system of manned auxiliary flight service stations. The 
manned auxiliary flight service stations shall supplement the serv-
ices of the planned consolidation to 61 automated flight service 
stations under the flight service station modernization program. 
A manned auxiliary flight service station shall be located in an 
area of unique weather or operational conditions that are critical 
to the safety of flight. 
'' 
§ 44515. Advanced training facilities for maintenance techni-
cians for air carrier aircraft 
(a) GENERAL AUTHORITY.—The Administrator of the Federal 
Aviation Administration may make grants to not more than 4 
vocational technical educational institutions to acquire or construct 
facilities to be used for the advanced training of maintenance techni-
cians for air carrier aircraft. 
(b) ELIGIBILITY.—^The Administrator may make a grant under 
this section to a vocational technical educational institution only 
if the institution has a training curriculum that prepares aircraft 
maintenance technicians who hold airframe and power plant certifi-
cates under subpart D of part 65 of title 14, Code of Federsd 
Regulations, to maintain, without direct supervision, air carrier 
aircraft. 
(c) LIMITATION.—^A vocational technical educational institution 
may not receive more than a total of $5,000,000 in grants under 
this section. 
CHAPTER 447—SAFETY REGULATION 
Sec. 
44701. General reqmrements. 
44702. Issuance of certificates. 
44703. Airman certificates. 
44704. Type certificates, production certificates, and airworthiness certificates. 
44705. Air carrier operating certificates. 
44706. Airport operating certificates. 
44707. Examining and rating air agencies. 
44708. Inspecting and rating air navigation facilities. 
44709. Amendments, modifications, suspensions, and revocations of certificates. 
44710. Revocations of airman certificates for controlled substance violations. 
44711. Prohibitions and exemption. 
44712. Emergency locator transmitters. 
44713. Inspection and maintenance. 
44714. Aviation fuel standards. 
44715. Controlling aircraft noise and sonic boom. 
44716. Collision avoidance systems. 
44717. Aging aircraft. 
44718. Structures interfering with air commerce. 
44719. Standards for navigational aids. 
44720. Meteorological services. 
44721. Aeronautical maps and charts. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1185 
44722. Aircraft operations in winter conditions. 
44723. Annual report. 
§44701. General requirements 
(a) PROMOTING SAFETY.—^The Administrator of the Federal 
Regulations. 
Aviation Administration shall promote safe flight of civil aircraft 
in air commerce by prescribing— 
(1) minimum standards required in the interest of safety 
for appliances and for the design, material, construction, quality 
of work, and performance of aircraft, aircraft engines, and 
propellers; 
(2) regulations and minimum standards in the interest 
of safety for— 
(A) inspecting, servicing, and overhauling aircraft, air-
craft engines, propellers, and appliances; 
(B) equipment and facilities for, and the timing and 
manner of, the inspecting, servicing, and overhauling; and 
(C) a qualifiea private person, instead of an officer 
or employee of the Administration, to examine and report 
on the inspecting, servicing, and overhauling; 
(3) regulations required in the interest of safety for the 
reserve supply of aircraft, aircrsift engines, propellers, appli-
ances, and aircraft fuel and oil, including the reserve supply 
of fuel and oil carried in flight; 
(4) regulations in the interest of safety for the maximum 
hours or periods of service of airmen and other employees 
of air carriers; and 
(5) regulations and minimum standards for other practices, 
methods, and procedure the Administrator finds necessary for 
safety in air commerce and national security. 
(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Adminis-
trator may prescribe minimum safety standards for— 
(1) an air carrier to whom a certificate is issued under 
section 44705 of this title; and 
(2) operating an airport serving any passenger operation 
of air carrier aircraft designed for at least 31 passenger seats. 
(c) REDUCING AND ELIMINATING ACCIDENTS.—^The Adminis-
trator shall carry out this chapter in a way that best tends to 
reduce or eliminate the possibility or recurrence of accidents in 
air transportation. However, the Administrator is not required to 
give preference either to air transportation or to other air commerce 
in carrying out this chapter. 
(d) CONSIDERATIONS AND CLASSIFICATION OF REGULATIONS AND 
STANDARDS.—^When prescribing a regulation or standard under sub-
section (a) or (b) of this section or section 44702-44716 of this 
title, the Administrator shall— 
(1) consider— 
(A) the duty of an air carrier to provide service with 
the highest possible degree of SEifety in the public interest; 
and 
(B) differences between air transportation and other 
air commerce; and 
(2) classify a regulation or standard appropriate to the 
differences between air transportation and other air commerce. 
(e) EXEMPTIONS.—^The Administrator may grant an exemption 
from a requirement of a regulation prescribed under subsection 
(a) or (b) of this section or section 44702-44716 of this title if 
the Administrator finds the exemption is in the public interest. 
108 STAT. 1186 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 44702. Issuance of certiHcates 
(a) GENERAL AUTHORITY AND AppLiCATioNS.^The Adminis-
trator of the Federal Aviation Administration may issue airman 
certificates, type certificates, production certificates, airworthiness 
certificates, air carrier operating certificates, airport operating cer-
tificates, air agency certificates, and air navigation facility certifi-
cates under this chapter. An application for a certificate must— 
(1) be under oath when the Administrator requires; and 
(2) be in the form, contain information, and be filed and 
served in the way the Administrator prescribes. 
(b) CONSIDERATIONS.—^When issuing a certificate under this 
chapter, the Administrator shall— 
(1) consider— 
(A) the duty of an air carrier to provide service with 
the highest possible degree of safety in the public interest; 
and 
(B) differences between air transportation and other 
air commerce; and 
(2) classify a certificate according to the differences between 
air transportation and other air commerce. 
(c) PRIOR CERTIFICATION.—The Administrator may authorize 
an aircraft, aircraft engine, propeller, or appliance for which a 
certificate has been issued authorizing the use of the aircraft, 
aircraft engine, propeller, or appliance in air transportation to 
be used in air commerce without another certificate being issued. 
(d) DELEGATION.—(1) Subject to regulations, supervision, and 
review the Administrator may prescribe, the Administrator may 
delegate to a qualified private person, or to an employee under 
the supervision of that person, a matter related to— 
(A) the examination, testing, and inspection necessary to 
issue a certificate under this chapter; and 
(B) issuing the certificate. 
(2) The Administrator may rescind a delegation under this 
subsection at any time for any reason the Administrator considers 
appropriate. 
(3) A person affected by an action of a private person under 
this subsection may apply for reconsideration of the action by the 
Administrator. On the Administrator's own initiative, the Adminis-
trator may reconsider the action of a private person at any time. 
If the Administrator decides on reconsideration that the action 
is unreasonable or unwarranted, the Administrator shall change, 
modify, or reverse the action. If the Administrator decides the 
action is warranted, the Administrator shall affirm the action, 
§ 44703. Airman certificates 
(a) GENERAL.—^The Administrator of the Federal Aviation 
Administration shall issue an airman certificate to an individual 
when the Administrator finds, after investigation, that the individ-
ual is qualified for, and physically able to perform the duties related 
to, the position to be authorized by the certificate. 
(b) CONTENTS.—(1) An airman certificate shall— 
(A) be numbered and recorded by the Administrator of 
the Federal Aviation Administration; 
(B) contain the name, address, and description of the 
individual to whom the certificate is issued; 
(C) contain terms the Administrator decides are necessary 
to ensure safety in air commerce, including terms on the dura-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1187 
tion of the certificate, periodic or special examinations, and 
tests of physical fitness; 
(D) specify the capacity in which the holder of the certificate 
may serve as an airman with respect to an aircraft; and 
(E) designate the class the certificate covers. 
(2) A certificate issued to a pilot serving in scheduled air 
transportation shall have the designation "airline transport pilot" 
of the appropriate class. 
(c) APPEALS.—(1) An individual whose application for the issu-
ance or renewal of an airman certificate has been denied may 
appeal the denial to the National Transportation Safety Board, 
except if the individual holds a certificate that— 
(A) is suspended at the time of denial; or 
(B) was revoked within one year from the date of the 
denial. 
(2) The Board shall conduct a hearing on the appeal at a 
place convenient to the place of residence or employment of the 
applicant. The Board is not bound by findings of fact of the Adminis-
trator of the Federal Aviation Administration but is bound by 
all validly adopted interpretations of laws and regulations the 
Administrator carries out unless the Board finds an interpretation 
is arbitrary, capricious, or otherwise not according to law. At the 
end of the hearing, the Board shall decide whether the individual 
meets the applicable regulations and standards. The Administrator 
is bound by that decision. 
(d) RESTRICTIONS AND PROHIBITIONS.—The Administrator of the 
Federal Aviation Administration may— 
(1) restrict or prohibit issuing an airman certificate to 
an alien; or 
(2) make issuing the certificate to an alien dependent on 
a reciprocal agreement with the government of a foreign 
country. 
(e) CONTROLLED SUBSTANCE VIOLATIONS.—The Administrator 
of the Federal Aviation Administration may not issue an airman 
certificate to an individual whose certificate is revoked under section 
44710 of this title except— 
(1) when the Administrator decides that issuing the certifi-
cate will facilitate law enforcement efforts; and 
(2) as provided in section 44710(e)(2) of this title. 
(f) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the 
Federal Aviation Administration shall make modifications in the 
system for issuing airman certificates necessary to make the system 
more effective in serving the needs of pilots and officials responsible 
for enforcing laws related to the regulation of controlled substances 
(as defined in section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802)). The modifications 
shall ensure positive and verifiable identification of each individual 
applying for or holding a certificate and shall address at least 
each of the following deficiencies in, and abuses of, the existing 
system: 
(A) the use of fictitious names and addresses by applicants 
for those certificates. 
(B) the use of stolen or fraudulent identification in appl5dng 
for those certificates. 
(C) the use by an applicant of a post office box or "mail 
drop" as a return address to evade identification of the 
applicant's address. 
108 STAT. 1188 
PUBLIC LAW 103-272—JULY 5, 1994 
(D) the use of counterfeit and stolen airman certificates 
by pilots. 
(E) the absence of information about physical characteris-
tics of holders of those certificates. 
Regulations. 
(2) The Administrator of the Federal Aviation Administration 
shall prescribe regulations to carry out paragraph (1) of this sub-
section and provide a written explanation of how the regulations 
address each of the deficiencies and abuses described in paragraph 
(1). In prescribing the regulations, the Administrator of the Federal 
Aviation Administration shall consult with the Administrator of 
Drug Enforcement, the Commissioner of Customs, other law enforce-
ment officials of the United States Government, representatives 
of State and local law enforcement officials, representatives of the 
general aviation aircraft industry, representatives of users of gen-
eral aviation aircraft, and other interested persons. 
§44704. Type certiHcates, production certiHcates, and air-
worthiness certiHcates 
(a) TYPE CERTIFICATES.—(1) The Administrator of the Federal 
Aviation Administration shall issue a type certificate for an aircraft, 
aircraft engine, or propeller, or for an appliance specified under 
paragraph (2)(A) of this subsection when the Administrator finds 
that the aircraft, aircraft engine, propeller, or appliance is properly 
designed and manufactured, performs properly, and meets the regu-
lations and minimum standards prescribed under section 44701(a) 
of this title. On receiving an application for a type certificate, 
the Administrator shall investigate the application and may conduct 
a hearing. The Administrator shall make, or require the applicant 
to make, tests the Administrator considers necessary in the interest 
of safety. 
(2) The Administrator may— 
(A) specify in regulations those appliances that reasonably 
require a type certificate in the interest of safety; 
(B) include in a tj^ie certificate terms required in the 
interest of safety; and 
(C) record on the certificate a numerical specification of 
the essential factors related to the performance of the aircraft, 
aircraft engine, or propeller for which the certificate is issued. 
(b) PRODUCTION CERTIFICATES.—^The Administrator shall issue 
a production certificate authorizing the production of a duplicate 
of an aircraft, aircraft engine, propeller, or appliance for which 
a type certificate has been issued when the Administrator finds 
the duplicate will conform to the certificate. On receiving an applica-
tion, the Administrator shall inspect, and may require testing of, 
a duplicate to ensure that it conforms to the requirements of the 
certificate. The Administrator may include in a production certifi-
cate terms required in the interest of safety. 
(c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner 
of an aircraft may apply to the Administrator for an airworthiness 
certificate for the aircraft. The Administrator shall issue an air-
worthiness certificate when the Administrator finds that the aircraft 
conforms to its type certificate and, after inspection, is in condition 
for safe operation. The Administrator shall register each airworthi-
ness certificate and may include appropriate information in the 
certificate. The certificate number or other individual designation 
the Administrator requires shall be displayed on the aircraft. The^ 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1189 
Administrator may include in an airworthiness certificate terms 
required in the interest of safety. 
(2) A person applying for the issuance or renewal of an air-
worthiness certificate for an aircraft for which ownership has not 
been recorded under section 44107 or 44110 of this title must 
submit with the application information related to the ownership 
of the aircraft the Administrator decides is necessary to identify 
each person having a property interest in the aircraft and the 
kind and extent of the interest. 
§ 44705. Air carrier operating certificates 
The Administrator of the Federal Aviation Administration shall 
issue an air carrier operating certificate to a person desiring to 
operate as an air carrier when the Administrator finds, after inves-
tigation, that the person properly and adequately is equipped and 
able to operate safely under this part and regulations and standards 
prescribed under this part. An air carrier operating certificate 
shall— 
(1) contain terms necessary to ensure safety in air transpor-
tation; and 
(2) specify the places to and from which, and the airways 
of the United States over which, a person may operate as 
an air carrier. 
§ 44706. Airport operating certificates 
(a) GENERAL.—^The Administrator of the Federal Aviation 
Administration shall issue an airport operating certificate to a 
person desiring to operate an airport— 
(1) that serves an air carrier operating aircraft designed 
for at least 31 passenger seats; 
(2) that the Administrator requires to have a certificate; 
and 
(3) when the Administrator finds, after investigation, that 
the person properly and adequately is equipped and able to 
operate safely under this part and regulations and standards 
prescribed under this part. 
(b) TERMS.—^An airport operating certificate issued under this 
section shall contain terms necessary to ensure safety in air 
transportation. Unless the Administrator decides that it is not 
in the public interest, the terms shall include conditions related 
to— 
(1) operating and maintaining adequate safety equipment, 
including firefighting and rescue equipment capable of rapid 
access to any part of the airport used for landing, takeoff, 
or surface maneuvering of an aircraft; and 
(2) friction treatment for primary and secondary runways 
that the Secretary of Transportation decides is necessary. 
(c) EXEMPTIONS.—The Administrator may exempt from the 
requirements of this section, related to firefighting and rescue equip-
ment, an operator of an airport described in subsection (a) of this 
section having less than .25 percent of the total number of passenger 
boardings each year at all airports described in subsection (a) 
when the Administrator decides that the requirements are or would 
be unreasonably costly, burdensome, or impractical. 
108 STAT. 1190 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 44707. Examining and rating air agencies 
The Administrator of the Federal Aviation Administration may 
examine and rate the following air agencies: 
(1) civilian schools giving instruction in flying or repairing, 
altering, and maintaining aircraft, aircraft engines, propellers, 
and appliances, on the adequacy of instruction, the suitability 
and airworthiness of equipment, and the competency of instruc-
tors. 
(2) repair stations and shops that repair, alter, and main-
tain aircraft, aircraft engines, propellers, and appliances, on 
the adequacy and suitability of the equipment, facilities, and 
materials for, and methods of, repair and overhaul, and the 
competency of the individuals doing the work or giving instruc-
tion in the work. 
(3) other air agencies the Administrator decides are nec-
essary in the public interest. 
§ 44708. Inspecting and rating air navigation facilities 
The Administrator of the Federal Aviation Administration may 
inspect, classify, and rate an air navigation facility available for 
the use of civil aircraft on the suitability of the facility for that 
use. 
§44709. Amendments, modifications, suspensions, and rev-
ocations of certificates 
(a) REINSPECTION AND REEXAMINATION.—The Administrator of 
the Federal Aviation Administration may reinspect at any time 
a civil aircraft, aircraft engine, propeller, appliance, air navigation 
facility, or air agency, or reexamine an airman holding a certificate 
issued under section 44703 of this title. 
(b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may 
issue an order amending, modifying, suspending, or revoking— 
(1) any part of a certificate issued under this chapter 
if— 
(A) the Administrator decides after conducting a 
reinspection, reexamination, or other investigation that 
safety in air commerce or air transportation and the public 
interest require that action; or 
(B) the holder of the certificate has violated an aircraft 
noise or sonic boom standard or regulation prescribed under 
section 44715(a) of this title; and 
(2) an airman certificate when the holder of the certificate 
is convicted of violating section 13(a) of the Fish and Wildlife 
Act of 1956 (16 U.S.C. 742j-l(a)). 
(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO 
ANSWER.—Before acting under subsection (b) of this section, the 
Administrator shall advise the holder of the certificate of the 
charges or other reasons on which the Administrator relies for 
the proposed action. Except in an emergency, the Administrator 
shall provide the holder an opportunity to answer the charges 
and be heard why the certificate should not be amended, modified, 
suspended, or revoked. 
(d) APPEALS.—(1) A person adversely affected by an order of 
the Administrator under this section may appeal the order to the 
National Transportation Safety Board. After notice and an oppor-
tunity for a hearing, the Board may amend, modify, or reverse 
the order when the Board finds— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1191 
(A) if the order was issued under subsection (b)(1)(A) of 
this section, that safety in air commerce or air transportation 
and the pubhc interest do not require affirmation of the order; 
or 
(B) if the order was issued under subsection (b)(1)(B) of 
this section— 
(i) that control or abatement of aircraft noise or sonic 
boom and the public health and welfare do not require 
affirmation of the order; or 
(ii) the order, as it is related to a violation of aircraft 
noise or sonic boom standards and regulations, is not 
consistent with safety in air commerce or air transpor-
tation. 
(2) The Board may modify a suspension or revocation of a 
certificate to imposition of a civil penalty. 
(3) When conducting a hearing under this subsection, the Board 
is not bound by findings of fact of the Administrator but is bound 
by all validly adopted interpretations of laws and regulations the 
Administrator carries out and of written agency policy guidance 
available to the public related to sanctions to be imposed under 
this section unless the Board finds an interpretation is arbitrary, 
capricious, or otherwise not according to law. 
(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—When a per-
son files an appeal with the Board under subsection (d) of the 
section, the order of the Administrator is stayed. However, if the 
Administrator advises the Board that sin emergency exists and 
safety in air commerce or air transportation requires the order 
to be effective immediately— 
(1) the order is effective; and 
(2) the Board shall make a final disposition of the appeal 
not later than 60 days after the Administrator so advises the 
Board. 
(f) JUDICIAL REVIEW.—^A person substantially affected by an 
order of the Board under this section, or the Administrator when 
the Administrator decides that an order of the Board under this 
section will have a significant adverse impact on carrying out this 
part, may obtain judicial review of the order under section 46110 
of this title. The Administrator shall be made a party to the judicial 
review proceedings. Findings of fact of the Board are conclusive 
if supported by substantial evidence. 
§44710. Revocations of airman certiHcates for controlled 
substance violations 
(a) DEFINITION.—In this section, "controlled substance" has the 
same meaning given that term in section 102 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). 
(b) REVOCATION.—<1) The Administrator of the Federal Aviation 
Administration shall issue an order revoking an airman certificate 
issued an individual under section 44703 of this title after the 
individual is convicted, under a law of the United States or a 
State related to a controlled substance (except a law related to 
simple possession of a controlled substance), of an offense punish-
able by death or imprisonment for more than one year if the 
Administrator finds that— 
(A) an aircraft was used to commit, or facilitate the commis-
sion of, the offense; and 
108 STAT. 1192 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) the individual served as an airman, or was on the 
aircraft, in connection with committing, or faciUtating the 
commission of, the offense. 
(2) The Administrator shall issue an order revoking an airman 
certificate issued an individual under section 44703 of this title 
if the Administrator finds that— 
(A) the individual knowingly carried out an activity punish-
able, under a law of the United States or a State related 
to a controlled substance (except a law related to simple posses-
sion of a controlled substance), by death or imprisonment for 
more than one year; 
(B) an aircraft was used to carry out or facilitate the 
activity; and 
(C) the individual served as an airman, or was on the 
aircraft, in connection with carrying out, or facilitating the 
carrying out of, the activity. 
(3) The Administrator has no authority under paragraph (1) 
of this subsection to review whether an airman violated a law 
of the United States or a State related to a controlled substance. 
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before 
the Administrator revokes a certificate under subsection (b) of this 
section, the Administrator must— 
(1) advise the holder of the certificate of the charges or 
reasons on which the Administrator relies for the proposed 
revocation; and 
(2) provide the holder of the certificate an opportunity 
to answer the charges and be heard why the certificate should 
not be revoked. 
(d) APPEALS.—(1) An individugJ whose certificate is revoked 
by the Administrator under subsection (b) of this section may appeal 
the revocation order to the National Transportation Safety Board. 
The Board shall affirm or reverse the order after providing notice 
and an opportunity for a hearing on the record. When conducting 
the hearing, the Board is not bound by findings of fact of the 
Administrator but shall be bound by all validly adopted interpreta-
tions of laws and regulations the Administrator carries out and 
of written agency policy guidance available to the public related 
to sanctions to be imposed under this section unless the Board 
finds an interpretation is arbitrary, capricious, or otherwise not 
according to law. 
(2) When an individual files an appeal with the Board under 
this subsection, the order of the Administrator revoking the certifi-
cate is stayed. However, if the Administrator advises the Board 
that safety in air transportation or air commerce requires the 
immediate effectiveness of the order— 
(A) the order remains effective; and 
(B) the Board shall make a final disposition of the appeal 
not later than 60 days after the Administrator so advises the 
Board. 
(3) An individual substantially affected by an order of the 
Board under this subsection, or the Administrator when the 
Administrator decides that an order of the Board will have a signifi-
cant adverse effect on carrying out this part, may obtain judicial 
review of the order under section 46110 of this title. The Adminis-
trator shall be made a party to the judici£d review proceedings. 
Findings of fact of the Board are conclusive if supported by substan-
tial evidence. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1193 
(e) ACQUITTAL.—(1) The Administrator may not revoke, and 
the Board may not affirm a revocation of, an airman certificate 
under subsection (b)(2) of this section on the basis of an activity 
described in subsection (b)(2)(A) if the holder of the certificate 
is acquitted of all charges related to a controlled substance in 
an indictment or information arising from the activity. 
(2) If the Administrator has revoked an airman certificate under 
this section because of an activity described in subsection (b)(2)(A) 
of this section, the Administrator shall reissue a certificate to the 
individual if— 
(A) the individual otherwise satisfies the requirements for 
a certificate under section 44703 of this title; and 
(B)(i) the individual subsequently is acquitted of all charges 
related to a controlled substance in an indictment or informa-
tion arising from the activity; or 
(ii) the conviction on which a revocation under subsection 
(b)(1) of this section is based is reversed. 
(f) WAIVERS.—^The Administrator may waive the requirement 
of subsection (b) of this section that an airman certificate of an 
individual be revoked i
f
— 
(1) a law enforcement official of the United States Govern-
ment or of a State requests a waiver; and 
(2) the Administrator decides that the waiver will facilitate 
law enforcement efforts. 
§44711. Prohibitions and exemption 
(a) PROHIBITIONS.—^A person may not— 
(1) operate a civil aircraft in air commerce without an 
airworthiness certificate in effect or in violation of a term 
of the certificate; 
(2) serve in any capacity as an airman with respect to 
a civil aircraft, aircr£ifl engine, propeller, or appliance used, 
or intended for use, in air commerce— 
(A) without an airman certificate authorizing the air-
man to serve in the capacity for which the certificate was 
issued; or 
(B) in violation of a term of the certificate or a regula-
tion prescribed or order issued under section 44701(a) or 
(b) or 44702-44716 of this title; 
(3) employ for service related to civil aircraft used in air 
commerce an airman who does not have an airman certificate 
authorizing the airman to serve in the capacity for which the 
airman is employed; 
(4) operate as an air carrier without an air carrier operating 
certificate or in violation of a term of the certificate; 
(5) operate aircraft in air commerce in violation of a regula-
tion prescribed or certificate issued under section 44701(a) or 
(b) or 44702-44716 of this title; 
(6) operate a seaplane or other aircraft of United States 
registry on the high seas in violation of a regulation under 
section 3 of the International Navigational Rules Act of 1977 
(33 US.C. 1602); 
(7) violate a term of an air agency or production certificate 
or a regulation prescribed or order issued under section 
44701(a) or (b) or 44702-44716 of this title related to the 
holder of the certificate; 
108 STAT. 1194 
PUBLIC LAW 103-272—JULY 5, 1994 
(8) operate an airport without an airport operating certifi-
cate required under section 44706 of this title or in violation 
of a term of the certificate; or 
(9) manufacture, deliver, sell, or offer for sale any aviation 
fuel or additive in violation of a regulation prescribed under 
section 44714 of this title. 
(b) EXEMPTION.—On terms the Administrator of the Federal 
Aviation Administration prescribes as being in the public interest, 
the Administrator may exempt a foreign aircraft and airmen serving 
on the aircraft from subsection (a) of this section. However, an 
exemption from observing air traffic regulations may not be granted. 
§ 44712. Emergency locator transmitters 
(a) INSTALLATION.—An emergency locator transmitter must be 
installed on a fixed-wing powered civil aircraft for use in air com-
merce. 
(b) NONAPPLICATION.—Subsection (a) of this section does not 
apply to— 
(1) turbojet-powered aircraft; 
(2) aircraft when used in scheduled flights by scheduled 
air carriers holding certificates issued by the Secretary of 
Transportation under subpart II of this part; 
(3) aircraft when used in training operations conducted 
entirely within a 50 mile radius of the airport from which 
the training operations begin; 
(4) aircraft when used in flight operations related to design 
and testing, the manufacture, preparation, and delivery of the 
aircraft, or the aerial application of a substance for an agricul-
tural purpose; 
(5) aircraft holding certificates from the Administrator of 
the Federal Aviation Administration for research and develop-
ment; 
(6) aircraft when used for showing compliance with regula-
tions, crew training, exhibition, air racing, or market surveys; 
and 
(7) aircraft equipped to carry only one individual. 
Regulations. 
(c) REMOVAL.—^The Administrator shall prescribe regulations 
specifying the conditions under which an aircraft subject to sub-
section (a) of this section may operate when its emergency locator 
transmitter has been removed for inspection, repair, alteration,, 
or replacement. 
§ 44713. Inspection and maintenance 
(a) GENERAL EQUIPMENT REQUIREMENTS.—^An air carrier shall 
make, or cause to be made, any inspection, repair, or maintenance 
of equipment used in air transportation as required by this part 
or regulations prescribed or orders issued by the Administrator 
of the Federal Aviation Administration under this part. A person 
operating, inspecting, repairing, or maintaining the equipment shall 
comply with those requirements, regulations, and orders. 
(b) DUTIES OF INSPECTORS.—The Administrator of the Federal 
Aviation Administration shall employ inspectors who shall— 
(1) inspect aircraft, aircraft engines, propellers, and appli-
' 
ances designed for use in air transportation, during manufac-
ture and when in use by an air carrier in air transportation, 
to enable the Administrator to decide whether the aircraft, 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1195 
aircraft engines, propellers, or appliances are in safe condition 
and maintained properly; and 
(2) advise and cooperate with the air carrier during that 
inspection and maintenance. 
(c) 
UNSAFE 
AIRCRAFT, 
ENGINES, 
PROPELLERS, 
AND APPLI-
ANCES.—^When an inspector decides that an aircraft, aircraft engine, 
propeller, or appliance is not in condition for safe operation, the 
inspector shall notify the air carrier in the form and way prescribed 
by the Administrator of the Federal Aviation Administration. For 
5 days after the carrier is notified, the aircraft, engine, propeller, 
or appliance may not be used in air transportation or in a way 
that endangers air transportation unless the Administrator or the 
inspector decides the aircraft, engine, propeller, or appliance is 
in condition for safe operation. 
(d) MODIFICATIONS IN SYSTEM.—(1) The Administrator of the 
Federal Aviation Administration shall make modifications in the 
system for processing forms for major repairs or alterations to 
fuel tanks and fuel systems of aircraft not used to provide air 
transportation that are necessary to make the system more effective 
in serving the needs of users of the system, including officials 
responsible for enforcing laws related to the regulation of controlled 
substances (as defined in section 102 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The 
modifications shall address at least each of the following deficiencies 
in, and abuses of, the existing system: 
(A) the lack of a special identification feature to allow 
the forms to be distinguished easily from other major repair 
and alteration forms. 
(B) the excessive period of time required to receive the 
forms at the Airmen and Aircraft Registry of the Administra-
tion. 
(C) the backlog of forms waiting for processing at the 
Registry. 
(D) the lack of ready access by law enforcement officials 
to information contained on the forms. 
(2) The Administrator of the Federal Aviation Administration 
Regulations, 
shall prescribe regulations to carry out paragraph (1) of this sub-
section and provide a written explanation of how the regulations 
address each of the deficiencies and abuses described in paragraph 
(1). In prescribing the regulations, the Administrator of the Federal 
Aviation Administration shall consult with the Administrator of 
Drug Enforcement, the Commissioner of Customs, other law enforce-
ment officials of the United States Government, representatives 
of State and local law enforcement officials, representatives of the 
general aviation aircraft industry, representatives of users of gen-
eral aviation aircraft, and other interested persons. 
§ 44714. Aviation fuel standards 
The Administrator of the Federal Aviation Administration shall 
prescribe— 
(1) standards for the composition or chemical or physical 
properties of an aircrsift fuel or fuel additive to control or 
eliminate aircraft emissions the Administrator of the Environ-
mental Protection Agency decides under section 231 of the 
Clean Air Act (42 U.S.C. 7571) endanger the public health 
or welfare; and 
108 STAT. 1196 
PUBLIC LAW 103-272—JULY 5, 1994 
Publication. 
(2) regulations providing for carrying out and enforcing 
those standards. 
§ 44715. Controlling aircraft noise and sonic boom 
(a) STANDARDS AND REGULATIONS.—(1) To relieve and protect 
the public health and welfare from aircraft noise and sonic boom, 
the Administrator of the Federal Aviation Administration shall 
prescribe— 
(A) standards to measure aircraft noise and sonic boom; 
and 
(B) regulations to control and abate aircraft noise and 
sonic boom. 
(2) The Administrator of the Federal Aviation Administration 
may prescribe standards and regulations under this subsection 
only after consulting with the Administrator of the Environmental 
Protection Agency. The standards and regulations shall be applied 
when issuing, amending, modifying, suspending, or revoking a cer-
tificate authorized under this chapter. 
(3) An original type certificate may be issued under section 
44704(a) of this title for an aircraft for which substantial noise 
abatement can be achieved only after the Administrator of the 
Federal Aviation Administration prescribes standards and regula-
tions under this section that apply to that aircraft. 
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a 
standard or regulation under this section, the Administrator of 
the Federal Aviation Administration shall— 
(1) consider relevant information related to aircraft noise 
and sonic boom; 
(2) consult with appropriate departments, agencies, and 
instrumentalities of the United States Government and State 
and interstate authorities; 
(3) consider whether the standard or regulation is consist-
ent with the highest degree of safety in air transportation 
or air commerce in the public interest; 
(4) consider whether the standard or regulation is economi-
cally reasonable, technologically practicable, and appropriate 
for the applicable aircraft, aircraft engine, appliance, or certifi-
cate; and 
(5) consider the extent to which the standard or regulation 
will carry out the purposes of this section. 
(c) PROPOSED REGULATIONS OF ADMINISTRATOR OF ENVIRON-
MENTAL PROTECTION AGENCY.—The Administrator of the Environ-
mental Protection Agency shall submit to the Administrator of 
the Federal Aviation Administration proposed regulations to control 
and abate aircraft noise and sonic boom (including control and 
abatement through the use of the authority of the Administrator 
of the Federal Aviation Administration) that the Administrator 
of the Environmental Protection Agency considers necessary to pro-
tect the public health and welfare. The Administrator of the Federal 
Aviation Administration shall consider those proposed regulations 
and shall publish them in a notice of proposed regulations not 
later than 30 days after they are received. Not later than 60 
days after publication, the Administrator of the Federal Aviation 
Administration shall begin a hearing at which interested persons 
are given an opportunity for oral and written presentations. Not 
later than 90 days after the hearing is completed and after consult-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1197 
ing with the Administrator of the Environmental Protection Agency, 
the Administrator of the Federal Aviation Administration shall— 
(1) prescribe regulations as provided by this section— 
(A) substantially the same as the proposed regulations 
submitted by the Administrator of the Environmental 
Protection Agency; or 
(B) that amend the proposed regulations; or 
(2) publish in the Federal Register— 
(A) a notice that no regulation is being prescribed 
in response to the proposed regulations of the Adminis-
trator of the Environmental Protection Agency; 
(B) a detailed analysis of, and response to, all informa-
tion the Administrator of the Environmental Protection 
Agency submitted with the proposed regulations; and 
(C) a detailed explanation of why no regulation is 
being prescribed. 
(d) CONSULTATION .AND REPORTS.—(1) If the Administrator of 
the Environmental Protection Agency believes that the action of 
the Administrator of the Federal Aviation Administration under 
subsection (c)(1)(B) or (2) of this section does not protect the public 
health and welfare from aircraft noise or sonic boom, consistent 
with the considerations in subsection (b) of this section, the 
Administrator of the Environmental Protection Agency shall consult 
with the Administrator of the Federal Aviation Administration and 
may request a report on the advisability of prescribing the regula-
tion as originally proposed. The request, including a detailed state-
ment of the information on which the request is based, shall be 
published in the Federal Register. 
(2) The Administrator of the Federal Aviation Administration 
shall report to the Administrator of the Environmental Protection 
Agency within the time, if any, specified in the request. However, 
the time specified must be at least 90 days after the date of 
the request. The report shall— 
(A) be accompanied by a detailed statement of the findings 
of the Administrator of the Federal Aviation Administration 
and the reasons for the findings; 
(B) identify any statement related to an action under sub-
section (c) of this section filed under section 102(2)(C) of the 
National 
Environmental 
Policy Act of 1969 (42 U.S.C. 
4332(2)(C)); 
(C) specify whether and where that statement is available 
for public inspection; and 
(D) be published in the Federal Register unless the request 
proposes specific action by the Administrator of the Federal 
Aviation Administration and the report indicates that action 
will be taken. 
(e) 
SUPPLEMENTAL 
REPORTS.—The 
Administrator 
of 
the 
Environmental Protection Agency may request the Administrator 
of the Federal Aviation Administration to file a supplemental report 
if the report under subsection (d) of this section indicates that 
the proposed regulations under subsection (c) of this section, for 
which a statement under section 102(2)(C) of the Act (42 U.S.C. 
4332(2)(C)) is not required, should not be prescribed. The supple-
mental report shall be published in the Federal Register within 
the time the Administrator of the Environmental Protection Agency 
specifies. However, the time specified must be at least 90 days 
after the date of the request. The supplemental report shall contain 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
Reports. 
Federal 
Register, 
publication. 
79-194 O—95—16 : QL 3 Part 2 
108 STAT. 1198 
PUBLIC LAW 103-272—JULY 5, 1994 
a comparison of the environmental effects, including those that 
cannot be avoided, of the action of the Administrator of the Federal 
Aviation Administration and the proposed regulations of the 
Administrator of the Environmental Protection Agency. 
(f) EXEMPTIONS.—^An exemption from a standard or regulation 
prescribed under this section may be granted only if, before granting 
the exemption, the Administrator of the Federal Aviation Adminis-
tration consults with the Administrator of the Environmental 
Protection Agency. However, if the Administrator of the Federal 
Aviation Administration finds that safety in air transportation or 
air commerce requires an exemption before the Administrator of 
the Environmental Protection Agency can be consulted, the exemp-
tion may be granted. The Administrator of the Federal Aviation 
Administration shall consult with the Administrator of the Environ-
mental Protection Agency as soon as practicable after the exemption 
is granted. 
§ 44716. Collision avoidance systems 
(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of 
the Federal Aviation Administration shall— 
(1) complete the development of the collision avoidance 
system known as TCAS-II so that TCAS-II can operate under 
visual and instrument flight rules and can be upgraded to 
the performance standards applicable to the collision avoidance 
system known as TCAS-III; 
(2) develop and carry out a schedule for developing and 
certifying TCAS-II that will result in certification not later 
than June 30, 1989; and 
Reports. 
(3) submit to Congress monthly reports on the progress 
being made in developing and certifying TCAS-II. 
Regulations. 
(b) INSTALLATION AND OPERATION.—The Administrator shall 
require by regulation that, not later than 30 months after the 
date certification is made under subsection (a)(2) of this section, 
TCAS-II be installed and operated on each civil aircraft that has 
a maximum passenger capacity of at least 31 seats and is used 
to provide air transportation of passengers, including intrastate 
air transportation of passengers. The'Administrator may extend 
the deadline in this subsection for not more than 2 years if the 
Administrator finds the extension is necessary to promote— 
(1) a safe and orderly transition to the operation of a 
fleet of civil aircraft described in this subsection equipped with 
TCAS-II; or 
(2) other safety objectives. 
(c) OPERATIONAL EVALUATION.—Not later than December 30, 
1990, the Administrator shall establish a one-year program to collect 
and assess safety and operational information from civil aircraft 
equipped with TCAS-II for the operational evaluation of TCAS-
II. The Administrator shall encourage foreign air carriers that 
operate civil aircraft equipped with TCAS-II to participate in the 
program. 
(d) AMENDING SCHEDULE FOR WINDSHEAR EQUIPMENT.—The 
Administrator shall consider the feasibility and desirability of 
amending the schedule for installing 
airborne 
low-altitude 
windshear equipment to make the schedule compatible with the 
schedule for installing TCAS-II. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1199 
(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The 
Administrator shall complete developing and certifying TCAS-III 
as soon as possible. 
(2) Necessary amounts may be appropriated from the Airport 
and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this 
subsection. 
(f) INSTALLING AND USING TRANSPONDERS.—The Administrator 
shall prescribe regulations requiring that, not later than December 
30, 1990, operating transponders with automatic altitude reporting 
capability be installed and used for aircraft operating in designated 
terminal airspace where radar service is provided for separation 
of aircraft. The Administrator may provide for access to that air-
space (except terminal control areas and airport radar service areas) 
by nonequipped aircraft if the Administrator finds the access will 
not interfere with the normal traffic flow. 
§44717. Aging aircraft 
(a) INSPECTIONS AND REVIEWS.—The Administrator of the Fed-
eral Aviation Administration shall prescribe regulations that ensure 
the continuing airworthiness of aging aircraft. The regulations pre-
scribed under subsection (a) of this section— 
(1) at least shall require the Administrator to make inspec-
tions, and review the maintenance and other records, of each 
aircraft an air carrier uses to provide air transportation that 
the Administrator decides may be necessary to enable the 
Administrator to decide whether the aircraft is in safe condition 
and maintained properly for operation in air transportation; 
(2) at least shall require an air carrier to demonstrate 
to the Administrator, as part of the inspection, that mainte-
nance of the aircraft's age-sensitive parts and components has 
been adequate and timely enough to ensure the highest degree 
of safety; 
(3) shall require the air carrier to make available to the 
Administrator the aircraft and any records about the aircraft 
that the Administrator requires to carry out a review; and 
(4) shall establish procedures to be followed in carrying 
out an inspection. 
(b) WHEN AND HOW INSPECTIONS AND REVIEWS SHALL B E CAR-
RIED OUT.—(1) Inspections and reviews required under subsection 
(a)(1) of this section shall be carried out as part of each heavy 
maintenance check of the aircraft conducted after the 14th year 
in which the aircraft has been in service. 
(2) Inspections under subsection (a)(1) of this section shall 
be carried out as provided under section 44701(a)(2)(B) and (C) 
of this title. 
(c) AIRCRAFT MAINTENANCE SAFETY PROGRAMS.—The Adminis-
trator shall establish— 
(1) a program to verify that air carriers are maintaining 
their aircraft according to maintenance programs approved by 
the Administrator; 
(2) a program— 
(A) to provide inspectors and engineers of the Adminis-
tration with training necessary to conduct auditing inspec-
tions of aircraft operated by air carriers for corrosion and 
metal fatigue; and 
Regulations. 
Regulations. 
108 STAT. 1200 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) to enhance participation of those inspectors and 
engineers in those inspections; and 
(3) a program to ensure that air carriers demonstrate to 
the Administrator their commitment and technical competence 
to ensure the airworthiness of aircraft that the carriers operate. 
(d) FOREIGN AIR TRANSPORTATION.—(1) The Administrator shall 
take all possible steps to encourage governments of foreign countries 
and relevant international organizations to develop standards and 
requirements for inspections and reviews that— 
(A) will ensure the continuing airworthiness of aging air-
craft used by foreign air carriers to provide foreign air transpor-
tation to and from the United States; and 
(B) will provide passengers of those foreign air carriers 
with the same level of safety that will be provided passengers 
of air carriers by carrying out this section. 
(2) Not later than September 30, 1994, the Administrator shall 
report to Congress on carrying out this subsection. 
§ 44718. Structures interfering with air commerce 
(a) NOTICE.—By regulation or by order when necessary, the 
Secretary of Transportation shall require a person to give adequate 
public notice, in the form and way the Secretary prescribes, of 
the construction, alteration, establishment, or expansion, or the 
proposed construction, alteration, establishment, or expansion, of 
a structure or sanitary landfill when the notice will promote— 
(1) safety in air commerce; and 
(2) the efficient use and preservation of the navigable air-
space and of airport traffic capacity at public-use airports. 
(b) STUDIES.—(1) Under regulations prescribed by the Secretary, 
if the Secretary decides that constructing or altering a structure 
may result in an obstruction of the navigable airspace or an inter-
ference with air navigation facilities and equipment or the navigable 
airspace, the Secretary shall conduct an aeronautical study to decide 
the extent of any adverse impact on the safe and efficient use 
of the airspace, facilities, or equipment. In conducting the study, 
the Secretary shall consider factors relevant to the efficient and 
effective use of the navigable airspace, including— 
(A) the impact on arrival, departure, and en route proce-
dures for aircraft operating under visual flight rules; 
(B) the impact on arrival, departure, and en route proce-
dures for aircraft operating under instrument flight rules; 
(C) the impact on existing public-use airports and aero-
nautical facilities; 
(D) the impact on planned public-use airports and aero-
nautical facilities; and 
(E) the cumulative impact resulting from the proposed 
construction or alteration of a structure when combined with 
the impact of other existing or proposed structures. 
Reports. 
(2) On completing the study, the Secretary shall issue a report 
disclosing completely the extent of the adverse impact on the safe 
and efficient use of the navigable airspace that the Secretary finds 
will result from constructing or altering the structure. 
(c) BROADCAST APPLICATIONS AND TOWER STUDIES.—In carrying 
out laws related to a broadcast application and conducting an 
aeronautical study related to broadcast towers, the Administrator 
of the Federal Aviation Administration and the Federal Communica-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1201 
tions Commission shall take action necessary to coordinate 
efficiently— 
(1) the receipt and consideration of, and action on, the 
application; and 
(2) the completion of any associated aeronautical study. 
§ 44719. Standards for navigational aids 
The Secretary of Transportation shall prescribe regulations on Regulations, 
standards for installing navigational aids, including airport control 
towers. For each type of facility, the regulations shall consider 
at a minimum traffic density (number of aircraft operations without 
consideration of aircraft size), terrain and other obstacles to naviga-
tion, weather characteristics, passengers served, and potential air-
craft operating efficiencies. 
§ 44720. Meteorological services 
(a) RECOMMENDATIONS.—The Administrator of the Federal 
Aviation Administration shall make recommendations to the Sec-
retary of Commerce on providing meteorological services necessary 
for the safe and efficient movement of aircraft in air commerce. 
In providing the services, the Secretary shall cooperate with the 
Administrator and give complete consideration to those rec-
ommendations. 
(b) PROMOTING SAFETY AND EFFICIENCY.—TO promote safety 
and efficiency in air navigation to the highest possible degree, 
the Secretary shall— 
(1) observe, measure, investigate, and study atmospheric 
phenomena, and maintain meteorological stations and offices, 
that are necessary or best suited for finding out in advance 
information about probable weather conditions; 
(2) provide reports to the Administrator to persons engaged 
in civil aeronautics that are designated by the Administrator 
t 
and to other persons designated by the Secretary in a way 
and with a frequency that best will result in safety in, and 
facilitating, air navigation; 
(3) cooperate with persons engaged in air commerce in 
meteorological services, maintain reciprocal arrangements with 
those persons in carrying out this clause, and collect and distrib-
ute weather reports available from aircraft in flight; 
(4) maintain and coordinate international exchanges of 
meteorological information required for the safety and efficiency 
of air navigation; 
(5) in cooperation with other departments, agencies, and 
instrumentalities of the United States Government, meteoro-
logical services of foreign countries, and persons engaged in 
air commerce, participate in developing an international basic 
meteorological reporting network, including the establishment, 
operation, and maintenance of reporting stations on the high 
seas, in polar regions, and in foreign countries; 
(6) coordinate meteorological requirements in the United 
States to maintain standard observations, to promote efficient 
use of facilities, and to avoid duplication of services unless 
the duplication tends to promote the safety and efficiency of 
air navigation; and 
(7) promote and develop meteorological science and foster 
and support research projects in meteorology through the use 
of private and governmental research facilities and provide 
108 STAT. 1202 
PUBLIC LAW 103-272—JULY 5, 1994 
for publishing the results of the projects unless publication 
would not be in the public interest. 
§ 44721. Aeronautical maps and charts 
(a) PUBLICATION.—(1) The Administrator of the Federal Avia-
tion Administration may arrange for the publication of aeronautical 
maps and charts necessary for the safe and efficient movement 
of aircraft in air navigation, using the facilities and assistance 
of departments, agencies, and instrumentalities of the United States 
Government as far as practicable. 
(2) In carrying out paragraph (1) of this subsection, the 
Administrator shall update and arrange for the publication of 
clearly defined routes for navigating through a complex terminal 
airspace area and to and from an airport located in such an area, 
if the Administrator decides that publication of the routes would 
promote safety in air navigation. The routes shall be developed 
in consultation with pilots and other users of affected airports 
and shall be for the optional use of pilots operating under visual 
flight rules. 
(b) INDEMNIFICATION.—The Government shall make an agree-
ment to indemnify any person that publishes a map or chart for 
use in aeronautics from any part of a claim arising out of the 
depiction by the person on the map or chart of a defective or 
deficient flight procedure or airway if the flight procedure or airway 
was— 
(1) prescribed by the Administrator; 
(2) depicted accurately on the map or chart; and 
(3) not obviously defective or deficient. 
§ 44722. Aircraft operations in winter conditions 
Regulations. 
The Administrator of the Federal Aviation Administration shall 
prescribe regulations requiring procedures to improve safety of air-
craft operations during winter conditions. In deciding on the proce-
dures to be required, the Administrator shall consider at least 
aircraft and air traffic control modifications, the availability of 
different types of deicing fluids (considering their efficacy and 
environmental limitations), the types of deicing equipment avail-
able, and the feasibility and desirability of establishing timeframes 
within which deicing must occur under certain types of inclement 
weather. 
§44723. Annual report 
Not later than January 1 of each year, the Secretary of 
Transportation shall submit to Congress a comprehensive report 
on the safety enforcement activities of the Federal Aviation 
Administration during the fiscal year ending the prior September 
30th. The report shall include— 
(1) a comparison of end-of-year staffing levels by operations, 
maintenance, and avionics inspector categories to staffing goals 
and a statement on how staffing standards were applied to 
make allocations between air carrier and general aviation oper-
ations, maintenance, and avionics inspectors; 
(2) schedules showing the range of inspector experience 
by various inspector work force categories, and the number 
of inspectors in each of the categories who are considered 
fully qualified; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1203 
(3) schedules showing the number and percentage of inspec-
tors who have received mandatory training by individual course, 
and the number of inspectors by work force categories, who 
have received all mandatory training; 
(4) a description of the criteria used to set annual work 
programs, an explanation of how these criteria differ from 
criteria used in the prior fiscal year and how the annual work 
programs ensure compliance with appropriate regulations and 
safe operating practices; 
(5) a comparison of actual inspections performed during 
the fiscal year to the annual work programs by field location 
and, for any field location completing less than 80 percent 
of its planned number of inspections, an explanation of why 
annual work program plans were not met; 
(6) a statement of the adequacy of Administration internal 
management controls available to ensure that field managers 
comply with Administration policies and procedures, including 
those on inspector priorities, district office coordination, mini-
mum inspection standards, and inspection followup; 
(7) the status of efforts made by the Administration to 
update inspector guidance documents and regulations to include 
technological, management, and structural changes taking place 
in the aviation industry, including a listing of the backlog 
of all proposed regulatory amendments; 
(8) a list of the specific operational measures of effective-
ness used to evaluate— 
(A) the progress in meeting program objectives; 
(B) the quality of program delivery; and 
(C) the nature of emerging safety problems; 
(9) a schedule showing the number of civil penalty cases 
closed during the 2 prior fiscal years, including the total initial 
and final penalties imposed, the total number of dollars col-
lected, the range of dollar amounts collected, the average case 
processing time, and the range of case processing time; 
(10) a schedule showing the number of enforcement actions 
taken (except civil penalties) during the 2 prior fiscal years, 
including the total number of violations cited, and the number . 
of cited violation cases closed by certificate suspensions, certifi-
cate revocations, warnings, and no action taken; and 
(11) schedules showing the safety record of the aviation 
industry during the fiscal year for air carriers and general 
aviation, including— 
(A) the number of inspections performed when defi-
ciencies were identified compared with inspections when 
no deficiencies were found; 
(B) the frequency of safety deficiencies for each air 
carrier; and 
(C) an analysis based on data of the general status 
of air carrier and general aviation compliance with aviation 
regulations. 
CHAPTER 449—SECURITY 
SUBCHAPTER I—REQUIREMENTS 
Sec. 
44901. 
Screening passengers and property. 
44902. Refusal to transport passengers and property. 
44903. Air transportation security. 
108 STAT. 1204 
PUBLIC LAW 103-272—JULY 5, 1994 
44904. Domestic air transportation system security. 
44905. Information about threats to civil aviation. 
44906. Foreign air carrier security prograuns. 
44907. Security standards at foreign airports. 
44908. Travel advisory and suspension of foreign assistance. 
44909. Passenger manifests. 
44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security. 
44911. Intelligence. 
44912. Research and development. 
44913. Explosive detection. 
44914. Airport construction guidelines. 
44915. Exemptions. 
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 
44931. Director of Intelligence and Security. 
44932. Assistant Administrator for Civil Aviation Security. 
44933. Federal Security Managers. 
44934. Foreign Security Liaison Officers. 
44935. Emplojrment standards and training. 
44936. Employment investigations and restrictions. 
44937. Pronibition on transferring duties and powers. 
44938. Reports. 
SUBCHAPTER I—REQUIREMENTS 
§ 44901. Screening passengers and property 
Regulations. 
(a) GENERAL REQUIREMENTS.—The Administrator of the Federal 
Aviation Administration 
shall prescribe regulations 
requiring 
screening of all passengers and property that will be carried in 
a cabin of an aircraft in air transportation or intrastate air transpor-
tation. The screening must take place before boarding 2ind be carried 
out by a weapon-detecting facility or procedure used or operated 
by an employee or agent of an air carrier, intrastate air carrier, 
or foreign air carrier. 
(b) AMENDING REGULATIONS,—^Notwithstanding subsection (a) 
of this section, the Administrator may amend a regulation pre-
scribed under subsection (a) to require screening only to ensure 
security against criminal violence and aircraft piracy in air 
transportation and intrastate air transportation. 
(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.— 
The Administrator— 
(1) may exempt from this section air transportation oper-
ations, except scheduled passenger operations of an air carrier 
providing air transportation under a certificate issued under 
section 41102 of this title or a permit issued under section 
41302 ofthis title; and 
(2) shall advise Congress of a regulation to be prescribed 
under this section at least 30 days before the effective date 
of the regulation, unless the Administrator decides an emer-
gency exists requiring the regulation to become effective in 
fewer than 30 days and notifies Congress of that decision. 
§ 44902. Refusal to transport passengers and property 
Regulations. 
(a) MANDATORY REFUSAL.—^The Administrator of the Federal 
Aviation Administration shall prescribe regulations requiring an 
air carrier, intrastate air carrier, or foreign air carrier to refuse 
to transport— 
(1) a passenger who does not consent to a search under 
section 44901(a) ofthis title establishing whether the passenger 
is carrying unlawfully a dangerous weapon, explosive, or other 
destructive substance; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1205 
(2) property of a passenger who does not consent to a 
search of the property establishing whether the property unlaw-
fully contains a dangerous weapon, explosive, or other destruc-
tive substance. 
(b) 
PERMISSIVE 
REFUSAL.—Subject 
to regulations 
of 
the 
Administrator, an air carrier, intrastate air carrier, or foreign air 
carrier may refuse to transport a passenger or property the carrier 
decides is, or might be, inimical to safety. 
(c) AGREEING TO CONSENT TO SEARCH.—^An agreement to carry 
passengers or property in air transportation or intrastate air 
transportation by an air carrier, intrastate air carrier, or foreign 
air carrier is deemed to include an agreement that the passenger 
or property will not be carried if consent to search the passenger 
or property for a purpose referred to in this section is not given, 
§ 44903. Air transportation security 
(a) DEFINITION.—In this section, "law enforcement personnel" 
means individuals— 
(1) authorized to carry and use firearms; 
(2) vested with the degree of the police power of arrest 
the Administrator of the Federal Aviation Administration 
considers necessary to carry out this section; and 
(3) identifiable by appropriate indicia of authority. 
(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—^The Adminis-
trator shall prescribe rejjulations to protect passengers and property 
on an aircraft operating in air transportation or intrastate air 
transportation against an act of criminal violence or aircraft piracy. 
When prescribing a regulation under this subsection, the Adminis-
trator shall— 
(1) consult with the Secretary of Transportation, the Attor-
ney General, the heads of other departments, agencies, and 
instrumentalities of the United States Government, and State 
and local authorities; 
(2) consider whether a proposed regulation is consistent 
with— 
(A) protecting passengers; and 
(B) the public interest in promoting air transportation 
and intrastate air transportation; 
(3) to the maximum extent practicable, require a uniform 
procedure for searching and detaining passengers and property 
to ensure— 
(A) their safety; and 
(B) courteous and efficient treatment by an air carrier, 
an agent or employee of an air carrier, and Government, 
State, and local law enforcement personnel carrying out 
this section; and 
(4) consider the extent to which a proposed regulation 
will carry out this section. 
(c) SECURITY PROGRiUVis.—(1) The Administrator shall prescribe 
regulations under subsection (b) of this section that require each 
operator of an airport regularly serving an air carrier holding 
a certificate issued by the Secretary of Transportation to establish 
an air transportation security program that provides a law enforce-
ment presence and capability at each of those airports that is 
adequate to ensure the safety of passengers. The regulations shall 
authorize the operator to use the services of qualified State, local, 
and private law enforcement personnel. When the Administrator 
Regulations. 
Regulations. 
108 STAT. 1206 
PUBLIC LAW 103-272—JULY 5, 1994 
decides, after being notified by an operator in the form the Adminis-
trator prescribes, that not enough qualified State, local, and private 
law enforcement personnel are available to carry out subsection 
(b), the Administrator may authorize the operator to use, on a 
reimbursable basis, personnel employed by the Administrator, or 
by another department, agency, or instrumentality of the Govern-
ment with the consent of the head of the department, agency, 
or instrumentality, to supplement State, local, and private law 
enforcement personnel. When deciding whether additional personnel 
are needed, the Administrator shall consider the number of pas-
sengers boarded at the airport, the extent of anticipated risk of 
criminal violence or aircraft piracy at the airport or to the air 
carrier aircraft operations at the airport, and the availability of 
qualified State or local law enforcement personnel at the airport. 
(2)(A) The Administrator may approve a security program of 
an airport operator, or an amendment in an existing program, 
that incorporates a security program of an airport tenant (except 
an air carrier separately complying with part 108 or 129 of title 
14, Code of Federal Regulations) having access to a secured area 
of the airport, if the program or amendment incorporates— 
(i) the measures the tenant will use, within the tenant's 
leased areas or areas designated for the tenant's exclusive 
use under an agreement with the airport operator, to carry 
out the security requirements imposed by the Administrator 
on the airport operator under the access control system require-
ments of section 107.14 of title 14, Code of Federal Regulations, 
or under other requirements of part 107 of title 14; and 
(ii) the methods the airport operator will use to monitor 
and audit the tenant's compliance with the security require-
ments and provides that the tenant will be required to pay 
monetary penalties to the airport operator if the tenant fails 
to carry out a security requirement under a contractual provi-
sion or requirement imposed by the airport operator. 
(B) If the Administrator approves a program or amendment 
described in subparagraph (A) of this paragraph, the airport opera-
tor may not be found to be in violation of a requirement of this 
subsection or subsection (b) of this section when the airport operator 
demonstrates that the tenant or an employee, permittee, or invitee 
of the tenant is responsible for the violation and that the airport 
operator has complied with all measures in its security program 
for securing compliance with its security program by the tenant. 
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE 
ARRESTS.—^With the approval of the Attorney General and the Sec-
retary of State, the Secretary of Transportation may authorize 
an individual who carries out air transportation security duties— 
(1) to carry firearms; and 
(2) to make arrests without warrant for an offense against 
the United States committed in the presence of the individual 
or for a felony under the laws of the United States, if the 
individual reasonably believes the individual to be arrested 
has committed or is committing a felony. 
(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—^The 
Administrator has the exclusive responsibility to direct law enforce-
ment activity related to the safety of passengers on an aircraft 
involved in an offense under section 46502 of this title from the 
moment all external doors of the aircraft are closed following 
boarding until those doors are opened to allow passengers to leave 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1207 
the aircraft. When requested by the Administrator, other depart-
ments, agencies, and instrumentalities of the Government shall 
provide assistance necessary to carry out this subsection. 
§ 44904. Domestic air transportation system security 
(a) ASSESSING THREATS.—The Administrator of the Federal 
Aviation Administration and the Director of the Federal Bureau 
of Investigation jointly shall assess current and potential threats 
to the domestic air transportation system. The assessment shall 
include consideration of the extent to which there are individuals 
with the capability and intent to carry out terrorist or related 
unlawful acts against that system and the ways in which those 
individuals might carr/ out those acts. The Administrator and 
the Director jointly shall decide on and carry out the most effective 
method for continuous analysis and monitoring of security threats 
to that system. 
(b) ASSESSING SECURITY.—In coordination with the Director, 
the Administrator shall carry out periodic threat and vulnerability 
assessments on security at each airport that is part of the domestic 
air transportation system. Each assessment shall include consider-
ation of— 
(1) the adequacy of security procedures related to the han-
dling and transportation of checked baggage and cargo; 
(2) space requirements for security personnel and equip-
ment; 
(3) separation of screened and unscreened passengers, bag-
gage, and cargo; 
(4) separation of the controlled and uncontrolled areas of 
airport facilities; and 
(5) coordination of the activities of security personnel of 
the Administration, the United States Customs Service, the 
Immigration and Naturalization Service, and air carriers, and 
of other law enforcement personnel. 
(c) IMPROVING SECURITY.—The Administrator shall take nec-
essary actions to improve domestic air transportation security by 
correcting any deficiencies in that security discovered in the assess-
ments, analyses, and monitoring carried out under this section. 
§ 44905. Information about threats to civil aviation 
(a) PROVIDING INFORMATION.—Under guidelines the Secretary 
of Transportation prescribes, an air carrier, airport operator, ticket 
agent, or individual employed by an air carrier, airport operator, 
or ticket agent, receiving information (except a communication 
directed by the United States Government) about a threat to civil 
aviation shall provide the information promptly to the Secretary. 
(b) FLIGHT CANCELLATION.—If a decision is made that a particu-
lar threat cannot be addressed in a way adequate to ensure, to 
the extent feasible, the safety of passengers and crew of a particular 
flight or series of flights, the Administrator of the Federal Aviation 
Administration shall cancel the flight or series of flights. 
(c) GUIDELINES ON PUBLIC NOTICE.—(1) The President shall President, 
develop guidelines for ensuring that public notice is provided in 
appropriate cases about threats to civil aviation. The guidelines 
shall identify officials responsible for— 
(A) deciding, on a case-by-case basis, if public notice of 
a threat is in the best interest of the United States and the 
traveling public; 
108 STAT. 1208 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) ensuring that public notice is provided in a timely 
and effective way, including the use of a toll-free telephone 
number; and 
(C) canceling the departure of a flight or series of flights 
under subsection (b) of this section. 
(2) The guidelines shall provide for consideration of— 
(A) the specificity of the threat; 
(B) the credibility of intelligence information related to 
the threat; 
(C) the ability to counter the threat effectively; 
(D) the protection of intelligence information sources and 
methods; 
(E) cancellation, by an air carrier or the Administrator, 
of a flight or series of flights instead of public notice; 
(F) the ability of passengers and crew to take steps to 
reduce the risk to their safety after receiving public notice 
of a threat; and 
(G) other factors the Administrator considers appropriate. 
(d) GUIDELINES ON NOTICE TO CREWS.—^The Administrator shall 
develop guidelines for ensuring that notice in appropriate cases 
of threats to the security of an air carrier flight is provided to 
the flight crew and cabin crew of that flight. 
(e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—^Notice 
of a threat to civil aviation may be provided to selective potential 
travelers only if the threat applies only to those travelers. 
(0 RESTRICTING ACCESS TO INFORMATION.—In cooperation with 
the departments, agencies, and instrumentalities of the Government 
that collect, receive, and analyze intelligence information related 
to aviation security, the Administrator shall develop procedures 
to minimize the number of individuals who have access to informa-
tion about threats. However, a restriction on access to that informa-
tion may be imposed only if the restriction does not diminish 
the ability of the Government to carry out its duties and powers 
related to aviation security effectively, including providing notice 
to the public and flight and cabin crews under this section. 
(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed 
under this section shall be distributed for use by appropriate offi-
cials of the Department of Transportation, the Department of State, 
the Department of Justice, and air carriers. 
§ 44906. Foreign air carrier security programs 
The Administrator of the Federal Aviation Administration shall 
continue in effect the requirement of section 129.25 of title 14, 
Code of Federal Regulations, that a foreign air carrier must adopt 
and use a security program approved by the Administrator. The 
Administrator may approve a security program of a foreign air 
carrier under section 129.25 only if the Administrator decides the 
security program provides passengers of the foreign air carrier 
a level of protection similar to the level those passengers would 
receive under the security programs of air carriers serving the 
same airport. The Administrator shall require a foreign air carrier 
to use procedures equivalent to those required of air carriers serving 
the same airport if the Administrator decides that the procedures 
are necessary to provide a level of protection similar to that provided 
Regulations. 
passengers of the air carriers serving the same airport. The 
Administrator shall prescribe regulations to carry out this section. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1209 
§ 44907. Security standards at foreign airports 
(a) ASSESSMENT.—(1) At intervals the Secretary of Transpor-
tation considers necessary, the Secretary shall assess the effective-
ness of the security measures maintained at— 
(A) a foreign aiiport— 
(i) served by an air carrier; 
(ii) from which a foreign air carrier serves the United 
States; or 
(iii) that poses a high risk of introducing danger to 
international air travel; and 
(B) other foreign airports the Secretary considers appro-
priate. 
(2) The Secretary of Transportation shall conduct an assessment 
under paragraph (1) of this subsection— 
(A) in consultation with appropriate aeronautic authorities 
of the government of a foreign country concerned and each 
air carrier serving the foreign airport for which the Secretary 
is conducting the assessment; 
(B) to establish the extent to which a foreign airport effec- 
-
tively maintains and carries out security measures; and 
(C) by using a standard that will result in an analysis 
of the security measures at the airport based at least on the 
standards and appropriate recommended practices contained 
in Annex 17 to the Convention on International Civil Aviation 
in effect on the date of the assessment. 
(3) Each report to Congress required under section 44938(b) 
of this title shall contain a summary of the assessments conducted 
under this subsection. 
(b) CONSULTATION.—In carrying out subsection (a) of this sec-
tion, the Secretary of Transportation shall consult with the Sec-
retary of State— 
(1) on the terrorist threat that exists in each country; 
and 
(2) to establish which foreign airports are not under the 
de facto control of the government of the foreign country in 
which they are located and pose a high risk of introducing 
danger to international air travel. 
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of 
Transportation, after conducting an assessment under subsection 
(a) of this section, decides that an airport does not maintain and 
carry out effective security measures, the Secretary of Transpor-
tation, after advising the Secretary of State, shall notify the appro-
priate authorities of the government of the foreign country of the 
decision and recommend the steps necessary to bring the security 
measures in use at the airport up to the standard used by the 
Secretary of Transportation in making the assessment. 
(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING 
OUT EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of 
Transportation decides under this section that an airport does not 
maintain and carry out effective security measures— 
(A) the Secretary of Transportation shall— 
(i) publish the identity of the airport in the Federal Federal 
Register; 
Register, 
(ii) have the identity of the airport posted and displayed Publication, 
prominently at all United States airports at which sched-
uled air carrier operations are provided regularly; and 
(iii) notify the news media of the identity of the airport; 
108 STAT. 1210 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) each air carrier and foreign air carrier providing 
transportation between the United States and the airport shall 
provide written notice of the decision, on or with the ticket, 
to each passenger buying a ticket for transportation between 
the United States and the airport; 
(C) notwithstanding section 40105(b) of this title, the Sec-
retary of Transportation, sifter consulting with the appropriate 
aeronautic authorities of the foreign country concerned and 
each air carrier serving the airport and with the approval 
of the Secretary of State, may withhold, revoke, or prescribe 
conditions on the operating authority of an air carrier or foreign 
air carrier that uses that airport to provide foreign air transpor-
tation; and 
(D) the President may prohibit an air carrier or foreign 
air carrier from providing transportation between the United 
States and any other foreign airport that is served by aircraft 
flying to or from the airport with respect to which a decision 
is made under this section. 
(2)(A) Paragraph (1) of this subsection becomes effective— 
(i) 90 days after the government of a foreign country is 
notified under subsection (c) of this section if the Secretary 
of Transportation finds that the government has not brought 
the security measures at the airport up to the standard the 
Secretary used in making an assessment under subsection (a) 
of this section; or 
(ii) immediately on the decision of the Secretary of 
Transportation under subsection (c) of this section if the Sec-
retary of Transportation decides, after consulting with the Sec-
retary of State, that a condition exists that threatens the safety 
or security of passengers, aircraft, or crew traveling to or from 
the airport. 
(B) The Secretary of Transportation immediately shall notify 
the Secretary of State of a decision under subparagraph (A)(ii) 
of this paragraph so that the Secretary of State may issue a travel 
advisory required under section 44908(a) of this title. 
Reports. 
(3) The Secretary of Transportation promptly shall submit to 
Congress a report (and classified annex if necessary) on action 
taken under paragraph (1) or (2) of this subsection, including 
information on attempts made to obtain the cooperation of the 
government of a foreign country in meeting the standard the Sec-
retary used in assessing the airport under subsection (a) of this 
section. 
(4) An action required under paragraph (1)(A) and (B) of this 
subsection is no longer required only if the Secretary of Transpor-
tation, in consultation with the Secretary of State, decides that 
effective security measures are maintained and carried out at the 
airport. The Secretary of Transportation shall notify Congress when 
the action is no longer required to be taken. 
(e) SUSPENSIONS.—Notwithstanding sections 40105(b) 
and 
40106(b) of this title, the Secretary of Transportation, with the 
approval of the Secretary of State and without notice or a hearing, 
shall suspend the right of an air carrier or foreign air carrier 
to provide foreign air transportation, and the right of a person 
to operate aircraft in foreign air commerce, to or from a foreign 
airport when the Secretary of Transportation decides that— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1211 
(1) a condition exists that threatens the safety or security 
of passengers, aircraft, or crew travehng to or from that airport; 
and 
(2) the pubHc interest requires an immediate suspension 
of transportation between the United States and that airport. 
(f) CONDITION OF CARRIER AUTHORITY.—This section is a condi-
tion to authority the Secretary of Transportation grants under 
this part to an air carrier or foreign air carrier. 
§ 44908. Travel advisory and suspension of foreign assistance 
(a) TRAVEL ADVISORIES.—On being notified by the Secretary 
of Transportation that the Secretary of Transportation has decided 
under section 44907(d)(2)(A)(ii) of this title that a condition exists 
that threatens the safety or security of passengers, aircraft, or 
crew traveling to or from a foreign airport that the Secretary 
of Transportation has decided under section 44907 of this title 
does not maintain and carry out effective security measures, the 
Secretary of State— 
(1) immediately shall issue a travel advisory for that air-
port; 
(2) shall publish the advisory in the Federal Register; and 
(3) shall publicize the advisory widely. 
(b) SUSPENDING ASSISTANCE.—The President shall suspend 
assistance provided under the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 
2751 et seq.) to a country in which is located an airport with 
respect to which section 44907(d)(1) of this title becomes effective 
if the Secretary of State decides the country is a high terrorist 
threat country. The President may waive this subsection if the 
President decides, and reports to Congress, that the waiver is 
required because of national security interests or a humanitarian 
emergency. 
(c) ACTIONS NO LONGER REQUIRED.—^An action required under 
this section is no longer required only if the Secretary of Transpor-
tation has made a decision as provided under section 44907(d)(4) 
of this title. The Secretary shall notify Congress when the action 
is no longer required to be taken. 
§ 44909. Passenger manifests 
(a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 
16, 1991, the Secretary of Transportation shall require each air 
carrier to provide a passenger manifest for a flight to an appropriate 
representative of the Secretary of State— 
(A) not later than one hour after that carrier is notified 
of an aviation disaster outside the United States involving 
that flight; or 
(B) if it is not technologically feasible or reasonable to 
comply with clause (A) of this paragraph, then as expeditiously 
as possible, but not later than 3 hours after the carrier is 
so notified. 
(2) The passenger manifest shall include the following informa-
tion: 
(A) the full name of each passenger. 
(B) the passport number of each passenger, if required 
for travel. 
(C) the name and telephone number of a contact for each 
passenger. 
Federal 
Register, 
publication. 
President. 
108 STAT. 1212 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) In carrying out this subsection, the Secretary of Transpor-
tation shall consider the necessity and feasibility of requiring air 
carriers to collect passenger manifest information as a condition 
for passengers boarding a flight of the carrier. 
(b) FOREIGN AIR CARRIER REQUIREMENTS.—^The Secretary of 
Transportation shall consider imposing a requirement on foreign 
air carriers comparable to that imposed on air carriers under sub-
section (a)(1) and (2) of this section. 
§ 44910. Agreements on aircraft sabotage, aircraft hijacking, 
and airport security 
The Secretary of State shall seek multilateral and bilateral 
agreement on strengthening enforcement measures and standards 
for compliance related to aircraft sabotage, aircraft hijacking, and 
airport security. 
§44911. Intelligence 
(a) DEFINITION.—In this section, "intelligence community" 
means the intelligence and intelligence-related activities of the fol-
lowing units of the United States Government: 
(1) the Department of State. 
(2) the Department of Defense. 
(3) the Department of the Treasury. 
(4) the Department of Energy. 
(5) the Departments of the Army, Navy, and Air Force. 
(6) the Central Intelligence Agency. 
(7) the National Security Agency. 
(8) the Defense Intelligence Agency. 
(9) the Federal Bureau of Investigation. 
(10) the Drug Enforcement Administration. 
(b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The 
head of each unit in the intelligence community shall prescribe 
policies and procedures to ensure that intelligence reports about 
international terrorism are made available, as appropriate, to the 
heads of other units in the intelligence community, the Secretary 
of Transportation, and the Administrator of the Federal Aviation 
Administration. 
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads 
of the units in the intelligence community shall consider placing 
greater emphasis on strategic intelligence efforts by establishing 
a unit for strategic planning on terrorism. 
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request 
of the Secretary, the Director of Central Intelligence shall designate 
at least one intelligence officer of the Central Intelligence Agency 
to serve in a senior position in the Office of the Secretary. 
(e) WRITTEN WORKING AGREEMENTS.—The heads of units in 
the intelligence community, the Secretary, and the Administrator 
shall review and, as appropriate, revise written working agreements 
between the intelligence community and the Administrator. 
§44912. Research and development 
(a) PROGRAM REQUIREMENT.—(1) The Administrator of the Fed-
eral Aviation Administration shall establish and carry out a pro-
gram to accelerate and expand the research, development, and 
implementation of technologies and procedures to counteract terror-
ist acts against civil aviation. The program shall provide for develop-
ing and having in place, not later than November 16, 1993, new 
PUBLIC LAW 103-272-JULY 5, 1994 
108 STAT. 1213 
equipment and procedures necessary to meet the technological chal-
lenges presented by terrorism. The program shall include research 
on, and development of, technological improvements and ways to 
enhance human performance. 
(2) In designing and carrying out the program established under 
this subsection, the Administrator shall— 
(A) consult and coordinate activities with other depart-
ments, agencies, and instrumentalities of the United States 
Government doing similar research; 
(B) identify departments, agencies, and instrumentalities 
that would benefit from that research; and 
(C) seek cost-sharing agreements with those departments, 
agencies, and instrumentalities. 
(3) In carrying out the program established under this sub-
section, the Administrator shall review and consider the annual 
reports the Secretary of Transportation submits to Congress on 
transportation security and intelligence. 
(4) The Administrator may— 
(A) make grants to institutions of higher learning and 
other appropriate research facilities with demonstrated ability 
to carry out research described in paragraph (1) of this sub-
section, and fix the amounts and terms of the grants; and 
(B) make cooperative agreements with 
governmental 
authorities the Administrator decides are appropriate. 
(b) REVIEW OF THREATS.—(1) The Administrator shall complete 
an intensive review of threats to civil aviation, with particular 
focus on— 
(A) explosive material that presents the most significant 
threat to civil aircraft; 
(B) the minimum amounts, configurations, and types of 
explosive material that can cause, or would reasonably be 
expected to cause, catastrophic damage to commercial aircraft 
in service and expected to be in service in the 10-year period 
beginning on November 16, 1990; 
(C) the amounts, configurations, and types of explosive 
material that can be detected reliably by existing, or reasonably 
anticipated, near-term explosive detection technologies; 
(D) the feasibility of using various ways to minimize dam-
age caused by explosive material that cannot be detected reli-
ably by existing, or reasonably anticipated, near-term explosive 
detection technologies; 
(E) the ability to screen passengers, carry-on baggage, 
checked baggage, and cargo; and 
(F) the technologies that might be used in the future to 
attempt to destroy or otherwise threaten commercial aircraft 
and the way in which those technologies can be countered 
effectively. 
(2) The Administrator shall use the results of the review under 
this subsection to develop the focus and priorities of the program 
established under subsection (a) of this section. 
(c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall 
establish a scientific advisory panel, as a subcommittee of the 
Research, Engineering and Development Advisory Committee, to 
review, comment on, advise on the progress of, and recommend 
modifications in, the program established under subsection (a) of 
this section, including the need for long-range research programs 
to detect and prevent catastrophic damage to commercial aircraft 
108 STAT. 1214 
PUBLIC LAW 103-272—JULY 5, 1994 
by the next generation of terrorist weapons. The panel shall consist 
of individuals with scientific and technical expertise in— 
(1) the development and testing of effective explosive detec-
tion systems; 
(2) aircrsift structure and experimentation to decide on 
the type and minimum weights of explosives that an effective 
technology must be capable of detecting; 
(3) technologies involved in minimizing airframe damage 
to aircraft from explosives; and 
(4) other scientific and technical areas the Administrator 
considers appropriate. 
§ 44913. Explosive detection 
(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deploy-
ment or purchase of explosive detection equipment under section 
108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, or 
similar regulation is required only if the Administrator of the Fed-
eral Aviation Administration certifies that the equipment alone, 
or as part of an integrated system, can detect under realistic air 
carrier operating conditions the amounts, configurations, and types 
of explosive material that would likely be used to cause catastrophic 
damage to commercial aircraft. The Administrator shall base the 
certification on the results of tests conducted under protocols devel-
oped in consultation with expert scientists outside of the Adminis-
tration. Those tests shall be completed not later than April 16, 
1992. 
(2) Before completion of the tests described in paragraph (1) 
of this subsection, but not later than April 16, 1992, the Adminis-
trator may require deployment of explosive detection equipment 
described in paragraph (1) if the Administrator decides that deploy-
ment will enhance aviation security significantly. In making that 
decision, the Administrator shall consider factors such as the ability 
of the equipment alone, or as part of an integrated system, to 
detect under realistic air carrier operating conditions the amounts, 
configurations, and types of explosive material that would likely 
be used to cause catastrophic damage to commercial aircraft. The 
Administrator shall notify the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives of a 
deployment decision made under this paragraph. 
(3) This subsection does not prohibit the Administrator from 
purchasing or deploying explosive detection equipment described 
in paragraph (1) of this subsection. 
(b) GRANTS.—^The Secretary of Transportation may provide 
grants to continue the Explosive Detection K-9 Team Training 
Program to detect explosives at airports and on aircraft. 
§ 44914. Airport construction guidelines 
In consultation with air carriers, airport authorities, and others 
the Administrator of the Federal Aviation Administration considers 
appropriate, the Administrator shall develop guidelines for airport 
design and construction to allow for maximum security enhance-
ment. In developing the guidelines, the Administrator shall consider 
the results of the assessment carried out under section 44904(a) 
of this title. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1215 
§44915. Exemptions 
The Administrator of the Federal Aviation Administration may 
exempt from sections 44901, 44903(a)-(c) and (e), 44906, 44935, 
and 44936 of this title airports in Alaska served only by air carriers 
that— 
(1) hold certificates issued under section 41102 of this 
title; 
(2) operate aircraft with certificates for a maximum gross 
takeoff weight of less than 12,500 pounds; and 
(3) board passengers, or load property intended to be car-
ried in an aircraft cabin, that will be screened under section 
44901 of this title at another airport in Alaska before the 
passengers board, or the property is loaded on, an aircraft 
for a place outside Alaska. 
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 
§ 44931. Director of Intelligence and Security 
(a) ORGANIZATION.—There is in the Office of the Secretary 
of Transportation a Director of Intelligence and Security. The Direc-
tor reports directly to the Secretary. 
(b) DUTIES AND POWERS.—^The Director shall— 
(1) receive, assess, and distribute intelligence information 
related to long-term transportation security; 
(2) develop policies, strategies, and plans for dealing with 
threats to transportation security; 
(3) make other plans related to transportation security, 
including 
coordinating 
countermeasures 
with 
appropriate 
departments, agencies, and instrumentalities of the United 
States Government; 
(4) serve as the primary liaison of the Secretary to the 
intelligence and law enforcement communities; and 
(5) carry out other duties and powers the Secretary decides 
are necessary to ensure, to the extent possible, the security 
of the traveling public. 
§44932. Assistant Administrator for Civil Aviation Security 
(a) ORGANIZATION.—There is an Assistant Administrator for 
Civil Aviation Security. The Assistant Administrator 
reports 
directly to the Administrator of the Federal Aviation Administration 
and is subject to the authority of the Administrator. 
(b) DUTIES AND POWERS.—^The Assistant Administrator shall— 
(1) on a day-to-day basis, manage and provide operational 
guidance to the field security resources of the Administration, 
including Federal Security Managers as provided by section 
44933 of this title; 
(2) enforce security-related requirements; 
(3) identify the research and development requirements 
of security-related activities; 
(4) inspect security systems; 
(5) report information to the Director of Intelligence and 
Security that may be necessary to allow the Director to carry 
out assigned duties and powers; 
(6) assess threats to civil aviation; and 
(7) carry out other duties and powers the Administrator 
considers appropriate. 
108 STAT. 1216 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECU-
RITY.—The Assistant Administrator shall review and, as necessary, 
develop ways to strengthen air transportation security, including 
ways— 
(1) to strengthen controls over checked baggage in air 
transportation, including ways to ensure baggage reconciliation 
and inspection of items in passenger baggage that could poten-
tially contain explosive devices; 
(2) to strengthen control over individuals having access 
to aircraft; 
(3) to improve testing of security systems; 
(4) to ensure the use of the best available x-ray equipment 
for air transportation security purposes; and 
(5) to strengthen preflight screening of passengers. 
§44933. Federal Security Managers 
(a) 
ESTABLISHMENT, 
DESIGNATION, AND 
STATIONING.—^The 
Administrator of the Federal Aviation Administration shall estab-
lish the position of Federal Security Manager at each airport in 
the United States at which the Administrator decides a Manager 
is necessary for air transportation security. The Administrator shall 
designate individuals as Managers for, and station those Managers 
at, those airports. The Administrator may designate a current field 
employee of the Administration as a Manager. A Manager reports 
directly to the Assistant Administrator for Civil Aviation Security. 
The Administrator shall station an individual as Manager at each 
airport in the United States that the Secretary of Transportation 
designates as a category X airport. 
(b) DUTIES AND POWERS.—The Manager at each airport shall— 
(1) receive intelligence information related to aviation secu-
rity; 
(2) ensure, and assist in, the development of a comprehen-
sive security plan for the airport that— 
(A) establishes the responsibilities of each air carrier 
and airport operator for air transportation security at the 
airport; and 
(B) includes measures to be taken during periods of 
normal airport operations and during periods when the 
Manager decides that there is a need for additional airport 
security, and identifies the individuals responsible for 
carrying out those measures; 
(3) oversee and enforce the carrying out by air carriers 
and airport operators of United States Government security 
requirements, including the security plan under clause (2) of 
this subsection; 
(4) serve as the on-site coordinator of the Administrator's 
response to terrorist incidents and threats at the airport; 
(5) coordinate the day-to-day Government aviation security 
activities at the airport; 
(6) coordinate efforts related to aviation security with local 
law enforcement; and 
(7) coordinate activities with other Managers. 
(c) LIMITATION.—^A Civil Aviation Security Field Officer may 
not be assigned security duties and powers at an airport having 
a Manager. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1217 
§ 44934. Foreign Security Liaison Officers 
(a) 
ESTABLISHMENT, 
DESIGNATION, AND STATIONING.—The 
Administrator of the Federal Aviation Administration shall estab-
lish the position of Foreign Security Liaison Officer for each airport 
outside the United States at which the Administrator decides an 
Officer is necessary for air transportation security. In coordination 
with the Secretary of State, the Administrator shall designate an 
Officer for each of those airports. In coordination with the Secretary, 
the Administrator shall designate an Officer for each of those air-
ports where extraordinary security measures are in place. The 
Secretary shall give high priority to stationing those Officers. 
(b) DUTIES AND POWERS.—An Officer reports directly to the 
Assistant Administrator for Civil Aviation Security. The Officer 
at each airport shall— 
(1) serve as the liaison of the Assistant Administrator 
to foreign security authorities (including governments of foreign 
countries and foreign airport authorities) in carrying out United 
States Government security requirements at that airport; and 
(2) to the extent practicable, carry out duties and powers 
referred to in section 44933(b) of this title. 
(c) COORDINATION OF ACTIVITIES.—The activities of each Officer 
shall be coordinated with the chief of the diplomatic mission of 
the United States to which the Officer is assigned. Activities of 
an Officer under this section shall be consistent with the duties 
and powers of the Secretary and the chief of mission to a foreign 
country under section 103 of the Omnibus Diplomatic Security 
and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 
of the Foreign Service Act of 1980 (22 U.S.C. 3927). 
§ 44935. Employment standards and training 
(a) EMPLOYMENT STANDARDS.—The Administrator of the Fed-
eral Aviation Administration shall prescribe standards for the 
employment and continued employment of, and contracting for, 
air carrier personnel and, as appropriate, airport security personnel. 
The standards shall include— 
(1) minimum training requirements for new employees; 
(2) retraining requirements; 
(3) minimum staffing levels; 
(4) minimum language skills; and 
(5) minimum education levels for employees, when appro-
priate. 
(b) REVIEW AND RECOMMENDATIONS.—In coordination with air 
carriers, airport operators, and other interested persons, the 
Administrator shall review issues related to human performance 
in the aviation security system to maximize that performance. 
When the review is completed, the Administrator shall recommend 
guidelines and prescribe appropriate changes in existing procedures 
to improve that performance. 
(c) SECURITY PROGRAM TRAINING, STANDARDS, AND QUALIFICA-
TIONS.—( 1) The Administrator— 
(A) may train individuals employed to carry out a security 
program under section 44903(c) of this title; and 
(B) shall prescribe uniform training standards and uniform 
minimum qualifications for individuals eligible for that train-
ing. 
(2) The Administrator may authorize reimbursement for travel, 
transportation, and subsistence expenses for security training of 
108 STAT. 1218 
PUBLIC LAW 103-272—JULY 5, 1994 
non-United States Government domestic and foreign individuals 
whose services will contribute significantly to carrying out civil 
aviation security programs. To the extent practicable, air travel 
reimbursed under this paragraph shall be on air carriers. 
(d) 
EDUCATION AND TRAINING 
STANDARDS FOR SECURITY 
COORDINATORS, SUPERVISORY PERSONNEL, AND PILOTS.—<1) 
The 
Administrator 
shall 
prescribe 
standards 
for 
educating 
and 
training— 
(A) ground security coordinators; 
(B) security supervisory personnel; and 
(C) airline pilots as in-flight security coordinators. 
(2) The standards shall include initial training, retraining, and 
continuing education requirements and methods. Those require-
ments and methods shall be used annually to measure the perform-
ance of ground security coordinators and security supervisory 
personnel. 
§ 44936. Employment investigations and restrictions 
Regulations. 
(a) 
EMPLOYMENT 
INVESTIGATION 
REQUIREMENT.—(1) 
The 
Administrator of the Federal Aviation Administration shall require 
by regulation that an employment investigation, including a crimi-
nal history record check, shall be conducted, as the Administrator 
decides is necessary to ensure air transportation security, of each 
individual employed in, or applying for, a position in which the 
individual has unescorted access, or may permit other individuals 
to have unescorted access, to— 
(A) aircraft of an air carrier or foreign air carrier; or 
(B) a secured area of an airport in the United States 
the Administrator designates that serves an air carrier or for-
eign air carrier. 
(2) An air carrier, foreign air carrier, or airport operator that 
employs, or authorizes or makes a contract for the services of, 
an individual in a position described in paragraph (1) of this sub-
section shall ensure that the investigation the Administrator 
requires is conducted. 
(b) PROHIBITED EMPLOYMENT.—(1) Except as provided in para-
graph (3) of this subsection, an air carrier, foreign air carrier, 
or airport operator may not employ, or authorize or make a contract 
for the services of, an individual in a position described in subsection 
(a)(1) of this section if— 
(A) the investigation of the individual required under this 
section has not been conducted; or 
(B) the results of that investigation establish that, in the 
10-year period ending on the date of the investigation, the 
individual was convicted of— 
(i) a crime referred to in section 46306, 46308, 46312, 
46314, or 46315 or chapter 465 of this title or section 
32 of title 18; 
(ii) murder; 
(iii) assault with intent to murder; 
(iv) espionage; 
(v) sedition; 
(vi) treason; 
(vii) rape; 
(viii) kidnapping; 
(ix) unlawful possession, sale, distribution, or manufac-
ture of an explosive or weapon; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1219 
(x) extortion; 
(xi) armed robbery; 
(xii) distribution of, or intent to distribute, a controlled 
substance; or 
(xiii) conspiracy to commit any of the acts referred 
to in clauses (i>-(xii) of this paragraph. 
(2) The Administrator may specify other factors that are suffi-
cient to prohibit the employment of an individual in a position 
described in subsection (a)(1) of this section. 
(3) An air carrier, foreign air carrier, or airport operator may 
employ, or authorize or contract for the services of, an individual 
in a position described in subsection (a)(1) of this section without 
carrying out the investigation required under this section, if the 
Administrator approves a plan to employ the individual that pro-
vides alternate security arrangements. 
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If 
the Administrator requires an identification and criminal history 
record check, to be conducted by the Attorney General, as part 
of an investigation under this section, the Administrator shall des-
ignate an individual to obtain fingerprints and submit those finger-
prints to the Attorney General. The Attorney General may make 
the results of a check available to an individual the Administrator 
designates. Before designating an individual to obtain and submit 
fingerprints or receive results of a check, the Administrator shall 
consult with the Attorney General. 
(2) The Administrator shall prescribe regulations on— 
Regulations. 
(A) procedures for taking fingerprints; and 
(B) requirements for using information received from the 
Attorney General under paragraph (1) of this subsection— 
(i) to limit the dissemination of the information; and 
(ii) to ensure that the information is used only to 
carry out this section. 
(3) If an identification and criminal history record check is 
conducted as part of an investigation of an individual under this 
section, the individual— 
(A) shall receive a copy of any record received from the 
Attorney General; and 
(B) may complete and correct the information contained 
in the check before a final employment decision is made based 
on the check. 
(d) FEES AND CHARGES.—^The Administrator and the Attorney 
General shall establish reasonable fees and charges to pay expenses 
incurred in carrying out this section. The employer of the individual 
being investigated shall pay the costs of a record check of the 
individual. Money collected under this section shall be credited 
to the account in the Treasury from which the expenses were 
incurred and are available to the Administrator and the Attorney 
General for those expenses. 
(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.— 
This section does not require an investigation or record check when 
the investigation or record check is prohibited by a law of a foreign 
country. 
§ 44937. Prohibition on transferring duties and powers 
Except as specifically provided by law, the Administrator of 
the Federal Aviation Administration may not transfer a duty or 
power under section 44903(a), (b), (c), or (e), 44906(a)(1) or (b). 
108 STAT. 1220 
PUBLIC LAW 103-272—JULY 5, 1994 
44912, 44935, 44936, or 44938(b)(3) of this title to another depart-
ment, agency, or instrumentality of the United States Government. 
§44938. Reports 
(a) TRANSPORTATION SECURITY.—Not later than December 31 
of each year, the Secretary of Transportation shall submit to Con-
gress a report on transportation security with recommendations 
the Secretary considers appropriate. The report shall be prepared 
in conjunction with the annual report the Administrator of the 
Federal Aviation Administration submits under subsection (b) of 
this section, but may not duplicate the information submitted under 
subsection (b) or section 44907(a)(3) of this title. The Secretary 
may submit the report in classified and unclassified parts. The 
report shall include— 
(1) an assessment of trends and developments in terrorist 
activities, methods, and other threats to transportation; 
(2) an evaluation of deployment of explosive detection 
devices; 
(3) recommendations for research, engineering, and devel-
opment activities related to transportation security, except 
research engineering and development activities related to avia-
tion security to the extent those activities are covered by the 
national aviation research plan required under section 44501(c) 
of this title; 
; 
(4) identification and evaluation of cooperative efforts with 
other departments, agencies, and instrumentalities of the 
United States Government; 
(5) an evaluation of cooperation with foreign transportation 
and security authorities; 
(6) the status of the extent to which the recommendations 
of the President's Commission on Aviation Security and Terror-
ism have been carried out and the reasons for any delay in 
carrying out those recommendations; 
(7) a summary of the activities of the Director of Intel-
ligence and Security in the 12-month period ending on the 
date of the report; 
(8) financial and staffing requirements of the Director; 
(9) an assessment of financial and staffing requirements, 
and attainment of existing staffing goals, for carrying out duties 
and powers of the Administrator related to security; and 
(10) appropriate legislative and regulatory recommenda-
tions. 
(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECU-
RITY.—The Administrator shall submit annually to Congress a 
report— 
(1) on the effectiveness of procedures under section 44901 
of this title; 
(2) that includes a summary of the assessments conducted 
under section 44907(a)(1) and (2) of this title; and 
(3) that includes an assessment of the steps being taken, 
and the progress being made, in ensuring compliance with 
section 44906 of this title for each foreign air carrier security 
program at airports outside the United States— 
(A) at which the Administrator decides that Foreign 
Security Liaison Officers are necessary for air transpor-
tation security; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1221 
(B) for which extraordinary security measures are in 
place. 
(c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The 
Administrator shall submit to Congress an annual report for each 
of the calendar years 1991 and 1992 on the progress being made, 
and the problems occurring, in carrying out section 44904 of this 
title. The report shall include recommendations for improving 
domestic air transportation security. 
CHAPTER 451—ALCOHOL AND CONTROLLED 
SUBSTANCES TESTING 
Sec. 
45101. Definition. 
45102. Alcohol and controlled substances testing programs. 
45103. Prohibited service. 
45104. Testing and laboratory requirements. 
45105. Rehabilitation. 
45106. Relationship to other laws, regulations, standards, and orders. 
§45101. Definition 
In this chapter, "controlled substance" means any substance 
under section 102 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802) specified by the Adminis-
trator of the Federal Aviation Administration. 
§ 45102. Alcohol and controlled substances testing programs 
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN 
AIR CARRIERS.—(1) In the interest of aviation safety, the Adminis- Regulations, 
trator of the Federal Aviation Administration shall prescribe regula-
tions not later than October 28, 1992, that establish a program 
requiring 
air carriers 
and 
foreign 
air carriers 
to 
conduct 
preemployment, reasonable suspicion, random, and post-accident 
testing of airmen, crewmembers, airport security screening contract 
personnel, and other air carrier employees responsible for safety-
sensitive functions (as decided by the Administrator) for the use 
of alcohol or a controlled substance in violation of law or a United 
States Government regulation. 
(2) When the Administrator considers it appropriate in the 
interest of safety, the Administrator may prescribe regulations for 
conducting periodic recurring testing of airmen, crewmembers, air- 
, 
port security screening contract personnel, and other air carrier 
employees responsible for safety-sensitive functions for the use of 
alcohol or a controlled substance in violation of law or a Government 
regulation. 
(b) 
PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION 
ADMINISTRATION.—(1) The Administrator shall establish a program 
of preemployment, reasonable suspicion, random, and post-accident 
testing for the use of alcohol or a controlled substance in violation 
of law or a Government regulation for employees of the Administra-
tion whose duties include responsibility for safety-sensitive func-
tions. 
(2) When the Administrator considers it appropriate in the 
interest of safety, the Administrator may prescribe regulations for 
conducting periodic recurring testing of employees of the Adminis-
tration responsible for safety-sensitive functions for use of alcohol 
or a controlled substance in violation of law or a Government 
regulation. 
108 STAT. 1222 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) SANCTIONS.—In prescribing regulations under the programs 
required by this section, the Administrator shall require, as the 
Administrator considers appropriate, the suspension or revocation 
of any certificate issued to an individual referred to in this section, 
or the disqualification or dismissal of the individual, under this 
chapter when a test conducted and confirmed under this chapter 
indicates the individual has used alcohol or a controlled substance 
in violation of law or a Grovernment regulation. 
§ 45103. Prohibited service 
(a) 
USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.^AH 
individual may not use alcohol or a controlled substance after 
October 28, 1991, in violation of law or a United States Government 
regulation and serve as an airman, crewmember, airport security 
screening contract employee, air carrier employee responsible for 
safety-sensitive functions (as decided by the Administrator of the 
Federal Aviation Administration), or employee of the Administra-
tion with responsibility for safety-sensitive functions. 
(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwith-
standing subsection (a) of this section, an individual found to have 
used alcohol or a controlled substance after October 28, 1991, in 
violation of law or a Government regulation may serve as an air-
man, crewmember, airport security screening contract employee, 
air carrier employee responsible for safety-sensitive functions (as 
decided by the Administrator), or employee of the Administration 
with responsibility for safety-sensitive functions only if the individ-
ual completes a rehabilitation program described in section 45105 
of this title. 
(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual 
who served as an airman, crewmember, airport security screening 
contract employee, air carrier employee responsible for safety-sen-
sitive functions (as decided by the Administrator), or employee 
of the Administration with responsibility for safety-sensitive func-
tions and who was found by the Administrator to have used alcohol 
or a controlled substance after October 28, 1991, in violation of 
law or a Government regulation may not carry out the duties 
related to air transportation that the individual carried out before 
the finding of the Administrator if the individual— 
(1) used the alcohol or controlled substance when on duty; 
(2) began or completed a rehabilitation program described 
in section 45105 of this title before using the alcohol or con-
trolled substance; or 
(3) refuses to begin or complete a rehabilitation program 
described in section 45105 of this title after a finding by the 
Administrator under this section. 
§ 45104. Testing and laboratory requirements 
In carrying out section 45102 of this title, the Administrator 
of the Federal Aviation Administration shall develop requirements 
that— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimens; 
(2) for laboratories and testing procedures for controlled 
substances, incorporate the Department of Health and Human 
Services scientific and technical guidelines dated April 11, 1988, 
and any amendments to those guidelines, including mandatory 
guidelines establishing— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1223 
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this chapter, including 
standards requiring the use of the best available technology 
to ensure the complete reliability and accuracy of controlled 
substances tests and strict procedures governing the chain 
of custody of specimens collected for controlled substances 
testing; 
(B) the minimum list of controlled substances for which 
? 
individuals may be tested; and 
(C) appropriate standards and procedures for periodic 
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled 
substances testing in carrying out this chapter; 
(3) require that a laboratory involved in controlled sub-
stances testing under this chapter have the capability and 
facility, at the laboratory, of performing screening and confirma-
tion tests; 
(4) provide that all tests indicating the use of alcohol or 
a controlled substance in violation of law or a United States 
Government regulation be confirmed by a scientifically recog-
nized method of testing capable of providing quantitative 
information about alcohol or a controlled substance; 
(5) provide that each specimen be subdivided, secured, 
and labeled in the presence of the tested individual and that 
a part of the specimen be retained in a secure manner to 
prevent the possibility of tampering, so that if the individual's 
confirmation test results are positive the individual has an 
opportunity to have the retained part tested by a 2d confirma-
tion test done independently at another certified laboratory 
if the individual requests the 2d confirmation test not later 
than 3 days after being advised of the results of the first 
confirmation test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations that 
may be necessary and in consultation with the Secretary of 
Health and Human Services; 
(7) provide for the confidentiality of test results and medical 
information (except information about alcohol or a controlled 
substance) of employees, except that this clause does not pre-
vent the use of test results for the orderly imposition of appro-
priate sanctions under this chapter; and 
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee 
is harassed by being treated differently from other employees 
in similar circumstances. 
§45105. Rehabilitation 
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN 
AIR CARRIERS.—^The Administrator of the Federal Aviation Adminis- 
Regulations, 
tration shall prescribe regulations establishing requirements for 
rehabilitation programs that at least provide for the identification 
and opportunity for treatment of employees of air carriers and 
foreign air carriers referred to in section 45102(a)(1) of this title 
who need assistance in resolving problems with the use of alcohol 
or a controlled substance in violation of law or a United States 
108 STAT. 1224 
PUBLIC LAW 103-272—JULY 5, 1994 
Government regulation. Each air carrier and foreign air carrier 
is encouraged to make such a program available to all its employees 
in addition to the employees referred to in section 45102(a)(1)(A). 
The Administrator shall decide on the circumstances under which 
employees shall be required to participate in a program. This sub-
section does not prevent an air carrier or foreign air carrier from 
establishing a program under this subsection in cooperation with 
another air carrier or foreign air carrier. 
(b) 
PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION 
ADMINISTRATION.—The Administrator shall establish and maintain 
a rehabilitation program that at least provides for the identification 
and opportunity for treatment of employees of the Administration 
whose duties include responsibility for safety-sensitive functions 
who need assistance in resolving problems with the use of alcohol 
or a controlled substance. 
§45106. Relationship to other laws, regulations, standards, 
and orders 
(a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULA-
TIONS, STANDARDS, OR ORDERS.—^A State or local government may 
not prescribe, issue, or continue in effect a law, regulation, standard, 
or order that is inconsistent with regulations prescribed under 
this chapter. However, a regulation prescribed under this chapter 
does not preempt a State criminal law that imposes sanctions 
for reckless conduct leading to loss of life, injury, or damage to 
property. 
(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—<1) In 
prescribing regulations under this chapter, the Administrator of 
the Federal Aviation Administration— 
(A) shall establish only requirements applicable to foreign 
air carriers that are consistent with international obligations 
of the United States; and 
(B) shall consider applicable laws and regulations of foreign 
countries. 
(2) The Secretaries of State and Transportation jointly shall 
request the governments of foreign countries that are members 
of the International Civil Aviation Organization to strengthen and 
enforce existing standards to prohibit crewmembers in international 
civil aviation from using alcohol or a controlled substance in viola-
tion of law or a United States Government regulation. 
(c) OTHER REGULATIONS ALLOWED.—This section does not pre-
vent the Administrator from continuing in effect, amending, or 
further supplementing a regulation prescribed before October 28, 
1991, governing the use of alcohol or a controlled substance by 
airmen, crewmembers, airport security screening contract employ-
ees, air carrier employees responsible for safety-sensitive functions 
(as decided by the Administrator), or employees of the Administra-
tion with responsibility for safety-sensitive functions. 
CHAPTER 453—FEES 
Sec. 
45301. Authority to impose fees. 
45302. Fees involving aircraft not providing air transportation. 
45303. Maximum fees for private person services. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1225 
§ 45301. Authority to impose fees 
(a) GENERAL AUTHORITY.—^The Secretary of Transportation may 
impose a fee for an approval, test, authorization, certificate, permit, 
registration, transfer, or rating related to aviation that has not 
been approved by Congress only when the fee— 
(1)(A) was in effect on January 1, 1973; and 
(B) is not more than the fee in effect on January 1, 1973, 
adjusted in proportion to changes in the Consumer Price Index 
of All Urban Consumers published by the Secretary of Labor 
between January 1, 1973, and the date the fee is imposed; 
or 
(2) is imposed under section 45302 of this title. 
(b) NONAPPLICATION.—^This section does not apply to a fee 
for a test, authorization, certificate, permit, or rating related to 
an airman or repair station administered or issued outside the 
United States. 
§45302. Fees involving aircraft not providing air transpor-
tation 
(a) APPLICATION.—This section applies only to aircraft not used 
to provide air transportation. 
(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Adminis-
trator of the Federal Aviation Administration may impose fees 
to pay for the costs of issuing airman certificates to pilots and 
certificates of registration of aircraft and processing forms for major 
repairs and alterations of fuel tanks and fuel systems of aircraft. 
The following fees may not be more than the amounts specified: 
(1) $12 for issuing an airman's certificate to a pilot. 
(2) $25 for registering an aircraft after the trsmsfer of 
ownership. 
(3) $15 for renewing an aircraft registration. 
(4) $7.50 for processing a form for a major repair or alter-
ation of a fuel tank or fuel system of an aircraft. 
(c) ADJUSTMENTS.—^The Administrator shall adjust the maxi-
mum fees established by subsection (b) of this section for changes 
in the Consumer Price Index of All Urban Consumers published 
by the Secretary of Labor. 
(d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected 
from fees imposed under this section shall be credited to the account 
in the Treasury from which the Administrator incurs expenses 
in carrying out chapter 441 and sections 44701-44716 of this title 
(except sections 44701(c), 44703(f)(2), and 44713(d)(2)). The money 
is available to the Administrator to pay expenses for which the 
fees are collected. 
§ 45303. Maximum fees for private person services 
The Administrator of the Federal Aviation Administration may 
establish maximum fees that private persons may charge for serv-
ices performed under a delegation to the person under section 
44702(d) of this title. 
SUBPART IV—ENFORCEMENT AND PENALTIES 
CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS 
Sec. 
46101. Complaints and investigations. 
108 STAT. 1226 
PUBLIC LAW 103-272—JULY 5, 1994 
46102. Proceedings. 
46103. Service ofnotice, process, and actions. 
46104. Evidence. 
46105. Regulations and orders. 
46106. Enforcement by the Secretary of Transportation and Administrator of the 
Federal Aviation Administration. 
46107. Enforcement by the Attorney General. 
46108. Enforcement of certificate requirements by interested persons. 
46109. Joinder and intervention. 
46110. Judicial review. 
§ 46101. Complaints and investigations 
(a) GENERAL.—(1) A person may file a complaint in writing 
with the Secretary of Transportation (or the Administrator of the 
Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Adminis-
trator) about a person violating this part or a requirement pre-
scribed under this part. Except as provided in subsection (b) of 
this section, the Secretary or Administrator shall investigate the 
complaint if a reasonable ground appears to the Secretary or 
Administrator for the investigation. 
(2) On the initiative of the Secretary of Transportation or 
the Administrator, as appropriate, the Secretary or Administrator 
may conduct an investigation, if a reasonable ground appears to 
the Secretary or Administrator for the investigation, about— 
(A) a person violating this part or a requirement prescribed 
under this part; or 
(B) any question that may arise under this part. 
(3) The Secretary of Transportation or Administrator may dis-
miss a complaint without a hearing when the Secretary or Adminis-
trator is of the opinion that the complaint does not state facts 
that warrant an investigation or action. 
(4) After notice and an opportunity for a hearing and subject 
to section 40105(b) of this title, the Secretary of Transportation 
or Administrator shall issue an order to compel compliance with 
this part if the Secretary or Administrator finds in an investigation 
under this subsection that a person is violating this part. 
(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The 
Secretary of Transportation or Administrator shall refer a complaint 
against a member of the armed forces of the United States perform-
ing official duties to the Secretary of the department concerned 
for action. Not later than 90 days after receiving the complaint, 
the Secretary of that department shall inform the Secretary of 
Transportation or Administrator of the action taken on the com-
plaint, including any corrective or disciplinary action taken. 
§46102. Proceedings 
(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of 
chapter 5 of title 5, the Secretary of Transportation (or the Adminis-
trator of the Federal Aviation Administration with respect to avia-
tion safety duties and powers designated to be carried out by 
the Administrator) may conduct proceedings in a way conducive 
to justice and the proper dispatch of business. 
(b) APPEARANCE.—^A person may appear and be heard before 
the Secretary and the Administrator in person or by an attorney. 
The Secretary may appear and participate as an interested party 
in a proceeding the Administrator conducts under section 40113(a) 
of this title. 
(c) RECORDING AND PUBLIC ACCESS.—Official action taken by 
the Secretary and Administrator under this part shall be recorded. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1227 
Proceedings before the Secretary and Administrator shall be open 
to the public on the request of an interested party unless the 
Secretary or Administrator decides that secrecy is required because 
of national defense. 
(d) CONFLICTS OF INTEREST.—^The Secretary, the Administrator, 
or an officer or employee of the Administration may not participate 
in a proceeding referred to in subsection (a) of this section in 
which the individual has a pecuniary interest. 
§46103. Service of notice, process, and actions 
(a) DESIGNATING AGENTS.—(1) Each air carrier and foreign 
air carrier shall designate an agent on whom service of notice 
and process in a proceeding before, and an action of, the Secretary 
of Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) may be made. 
(2) The designation— 
(A) shall be in writing and filed with the Secretary or 
Administrator; and 
(B) may be changed in the same way as originally made. 
(b) SERVICE.—(1) Service may be made— 
(A) by personal service; 
(B) on a designated agent; or 
(C) by certified or registered mail to the person to be 
served or the designated agent of the person. 
(2) The date of service made by certified or registered mail 
is the date of mailing. 
(c) SERVING AGENTS.—Service on an agent designated under 
this section shall be made at the office or usual place of residence 
of the agent. If an air carrier or foreign air carrier does not have 
a designated agent, service may be made by posting the notice, 
process, or action in the office of the Secretary or Administrator. 
§46104. Evidence 
(a) GENERAL.—In conducting a hearing or investigation under 
this part, the Secretary of Transportation (or the Administrator 
of the Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out by the 
Administrator) may— 
(1) subpena witnesses and records related to a matter 
involved in the hearing or investigation from any place in 
the United States to the designated place of the hearing or 
investigation; 
(2) administer oaths; 
(3) examine witnesses; and 
(4) receive evidence at a place in the United States the 
Secretary or Administrator designates. 
(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a sub-
pena, the Secretary, the Administrator, or a party to a proceeding 
before the Secretary or Administrator may petition a court of the 
United States to enforce the subpena. A judicial proceeding to 
enforce a subpena under this section may be brought in the jurisdic-
tion in which the proceeding or investigation is conducted. The 
court may punish a failure to obey an order of the court to comply 
with the subpena as a contempt of court. 
(c) DEPOSITIONS.—(1) In a proceeding or investigation, the Sec-
retary or Administrator may order a person to give testimony 
108 STAT. 1228 
PUBLIC LAW 103-272—JULY 5, 1994 
by deposition and to produce records. If a person fails to be deposed 
or to produce records, the order may be enforced in the same 
way a subpena may be enforced under subsection (b) of this section. 
(2) A deposition may be taken before an individual designated 
by the Secretary or Administrator and having the power to admin-
ister oaths. 
(3) Before taking a deposition, the party or the attorney of 
the party proposing to take the deposition must give reasonable 
notice in writing to the opposing party or the attorney of record 
of that party. The notice shall state the name of the witness 
and the time and place of taking the deposition. 
(4) The testimony of a person deposed under this subsection 
shall be under oath. The person taking the deposition shall prepare, 
or cause to be prepared, a transcript of the testimony taken. The 
transcript shall be subscribed by the deponent. Each deposition 
shall be filed promptly with the Secretary or Administrator. 
(5) If the laws of a foreign country allow, the testimony of 
a witness in that country may be taken by deposition— 
(A) by a consular officer or an individual commissioned 
by the Secretary or Administrator or agreed on by the parties 
by written stipulation filed with the Secretary or Administrator; 
or 
(B) under letters rogatory issued by a court of competent 
jurisdiction at the request of the Secretary or Administrator. 
(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUN-
TRY EXPENSES.—^A witness summoned before the Secretary or 
Administrator or whose deposition is taken under this section and 
the individual taking the deposition are each entitled to the same 
fee and mileage that the witness and individual would have been 
paid for those services in a court of the United States. Under 
regulations of the Secretary or Administrator, the Secretary or 
Administrator shall pay the necessary expenses incident to execut-
ing, in another country, a commission or letter rogatory issued 
at the initiative of the Secretary or Administrator. 
(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When 
designated by the Secretary or Administrator, an employee 
appointed under section 3105 of title 5 may conduct a hearing, 
subpena witnesses, administer oaths, examine witnesses, and 
receive evidence at a place in the United States the Secretary 
or Administrator designates. On request of a party, the Secretary 
or Administrator shall hear or receive argument. 
§ 46105. Regulations and orders 
(a) EFFECTIVENESS OF ORDERS.—Except as provided in this 
part, a regulation prescribed or order issued by the Secretary of 
Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) takes effect 
within a reasonable time prescribed by the Secretary or Adminis-
trator. The regulation or order remains in effect under its own 
terms or until superseded. Except as provided in this part, the 
Secretary or Administrator may amend, modify, or suspend an 
order in the way, and by giving the notice, the Secretary or Adminis-
trator decides. 
(b) CONTENTS AND SERVICE OF ORDERS.—^An order of the Sec-
retary or Administrator shall include the findings of fact on which 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1229 
the order is based and shall be served on the parties to the proceed-
ing and the persons affected by the order. 
(c) EMERGENCIES.—When the Administrator is of the opinion 
that an emergency exists related to safety in air commerce and 
requires immediate action, the Administrator, on the initiative of 
the Administrator or on complaint, may prescribe regulations and 
issue orders immediately to meet the emergency, with or without 
notice and without regard to this part and subchapter II of chapter 
5 of title 5. The Administrator shall begin a proceeding immediately 
about an emergency under this subsection and give preference, 
when practicable, to the proceeding. 
§ 46106. Enforcement by the Secretary of Transportation and 
Administrator of the Federal Aviation Adminis-
tration 
The Secretary of Transportation (or the Administrator of the 
Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Adminis-
trator) may bring a civil action against a person in a district 
court of the United States to enforce this part or a requirement 
or regulation prescribed, or an order or any term of a certificate 
or permit issued, under this part. The action may be brought 
in the judicial district in which the person does business or the 
violation occurred. 
§ 46107. Enforcement by the Attorney General 
(a) CIVIL ACTIONS To ENFORCE SECTION 40106(b).—The Attor-
ney General may bring a civil action in a district court of the 
United States against a person to enforce section 40106(b) of this 
title. The action may be brought in the judicial district in which 
the person does business or the violation occurred. 
(b) CIVIL ACTIONS To ENFORCE THIS PART.—(1) On request 
of the Secretary of Transportation (or the Administrator of the 
Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Adminis-
trator), the Attorney General may bring a civil action in an appro-
priate court— 
(A) to enforce this part or a requirement or regulation 
prescribed, or an order or any term of a certificate or permit 
issued, under this part; and 
(B) to prosecute a person violating this part or a require-
ment or regulation prescribed, or an order or any term of 
a certificate or permit issued, under this part. 
(2) The costs and expenses of a civil action shall be paid 
out of the appropriations for the expenses of the courts of the 
United States. 
(c) 
PARTICIPATION OF SECRETARY OR ADMINISTRATOR.—On 
request of the Attorney General, the Secretary or Administrator, 
as appropriate, may participate in a civil action under this part. 
§46108. Enforcement 
of 
certificate 
requirements 
by 
interested persons 
An interested person may bring a civil action in a district 
court of the United States against a person to enforce section 
41101(a)(1) of this title. The action may be brought in the judicial 
district in which the defendant does business or the violation 
occurred. 
79-194 O—95—17: QL 3 Part 2 
108 STAT. 1230 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 46109. Joinder and intervention 
A person interested in or affected by a matter under consider-
ation in a proceeding before the Secretary of Transportation or 
civil action to enforce this part or a requirement or regulation 
prescribed, or an order or any term of a certificate or permit 
issued, under this part may be joined as a party or permitted 
to intervene in the proceeding or civil action. 
§46110. Judicial review 
(a) FILING AND VENUE.—Except for an order related to a foreign 
air carrier subject to disapproval by the President under section 
41307 or 41509(f) of this title, a person disclosing a substantial 
interest in an order issued by the Secretary of Transportation 
(or the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be carried 
out by the Administrator) under this part may apply for review 
of the order by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit or in the 
court of appeals of the United States for the circuit in which 
the person resides or has its principal place of business. The petition 
must be filed not later than 60 days after the order is issued. 
The court may allow the petition to be filed after the 60th day 
only if there are reasonable grounds for not filing by the 60th 
! 
day. 
: 
(b) JUDICIAL PROCEDURES.—When a petition is filed under sub-
section (a) of this section, the clerk of the court immediately shall 
send a copy of the petition to the Secretary or Administrator, 
as appropriate. The Secretary or Administrator shall file with the 
court a record of any proceeding in which the order was issued, 
\ 
as provided in section 2112 of title 28. 
(c) AUTHORITY OF COURT.—When the petition is sent to the 
Secretary or Administrator, the court has exclusive jurisdiction 
to affirm, amend, modify, or set aside any part of the order and 
may order the Secretary or Administrator to conduct further 
proceedings. After reasonable notice to the Secretary or Adminis-
trator, the court may grant interim relief by staying the order 
or taking other appropriate action when good cause for its action 
exists. Findings of fact by the Secretary or Administrator, if sup-
ported by substantial evidence, are conclusive. 
(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order 
under this section, the court may consider an objection to an order 
of the Secretary or Administrator only if the objection was made 
in the proceeding conducted by the Secretary or Administrator 
or if there was a reasonable ground for not making the objection 
in the proceeding. 
(e) SUPREME COURT REVIEW.—^A decision by a court under 
this section may be reviewed only by the Supreme Court under 
section 1254 of title 28. 
CHAPTER 463—PENALTIES 
Sec. 
46301. Civil penalties. 
46302. False information. 
46303. Carrying a weapon. 
46304. Liens on aircraft. 
46305. Actions to recover civil penalties. 
46306. Registration violations involving aircraft not providing air transportation. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1231 
46307. Violation of national defense airspace. 
46308. Interference with air navigation. 
46309. Concession and price ^/iolations. 
46310. Reporting and recordkeeping violations. 
46311. Umawfiil disclosure of information. 
46312. Transporting hazardous material. 
46313. Refusing to appear or produce records. 
46314. Entering aircraft or airport area in violation of seciirity requirements. 
46315. Lighting violations involving transporting controlled substances by aircraft 
not providing air transportation. 
46316. General criminm penalty when specific penalty not provided. 
§46301. Civil penalties 
(a) GENERAL PENALTY.—(1) A person is liable to the United 
States Government for a civil penalty of not more than $1,000 
for violating— 
(A) chapter 401 (except sections 40103(a) and (d), 40105, 
40116, and 40117), chapter 411, section 41301-41306, 41308-
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 
41702, 41705-41709, 41711, 41712, or 41731-41742, chapter 
419, subchapter II of chapter 421, chapter 441 (except section 
44109), or section 44701(a) or (b), 44702-44716, 44901, 44903(b) 
or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912-44915, 
44932-44938, 46302, or 46303 of this title; 
(B) a regulation prescribed or order issued under any provi-
sion to which clause (A) of this paragraph applies; 
(C) any term of a certificate or permit issued under section 
41102, 41103, or 41302 of this title; or 
(D) a regulation of the United States Postal Service under 
this part. 
(2) A person operating an aircraft for the transportation of 
passengers or property for compensation (except an airman serving 
as an airman) is liable to the Government for a civil penalty 
of not more than $10,000 for violating— 
(A) chapter 401 (except sections 40103(a) and (d), 40105, 
40106(b), 40116, and 40117) or section 44701(a) or (b), 44702-
44716, 44901, 44903(b) or (c), 44905, 44906, 44912-44915, or 
44932-44938 of this title; or 
(B) a regulation prescribed or order issued under any provi-
sion to which clause (A) of this paragraph applies. 
(3) A civil penalty of not more than $10,000 may be imposed 
for each violation under paragraph (1) of this subsection related 
to— 
(A) the transportation of hazardous material; or 
(B) the registration or recordation under chapter 441 of this 
title of an aircraft not used to provide air transportation. 
(4) A separate violation occurs under this subsection for each 
day the violation continues or, if applicable, for each flight involving 
the violation. 
(b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not 
, 
tamper with, disable, or destroy a smoke alarm device located 
\ 
in a lavatory on an aircraft providing air transportation or intra- 
j 
state air transportation. 
(2) An individual violating this subsection is liable to the 
Government for a civil penalty of not more than $2,000. 
(c) 
PROCEDURAL 
REQUIREMENTS.—(1) The Secretary of 
Transportation may impose a civil penalty for the following viola-
tions only after notice and an opportunity for a hearing: 
(A) a violation of subsection (b) of this section or chapter 
411, section 41301-41306, 41308-41310(a), 41501, 41503, 
108 STAT. 1232 
PUBLIC LAW 103-272—JULY 5, 1994 
41504, 41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 
41712, or 41731-41742, chapter 419, or subchapter II of chapter 
421 of this title. 
(B) a violation of a regulation prescribed or order issued 
under any provision to which clause (A) of this paragraph 
applies. 
(C) a violation of any term of a certificate or permit issued 
under section 41102, 41103, or 41302 of this title. 
(D) a violation under subsection (a)(1) of this section related 
to the transportation of hazardous material. 
(2) The Secretary shall give written notice of the finding of 
a violation and the civil penalty under paragraph (1) of this sub-
section. 
(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this 
subsection— 
(A) "flight engineer" means an individual who holds a 
flight engineer certificate issued under part 63 of title 14, 
Code of Federal Regulations. 
(B) "mechanic" means an individual who holds a mechanic 
certificate issued under part 65 of title 14, Code of Federal 
Regulations. 
(C) "pilot" means an individual who holds a pilot certificate 
issued under part 61 of title 14, Code of Federal Regulations. 
(D) "repairman" means an individual who holds a repair-
man certificate issued under part 65 of title 14, Code of Federal 
Regulations. 
(2) The Administrator of the Federal Aviation Administration 
may impose a civil penalty for a violation of chapter 401 (except 
sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), chap-
ter 441 (except section 44109), or section 44701(a) or (b), 44702-
44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912-
44915, 44932-44938, 46302, or 46303 of this title or a regulation 
prescribed or order issued under any of those provisions. The 
Administrator shall give written notice of the finding of a violation 
and the penalty. 
(3) In a civil action to collect a civil penalty imposed by the 
Administrator under this subsection, the issues of liability and 
the amount of the penalty may not be reexamined. 
(4) Notwithstanding paragraph (2) of this subsection, the dis-
trict courts of the United States have exclusive jurisdiction of a 
civil action involving a penalty the Administrator initiates if— 
(A) the amount in controversy is more than $50,000; 
(B) the action is in rem or another action in rem based 
on the same violation has been brought; 
(C) the action involves an aircraft subject to a lien that 
has been seized by the Government; or 
(D) another action has been brought for an injunction based 
on the same violation. 
(5)(A) The Administrator may issue an order imposing a penalty 
under this subsection against an individual acting as a pilot, flight 
engineer, mechanic, or repairman only after advising the individual 
of the charges or any reason the Administrator relied on for the 
proposed penalty and providing the individual an opportunity to 
answer the charges and be heard about why the order shall not 
be issued. 
(B) An individual acting as a pilot, flight engineer, mechanic, 
or repairman may appeal an order imposing a penalty under this 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1233 
subsection to the National Transportation Safety Board. After notice 
and an opportunity for a hearing on the record, the Board shall 
affirm, modify, or reverse the order. The Board may modify a 
civil penalty imposed to a suspension or revocation of a certificate. 
(C) When conducting a hearing under this paragraph, the Board 
is not bound by findings of fact of the Administrator but is bound 
by all validly adopted interpretations of laws and regulations the 
Administrator carries out and of written agency policy guidance 
available to the public related to sanctions to be imposed under 
this section unless the Board finds an interpretation is arbitrary, 
capricious, or otherwise not according to law. 
(D) When an individual files an appeal with the Board under 
this paragraph, the order of the Administrator is stayed. 
(6) An individual substantially affected by an order of the 
Board under paragraph (5) of this subsection, or the Administrator 
when the Administrator decides that an order of the Board under 
paragraph (5) will have a significant adverse impact on carrying 
out this part, may obtain judicial review of the order under section 
46110 of this title. The Administrator shall be made a party to 
the judicial review proceedings. Findings of fact of the Board are 
conclusive if supported by substantial evidence. 
(7)(A) The Administrator may impose a penalty on an individual 
(except an individual acting as a pilot, flight engineer, mechanic, 
or repairman) only after notice and an opportunity for a hearing 
on the record. 
(B) In an appeal from a decision of an administrative law 
judge as the result of a hearing under subparagraph (A) of this 
paragraph, the Administrator shall consider only whether— 
(i) each finding of fact is supported by a preponderance 
of reliable, probative, and substantial evidence; 
(ii) each conclusion of law is made according to applicable 
law, precedent, and public policy; and 
(iii) the judge committed a prejudicial error that supports 
the appeal. 
(C) Except for good cause, a civil action involving a penalty 
under this paragraph may not be initiated later than 2 years 
after the violation occurs. 
(8) The maximum civil penalty the Administrator or Board 
may impose under this subsection is $50,000. 
(9) This subsection applies only to a violation occurring after 
August 25, 1992. 
(e) PENALTY CONSIDERATIONS.—In determining the amount of 
a civil penalty under subsection (a)(3) of this section related to 
transportation of hazardous material, the Secretary shall consider— 
(1) the nature, circumstances, extent, and gravity of the 
violation; 
(2) with respect to the violator, the degree of culpability, 
any history of prior violations, the ability to pay, and any 
effect on the ability to continue doing business; and 
(3) other matters that justice requires. 
(f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may com-
promise the amount of a civil penalty imposed for violating— 
(i) chapter 401 (except sections 40103(a) and (d), 40105, 
40116, and 40117), chapter 441 (except section 44109), or sec-
tion 44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 
44906, 44907(d)(1)(B), 44912-44915, or 44932-44938 of this 
title; or 
108 STAT. 1234 
PUBLIC LAW 103-272—JULY 5, 1994 
(ii) a regulation prescribed or order issued under any provi-
sion to which clause (i) of this subparagraph applies. 
(B) The Postal Service may compromise the amount of a civil 
penalty imposed under subsection (a)(1)(D) of this section. 
(2) The Government may deduct the amount of a civil penalty 
imposed or compromised under this subsection from amounts it 
owes the person liable for the penalty. 
(g) JUDICIAL REVIEW.—An order of the Secretary imposing a 
civil penalty may be reviewed judicially only under section 46110 
of this title. 
(h) NONAPPLICATION.—(1) This section does not apply to the 
following when performing official duties: 
(A) a member of the armed forces of the United States. 
(B) a civilian employee of the Department of Defense sub-
ject to the Uniform Code of Military Justice. 
(2) The appropriate military authority is responsible for taking 
necessary disciplinary action and submitting to the Secretary (or 
the Administrator with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) a timely report 
on action taken. 
§46302. False information 
(a) CIVIL PENALTY.—^A person that, knowing the information 
to be false, gives, or causes to be given, under circumstances in 
which the information reasonably may be believed, false information 
about an alleged attempt being made or to be made to do an 
act that would violate section 46502(a), 46504, 46505, or 46506 
of this title, is liable to the United States Government for a civil 
penalty of not more than $10,000 for each violation. 
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transpor-
tation may compromise the amount of a civil penalty imposed 
under subsection (a) of this section. 
(2) The Government may deduct the amount of a civil penalty 
imposed or compromised under this section from amounts it owes 
the person liable for the penalty. 
§ 46303. Carrying a weapon 
(a) CIVIL PENALTY.—^An individual who, when on, or attempting 
to board, an aircraft in, or intended for operation in, air transpor-
tation or intrastate air transportation, has on or about the individ-
ual or the property of the individual a concealed dangerous weapon 
that is or would be accessible to the individual in flight is liable 
to the United States Government for a civil penalty of not more 
than $10,000 for each violation. 
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transpor-
tation may compromise the amount of a civil penalty imposed 
under subsection (a) of this section. 
(2) The Government may deduct the amount of a civil penalty 
imposed or compromised under this section from amounts it owes 
the individual liable for the penalty. 
(c) NONAPPLICATION.—This section does not apply to— 
(1) a law enforcement officer of a State or political subdivi-
sion of a State, or an officer or employee of the Government, 
authorized to carry arms in an official capacity; or 
(2) another individual the Administrator of the Federal 
Aviation Administration by regulation authorizes to carry arms 
in an official capacity. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1235 
§ 46304. Liens on aircraft 
(a) AIRCRAFT SUBJECT TO LIENS.—^When an aircraft is involved 
in a violation referred to in section 46301(a)(l)(A)-(C), (2), or (3) 
of this title and the violation is by the owner of, or individual 
commanding, the aircrjift, the aircraft is subject to a lien for the 
civil penalty. 
(b) SEIZURE.—^An aircraft subject to a lien under this section 
may be seized summarily and placed in the custody of a person 
authorized to take custody of it under regulations of the Secretary 
of Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator). A report on Reports, 
the seizure shall be submitted to the Attorney General. The Attor-
ney General promptly shall bring a civil action in rem to enforce 
the lien or notify the Secretary or Administrator that the action 
will not be brought. 
(c) RELEASE.—An aircraft seized under subsection (b) of this 
section shall be released from custody when— 
(1) the civil penalty is paid; 
(2) a compromise amount agreed on is paid; 
(3) the aircraft is seized under a civil action in rem to 
enforce the lien; 
(4) the Attorney General gives notice that a civil action 
will not be brought under subsection (b) of this section; or 
(5) a bond (in an amount and with a surety the Secretary 
or Administrator prescribes), conditioned on payment of the 
penalty or compromise, is deposited with the Secretary or 
Administrator. 
§ 46305. Actions to recover civil penalties 
A civil penalty under this chapter may be collected by bringing 
a civil action against the person subject to the penalty, a civil 
action in rem against an aircraft subject to a lien for a penalty, 
or both. The action shall conform as nearly as practicable to a 
civil action in admiralty, regardless of the place an aircraft in 
a civil action in rem is seized. However, a party may demand 
a jury trial of an issue of fact in an action involving a civil penalty 
under this chapter (except a penalty imposed by the Secretary 
of Transportation that formerly was imposed by the Civil Aero-
nautics Board) if the value of the matter in controversy is more 
than $20. Issues of fact tried by a jury may be reexamined only 
under common law rules. 
§46306. Registration 
violations 
involving 
aircraft 
not 
providing air transportation 
(a) APPLICATION.—This section applies only to aircraft not used 
to provide air transportation. 
(b) GENERAL CRIMINAL PENALTY.—Except as provided by sub-
section (c) of this section, a person shall be fined under title 18, 
imprisoned for not more thsin 3 years, or both, if the person— 
(1) knowingly and willfully forges or alters a certificate 
authorized to be issued under this part; 
(2) knowingly sells, uses, attempts to use, or possesses 
with the intent to use, such a certificate; 
(3) knowingly and willfully displays or causes to be dis-
played on an aircraft a mark that is false or misleading about 
the nationality or registration of the aircraft; 
108 STAT. 1236 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) obtains a certificate authorized to be issued under this 
part by knowingly and willfully falsifying or concealing a mate-
rial fact, making a false, fictitious, or fraudulent statement, 
or making or using a false document knowing it contains a 
false, fictitious, or fraudulent statement or entry; 
(5) owns an aircraft eligible for registration under section 
44102 of this title and knowingly and willfully operates, 
attempts to operate, or allows another person to operate the 
aircrsift when— 
(A) the aircraft is not registered under section 44103 
of this title or the certificate of registration is suspended 
or revoked; or 
(B) the owner knows or has reason to know that the 
other person does not have proper authorization to operate 
or navigate the aircraft without registration for a period 
of time after transfer of ownership; 
(6) knowingly and willfully operates or attempts to operate 
an aircraft eligible for registration under section 44102 of this 
title knowing that— 
(A) the aircraft is not registered under section 44103 
of this title; 
(B) the certificate of registration is suspended or 
revoked; or 
(C) the person does not have proper authorization to 
operate or navigate the aircraft without registration for 
a period of time after transfer of ownership; 
(7) knowingly and willfully serves or attempts to serve 
in any capacity as an airman without an airman's certificate 
authorizing the individual to serve in that capacity; 
(8) knowingly and willfully employs for service or uses 
in any capacity as an airman an individual who does not 
have an airman's certificate authorizing the individual to serve 
in that capacity; or 
(9) operates an aircraft with a fuel tank or fuel system 
that has been installed or modified knowing that the tank, 
system, installation, or modification does not comply with regu-
lations and requirements of the Administrator of the Federal 
Aviation Administration. 
(c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this 
subsection, "controlled substance" has the same meaning given 
that term in section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802). 
(2) A person violating subsection (b) of this section shall be 
fined under title 18, imprisoned for not more than 5 years, or 
both, if the violation is related to transporting a controlled substance 
by aircraft or aiding or facilitating a controlled substance violation 
and the transporting, aiding, or facilitating— 
(A) is punishable by death or imprisonment of more than 
one year under a law of the United States or a State; or 
(B) provided is related to an act punishable by death or 
imprisonment for more than one year under a law of the United 
States or a State related to a controlled substance (except 
a law related to simple possession of a controlled substance). 
(3) A term of imprisonment imposed under paragraph (2) of 
this subsection shall be served in addition to, and not concurrently 
with, any other term of imprisonment imposed on the individual. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1237 
(d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug 
Enforcement or the Commissioner of Customs may seize and forfeit 
under the customs laws an aircraft whose use is related to a 
violation of subsection (b) of this section, or to aid or facilitate 
a violation, regardless of whether a person is charged with the 
violation. 
(2) An aircraft's use is presumed to have been related to a 
violation of, or to aid or facilitate a violation of— 
(A) subsection (b)(1) of this section if the aircraft certificate 
of registration has been forged or altered; 
(B) subsection (b)(3) of this section if there is an external 
display of false or misleading registration numbers or country 
of registration; 
(C) subsection (b)(4) of this section if— 
(i) the aircraft is registered to a false or fictitious 
person; or 
(ii) the application form used to obtain the aircraft 
certificate of registration contains a material false state-
ment; 
(D) subsection (b)(5) of this section if the aircraft was 
operated when it was not registered under section 44103 of 
this title; or 
(E) subsection (b)(9) of this section if the aircraft has a 
fuel tank or fuel system that was installed or altered— 
(i) in violation of a regulation or requirement of the 
Administrator of the Federal Aviation Administration; or 
(ii) if a certificate required to be issued for the installa-
tion or alteration is not carried on the aircraft. 
(3) The Administrator of the Federal Aviation Administration, 
the Administrator of Drug Enforcement, and the Commissioner 
shall agree to a memorandum of understanding to establish proce-
dures to carry out this subsection. 
(e) RELATIONSHIP TO STATE LAWS.—This part does not prevent 
a State from establishing a criminal penalty, including providing 
for forfeiture and seizure of aircraft, for a person that— 
(1) knowingly and willfully forges or alters an aircraft 
certificate of registration; 
(2) knowingly sells, uses, attempts to use, or possesses 
with the intent to use, a fraudulent aircraft certificate of reg-
istration; 
(3) knowingly and willfully displays or causes to be dis-
played on an aircraft a mark that is false or misleading about 
the nationality or registration of the aircraft; or 
(4) obtains an aircraft certificate of registration from the 
Administrator of the Federal Aviation Administration by— 
(A) knowingly and willfully falsifying or concealing 
a material fact; 
(B) making a false, fictitious, or fraudulent statement; 
or 
(C) making or using a false document knowing it con-
tains a false, fictitious, or fraudulent statement or entry. 
§ 46307. Violation of national defense airspace 
A person that knowingly or willfully violates section 40103(b)(3) 
of this title or a regulation prescribed or order issued under section 
40103(b)(3) shall be fined under title 18, imprisoned for not more 
than one year, or both. 
108 STAT. 1238 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 46308. Interference with air navigation 
A person shall be fined under title 18, imprisoned for not 
more than 5 years, or both, if the person— 
(1) with intent to interfere with air navigation in the United 
States, exhibits in the United States a light or signal at a 
place or in a way likely to be mistaken for a true light or 
signal established under this part or for a true light or signal 
used at an air navigation facility; 
(2) Eifter a warning from the Administrator of the Federal 
Aviation Administration, continues to maintain a misleading 
light or signal; or 
(3) knowingly interferes with the operation of a true light 
or signal. 
§ 46309. Concession and price violations 
(a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR 
HELPING TO OBTAIN CONCESSIONS AND LOWER PRiCES.^An air 
carrier, foreign air carrier, ticket agent, or officer, agent, or 
employee of an air carrier, foreign air carrier, or ticket agent shall 
be fined under title 18 if the air carrier, foreign air carrier, ticket 
agent, officer, agent, or employee— 
(1) knowingly and willfully offers, grants, or gives, or causes 
to be offered, granted, or given, a rebate or other concession 
in violation of this part; or 
(2) by any means knowingly and willfully assists, or will-
ingly allows, a person to obtain transportation or services sub-
ject to this part at less than the price lawfully in effect. 
1 
(b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, 
! 
AND FACILITIES.—^A person shall be fined under title 18 if the 
person by any means— 
(1) knowingly and willfully solicits, accepts, or receives 
a rebate of a part of a price lawfully in effect for the foreign 
air transportation of property, or a service related to the foreign 
air transportation; or 
(2) knowingly solicits, accepts, or receives a privilege or 
facility related to a matter the Secretary of Transportation 
requires be specified in a currently effective tariff applicable 
to the foreign air transportation of property. 
§ 46310. Reporting and recordkeeping violations 
(a) GENERAL CRIMINAL PENALTY.—^An air carrier or an officer, 
agent, or employee of an air carrier shall be fined under title 
18 for intentionally— 
(1) failing to make a report or keep a record under this 
part; 
(2) falsifying, mutilating, or altering a report or record 
under this part; or 
(3) filing a false report or record under this part. 
(b) SAFETY REGULATION CRIMINAL PENALTY.—^An air carrier 
or an officer, agent, or employee of an air carrier shall be fined 
under title 18, imprisoned for not more than 5 years, or both, 
for intentionally falsifying or concealing a material fact, or inducing 
reliance on a false statement of material fact, in a report or record 
under section 44701(a) or (b) or 44702-44716 of this title. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1239 
§ 46311. Unlawful disclosure of information 
(a) CRIMINAL PENALTY.—The Secretary of Transportation, the 
Administrator of the Federal Aviation Administration with respect 
to aviation safety duties and powers designated to be carried out 
by the Administrator, or an officer or employee of the Secretary 
or Administrator shall be fined under title 18, imprisoned for not 
more than 2 years, or both, if the Secretary, Administrator, officer, 
or employee knowingly and willfully discloses information that— 
(1) the Secretary, Administrator, officer, or employee 
acquires when inspecting the records of an air carrier; or 
(2) is withheld from public disclosure under section 40115 
of this title. 
(b) NONAPPLICATION.—Subsection (a) of this section does not 
apply if— 
(1) the officer or employee is directed by the Secretary 
or Administrator to disclose information that the Secretary 
or Administrator had ordered withheld; or 
(2) the Secretary, Administrator, officer, or employee is 
directed by a court of competent jurisdiction to disclose the 
information. 
(c) WITHHOLDING INFORMATION FROM CONGRESS.—This section 
does not authorize the Secretary or Administrator to withhold 
information from a committee of Congress authorized to have the 
information. 
§46312. Transporting hazardous material 
A person shall be fined under title 18, imprisoned for not 
more than 5 years, or both, if the person, in violation of a regulation 
or requirement related to the transportation of hazardous material 
prescribed by the Secretary of Transportation under this part— 
(1) willfully delivers, or causes to be delivered, property 
containing hazardous material to an air carrier or to an opera-
tor of a civil aircraft for transportation in air commerce; or 
(2) recklessly causes the transportation in air commerce 
of the property. 
§ 46313. Refusing to appear or produce records 
A person not obeying a subpena or requirement of the Secretary 
of Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) to appear and 
testify or produce records shall be fined under title 18, imprisoned 
for not more than one year, or both. 
§ 46314. Entering aircraft or airport area in violation of secu-
rity requirements 
(a) PROHIBITION.—A person may not knowingly and willfully 
enter, in violation of security requirements prescribed under section 
44901, 44903(b) or (c), or 44906 of this title, an aircraft or an 
airport area that serves an air carrier or foreign air carrier. 
(b) CRIMINAL PENAI^TY.—(1) A person violating subsection (a) 
of this section shall be fined under title 18, imprisoned for not 
more than one year, or both. 
(2) A person violating subsection (a) of this section with intent 
to commit, in the aircraft or airport area, a felony under a law 
of the United States or a State shall be fined under title 18, 
imprisoned for not more than 10 years, or both. 
108 STAT. 1240 
PUBLIC LAW 103-272—JULY 5, 1994 
§46315. Lighting violations 
involving transporting 
con-
trolled substances by aircraft not providing air 
transportation 
(a) APPLICATION.—^This section applies only to aircraft not used 
to provide air transportation. 
(b) CRIMINAL PENALTY.—A person shall be fined under title 
18, imprisoned for not more than 5 years, or both, if— 
(1) the person knowingly and willfully operates an aircraft 
in violation of a regulation or requirement of the Administrator 
of the Federal Aviation Administration related to the display 
of navigation or smticollision lights; 
(2) the person is knowingly trsmsporting a controlled sub-
stance by aircraft or aiding or facilitating a controlled substance 
offense; and 
(3) the transporting, aiding, or facilitating— 
(A) is punishable by death or imprisonment for more 
than one year under a law of the United States or a 
State; or 
(B) is provided in connection with an act punishable 
by death or imprisonment for more than one year under 
a law of the United States or a State related to a controlled 
substance (except a law related to simple possession of 
a controlled substance). 
§46316. General criminal penalty when specific penalty not 
provided 
(a) CRIMINAL PENALTY.—Except as provided by subsection (b) 
of this section, when another criminal penalty is not provided 
under this chapter, a person that knowingly and willfully violates 
this part, a regulation prescribed or order issued by the Secretary 
of Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) under this part, 
or any term of a certificate or permit issued under section 41102, 
41103, or 41302 of this title shall be fined under title 18. A separate 
violation occurs for each day the violation continues. 
(b) NONAPPLICATION.—Subsection (a) of this section does not 
apply to chapter 401 (except sections 40103(a) and (d), 40105, 
40116, and 40117), chapter 441 (except section 44109), chapter 
445, and sections 44701(a) and (b), 44702-44716, 44901, 44903(b) 
and (c), 44905, 44906, 44912-44915, and 44932-44938 of this title. 
CHAPTER 465—SPECLVL AIRCRAFT JURISDICTION OF 
THE UNITED STATES 
Sec. 
46501. Definitions. 
46502. Aircraft piracy. 
46503. Death penalty sentencing procedure for aircraft piracy. 
46504. Interference with flight crew members and attendants. 
46505. Carrying a weapon or explosive on an aircraft. 
46506. Application of certadn criminal laws to acts on aircraft. 
46507. False information and threats. 
§46501. Definitions 
In this chapter— 
(1) "aircraft in flight" means an aircraft from the moment 
all external doors are closed following boarding— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1241 
(A) through the moment when one external door is 
opened to allow passengers to leave the aircrsift; or 
(B) until, if a forced landing, competent authorities 
take over responsibility for the aircraft and individuals 
and property on the aircraft. 
(2) "special aircraft jurisdiction of the United States" 
includes any of the following aircraft in flight: 
(A) a civil aircraft of the United States. 
(B) an aircraft of the armed forces of the United States. 
(C) another aircraft in the United States. 
(D) another aircraft outside the United States— 
(i) that has its next scheduled destination or last 
place of departure in the United States, if the aircraft 
next lands in the United States; 
(ii) on which an individual commits an offense 
(as defined in the Convention for the Suppression of 
Unlawful Seizure of Aircraft) if the aircraft lands in 
the United States with the individual still on the air-
craft; or 
(iii) against which an individual commits an 
offense (as defined in subsection (d) or (e) of article 
I, section I of the Convention for the Suppression of 
Unlawful Acts against the Safety of Civil Aviation) 
if the aircraft lands in the United States with the 
individual still on the aircraft. 
(E) any other aircraft leased without crew to a lessee 
whose principal place of business is in the United States 
or, if the lessee does not have a principal place of business, 
whose permanent residence is in the United States. 
(3) an individual commits an offense (as defined in the 
Convention for the Suppression of Unlawful Seizure of Aircraft) 
when the individual, when on an aircraft in flight— 
(A) by any form of intimidation, unlawfully seizes, 
exercises control of, or attempts to seize or exercise control 
of, the aircraft; or 
(B) is an accomplice of an individual referred to in 
subclause (A) of this clause. 
§ 46502. Aircraft piracy 
(a) 
IN 
SPECIAL 
AIRCRAFT 
JURISDICTION.—(1) 
In 
this 
subsection— 
(A) "aircraft piracy" means seizing or exercising control 
of an aircraft in the special aircraft jurisdiction of the United 
States by force, violence, threat of force or violence, or any 
form of intimidation, and with wrongful intent. 
(B) an attempt to commit aircraft piracy is in the special 
aircraft jurisdiction of the United States although the aircraft 
is not in flight at the time of the attempt if the aircraft 
would have been in the special aircraft jurisdiction of the United 
States had the aircraft piracy been completed. 
(2) An individual committing or attempting to commit aircraft 
piracy— 
(A) shall be imprisoned for at least 20 years; or 
(B) if the death of another individual results from the 
commission or attempt, shall be put to death or imprisoned 
for life. 
108 STAT. 1242 
PUBLIC LAW 103-272—JULY 5, 1994 
(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individ-
ual committing an offense (as defined in the Convention for the 
Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight 
outside the special aircraft jurisdiction of the United States and 
later found in the United States— 
(A) shall be imprisoned for at least 20 years; or 
(B) if the death of another individual results from the 
commission or attempt, shall be. put to death or imprisoned 
for life. 
(2) This subsection applies only if the place of takeoff or landing 
of the aircraft on which the individual commits the offense is 
located outside the territory of the country of registration of the 
aircraft. 
§46503. Death penalty sentencing procedure for aircraft 
piracy 
(a) GOVERNMENT STIPULATIONS.—^An individual convicted of vio-
lating section 46502 of this title may not be sentenced to death 
if the United States Government stipulates that at least one of 
the mitigating factors specified in subsection (c)(1) of this section 
exists or none of the aggravating factors specified in subsection 
(c)(2) of this section exists. If the Government does not stipulate, 
the judge presiding at the trial or accepting the guilty plea of 
the individual shall hold a separate hearing to decide on the punish-
ment to be imposed. 
(b) PUNISHMENT HEARINGS.—(1) The hearing under this section 
shall be conducted— 
(A) before the jury that found the defendant guilty; 
(B) before a jury impaneled for the hearing when— 
(i) the defendant was convicted by a guilty plea; 
(ii) the defendant was convicted by a judge without 
a jury; or 
(iii) the jury finding the defendant guilty was dis-
charged by the judge for good cause; or 
(C) before the judge, on motion of the defendant and with 
the approval of the judge and the Government. 
(2) At the hearing, the judge shall disclose to the defendant 
or counsel for the defendant all material contained in any 
presentence report, except material the judge decides is required 
to be withheld to protect human life or national security. 
Presentence information withheld from the defendant may not be 
considered in deciding whether the factors specified in subsection 
(c) of this section exist. 
(3) Information relevant to the mitigating factors specified in 
subsection (c)(1) of this section may be presented by the Government 
or the defendant without regard to the rules governing the 
admissibility of evidence at criminal trials. The burden of establish-
ing the existence of a mitigating factor specified in subsection 
(c)(1) is on the defendant. 
(4) Information relevant to the aggravating factors specified 
in subsection (c)(2) of this section is admissible only under rules 
governing the admissibility of evidence at criminal trials. The bur-
den of establishing the existence of an aggravating factor specified 
in subsection (c)(2) is on the Government. 
(5) The Government and the defendant may rebut information 
presented at the hearing. They shall be given an opportunity to 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1243 
present arguments on the adequacy of the information to establish 
the existence of the factors specified in subsection (c) of this section. 
(c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may 
not impose the death penalty on a defendant if the jury or, if 
there is no jury, the judge finds under this section that at the 
time of the violation of section 46502 of this title— 
(A) the defendant was not yet 18 years of age; 
(B) the capacity of the defendant to appreciate the 
wrongfulness of the defendant's conduct or to conform the 
defendant's conduct to the requirements of law was impaired 
significantly, but the capacity was not impaired sufficiently 
to be a defense to prosecution; 
(C) the defendant was under unusual and substantial 
duress, but the duress was not sufficient to be a defense to 
prosecution; 
(D) the defendant was a principal (as defined in section 
2(a) of title 18) in a violation committed by another individual, 
but the participation of the defendant was relatively minor, 
although not sufficiently minor to be a defense to prosecution; 
or 
(E) the defendant reasonably could not have foreseen that 
the conduct of the defendant in the violation would cause 
or create a grave risk of causing death to another individual. 
(2) If none of the factors specified in paragraph (1) of this 
subsection exists, the judge shall impose the death penalty on 
the defendant if the jury or, if there is no jury, the .judge finds 
under this section that— 
(A) the death of another individual resulted from the viola-
tion after the defendant had seized or exercised control of 
the aircraft; or 
(B) the death of another individual resulted from the viola-
tion and— 
(i) the defendant has been convicted of another United 
States or State offense (committed before or at the time 
of the violation) for which punishment of life imprisonment 
or death could be imposed; 
(ii) the defendant has been convicted of at least 2 
United States or State offenses with a pei alty of more 
than one year of imprisonment (committed on different 
occasions before the time of the violation) that involved 
inflicting serious bodily injury on another individual; 
(iii) in committing the violation, the defendant know-
ingly created a grave risk of death to an individual in 
addition to the individual whose death resulted from the 
violation; or 
(iv) the defendant committed the violation in an espe-
cially heinous, cruel, or depraved manner. 
(d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there 
is no jury, the judge finds by a preponderance of the information 
that none of the mitigating factors specified in subsection (c)(1) 
of this section exists and that at least one of the aggravating 
factors specified in subsection (c)(2) of this section exists, the judge 
shall impose the death penalty on the defendant. If the jury or 
judge finds that at least one of the mitigating factors specified 
in subsection (c)(1) exists, or that none of the aggravating factors 
specified in subsection (c)(2) exists, the judge may not impose the 
108 STAT. 1244 
PUBLIC LAW 103-272—JULY 5, 1994 
death penalty on the defendant but shall impose another penalty 
provided for the defendant's violation of section 46502 of this title. 
(2) The jury or, if there is no jury, the judge shall return 
a special verdict containing findings on whether each of the factors 
specified in subsection (c) of this section exists. 
§46504. Interference with flight crew members and attend-
ants 
An individual on an aircraft in the special aircraft jurisdiction 
of the United States who, by assaulting or intimidating a flight 
crew member or flight attendant of the aircrsift, interferes with 
the performance of the duties of the member or attendant or lessens 
the ability of the member or attendant to perform those duties, 
shall be fined under title 18, imprisoned for not more than 20 
years, or both. However, if a dangerous weapon is used in assaulting 
or intimidating the member or attendant, the individual shall be 
imprisoned for any term of years or for life. 
§ 46505. Carrying a weapon or explosive on an aircraft 
(a) DEFINITION.—In this section, "loaded firearm" means a 
starter gun or a weapon designed or converted to expel a projectile 
through an explosive, that has a cartridge, a detonator, or powder 
in the chamber, magazine, cylinder, or clip. 
(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined 
under title 18, imprisoned for not more than one year, or both, 
if the individual— 
(1) when on, or attempting to get on, an aircraft in, or 
intended for operation in, air transportation or intrastate air 
transportation, has on or about the individual or the property 
of the individual a concealed dangerous weapon that is or 
would be accessible to the individual in flight; 
(2) has placed, attempted to place, or attempted to have 
placed a loaded firearm on that aircraft; in property not acces-
sible to passengers in flight; or 
(3) has on or about the individual, or has placed, attempted 
to place, or attempted to have placed on that aircraft, an 
explosive or incendiary device. 
(c) 
CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN 
LIFE.—^An individual who willfully and without regard for the safety 
of human life, or with reckless disregard for the safety of human 
life, violates subsection (b) of this section, shall be fined under 
title 18, imprisoned for not more than 5 years, or both. 
(d) NONAPPLICATION.—Subsection (b)(1) of this section does not 
apply to— 
(1) a law enforcement officer of a State or political subdivi-
sion of a State, or an officer or employee of the United States 
Government, authorized to carry arms in an official capacity; 
(2) another individual the Administrator of the Federal 
Aviation Administration by regulation authorizes to carry a 
dangerous weapon in air transportation or intrastate air 
transportation; or 
(3) an individual transporting a weapon (except a loaded 
firearm) in baggage not accessible to a passenger in flight 
if the air carrier was informed of the presence of the weapon. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1245 
§ 46506. Application of certain criminal laws to acts on air-
craft 
An individual on an aircraft in the special aircraft jurisdiction 
of the United States who commits an act that— 
(1) if committed in the special maritime and territorial 
jurisdiction of the United States (as defined in section 7 of 
title 18) would violate section 113, 114, 661, 662, 1111, 1112, 
1113, or 2111 or chapter 109A of title 18, shall be fined under 
title 18, imprisoned under that section or chapter, or both; 
or 
(2) if committed in the District of Columbia would violate 
section 9 of the Act of July 29, 1892 (D.C. Code §22-1112), 
shall be fined under title 18, imprisoned under section 9 of 
the Act, or both. 
§ 46507. False information and threats 
An individual shall be fined under title 18, imprisoned for 
not more than 5 years, or both, if the individual— 
(1) knowing the information to be false, willfully and mali-
ciously or with reckless disregard for the safety of human 
life, gives, or causes to be given, under circumst£inces in which 
the information reasonably may be believed, false information 
about an alleged attempt being made or to be made to do 
an act that would violate section 46502(a), 46504, 46505, or 
46506 ofthis title; or 
(2)(A) threatens to violate section 46502(a), 46504, 46505, 
or 46506 of this title, or causes a threat to violate any of 
those sections to be made; and 
(B) has the apparent determination aiid will to carry out 
the threat. 
PART B—AIRPORT DEVELOPMENT AND NOISE 
CHAPTER 471~AIRPORT DEVELOPMENT 
SUBCHAPTER I—AIRPORT IMPROVEMENT 
Sec. 
47101. 
Policies. 
47102. 
Definitions. 
47103. National plan of integrated airport systems. 
47104. Project grant authority. 
47105. Project grant applications. 
47106. Project grant application approval conditioned on satisfaction of project re-
quirements. 
47107. Project grant application approval conditioned on assurances about airport 
operations. 
47108. Project grant agreements. 
47109. United States Government's share of project costs. 
47110. Allowable project costs. 
47111. Payments under project !^ant agreements. 
47112. Carrying out airport development projects. 
47113. Minority and disadvantaged business participation. 
47114. 
Apportionments. 
47115. Discretionary fund. 
47116. Small airport fund. 
47117. Use of apportioned amounts. 
47118. Designating current and former military airports. 
47119. Terminal development costs. 
47120. Grant priority. 
47121. Records and audits. 
47122. 
Administrative. 
47123. 
Nondiscrimination. 
108 STAT. 1246 
PUBLIC LAW 103-272—JULY 5, 1994 
47124. Agreements for State and local operation of airport facilities. 
47125. Conveyances of United States Government land. 
47126. Criminal penalties for false statements. 
47127. Ground transportation demonstration projects. 
47128. State block grant pilot program. 
47129. Annued report. 
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS 
47151. Authority to transfer an interest in surplus property. 
47152. Terms of gifts. 
47153. Waiving and adding terms. 
SUBCHAPTER I—AIRPORT IMPROVEMENT 
§47101. Policies 
(a) GENERAL.—It is the policy of the United States— 
(1) that the safe operation of the airport and airway system 
is the highest aviation priority; 
(2) that aviation facilities be constructed and operated to 
minimize current and projected noise impact on nearby commu-
nities; 
(3) to give special emphasis to developing reliever airports; 
(4) that appropriate provisions should be made to make 
the development and enhancement of cargo hub airports easier; 
(5) to encourage the development of transportation systems 
that use various modes of transportation in a way that will 
serve the States and local communities efficiently and effec-
tively; 
(6) that airport development projects under this subchapter 
provide for the protection and enhancement of natural resources 
and the quality of the environment of the United States; 
(7) that airport construction and improvement projects that 
increase the capacity of facilities to accommodate passenger 
and cargo traffic be undertaken to the maximum feasible extent 
^ 
so that safety and efficiency increase and delays decrease; 
(8) to ensure that nonaviation usage of the navigable air-
space be accommodated but not allowed to decrease the safety 
and capacity of the airspace and airport system; 
(9) that artificial restrictions on airport capacity— 
(A) are not in the public interest; 
(B) should be imposed to alleviate air traffic delays 
only after other reasonably available and less burdensome 
alternatives have been tried; and 
(C) should not discriminate unjustly between categories 
and classes of aircraft; and 
(10) that special emphasis should be placed on converting 
appropriate former military air bases to civil use and identifying 
and improving additional joint-use facilities. 
(b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the 
United States to develop a national intermodal transportation sys-
tem that transports passengers and property in an efficient manner. 
The future economic direction of the United States depends on 
its ability to confront directly the enormous challenges of the global 
economy, declining productivity growth, energy vulnerability, air 
pollution, and the need to rebuild the infrastructure of the United 
States. 
(2) United States leadership in the world economy, the expand-
ing wealth of the United States, the competitiveness of the industry 
of the United States, the standard of living, and the quality of 
life are at stake. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1247 
(3) A national intermodal transportation system is a coordi-
nated, flexible network of diverse but complementary forms of 
transportation that transports passengers and property in the most 
efficient manner. By reducing transportation costs, these intermodal 
systems will enhance the ability of the industry of the United 
States to compete in the global marketplace. 
(4) All forms of transportation, including aviation and other 
transportation systems of the future, will be full partners in the 
effort to reduce energy consumption and air pollution while promot-
ing economic development. 
(5) An intermodal transportation system consists of transpor-
tation hubs that connect different forms of appropriate transpor-
tation and provides users with the most efficient means of 
transportation and with access to commercial centers, business 
locations, population centers, and the vast rural areas of the United 
States, as well as providing links to other forms of transportation 
and to intercity connections. 
(6) Intermodality and flexibility are paramount issues in the 
process of developing an integrated system that will obtain the 
optimum yield of United States resources. 
(7) The United States transportation infrastructure must be 
reshaped to provide the economic underpinnings for the United 
States to compete in the 21st century global economy. The United 
States can no longer rely on the sheer size of its economy to 
dominate international economic rivals and must recognize fully 
that its economy is no longer a separate entity but is part of 
the global marketplace. The future economic prosperity of the 
United States depends on its ability to compete in an international 
marketplace that is teeming with competitors but in which a full 
one-quarter of the economic activity of the United States takes 
place. 
(8) The United States must make a national commitment to 
rebuild its infrastructure through development of a national inter-
modal transportation system. The United States must provide the 
foundation for its industries to improve productivity and their abil-
ity to compete in the global economy with a system that will 
transport passengers and property in an efficient manner. 
(c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the 
public interest to recognize the effects of airport capacity expansion 
projects on aircraft noise. Efforts to increase capacity through any 
means 
can 
have 
an 
impact 
on 
surrounding 
communities. 
Noncompatible land uses around airports must be reduced and 
efforts to mitigate noise must be given a high priority. 
(d) CONSISTENCY WITH AIR COMMERCE AND SAFETY POLICIES.— 
Each airport and airway program should be carried out consistently 
with section 40101(a), (b), (d), and (f) of this title to foster competi-
tion, prevent unfair methods of competition in air transportation, 
maintain essential air transportation, and prevent unjust and 
discriminatory practices, including as the practices may be applied 
between categories and classes of aircraft. 
(e) ADEQUACY OF NA\aGATiON AIDS AND AIRPORT FACILITIES.— 
This subchapter should be carried out to provide adequate naviga-
tion aids and airport facilities for places at which scheduled commer-
cial air service is provided. The facilities provided may include— 
(1) reliever airports; and 
(2) heliports designated by the Secretary of Transportation 
to relieve congestion at commercial service airports by diverting 
108 STAT. 1248 
PUBLIC LAW 103-272—JULY 5, 1994 
aircraft passengers from fixed-wing aircraft to helicopter car-
riers. 
(f) MAXIMUM USE OF SAFETY FACILITIES.—This subchapter 
should be carried out consistently with a comprehensive airspace 
system plan, giving highest priority to commercial service airports, 
to meiximize the use of safety facilities, including installing, operat-
ing, and maintaining, to the extent possible with available money 
and considering other safety needs— 
(1) electronic or visual vertical guidance on each runway; 
(2) grooving or friction treatment of each primary and 
secondary runway; 
(3) distance-to-go signs for each primary and secondary 
runway; 
(4) a precision approach system, a vertical visual guidance 
system, and a full approach light system for each primary 
runway; 
(5) a nonprecision instrument approach for each secondary 
runway; 
(6) runway end identifier lights on each runway that does 
not have an approach light system; 
(7) a surface movement radar system at each category 
III airport; 
(8) a taxiway lighting and sign system; 
(9) runway edge lighting and marking; and 
(10) radar approach coverage for each airport terminal 
area. 
(g) COOPERATION.—^To carry out the policy of subsection (a)(5) 
of this section, the Secretary of Transportation shall cooperate 
with State and local officials in developing airport plans and pro-
grams that are based on overall transportation needs. The airport 
plans and programs shall be developed in coordination with other 
transportation planning and considering comprehensive long-range 
land-use plans and overall social, economic, environmental, system 
performance, and energy conservation objectives. The process of 
developing airport plans and programs shall be continuing, coopera-
tive, and comprehensive to the degree appropriate to the complexity 
of the transportation problems. 
(h) CONSULTATION.—To carry out the policy of subsection (a)(6) 
of this section, the Secretary of Transportation shall consult with 
the Secretary of the Interior and the Administrator of the Environ-
mental Protection Agency about any project included in a project 
grant application involving the location of an airport or runway, 
or a major runway extension, that may have a significant effect 
on— 
(1) natural resources, including fish and wildlife; 
(2) natural, scenic, and recreation assets; 
(3) water and air quality; or 
(4) another factor affecting the environment. 
§47102. Definitions 
In this subchapter— 
(1) "air carrier airport" means a public airport regularly 
served by— 
(A) an air carrier certificated by the Secretary of 
Transportation under section 41102 of this title (except 
a charter air carrier); or 
(B) at least one air carrier— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1249 
(i) operating under an exemption from section 
41101(a)(1) of this title that the Secretary grants; and 
(ii) having at least 2,500 passenger boardings at 
the airport during the prior calendar year. 
(2) "airport"— 
(A) means— 
(i) an area of land or water used or intended 
to be used for the landing and taking off of aircreift; 
(ii) an appurtenant area used or intended to be 
used for airport buildings or other airport facilities 
or rights of way; and 
(iii) airport buildings and facilities located in any 
of those areas; and 
(B) includes a heliport. 
(3) "airport development" means the following activities, 
if undertaken by the sponsor, owner, or operator of a public-
use airport: 
(A) constructing, repairing, or improving a public-use 
airport, including— 
(i) removing, lowering, relocating, marking, and 
lighting an airport hazard; and 
(ii) preparing a plan or specification, including 
canying out a field investigation, 
(B) acquiring for, or installing at, a public-use airport— 
(i) a navigation aid or another aid (including a 
precision approach system) used by aircraft for landing 
at or taking off from the airport, including preparing 
the site as required by the acquisition or installation; 
(ii) safety or security equipment the Secretary 
requires by regulation for, or approves as contributing 
significantly to, the safety or security of individuals 
and property at the airport; 
(iii) equipment to remove snow, to measure runway 
surface friction, or for aviation-related weather report-
ing; 
(iv) firefighting and rescue equipment at an airport 
that serves scheduled passenger operations of air car-
rier aircraft designed for more than 20 passenger seats; 
(v) aircraft deicing equipment and 
structures 
(except aircraft deicing fluids and storage facilities for 
the equipment and fluids); and 
(vi) interactive training systems. 
(C) acquiring an interest in land or airspace, including 
land for future airport development, that is needed— 
(i) to carry out airport development described in 
subclause (A) or (B) of this clause; or 
(ii) to remove or mitigate an existing airport haz-
ard or prevent or limit the creation of a new airport 
hazard. 
(D) acquiring land for, or constructing, a bum area 
training structure on or off the airport to provide live 
fire drill training for aircraft rescue and firefighting person-
nel required to receive the training under regulations the 
Secretary prescribes, including basic equipment and mini-
mum structures to support the training under standards 
the Administrator of the Federal Aviation Administration 
prescribes. 
108 STAT. 1250 
PUBLIC LAW 103-272—JULY 5, 1994 
(E) relocating after December 31, 1991, an air traffic 
control tower and any navigational aid (including radar) 
if the relocation is necessary to carry out a project approved 
by the Secretary under this subchapter. 
(F) constructing, reconstructing, repairing, or improv-
ing an airport, or purchasing capital equipment for an 
airport, if paid for by a grant under this subchapter and 
necessary for compliance with the responsibilities of the 
operator or owner of the airport under the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the 
Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), except 
constructing or purchasing capital equipment that would 
benefit primarily a revenue-producing area of the airport 
, i used by a nonaeronautical business. 
(G) acquiring land for, or work necessary to construct, 
a pad suitable for deicing aircraft before takeoff at a 
; : • ; 
commercial service airport, including constructing or 
reconstructing paved areas, drainage collection structures, 
r. 
treatment and discharge systems, appropriate lighting, 
paved access for deicing vehicles and aircraft, but not 
,. 
including acquiring aircraft deicing fluids or constructing 
or reconstructing storage facilities for aircraft deicing 
equipment or fluids. 
(4) "airport hazard" means a structure or object of natural 
growth located on or near a public-use airport, or a use of 
land near the airport, that obstructs or otherwise is hazardous 
to the landing or taking off of aircraft at or from the airport. 
(5) "airport planning" means planning as defined by regula-
tions the Secretary prescribes and includes integrated airport 
system planning. 
(6) "amount made available under section 48103 of this 
title" means the amount authorized for grants under section 
•'• 48103 of this title as reduced by any law enacted after Septem-
ber 3, 1982. 
(7) "commercial service airport" means a public airport 
in a State that the Secretary determines has at least 2,500 
passenger boardings each year and is receiving scheduled pas-
senger aircraft service. 
(8) "integrated airport system planning" means developing 
for planning purposes information and guidance to decide the 
extent, kind, location, and timing of airport development needed 
in a specific area to establish a viable, balanced, and integrated 
system of public-use airports, including— 
(A) identifying system needs; 
(B) developing an estimate of systemwide development 
costs; 
(C) conducting studies, surveys, and other planning 
actions, including those related to airport access, needed 
to decide which aeronautical needs should be met by a 
system of airports; and 
(D) standards prescribed by a State, except standards 
for safety of approaches, for airport development at 
nonprimary public-use airports. 
(9) "landed weight" means the weight of aircraft transport-
ing only cargo in intrastate, interstate, and foreign air transpor-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1251 
tation, as the Secretary determines under regulations the Sec-
retary prescribes. 
(10) "passenger boardings"— 
(A) means revenue passenger boardings on an aircraft 
in service in air commerce as the Secretary determines 
under regulations the Secretary prescribes; and 
(B) includes passengers who continue on an aircraft 
in international flight that stops at an airport in the 48 
contiguous States, Alaska, or Hawaii for a nontraffic pur-
pose. 
(11) "primary airport" means a commercial service airport 
the Secretary determines to have more than 10,000 passenger 
boardings each year. 
(12) "project" means a project, separate projects included 
in one project grant application, or all projects to be undertaken 
at an airport in a fiscal year, to achieve airport development 
or airport planning. 
(13) "project cost" means a cost involved in carrying out 
a project. 
(14) "project grant" means a grant of money the Secretary 
makes to a sponsor to carry out at least one project. 
(15) "public agency" means— 
(A) a State or political subdivision of a State; 
(B) a tax-supported organization; or 
(C) an Indian tribe or pueblo. 
(16) "public airport" means an airport used or intended 
to be used for public purposes— 
(A) that is under the control of a public agency; and 
(B) of which the area used or intended to be used 
for the landing, taking off, or surface maneuvering of air-
craft is publicly owned. 
(17) "public-use airport" means— 
(A) a public airport; or 
(B) a privately-owned airport used or intended to be 
used for public purposes that is— 
(i) a reliever airport; or 
(ii) detennined by the Secretary to have at least 
2,500 passenger boardings each year and to receive 
scheduled passenger aircraft service. 
(18) "reliever airport" means an airport the Secretary des-
ignates to relieve congestion at a commercial service airport 
and to provide more general aviation access to the overall 
community. 
(19) "sponsor" means— 
(A) a public agency that submits to the Secretary under 
this subchapter an application for financial assistance; and 
(B) a private owner of a public-use airport that submits 
to the Secretary under this subchapter an application for 
financial assistance for the airport. 
(20) "State" means a State of the United States, the District 
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 
the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and Guam. 
§ 47103. National plan of integrated airport systems 
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Sec-
retary of Transportation shall maintain the plan for developing 
108 STAT. 1252 
PUBLIC LAW 103-272—JULY 5, 1994 
public-use airports in the United States, named "the national plan 
of integrated airport systems". The plan shall include the kind 
and estimated cost of eligible airport development the Secretary 
of Transportation considers necessary to provide a safe, efficient, 
and integrated system of public-use airports adequate to anticipate 
and meet the needs of civil aeronautics, to meet the national defense 
requirements of the Secretary of Defense, and to meet identified 
needs of the United States Postal Service. Airport development 
included in the plan may not be limited to meeting the needs 
of any particular classes or categories of public-use airports. In 
maintaining the plan, the Secretary of Transportation shall consider 
the needs of each segment of civil aviation and the relationship 
of each airport to— 
(1) the rest of the transportation system in the particular 
area; 
(2) forecasted technological developments in aeronautics; 
and 
(3) forecasted developments in other modes of intercity 
transportation. 
(b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Sec-
retary of Transportation shall— 
(1) to the extent possible and as appropriate, consult with 
departments, agencies, and instrumentalities of the United 
States Government, with public agencies, and with the aviation 
community; 
(2) consider tall structures that reduce safety or airport 
capacity; and 
(3) make every reasonable effort to address the needs of 
air cargo operations, Short Takeoff and LandingA^ery Short 
Takeoff and Landing aircraft operations, and rotary wing air-
craft operations. 
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT 
FACILITIES.—^To the extent possible, the Secretary of Defense shall 
make domestic military airports and airport facilities available for 
civil use. In advising the Secretary of Transportation under sub-
section (a) of this section, the Secretary of Defense shall indicate 
the extent to which domestic military airports and airport facilities 
are available for civil use. 
(d) PUBLICATION.—^The Secretary of Transportation shall pub-
lish the status of the plan every 2 years. 
§ 47104. Project grant authority 
(a) GENERAL AUTHORITY.—^To maintain a safe and efficient 
nationwide system of public-use airports that meets the present 
and future needs of civil aeronautics, the Secretary of Transpor-
tation may make project grants under this subchapter from the 
Airport and Airway Trust Fund. 
(b) INCURRING OBLIGATIONS.—The Secretary may incur obliga-
tions to make grants from amounts made available under section 
48103 of this title as soon as the amounts are apportioned under 
section 47114(c) and (d)(2) of this title. 
(c) EXPIRATION OF AUTHORITY.—After September 30, 1993, 
the 
Secretary may not incur obligations under subsection (b) of this 
section, except for obligations of amounts remaining available after 
that date under section 47117(b) of this title. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1253 
§ 47105. Project grant applications 
(a) SUBMISSION AND CONSULTATION.—(1) An application for a 
project grant under this subchapter may be submitted to the Sec-
retary of Transportation by— 
(A) a sponsor; or 
(B) a State, as the only sponsor, for an airport development 
project benefitting at least 2 airports in the State or for airport 
planning for similar projects for at least 2 airports in the 
State i
f
— 
(i) the sponsor of each airport gives written consent 
that the State be the applicant; 
(ii) the Secretary is satisfied there is administrative 
merit and aeronautical benefit in the State being the spon-
sor; and 
(iii) an acceptable agreement exists that ensures that 
the State will comply with appropriate grant conditions 
and other assurances the Secretary requires. 
(2) Before deciding to undertake an airport development project 
at an airport under this subchapter, a sponsor shall consult with 
the airport users that will be affected by the project. 
(3) This subsection does not authorize a public agency that 
is subject to the laws of a State to apply for a project grant 
in violation of a law of the State. 
(b) CONTENTS AND FORM.—^An application for a project grant 
under this subchapter— 
(1) shall describe the project proposed to be undertaken; 
(2) may propose a project only for a public-use airport 
included in the current national plan of integrated airport 
systems; 
(3) may propose airport development only if the develop-
ment complies with standards the Secretary prescribes or 
approves, including standards for site location, airport layout, 
site preparation, paving, lighting, and safety of approaches; 
and 
(4) shall be in the form and contain other information 
the Secretary prescribes. 
.-.^ 
(c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Sec-
retary may approve standards (except standards for safety of 
approaches) that a State prescribes for airport development at 
nonprimary public-use airports in the State. On approval under 
this subsection, a State's standards apply to the nonprimary public-
use airports in the State instead of the comparable standards pre-
scribed by the Secretary under subsection (b)(3) of this section. 
The Secretary, or the State with the approval of the Secretary, 
may revise standards approved under this subsection. 
(d) CERTIFICATION OF COMPLIANCE.—The Secretary may require 
a sponsor to certify that the sponsor will comply with this sub-
chapter in carrying out the project. The Secretary may rescind 
the acceptance of a certification at any time. This subsection does 
not affect an obligation or responsibility of the Secretary under 
another law of the United States. 
(e) NOTIFICATION.—^The sponsor of an airport for which an 
amount is apportioned under section 47114(c) of this title shall 
notify the Secretary of the fiscal year in which the sponsor intends 
to submit a project grant application for the apportioned amount. 
The notification shall be given by the time and contain the informa-
tion the Secretary prescribes. 
108 STAT. 1254 
PUBLIC LAW 103-272—JULY 5, 1994 
§47106. Project grant application approval conditioned on 
satisfaction of project requirements 
(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of 
Transportation may approve an application under this subchapter 
for a project grant only if the Secretary is satisfied that— 
(1) the project is consistent with plans (existing at the 
time the project is approved) of public agencies authorized 
by the State in which the airport is located to plan for the 
development of the area sur rounding the airport; 
(2) the project will contribute to carrying out this sub-
chapter; 
(3) enough money is available to pay the project costs 
that will not be paid by the United States Gk)vemment under 
this subchapter; 
(4) the project will be completed without unreasonable 
delay; and 
(5) the sponsor has authority to carry out the project as 
proposed. 
(b) 
AIRPORT 
DEVELOPMENT 
PROJECT 
GRANT APPLICATION 
APPROVAL.—The Secretary may approve an application under this 
subchapter for an airport development project grsmt for an airport 
only if the Secretary is satisfied that— 
(1) the sponsor, a public agency, or the Government holds 
good title to the areas of the airport used or intended to be 
used for the landing, taking off, or surface maneuvering of 
aircraft, or that good title will be acquired; 
(2) the interests of the community in or near which the 
project may be located have been given fair consideration; and 
(3) the application provides touchdown zone and centerline 
runway lighting, high intensity runway lighting, or land nec-
. essary for installing approach light systems that the Secretary, 
considering the category of the airport and the kind and volume 
of traffic using it, decides is necessary for safe and efficient 
use of the airport by aircraft. 
(c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may 
approve an application under this subchapter for an airport develop-
ment project involving the location of an airport or runway or 
a major runway extension— 
(A) only if the sponsor certifies to the Secretary that— 
(i) an opportunity for a public hearing was given to 
consider the economic, social, and environmental effects 
of the location and the location's consistency with the objec-
tives of any planning that the community has carried out; 
and 
(ii) the airport management board has voting represen-
tation from the communities in which the project is located 
or has advised the communities that they have the right 
to petition the Secretary about a proposed project; 
(B) only if the chief executive officer of the State in which 
the project will be located certifies in writing to the Secretary 
that there is reasonable assurance that the project will be 
located, designed, constructed, and operated in compliance with 
applicable air and water quality standards, except that the 
Administrator of the Environmental Protection Agency shall 
make the certification instead of the chief executive officer 
if— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1255 
(i) the State has not approved any applicable State 
or local standards; and 
(ii) the Administrator has prescribed applicable stand-
ards; and 
(C) if the application is found to have a significant adverse 
effect on natural resources, including fish and wildlife, natural, 
scenic, and recreation assets, water and air quality, or another 
factor affecting the environment, only after finding that no 
possible and prudent alternative to the project exists and that 
every reasonable step has been taken to minimize the adverse 
effect. 
(2) The Secretary may approve an application under this sub-
chapter for an airport development project that does not involve 
the location of an airport or runway, or a major runway extension, 
at an existing airport without requiring an environmental impact 
statement related to noise for the project if— 
(A) completing the project would allow operations at the 
airport involving aircraft complying with the noise standards 
prescribed for "stage 2" aircraft in section 36.1 of title 14, 
Code of Federal Regulations, to replace existing operations 
involving aircraft that do not comply with those standards; 
and 
(B) the project meets the other requirements under this 
subchapter. 
(3) At the Secretary's request, the sponsor shall give the Sec-
retary a copy of the transcript of any hearing held under paragraph 
(1)(A) of this subsection. 
(4)(A) Notice of certification or of refusal to certify under para-
graph (1)(B) of this subsection shall be provided to the Secretary 
not later than 60 days after the Secretary receives the application. 
(B) The Secretary shall condition approval of the application 
on compliance with the applicable standards during construction 
and operation. 
(5) The Secretary may make a finding under paragraph (1)(C) 
of this subsection only after completely reviewing the matter. The 
review and finding must be a matter of public record. 
(d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION 
APPROVAL.—(1) In this subsection, "general aviation airport" means 
a public airport that is not an air carrier airport. 
(2) The Secretary may approve an application under this sub-
chapter for an airport development project included in a project 
grant application involving the construction or extension of a run-
way at a general aviation airport located on both sides of a boundary 
line separating 2 counties within a State only if, before the applica-
tion is submitted to the Secretary, the project is approved by the 
governing body of each village incorporated under the laws of the 
State and located entirely within 5 miles of the nearest boundary 
of the airport. 
(e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold 
approval of an application under this subchapter for amounts appor-
tioned under section 47114(c) and (e) of this title for violating 
an assurance or requirement of this subchapter only if— 
(A) the Secretary provides the sponsor an opportunity for 
a hearing; and 
(B) not later than 180 days after the later of the date 
of the application or the date the Secretary discovers the non-
compliance, the Secretary finds that a violation has occurred. 
108 STAT. 1256 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) The 180-day period may be extended by— 
(A) agreement between the Secretary and the sponsor; or 
(B) the hearing officer if the officer decides an extension 
is necessary because the sponsor did not follow the schedule 
the officer established. 
(3) A person adversely affected by an order of the Secretary 
withholding approval may obtain review of the order by filing 
a petition in the United States Court of Appeals for the District 
of Columbia Circuit or in the court of appeals of the United States 
for the circuit in which the project is located. The action must 
be brought not later than 60 days after the order is served on 
the petitioner. 
§47107. Project grant application approval conditioned on 
assurances about airport operations 
(a) 
GENERAL 
WRITTEN 
ASSURANCES.—The 
Secretary 
of 
Transportation may approve a project grant application under this 
subchapter for an airport development project only if the Secretary 
receives written assursinces, satisfactory to the Secretary, that— 
(1) the airport will be available for public use on reasonable 
conditions and without unjust discrimination; 
(2) air carriers making similar use of the airport will be 
subject to substantially comparable charges— 
(A) for facilities directly and substantially related to 
providing air transportation; and 
(B) regulations and conditions, except for differences 
based on reasonable classifications, such as between— 
(i) tenants and nontenants; and 
(ii) signatory and nonsignatory carriers; 
(3) the airport operator will not withhold unreasonably 
the classification or status of tenant or signatory from an air 
carrier that assumes obligations substantially similar to those 
already imposed on air carriers of that classification or status; 
(4) a person providing, or intending to provide, aeronautical 
services to the public will not be given an exclusive right 
to use the airport, with a right given to only one fixed-base 
operator to provide services at an airport deemed not to be 
an exclusive right if— 
(A) the right would be unreasonably costly, burden-
some, or impractical for more than one fixed-base operator 
to provide the services; and 
J 
(B) allowing more than one fixed-base operator to pro-
vide the services would require reducing the space leased 
under an existing agreement between the one fixed-base 
operator and the airport owner or operator; 
(5) fixed-base operators similarly using the airport will 
be subject to the same charges; 
(6) an air carrier using the airport may service itself or 
use any fixed-base operator allowed by the airport operator 
to service any carrier at the airport; 
(7) the airport and facilities on or connected with the air-
port will be operated and maintained suitably, with consider-
ation given to climatic and flood conditions; 
(8) a proposal to close the airport temporarily for a 
nonaeronautical purpose must first be approved by the Sec-
retary; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1257 
(9) appropriate action will be taken to ensure that terminal 
airspace required to protect instrument and visual operations 
to the airport (including operations at established minimum 
flight altitudes) will be cleared and protected by mitigating 
existing, and preventing future, airport hazards; 
(10) appropriate action, including the adoption of zoning 
laws, has been or will be taken to the extent reasonable to 
restrict the use of land next to or near the airport to uses 
that are compatible with normal airport operations; 
(11) each of the airport's facilities developed with financial 
assistance from the United States Government and each of 
the airport's facilities usable for the landing and taking off 
of aircraft always will be available without charge for use 
by Government aircraft in common with other aircraft, except 
that if the use is substantial, the Government may be charged 
a reasonable share, proportionate to the use, of the cost of 
operating and maintaining the facility used; 
(12) the airport owner or operator will provide, without 
charge to the Government, property interests of the sponsor 
in land or water areas or buildings that the Secretary decides 
are desirable for, and that will be used for, constructing at 
Government expense, facilities for carrying out activities related 
to air traffic control or navigation; 
(13) the airport owner or operator will maintain a schedule 
of charges for use of facilities and services at the airport— 
(A) that will make the airport as self-sustaining as 
possible under the circumstances existing at the airport, 
including volume of traffic and economy of collection; and 
(B) without including in the rate base used for the 
charges the Government's share of costs for any project 
for which a grant is made under this subchapter or was 
made under the Federal Airport Act or the Airport and 
Airway Development Act of 1970; 
(14) the project accounts and records will be kept using 
a standard system of accounting that the Secretary, after 
consulting with appropriate public agencies, prescribes; 
(15) the airport owner or operator will submit any annual Reports, 
or special airport financial and operations reports to the Sec-
retary that the Secretary reasonably requests; 
(16) the airport owner or operator will maintain a current 
layout plan of the airport that meets the following require-
ments: 
(A) the plan will be in a form the Secretary prescribes; 
(B) the Secretary will approve the plan and any revi-
sion or modification before the plan, revision, or modifica-
tion takes effect; 
(C) the owner or operator will not make or allow any 
alteration in the airport or any of its facilities if the alter-
ation does not comply with the plan the Secretary approves, 
and the Secretary is of the opinion that the alteration 
may affect adversely the safety, utility, or efficiency of 
the airport; and 
(D) when an alteration in the airport or its facility 
is made that does not conform to the approved plan and 
that the Secretary decides adversely affects the safety, 
utility, or efficiency of any property on or off the airport 
108 STAT. 1258 
PUBLIC LAW 103-272—JULY 5, 1994 
that is owned, leased, or financed by the Government, 
the owner or operator, if requested by the Secretary, will— 
(i) eliminate the adverse effect in a way the Sec-
retary approves; or 
(ii) bear all cost of relocating the property or its 
replacement to a site acceptable to the Secretary and 
of restoring the property or its replacement to the 
level of safety, utility, efficiency, and cost of operation 
that existed before the alteration was made; 
(17) each contract and subcontract for program manage-
. 
ment, construction management, planning studies, feasibility 
. studies, architectural services, preliminary engineering, design, 
engineering, surveying, mapping, and related services will be 
awarded in the same way that a contract for architectural 
and engineering services is negotiated under title IX of the 
. Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 541 et seq.) or an equivalent 
qualifications-based 
. requirement prescribed for or by the sponsor; and 
Public 
(18) the airport and each airport record will be available 
mformation. 
f^j. inspection by the Secretary on reasonable request, and 
a report of the airport budget will be available to the public 
at reasonable times and places. 
(b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Sec-
retary of Transportation may approve a project grant application 
under this subchapter for an airport development project only if 
the Secretary receives written assurances, satisfactory to the Sec-
retary, that local taxes on aviation fuel (except taxes in effect 
on December 30, 1987) and the revenues generated by a public 
airport will be expended for the capital or operating costs of— 
(A) the airport; 
(B) the local airport system; or 
(C) other local facilities owned or operated by the airport 
owner or operator and directly and substantially related to 
the air transportation of passengers or property. 
(2) Paragraph (1) of this subsection does not apply if a provision 
enacted not later than September 2, 1982, in a law controlling 
financing by the airport owner or operator, or a covenant or assur-
ance in a debt obligation issued not later than September 2, 1982, 
by the owner or operator, provides that the revenues, including 
local taxes on aviation fuel at public airports, from any of the 
facilities of the owner or operator, including the airport, be used 
to support not only the airport but also the general debt obligations 
or other facilities of the owner or operator. 
(3) This subsection does not prevent the use of a State tax 
on aviation fuel to support a State aviation program or the use 
of airport revenue on or off the airport for a noise mitigation 
purpose. 
(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) In this 
subsection, land is needed for an airport purpose (except a noise 
compatibility purpose) i
f
— 
(A)(i) the land may be needed for an aeronautical purpose 
(including runway protection zone) or serves as noise buffer 
land; and 
(ii) revenue from interim uses of the land contributes to 
the financial self-sufficiency of the airport; and 
(B) for land purchased with a grant the owner or operator 
received not later than December 30, 1987, the Secretary of 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1259 
Transportation or the department, agency, or instrumentality 
of the Government that made the grant was notified by the 
owner or operator of the use of the land and did not object 
to the use and the land is still being used for that purpose. 
(2) The Secretary of Transportation may approve an application 
under this subchapter for an airport development project grant 
only if the Secretary receives written assurances, satisfactory to 
the Secretary, that if an airport owner or operator has received 
or will receive a grant for acquiring land and— 
(A) if the land was or will be acquired for a noise compat-
ibility purpose— 
(i) the owner or operator will dispose of the land at 
fair market value at the earliest practicable time after 
the land no longer is needed for a noise compatibility 
purpose; 
(ii) the disposition will be subject to retaining or reserv-
ing an interest in the land necessary to ensure that the 
land will be used in a way that is compatible with noise 
levels associated with operating the airport; and 
(iii) the part of the proceeds from disposing of the 
land that is proportional to the Government's share of 
the cost of acquiring the land will be paid to the Secretary 
for deposit in the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9502) or, as the Secretary prescribes, 
reinvested in an approved noise compatibility project; or 
(B) if the land was or will be acquired for an airport 
purpose (except a noise compatibility purpose)— 
(i) the owner or operator, when the land no longer 
is needed for an airport purpose, will dispose of the land 
at fair market value or make available to the Secretary 
an amount equal to the Government's proportional share 
^
^ 
of the fair market value; 
(ii) the disposition will be subject to retaining or reserv-
ing an interest in the land necessary to ensure that the 
land will be used in a way that is compatible with noise 
levels associated with operating the airport; and 
(iii) the part of the proceeds from disposing of the 
land that is proportional to the Government's share of 
the cost of acquiring the land will be reinvested, on applica-
tion to the Secretary, in another eligible airport develop-
ment project the Secretary approves under this subchapter 
or paid to the Secretary for deposit in the Fund if another 
I 
eligible project does not exist. 
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) 
of this subsection and deposited in the Airport and Airway Trust 
Fund are available as provided in subsection (f) of this section. 
(d) ASSURANCES OF CONTINUATION AS PUBLIC-USE AIRPORT.— 
The Secretary of Transportation may approve an application under 
this subchapter for an airport development project grant for a 
privately owned public-use airport only if the Secretary receives 
appropriate assurances that the airport will continue to function 
as a public-use airport during the economic life (that must be 
at least 10 years) of any facility at the airport that was developed 
with Government financial assistance under this subchapter, 
(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSI-
NESS CONCERNS.—(1) The Secretary of Transportation may approve 
108 STAT. 1260 
PUBLIC LAW 103-272—JULY 5, 1994 
a project grant application under this subchapter for an airport 
development project only if the Secretary receives written assur-
ances, satisfactory to the Secretary, that the airport owner or opera-
tor will take necessary action to ensure, to the maximum extent 
practicable, that at least 10 percent of all businesses at the airport 
selling consumer products or providing consumer services to the 
public are small business concerns (as defined by regulations of 
the Secretary) owned and controlled by a socially and economically 
disadvantaged individual (as defined in section 47113(a) of this 
title). 
(2) An airport owner or operator may meet the percentage 
goal of paragraph (1) of this subsection by including any business 
operated through a management contract or subcontract. The dollar 
amount of a management contract or subcontract with a disadvan-
taged business enterprise shall be added to the total participation 
by disadvantaged business enterprises in airport concessions and 
to the base from which the airport's percentage goal is calculated. 
The dollar amount of a management contract or subcontract with 
a non-disadvantaged business enterprise and the gross revenue 
of business activities to which the management contract or sub-
contract pertains may not be added to this base. 
(3) Except as provided in paragraph (4) of this subsection, 
an airport owner or operator may meet the percentage goal of 
paragraph (1) of this subsection by including the purchase from 
disadvantaged business enterprises of goods and services used in 
businesses conducted at the airport, but the owner or operator 
and the businesses conducted at the airport shall make good faith 
efforts to explore all available options to achieve, to the maximum 
extent practicable, compliance with the goal through direct owner-
ship arrangements, including joint ventures and franchises. 
(4)(A) In complying with paragraph (1) of this subsection, an 
airport owner or operator shall include the revenues of car rental 
firms at the airport in the base from which the percentage goal 
in paragraph (1) is calculated. 
(B) An airport owner or operator may require a car rental 
firm to meet a requirement under paragraph (1) of this subsection 
by purchasing or leasing goods or services from a disadvantaged 
business enterprise. If an owner or operator requires such a pur-
chase or lease, a car rental firm shall be permitted to meet the 
requirement by including purchases or leases of vehicles from any 
vendor that qualifies as a small business concern owned and con-
trolled by a socially and economically disadvantaged individual. 
(C) This subsection does not require a car rental firm to change 
its corporate structure to provide for direct ownership arrangements 
to meet the requirements of this subsection. 
(5) This subsection does not preempt— 
(A) a State or local law, regulation, or policy enacted by 
the governing body of an airport owner or operator; or 
(B) the authority of a State or local government or airport 
owner or operator to adopt or enforce a law, regulation, or 
, , policy related to disadvantaged business enterprises. 
(6) An airport owner or operator may provide opportunities 
for a small business concern owned and controlled by a socially 
and economically disadvantaged individual to participate through 
direct contractual agreement with that concern. 
(7) An air carrier that provides passenger or property-carrying 
services or another business that conducts aeronautical activities 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1261 
at an airport may not be included in the percentage goal of para-
graph (1) of this subsection for participation of small business 
concerns at the airport. 
(8) Not later than April 29, 1993, the Secretary of Transpor-
tation shall prescribe regulations to carry out this subsection. 
(f) AVAILABILITY OF AMOUNTS.—^An amount deposited in the 
Airport and Airway Trust Fund under— 
(1) subsection (c)(2)(A)(iii) of this section is available to 
the Secretary of Transportation to make a grant for airport 
development or airport planning under section 47104 of this 
title; 
(2) subsection (c)(2)(B)(iii) of this section is available to 
the Secretary— 
(A) to make a grant for a purpose described in section 
47115(b) of this title; and 
(B) for use under section 47114(d)(2) of this title at 
another airport in the State in which the land was disposed 
of under subsection (c)(2)(B)(ii) of this section; and 
(3) subsection (c)(2)(B)(iii) of this section is in addition 
to an amount made available to the Secretary under section 
48103 of this title £md not subject to apportionment under 
section 47114 of this title. 
(g) ENSURING COMPLIANCE.—(1) To ensure compHance with this 
section, the Secretary of Transportation— 
(A) shall prescribe requirements for sponsors that the Sec-
retary considers necessary; and 
(B) may make a contract with a public agency. 
(2) The Secretary of Transportation may approve an application 
for a project grant only if the Secretary is satisfied that the require-
ments prescribed under paragraph (1)(A) of this subsection have 
been or will be met. 
(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH 
ADDITIONAL ASSURANCES.—Before modifying an assurance required 
of a person receiving a grant under this subchapter and in effect 
gifter December 29, 1987, or to require compliance with an additional 
assurance from the person, the Secretary of Transportation must— 
(1) publish notice of the proposed modification in the Fed-
eral Register; and 
(2) provide an opportunity for comment on the proposal. 
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When 
a sponsor provides a property interest in a land or water area 
or a building that the Secretary of Transportation uses to construct 
a facility at Government expense, the Secretary may relieve the 
sponsor from an obligation in a contract made under this chapter, 
the Airport and Airway Development Act of 1970, or the Federal 
Airport Act to provide free space to the Government in an airport 
building, to the extent the Secretary finds that the free space 
no longer is needed to carry out activities related to air traffic 
control or navigation. 
(j) USE OF REVENUE IN HAWAII.—(1) In this subsection— 
(A) "duty-free merchandise" and "duty-free sales enterprise" 
have the same meanings given those terms in section 555(b)(8) 
of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)). 
(B) "highway" and "Federal-aid system" have the same 
meanings given those terms in section 101(a) of title 23. 
(2) Notwithstanding subsection (b)(1) of this section, Hawaii 
may use, for a project for construction or reconstruction of a highway 
Regulations. 
Federal 
Register, 
publication. 
79-194 
O—95—18: QL 3 Part 2 
108 STAT. 1262 
PUBLIC LAW 103-272—JULY 5, 1994 
on a Federal-aid system that is not more than 10 miles by road 
from an airport and that will facilitate access to the airport, revenue 
from the sales at off-airport locations in Hawaii of duty-free mer-
chandise under a contract between Hawaii and a duty-free sales 
enterprise. However, the revenue resulting during a Hawaiian fiscal 
year may be used only if the amount of the revenue, plus amounts 
Hawaii receives in the fiscal year from all other sources for costs 
Hawaii incurs for operating all airports it operates and for debt 
service related to capital projects for the airports (including interest 
and amortization of principal costs), is more than 150 percent 
of the projected costs for the fiscal year. 
(3)(A) Revenue from sales referred to in paragraph (2) of this 
subsection in a Hawaiian fiscal year that Hawaii may use may 
not be more than the amount that is greater than 150 percent 
as determined under paragraph (2). 
(B) The maximum amount of revenue Hawaii may use under 
paragraph (2) of this subsection is $250,000,000. 
(4) If a fee imposed or collected for rent, landing, or service 
from an aircraft operator by an airport operated by Hawaii is 
increased during the period from May 4, 1990, through December 
31, 1994, by more than the percentage change in the Consumer 
Price Index of All Urban Consumers for Honolulu, Hawaii, that 
the Secretary of Labor publishes during that period and if revenue 
derived from the fee increases because the fee increased, the amount 
under paragraph (3)(B) of this subsection shall be reduced by the 
amount of the projected revenue increase in the period less the 
part of the increase attributable to changes in the Index in the 
period. 
(5) Hawaii shall determine costs, revenue, and projected reve-
nue increases referred to in this subsection and shall submit the 
determinations to the Secretary of Transportation. A determination 
is approved unless the Secretary disapproves it not later than 
30 days after it is submitted. 
(6) Hawaii is not eligible for a grant under section 47115 
of this title in a fiscal year in which Hawaii uses under paragraph 
(2) of this subsection revenue from sales referred to in paragraph 
(2). Hawaii shall repay amounts it receives in a fiscal year under 
a grant it is not eligible to receive because of this paragraph 
to the Secretary of Transportation for deposit in the discretionary 
fund established under section 47115. 
(7)(A) This subsection applies only to revenue from sales 
referred to in paragraph (2) of this subsection from May 5, 1990, 
through December 30, 1994, and to amounts in the Airport Revenue 
Fund of Hawaii that are attributable to revenue before May 4, 
1990, on sales referred to in paragraph (2). 
(B) Revenue from sales referred to in paragraph (2) of this 
subsection from May 5, 1990, through December 30, 1994, may 
be used under paragraph (2) in any Hawaiian fiscal year, including 
a Hawaiian fiscal year beginning after December 31, 1994. 
§ 47108. Project grant agreements 
(a) OFFER AND ACCEPTANCE.—On approving a project grant 
application under this subchapter, the Secretary of Transportation 
shall offer the sponsor a grant to pay the United States Govern-
ment's share of the project costs allowable under section 47110 
of this title. The Secretary may impose terms on the offer that 
the Secretary considers necessary to carry out this subchapter and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1263 
regulations prescribed under this subchapter. An offer shall state 
the obligations to be assumed by the sponsor and the maximum 
amount the Grovernment will pay for the project from the amounts 
authorized under chapter 481 of this title (except sections 48102(e), 
48106, 48107, and 48110). At the request of the sponsor, an offer 
of a grant for a project that will not be completed in one fiscal 
year shall provide for the obligation of amounts apportioned or 
to be apportioned to a sponsor under section 47114(c) of this title 
for the fiscal years necessary to pay the Government's share of 
the cost of the project. j\n offer that is accepted in writing by 
the sponsor is an agreement binding on the Grovernment and the 
sponsor. The Government may pay or be obligated to pay a project 
cost only after a grant agreement for the project is signed. 
(b) INCREASING GOVERNMENT'S SHARE UNDER THIS SUBCHAPTER 
OR CHAPTER 475.—(1) When an offer has been accepted in writing, 
the amount stated in the offer as the maximum amount the Govern-
ment will pay may be increased only as provided in paragraphs 
(2) and (3) of this subsection. 
(2)(A) For a project receiving assistance under a grant approved 
under the Airport and Airway Improvement Act of 1982 before 
October 1, 1987, the amount may be increased by not more than— 
(i) 10 percent for an airport development project, except 
a project for acquiring an interest in land; and 
(ii) 50 percent of the total increase in allowable project 
costs attributable to acquiring an interest in land, based on 
current creditable appraisals. 
(B) An increase under subparagraph (A) of this paragraph 
may be paid only from amounts the Government recovers from 
other grants made under this subchapter. 
(3) For a project receiving assistance under a grant approved 
under the Act, this subchapter, or chapter 475 of this title after 
September 30, 1987, the amount may be increased— 
(A) for an airport development project, by not more than 
15 percent; and 
(B) for a grant after September 30, 1992, to acquire an 
interest in land for an airport (except a primary airport), by 
not more than the greater of the following, based on current 
creditable appraisals or a court award in a condemnation 
proceeding: 
(i) 15 percent; or 
(ii) 25 percent of the total increase in allowable project 
costs attributable to acquiring an interest in land. 
(c) INCREASING GOVERNMENT'S SHARE UNDER AIRPORT AND AIR-
WAY DEVELOPMENT ACT OF 1970.—For a project receiving assistance 
under a grant made under the Airport and Airway Development 
Act of 1970, the maximum amount the Government will pay may 
be increased by not more than 10 percent. An increase under 
this subsection may be paid only from amounts the Government 
recovers from other grants made under the Act. 
(d) CHANGING WORKSCOPE.—With the consent of the sponsor, 
the Secretary may amend a grant agreement made under this 
subchapter to change the workscope of a project financed under 
the grant if the amendment does not result in an increase in 
the maximum amount the Government may pay under subsection 
(b) of this section. 
108 STAT. 1264 
PUBLIC LAW 103-272—JULY 5, 1994 
§47109. United States Government's share of project costs 
(a) GENERAL.—Except as provided in subsections (b) and (c) 
of this section, the United States Government's share of allowable 
project costs is— 
(1) 75 percent for a project at a primary airport having 
at least .25 percent of the total number of passenger boardings 
each year at all commercial service airports; and 
(2) 90 percent for a project at any other airport. 
(b) INCREASED GOVERNMENT SHARE.—If, under subsection (a) 
of this section, the Government's share of allowable costs of a 
project in a State containing unappropriated and unreserved public 
lands and nontaxable Indian lands (individual and tribal) of more 
than 5 percent of the total area of all lands in the State, is less 
than the share applied on June 30, 1975, under section 17(b) 
of the Airport and Airway Development Act of 1970, the Grovern-
ment's share under subsection (a) of this section shall be increased 
by the lesser of— 
(1) 25 percent; 
(2) one-half of the percentage that the area of unappropri-
ated and unreserved public lands and nontaxable Indian lands 
in the State is of the total area of the State; or 
(3) the percentage necessary to increase the Government's 
share to the percentage that applied on June 30, 1975, under 
section 17(b) of the Act. 
(c) LIMITATION.—^Notwithstanding subsections (a) and (b) of 
this section, the Government's share of project costs allowable under 
section 47110(d) of this title may not be more than 75 percent, 
except that the Government's share shall be 85 percent for a project 
at a commercial service airport that does not have more tnan 
.05 percent of the total annual passenger boardings in the United 
States. 
§47110. Allowable project costs 
(a) GENERAL AUTHORITY,—^Except as provided in section 47111 
of this title, the United States Government may pay or be obligated 
to pay, from amounts appropriated to carry out this subchapter, 
a cost incurred in carrying out a project under this subchapter 
only if the Secretary of Transportation decides the cost is allowable. 
(b) ALLOWABLE COST STANDARDS.—A project cost is allowable— 
(1) if the cost necessarily is incurred in carrying out the 
project in compliance with the grant agreement made for the 
project under this subchapter, including any cost a sponsor 
incurs related to an audit the Secretary requires under section 
47121(b) or (d) of this title; 
(2) if the cost is incurred— 
(A) after the grant agreement is executed and is for 
airport development or airport planning carried out sifter 
the grant agreement is executed; or 
(B) after June 1, 1989, by the airport operator (regard-
less of when the grant agreement is executed) as part 
of a Government-approved noise compatibility program 
(including project formulation costs) and is consistent with 
all applicable statutory and administrative requirements; 
(3) to the extent the cost is reasonable in amount; 
(4) if the cost is not incurred in a project for airport develop-
ment or airport planning for which other Government assist-
ance has been granted; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1265 
(5) if the total costs allowed for the project are not more 
than the amount stated in the grant agreement as the maxi-
mum the Grovernment will pay (except as provided in section 
47108(b) of this title). 
(c) CERTAIN PRIOR COSTS AS ALLOWABLE COSTS.—The Secretary 
may decide that a project cost under subsection (b)(2)(A) of this 
section incurred after May 13, 1946, and before the date the grant 
agreement is executed is allowable if it is— 
(1) necessarily incurred in formulating an airport develop-
ment project, including costs incurred for field surveys, plans 
and specifications, property interests in land or airspace, and 
administration or other incidental items that would not have 
been incurred except for the project; or 
(2) necessarily and directly incurred in developing the work 
scope of an airport planning project. 
(d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may 
decide that the cost of terminal development (including multi-modal 
terminal development) in a nonrevenue-producing public-use area 
of a commercial service airport is allowable for an airport develop-
ment project at the airport— 
(A) if the sponsor certifies that the airport, on the date 
the grant application is submitted to the Secretary, has— 
(i) all the safety equipment required for certification 
of the airport under section 44706 of this title; 
(ii) all the security equipment required by regulation; 
and 
(iii) provided for access, to the area of the airport 
for passengers for boarding or exiting aircraft, to those 
passengers boarding or exiting aircraft, except air carrier 
aircraft; 
(B) if the cost is directly related to moving passengers 
and baggage in air commerce within the airport, including 
vehicles for moving passengers between terminal facilities and 
between terminal facilities and aircraft; and 
(C) under terms necessary to protect the interests of the 
Government. 
(2) In making a decision under paragraph (1) of this subsection, 
the Secretary may approve as allowable costs the expenses of termi-
nal development in a revenue-producing area and construction, 
reconstruction, repair, and improvement in a nonrevenue-producing 
parking lot if— 
(A) the airport does not have more than .05 percent of 
the total annual passenger boardings in the United States; 
and 
(B) the sponsor certifies that any needed airport develop-
ment project affecting safety, security, or capacity will not 
be deferred because of the Secretary's approval. 
(e) LETTERS OF INTENT.—(1) The Secretary may issue a letter 
of intent to the sponsor stating an intention to obligate from future 
budget authority an amount, not more than the Grovernment's share 
of allowable project costs, for an airport development project (includ-
ing costs of formulating the project) at a primary or reliever airport. 
The letter shall establish a schedule under which the Secretary 
will reimburse the sponsor for the Government's share of allowable 
project costs, as amounts become available, if the sponsor, after 
the Secretary issues the letter, carries out the project without 
receiving amounts under this subchapter. 
108 STAT. 1266 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) Paragraph (1) of this subsection appUes to a project— 
(A) about which the sponsor notifies the Secretary, before 
the project begins, of the sponsor's intent to carry out the 
project; 
(B) that will comply with all statutory and administrative 
requirements that would apply to the project if it were carried 
out with amounts made available under this subchapter; and 
(C) the Secretary decides will enhance system-wide airport 
capacity significantly and meets the criteria of section 47115(d) 
of this title. 
(3) A letter of intent issued under paragraph (1) of this sub-
section is not an obligation of the Grovemment under section 1501 
of title 31, and the letter is not deemed to be an administrative 
commitment for financing. An obligation or administrative commit-
ment may be made only as amounts are provided in authorization 
and appropriation laws. 
(4) The total estimated amount of future Government obliga-
tions covered by all outstanding letters of intent under paragraph 
(1) of this subsection may not be more than the amount authorized 
to carry out section 48103 of this title, less an amount reasonably 
estimated by the Secretary to be needed for grants under section 
48103 that are not covered by a letter. 
(5) A letter of intent issued under paragraph (1) of this sub-
section may not condition the obligation of amounts on the imposi-
tion of a passenger facility fee. 
(f) NONALLOWABLE COSTS.—Except as provided in subsection 
(d) of this section and section 47118(f) of this title, a cost is not 
an allowable airport development project cost if it is for— 
(1) constructing a public parking facility for passenger auto-
mobiles; 
(2) constructing, altering, or repairing part of an airport 
building, except to the extent the building will be used for 
facilities or activities directly related to the safety of individuals 
at the airport; 
(3) decorative landscaping; or 
(4) providing or installing sculpture or art works. 
§ 47111. Payments under project grant agreements 
(a) GENERAL AUTHORITY.—^After making a project grant agree-
ment under this subchapter and consulting with the sponsor, the 
Secretary of Transportation may decide when and in what amounts 
payments under the agreement will be made. Payments totaling 
not more than 90 percent of the United States Government's share 
of the project's estimated allowable costs may be made before the 
project is completed if the sponsor certifies to the Secretary that 
the total amount expended from the advance payments at any 
time will not be more than the cost of the airport development 
work completed on the project at that time. 
(b) RECOVERING PAYMENTS.—If the Secretary determines that 
the total amount of payments made under a grant agreement under 
this subchapter is more than the Government's share of the total 
allowable project costs, the Government may recover the excess 
amount. If the Secretary finds that a project for which an advance 
payment was made has not been completed within a reasonable 
time, the Government may recover any part of the advance pajonent 
for which the Government received no benefit. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1267 
(c) PAYMENT DEPOSITS.—^A payment under a project grant 
agreement under this subchapter may be made only to an official 
or depository designated by the sponsor and authorized by law 
to receive public money. 
(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold 
a payment under a grant agreement under this subchapter for 
more than 180 days after the payment is due only if the Secretary— 
(A) notifies the sponsor and provides an opportunity for 
a hearing; and 
(B) finds that the sponsor has violated the agreement. 
(2) The 180-day period may be extended by— 
(A) agreement of the Secretary and the sponsor; or 
(B) the hearing officer if the officer decides an extension 
is necessary because the sponsor did not follow the schedule 
the officer established. 
(3) A person adversely affected by an order of the Secretary 
withholding a payment may apply for review of the order by filing 
a petition in the United States Court of Appeals for the District 
of Columbia Circuit or in the court of appeals of the United States 
for the circuit in which the project is located. The petition must 
be filed not later than 60 days after the order is served on the 
petitioner. 
§47112. Carrying out airport development projects 
(a) CONSTRUCTION WORK.—The Secretary of Transportation 
may inspect and approve construction work for an airport develop-
ment project carried out under a grant agreement under this sub-
chapter. The construction work must be carried out in compliance Regulations, 
with regulations the Secretary prescribes. The regulations shall 
require the sponsor to make necessary cost and progress reports 
on the project. The regulations may amend or modify a contract 
related to the project only if the contract was made with actual 
notice of the regulations. 
(b) PREVAILING WAGES.—^A contract for more than $2,000 
involving labor for an airport development project carried out under 
a grant agreement under this subchapter must require contractors 
to pay labor minimum wage rates as determined by the Secretary 
of Labor under the Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a—276a-5). The minimum rates must 
be included in the bids for the work and in the invitation for 
those bids. 
(c) VETERANS' PREFERENCE.—(1) In this subsection— 
(A) "disabled veteran" has the same meaning given that 
term in section 2108 of title 5. 
(B) "Vietnam-era veteran" means an individual who served 
on active duty (as defined in section 101 of title 38) in the 
armed forces for more than 180 consecutive days, any part 
of which occurred after August 4, 1964, and before May 8, 
1975, and who was separated from the armed forces under 
honorable conditions. 
(2) A contract involving labor for carrying out an airport devel-
opment project under a grant agreement under this subchapter 
must require that preference in the employment of labor (except 
in executive, administrative, and supervisory positions) be given 
to Vietnam-era veterans and disabled veterans when they are avail-
able and qualified for the emplo3rment. 
108 STAT. 1268 
PUBLIC LAW 103-272—JULY 5, 1994 
§47113. Minority and disadvantaged business participation 
(a) DEFINITIONS.—^In this section— 
(1) "small business concern"— 
(A) has the same meaning given that term in section 
3 of the Small Business Act (15 U.S.C. 632); but 
(B) does not include a concern, or group of concerns 
controlled by the same socially and economically disadvan-
taged individual, that has average annual gross receipts 
over the prior 3 fiscal years of more than $16,015,000, 
as adjusted by the Secretary of Transportation for inflation. 
(2) "socially and economically disadvantaged individual" 
has the same meaning given that term in section 8(c) of the 
Act (15 U.S.C. 637(c)) and relevant subcontracting regulations 
prescribed under section 8(c), except that women are presumed 
to be socially and economically disadvantaged. 
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary 
decides otherwise, at least 10 percent of amounts available in 
a fiscal year under section 48103 of this title shall be expended 
with small business concerns owned and controlled by socially and 
economically disadvantaged individuals. 
(c) UNIFORM CRITERIA.—The Secretary shall establish minimum 
uniform criteria for State governments and airport sponsors to 
use in certifying whether a small business concern qualifies under 
this section. The criteria shall include on-site visits, personal inter-
views, licenses, analyses of stock ownership and bonding capacity, 
listings of equipment and work completed, resumes of principal 
owners, financial capacity, and type of work preferred. 
- 
(d) 
SURVEYS AND LISTS.—Each State or airport 
sponsor 
annually shall survey and compile a list of small business concerns 
referred to in subsection (b) of this section and the location of 
each concern in the State. 
§47114. Apportionments 
(a) DEFINITION.—In this section, "amount subject to apportion-
ment" means the amount newly made available under section 48103 
of this title for a fiscal year. 
(b) APPORTIONMENT DATE.—On the first day of each fiscal year, 
the Secretary of Transportation shall apportion the amount subject 
to apportionment for that fiscal year as provided in this section. 
(c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary 
shall apportion to the sponsor of each primary airport for each 
fiscal year an amount equal to— 
(i) $7.80 for each of the first 50,000 passenger boardings 
at the airport during the prior calendar year; 
(ii) $5.20 for each of the next 50,000 passenger boardings 
at the airport during the prior calendar year; 
(iii) $2.60 for each of the next 400,000 passenger boardings 
at the airport during the prior calendar year; and 
(iv) $.65 for each additional passenger boarding at the 
airport during the prior calendar year. 
(B) Not less than $400,000 nor more than $22,000,000 may 
be apportioned under subparagraph (A) of this paragraph to an 
airport sponsor for a primary airport for each fiscal year. 
(2)(A) The Secretary shall apportion to the sponsors of airports 
served by aircraft providing air transportation of only cargo with 
a total annual landed weight of more than 100,000,000 pounds 
for each fiscal year an amount equal to 3.5 percent of the amount 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1269 
subject to apportionment each year, allocated among those airports 
in the proportion that the total annual landed weight of those 
aircraft landing at each of those airports bears to the total annual 
landed weight of those aircraft landing at all those airports. How-
ever, not more than 8 percent of the amount apportioned under 
this paragraph may be apportioned for any one airport. 
(B) Landed weight under subparagraph (A) of this paragraph 
is the landed weight of aircraft landing at each of those airports 
and all those airports during the prior calendar year. 
(3) The total of all amounts apportioned under paragraphs 
(1) and (2) of this subsection may not be more than 44 percent 
of the amount subject to apportionment for a fiscal year. If this 
paragraph requires reduction of an amount that otherwise would 
be apportioned under this subsection, the Secretary shall reduce 
proportionately the amount apportioned to each sponsor of an air-
port under paragraphs (1) and (2) until the 44 percent limit is 
achieved. 
(d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection— 
(A) "area" includes land and water. 
(B) "population" means the population stated in the latest 
decennial census of the United States. 
(2) The Secretary shall apportion to the States 12 percent 
of the amount subject to apportionment for each fiscal year as 
follows: 
(A) one percent of the apportioned amount to Guam, Amer-
ican Samoa, the Northern Mariana Islands, the Trust Territory 
of the Pacific Islands, and the Virgin Islands. 
(B) except as provided in paragraph (3) of this subsection, 
49.5 percent of the apportioned amount for airports, except 
I 
primary 
airports 
and 
airports 
described 
in 
section 
47117(e)(1)(C) of this title, in States not named in clause (A) 
of this paragraph in the proportion that the population of 
each of those States bears to the total population of all of 
those States. 
(C) except as provided in paragraph (3) of this subsection, 
49.5 percent of the apportioned amount for airports, except 
primary 
airports 
and 
airports 
described 
in 
section 
47117(e)(1)(C) of this title, in States not named in clause (A) 
of this paragraph in the proportion that the area of each of 
those States bears to the total area of all of those States. 
(3) An amount apportioned under paragraph (2) of this sub-
section for an airport in— 
(A) Alaska may be made available by the Secretary for 
a public airport described in section 47117(e)(l)(C)(ii) of this 
title to which section 15(a)(3)(A)(II) of the Airport and Airway 
Development Act of 1970 applied during the fiscal year that 
ended September 30, 1981; and 
(B) Puerto Rico may be made available by the Secretary 
for a primary airport and an airport described in section 
47117(e)(1)(C) of this title. 
(e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of 
apportioning amounts for airports in Alaska under subsections (c) 
and (d) of this section, the Secretary may apportion amounts for 
those airports in the way in which amounts were apportioned 
in the fiscal year ending September 30, 1980, under section 15(a) 
of the Act. However, in apportioning amounts for a fiscal year 
under this subsection, the Secretary shall apportion— 
108 STAT. 1270 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) for each primary airport at least as much as would 
be apportioned for the airport under subsection (c)(1) of this 
section; and 
(B) a total amount at least equal to the minimum amount 
required to be apportioned to airports in Alaska in the fiscal 
year ending September 30, 1980, under section 15(a)(3)(A) of 
the Act. 
(2) This subsection does not prohibit the Secretary from making 
project grants for airports in Alaska from the discretionary fund 
under section 47115 of this title. 
(3) Airports referred to in this subsection include those public 
airports that received scheduled service as of September 3, 1982, 
but were not apportioned amounts in the fiscal year ending Septem-
ber 30, 1980, under section 15(a) of the Act because the airports 
were not under the control of a State or local public agency. 
(0 REDUCING APPORTIONMENTS.—An amount that would be 
apportioned under this section (except subsection (c)(2)) in a fiscal 
year to the sponsor of an airport having at least .25 percent of 
the total number of boardings each year in the United States 
and for which a fee is imposed in the fiscal year under section 
40117 of this title shall be reduced by an amount equal to 50 
percent of the projected revenues from the fee in the fiscal year 
but not by more than 50 percent of the amount that otherwise 
would be apportioned under this section. 
§47115. Discretionary fund 
(a) EXISTENCE AND AMOUNTS IN FuND.^The Secretary of 
Transportation has a discretionary fund. The fund consists of— 
(1) amounts subject to apportionment for a fiscal year 
that are not apportioned under section 47114(c)-(e) of this 
title; and 
(2) 25 percent of amounts not apportioned under section 
47114 of this title because of section 47114(f). 
(b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of 
this section and section 47117(e) of this title, the fund is available 
for making grants for any purpose for which amounts are made 
available under section 48103 of this title that the Secretary consid-
ers most appropriate to carry out this subchapter. However, 50 
percent of amounts not apportioned under section 47114 of this 
title because of section 47114(f) and added to the fund is available 
for making grants for projects at small hub airports (as defined 
in section 41731 of this title). 
(c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIR-
PORTS.—^At least 75 percent of the amount in the fund and distrib-
uted by the Secretary in a fiscal year shall be used for making 
grants— 
(1) to preserve and enhance capacity, safety, and security 
at primary and reliever airports; and 
(2) to carry out airport noise compatibility planning and 
programs at primary and reliever airports. 
(d) CONSIDERATIONS.—In selecting a project for a grant to pre-
serve and enhance capacity as described in subsection (c)(1) of 
this section, the Secretary shall consider— 
(1) the effect the project will have on the overall national 
air transportation system capacity; 
(2) the project benefit and cost; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1271 
(3) the financial commitment from non-United States 
Grovernment sources to preserve or enhance airport capacity. 
(e) WAIVING PERCENTAGE REQUIREMENT.—If the Secretary 
decides the Secretary cannot comply with the percentage require-
ment of subsection (c) of this section in a fiscal year because 
there are insufficient qualified grant applications to meet that 
percentage, the amount the Secretary determines will not be distrib-
uted as required by subsection (c) is available for obligation during 
the fiscal year without regard to the requirement. 
§ 47116. Small airport fund 
(a) EXISTENCE AND AMOUNTS IN FUND.—^The Secretary of 
Transportation has a small airport fund. The fund consists of 75 
percent of amounts not apportioned under section 47114 of this 
title because of section 47114(f). 
(b) DISTRIBUTION OF AMOUNTS.—^The Secretary may distribute 
amounts in the fund in each fiscal year for any purpose for which 
amounts are made available under section 48103 of this title as 
follows: 
(1) one-third for grants to sponsors of public-use airports 
(except commercial service airports). 
(2) two-thirds for grants to sponsors of each commercial 
service airport that each year has less than .05 percent of 
the total boardings in the United States in that year. 
(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICI-
PATION IN BLOCK GRANT PILOT PROGRAM.—^An airport in a State 
participating in the State block grant pilot program under section 
47128 of this title may receive a grant under this section to the 
same extent the airport may receive a grant if the State were 
not participating in the program. 
§ 47117. Use of apportioned amounts 
(a) GRANT PURPOSE.—Except as provided in this section, an 
amount apportioned under section 47114(c)(1) or (d)(2) of this title 
is available for making grants for any purpose for which amounts 
are made available under section 48103 of this title. 
(b) PERIOD OF AVAILABILITY.—^An amount apportioned under 
section 47114 of this title is available to be obligated for grants 
under the apportionment only during the fiscal year for which 
the amount was apportioned and the 2 fiscal years immediately 
after that year. If the amount is not obligated under the apportion-
ment within that time, it shall be added to the discretionary fund. 
(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor 
of a primary airport under section 47114(c)(1) of this title is avail-
able for grants for any public-use airport of the sponsor included 
in the national plan of integrated airport systems. 
(2) A sponsor of a primary airport may make an agreement 
with the Secretary of Transportation waiving any part of the 
amount apportioned for the airport under section 47114(c)(1) of 
this title if the Secretary makes the waived amount available for 
a grant for another public-use airport in the same State or geo-
graphical area as the primary airport. 
(d) STATE USE.—^An amount apportioned to a State under— 
(1) section 47114(d)(2)(A) of this title is available for grants 
for airports located in the State; and 
108 STAT. 1272 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) section 47114(d)(2)(B) or (C) of this title is available 
for grants for airports described in section 47114(d)(2)(B) or 
(C) and located in the State. 
(e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary 
shall use amounts made available under section 48103 of this 
title for each fiscal year as follows: 
(A) at least 10 percent for grants for reliever airports. 
(B) at least 12.5 percent for grants for airport noise compat-
ibility planning under section 47505(a)(2) of this title and for 
carrying out noise compatibility programs under 
section 
47504(c)(1) of this title. 
(C) at least 2.5 percent for grants for— 
(i) nonprimary commercial service airports; and 
(ii) public airports (except commercial service airports) 
that were eligible for United States Government assistance 
from amounts apportioned under section 15(a)(3) of the 
Airport and Airway Development Act of 1970, and to which 
section 15(a)(3)(A)(I) or (II) of the Act applied during the 
fiscal year that ended September 30, 1981. 
(D) at least .5 percent for integrated airport system plan-
ning grants to planning agencies designated by the Secretary 
and authorized by the laws of a State or political subdivision 
of a State to do planning for an area of the State or subdivision 
in which a grant under this chapter is to be used. 
(E) at least 2.25 percent for the fiscal year ending Septem-
ber 30, 1993, and at least 2.5 percent for each of the fiscal 
years ending September 30, 1994, and 1995, to sponsors of 
current or former military airports designated by the Secretary 
under section 47118(a) of this title for grants for developing 
current and former military airports to improve the capacity 
of the national air transportation system. 
(2) A grant from the amount apportioned under section 47114(e) 
of this title may not be included as part of the 2.5 percent required 
to be used for grants under paragraph (1)(C) of this subsection. 
(3) If the Secretary decides that an amount required to be 
used for grants under paragraph (1) of this subsection cannot be 
used for a fiscal year because there are insufficient qualified grant 
applications, the amount the Secretary determines cannot be used 
is available during the fiscal year for grants for other airports 
or for other purposes for which amounts are authorized for grants 
under section 48103 of this title. 
(f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.— 
The Secretary may not make a grant for a commercial service 
airport in Alaska of more than 110 percent of the amount appor-
tioned for the airport for a fiscal year under section 47114(e) of 
this title. 
(g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to 
paragraph (2) of this subsection, if the Secretary finds, based on 
the notices the Secretary receives under section 47105(e) of this 
title or otherwise, that an amount apportioned under section 47114 
of this title will not be used for grants during a fiscal year, the 
Secretary may use an equal amount for grants during that fiscal 
year for any of the purposes for which amounts are authorized 
for grants under section 48103 of this title. 
(2) The Secretary may make a grant under paragraph (1) 
of this subsection only if the Secretary decides that— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1273 
(A) the total amount used for grants for the fiscal year 
under section 48103 of this title will not be more than the 
amount made available under section 48103 for that fiscal 
year; and 
(B) the amounts authorized for grants under section 48103 
of this title for later fiscal years are sufficient for grants of 
the apportioned amounts that were not used for grants under 
the apportionment during the fiscal year and that remain avail-
able under subsection (b) of this section. 
(h) LIMITING AUTHORITY OF SECRETARY.—The authority of the 
Secretary to make grants during a fiscal year from amounts tha: 
were apportioned for a prior fiscal year and remain available for 
approved airport development project grants under subsection (b) 
of this section may be impaired only by a law enacted after Septem-
ber 3, 1982, that expressly limits that authority. 
§47118. Designating current and former military airports 
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation 
shall designate not more than 12 current or former military airports 
for which grants may be made under section 47117(e)(1)(E) of 
this title. 
(b) SURVEY.—Not later than September 30, 1991, the Secretary 
shall complete a survey of current and former military airports 
to identify which airports have the greatest potential to improve 
the capacity of the national air transportation system. The survey 
shall identify the capital development needs of those airports to 
make them part of the system and which of those qualify for 
grants under section 47104 of this title. 
(c) CONSIDERATIONS.—In carrying out this section, the Secretary 
shall consider only current or former military airports that, when 
at least partly converted to civilian commercial or reliever airports 
as part of the national air transportation system, will enhance 
airport and air traffic control system capacity in major metropolitan 
areas and reduce current and projected flight delays. 
(d) GRANTS.—Grants under section 47117(e)(1)(E) of this title 
may be made for an airport designated under subsection (a) of 
this section for the 5 fiscal years following the designation. If 
an airport does not have a level of passengers getting on aircraft 
during that 5-year period that qualifies the airport as a small 
hub airport (as defined on January 1, 1990) or reliever airport, 
the Secretary may redesignate the airport for grants for additional 
fiscal years that the Secretary decides. 
(e) TERMINAL BUILDING FACILITIES.—Notwithstanding section 
47109(c) of this title, not more than $5,000,000 for each airport 
from amounts the Secretary distributes under section 47115 of 
this title for a fiscal year is available to the sponsor of a current 
or former military airport the Secretary designates under this sec-
tion to construct, improve, or repair a terminal building facility, 
including terminal gates used for revenue passengers getting on 
or off aircraft. A gate constructed, improved, or repaired under 
this subsection— 
(1) may not be leased for more than 10 years; and 
(2) is not subject to majority in interest clauses. 
(f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than 
a total of $4,000,000 for each airport from amounts the Secretary 
distributes under section 47115 of this title for the fiscal years 
ending September 30, 1993-1995, is available to the sponsor of 
108 STAT. 1274 
PUBLIC LAW 103-272—JULY 5, 1994 
a current or former military airport the Secretary designates under 
this section to construct, improve, or repair airport surface parking 
lots, fuel farms, and utilities. 
§47119. Terminal development costs 
(a) REPAYING BORROWED MONEY.—An amount apportioned 
under section 47114 of this title and made available to the sponsor 
of an air carric r airport at which terminal development was carried 
out after June 30, 1970, and before July 12, 1976, is available 
to repay immediately money borrowed and used to pay the costs 
for terminal development at the airport, if those costs would be 
allowable project costs under section 47110(d) of this title if they 
had been incurred after September 3, 1982. An amount is available 
for a grant under this subsection— 
(1) only if— 
(A) the sponsor submits the certification required under 
section 47110(d) of this title; 
(B) the Secretary of Transportation decides that using 
the amount to repay the borrowed money will not defer 
an airport development project outside the terminal area 
at that airport; and 
(C) amounts available for airport development under 
this subchapter will not be used for additional terminal 
development projects at the airport for at least 3 years 
beginning on the date the grant is used to repay the bor-
rowed money; and 
(2) subject to the limitations in subsection (b)(1) and (2) 
of this section. 
(b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary 
may make available— 
(1) to a sponsor of a primary airport, any part of amounts 
apportioned to the sponsor for the fiscal year under section 
47114(c)(1) of this title to pay project costs allowable under 
section 47110(d) of this title; 
(2) to a sponsor of a nonprimary commercial service airport, 
not more than $200,000 of the amount that may be distributed 
for the fiscal year from the discretionary fund to pay project 
costs allowable under section 47110(d) of this title; or 
(3) not more than $25,000,000 to pay project costs allowable 
for the fiscal year under section 47110(d) of this title for projects 
at commercial service airports that were not eligible for assist-
ance for terminal development during the fiscal year ending 
September 30, 1980, under section 20(b) of the Airport and 
Airway Development Act of 1970. 
§47120. Grant priority 
In making a grant under this subchapter, the Secretary of 
Transportation may give priority to a project that is consistent 
with an integrated airport system plan. 
§47121. Records and audits 
(a) RECORDS.—^A sponsor shall keep the records the Secretary 
of Transportation requires. The Secretary may require records— 
(1) that disclose— 
(A) the amount and disposition by the sponsor of the 
proceeds of the grant; 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1275 
(B) the total cost of the plan or program for which 
the grant is given or used; and 
(C) the amounts and kinds of costs of the plan or 
program provided by other sources; and 
(2) that make it easier to carry out an audit. 
(b) 
AUDITS AND EXAMINATIONS.—^The Secretary 
and 
the 
Comptroller General may audit and examine records of a sponsor 
that are related to a grant made under this subchapter. 
(c) AUTHORITY OF COMPTROLLER GENERAL.—When an independ-
ent audit is made of the accounts of a sponsor under this subchapter 
related to the disposition of the proceeds of the grant or related 
to the plan or program for which the grant was given or used, 
the sponsor shall submit a certified copy of the audit to the 
Comptroller General not more than 6 months after the end of 
the fiscal year for which the audit was made. Not later than Reports. 
April 15 of each year, the Comptroller General shall report to 
Congress describing the results of each audit conducted or reviewed 
by the Comptroller General under this section during the prior 
fiscal year. The Comptroller General shall prescribe regulations 
necessary to carry out this subsection. 
(d) AUDIT REQUIREMENT.—^The Secretary may require a sponsor 
to conduct an appropriate audit as a condition for receiving a 
grant under this subchapter. 
(e) ANNUAL REVIEW.—^The Secretary shall review annually the 
recordkeeping and reporting requirements under this subchapter 
to ensure that they are the minimum necessary to carry out this 
subchapter. 
(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section 
does not authorize the Secretary or the Comptroller General to 
withhold information from a committee of Congress authorized to 
have the information. 
§47122. Administrative 
(a) GENERAL.—The Secretary of Transportation may take action 
the Secretary considers necessary to carry out this subchapter, 
including conducting investigations and public hearings, prescribing 
regulations and procedures, and issuing orders. 
(b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In 
conducting an investigation or public hearing under this subchapter, 
the Secretary has the same authority the Secretary has under 
section 46104 of this title. An action of the Secretary in exercising 
that authority is governed by the procedures specified in section 
46104 and shall be enforced as provided in section 46104. 
§47123. Nondiscrimination 
The Secretary of Transportation shall take affirmative action 
to ensure that an individual is not excluded because of race, creed, 
color, national origin, or sex from participating in an activity carried 
out with money received under a grant under this subchapter. 
The Secretary shall prescribe regulations necessary to carry out Regulations, 
this section. The regulations shall be similar to those in effect 
under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
et seq.). This section is in addition to title VI of the Act. 
108 STAT. 1276 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 47124. Agreements for State and local operation of airport 
facilities 
(a) GOVERNMENT RELIEF FROM LIABILITY,—^The Secretary of 
Transportation shall ensure that an agreement under this sub-
chapter with a State or a political subdivision of a State to allow 
the State or subdivision to operate an airport facility in the State 
or subdivision relieves the United States Grovemment from any 
liability arising out of, or related to, acts or omissions of employees 
of the State or subdivision in operating the airport facility. 
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Sec-
retary shall continue the low activity (Visual Flight Rules) level 
I air traffic control tower contract program established under sub-
section (a) of this section for towers existing on December 30, 
1987, and extend the program to other towers as practicable. 
(2) The Secretary may make a contract, on a sole source basis, 
with a State or a political subdivision of a State to allow the 
State or subdivision to operate an airport traffic control tower 
classified as a level I (Visual Flight Rules) tower if the Secretary 
decides that the State or subdivision has the capability to comply 
with the requirements of this paragraph. The contract shall require 
that the State or subdivision comply with applicable safety regula-
tions in operating the facility and with applicable competition 
requirements in making a subcontract to perform work to carry 
out the contract. 
§ 47125. Conveyances of United States Government land 
(a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided 
in subsection (b) of this section, the Secretary of Transportation 
shall request the head of the department, agency, or instrumentality 
of the United States Grovemment owning or controlling land or 
airspace to convey a property interest in the land or airspace 
to the public agency sponsoring the project or owning or controlling 
the airport when necessary to carry out a project under this sub-
chapter at a public airport, to operate a public airport, or for 
the future development of an airport under the national plan of 
integrated airport systems. The head of the department, agency, 
or instrumentality shall decide whether the requested conveyance 
is consistent with the needs of the department, agency, or 
instrumentality and shall notify the Secretary of that decision not 
later than 4 months sifter receiving the request. If the head of 
the department, agency, or instrumentality decides that the 
requested conveyance is consistent with its needs, the head of 
the department, agency, or instrumentality, with the approval of 
the Attorney General and without cost to the Grovernment, shall 
make the conveyance. A conveyance may be made only on the 
condition that the property interest conveyed reverts to the Grovem-
ment, at the option of the Secretary, to the extent it is not developed 
for an airport purpose or used consistently with the conveyance. 
(b) NONAPPLICATION.—Except as specifically provided by law, 
subsection (a) of this section does not apply to land or airspace 
owned or controlled by the Government within— 
(1) a national park, national monument, national recreation 
area, or similar area under the administration of the National 
Park Service; 
(2) a unit of the National Wildlife Refuge System or similar 
area under the jurisdiction of the United States Fish and Wild-
life Service; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1277 
(3) a national forest or Indian reservation. 
§ 47126. Criminal penalties for false statements 
A person (including an officer, agent, or employee of the United 
States Government or a public agency) shall be fined under title 
18, imprisoned for not more than 5 years, or both, if the person, 
with intent to defraud the Government, knowingly makes— 
(1) a false statement about the kind, qusmtity, quality, 
or cost of the material used or to be used, or the quantity, 
quality, or cost of work performed or to be performed, in connec-
tion with the submission of a plan, map, specification, contract, 
or estimate of project cost for a project included in a grant 
application submitted to the Secretary of Transportation for 
approval under this subchapter; 
(2) a false statement or claim for work or material for 
a project included in a grant application approved by the Sec-
retary under this subchapter; or 
(3) a false statement in a report or certification required 
under this subchapter. 
§ 47127. Ground transportation demonstration projects 
(a) GENERAL AUTHORITY.—^To improve the airport and airway 
system of the United States consistent with regional airport system 
plans financed under section 13(b) of the Airport and Airway Devel-
opment Act of 1970, the Secretary of Transportation may carry 
out ground transportation demonstration projects to improve ground 
access to air carrier airport terminals. The Secretary may carry 
out a demonstration project independently or by grant or contract, 
including an agreement with another department, agency, or 
instrumentality of the United States Government. 
(b) PRIORITY.—In carrying out this section, the Secretary shall 
give priority to a demonstration project that— 
(1) Eiffects an airport in £in area with an operating regional 
rapid transit system with existing facilities reasonably near 
the airport; 
(2) includes connection of the airport terminal to that sys-
tem; 
(3) is consistent with and supports a regional airport system 
plan adopted by the planning agency for the region and submit-
ted to the Secretary; and 
(4) improves access to air transportation for individuals 
residing or working in the region by encouraging the optimal 
balance of use of airports in the region. 
§ 47128. State block grant pilot program 
(a) GENERAL REQUIREMENTS.—^The Secretary of Transportation Regulations, 
shall prescribe regulations to carry out a State block grant pilot 
program. The regulations shall provide that the Secretary may 
designate not more than 7 qualified States to assume administrative 
responsibility for all airport grsint amounts available under this 
subchapter, except for amounts designated for use at primary air-
ports. 
(b) APPLICATIONS AND SELECTION.—(1) A State wishing to 
participate in the program must submit an application to the Sec-
retary. The Secretary shall select a State on the basis of its applica-
tion only after— 
108 STAT. 1278 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) deciding the State has an organization capable of effec-
tively administering a block grant made under this section; 
(B) deciding the State uses a satisfactory airport system 
planning process; 
(C) deciding the State uses a programming process accept-
able to the Secretary; 
(D) finding that the State has agreed to comply with United 
States Grovemment standard requirements for administering 
the block grant; and 
(E) finding that the State has agreed to provide the Sec-
retary with program information the Secretary requires. 
(2) For the fiscal years ending September 30, 1993-1996, the 
States selected shall include Illinois, Missouri, and North Carolina. 
(c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.— 
Before deciding whether a planning process is satisfactory or a 
programming process is acceptable under subsection (b)(2) or (3) 
of this section, the Secretary shall ensure that the process provides 
for meeting critical safety and security needs and that the program-
ming process ensures that the needs of the national airport system 
will be addressed in deciding which projects will receive money 
from the Government. 
(d) ENDING EFFECTIVE DATE AND REPORT.—This section is effec-
tive only through September 30, 1996. 
§47129. Annual report 
Not later than April 1 of each year, the Secretary of Transpor-
tation shall submit to Congress a report on activities carried out 
under this subchapter during the prior fiscal year. The report 
shall include— 
(1) a detailed statement of airport development completed; 
(2) the status of each project undertaken; 
(3) the allocation of appropriations; and 
(4) an itemized statement of expenditures and receipts. 
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC 
AIRPORTS 
§47151. Authority to transfer an interest in surplus property 
(a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153 
of this title, a department, agency, or instrumentality of the execu-
tive branch of the United States Government or a wholly owned 
Government corporation may give a State, political subdivision 
of a State, or tax-supported organization any interest in surplus 
property— 
(1) that the Secretary of Transportation decides is— 
(A) desirable for developing, improving, operating, or 
maintaining a public airport (as defined in section 47102 
of this title); 
(B) reasonably necessary to fulfill the immediate and 
foreseeable future requirements for developing, improving, 
operating, or maintaining a public airport; or 
(C) needed for developing sources of revenue from 
nonaviation businesses at a public airport; and 
(2) if the Administrator of General Services approves the 
gift and decides the interest is not best suited for industrial 
use. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1279 
(b) ENSURING COMPLIANCE.—Only the Secretary may ensure 
compliance with an instniment giving an interest in surplus prop-
erty under this subchapter. The Secretary may amend the 
instrument to correct the instrument or to make the gift comply 
with law. 
(c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUB-
CHAPTER.—^An interest in surplus property that could be used at 
a public airport but that is not given uider this subchapter shall 
be disposed of under other applicable law. 
§47152. Terms of gifts 
Except as provided in section 47153 of this title, the following 
terms apply to a gift of an interest in surplus property under 
this subchapter: 
(1) A State, political subdivision of a State, or tax-supported 
organization receiving the interest may use, lease, salvage, 
or dispose of the interest for other than airport purposes only 
after the Secretary of Transportation gives written consent 
that the interest can be used, leased, salvaged, or disposed 
of without materially and adversely affecting the development, 
improvement, operation, or maintenance of the airport at which 
the property is located. 
(2) The interest shall be used and maintained for public 
use and benefit without unreasonable discrimination. 
(3) A right may not be vested in a person, excluding others 
in the same class from using the airport at which the property 
is located— 
(A) to conduct an aeronautical activity requiring the 
operation of aircraft; or 
(B) to engage in selling or supplying aircraft, aircraft 
accessories, equipment, or supplies (except gasoline and 
oil), or aircraft services necessary to operate aircraft 
(including maintaining and repairing aircraft, 
aircraft 
engines, propellers, and appliances)., 
(4) The State, political subdivision, or tax-supported 
organization accepting the interest shall clear and protect the 
| 
aerial approaches to the airport by mitigating existing, and 
preventing future, airport hazards. 
(5) During a national emergency declared by the President 
or Congress, the United States Government is entitled to use, 
control, or possess, without charge, any part of the public 
i 
i 
airport at which the property is located. However, the Govem-
i 
ment shall— 
! 
(A) pay the entire cost of maintaining the part of 
the airport it exclusively uses, controls, or possesses during 
the emergency; 
(B) contribute a reasonable share, consistent with the 
Government's use, of the cost of maintaining the property 
'\ 
it uses nonexclusively, or over which the Government has 
nonexclusive control or possession, during the emergency; 
i 
and 
(C) pay a fair rental for use, control, or possession 
' 
of improvements to the airport made without Government 
i 
assistance. 
(6) The Government is entitled to the nonexclusive use, 
without charge, of the landing area of an airport at which 
the property is located. The Secretary may limit the use of 
108 STAT. 1280 
PUBLIC LAW 103-272—JULY 5, 1994 
the landing area if necessary to prevent unreasonable inter-
ference with use by other authorized aircraft. However, the 
i 
Grovernment shall— 
(A) contribute a reasonable share, consistent with the 
Government's use, of the cost of maintaining and operating 
the landing area; and 
' 
<- 
(B) pay for damages caused by its use of the landing 
area if its use of the landing area is substantial. 
(7) The State, political subdivision, or tax-supported 
organization accepting the interest shall release the Govern-
ment from all liability for damages arising under an agreement 
that provides for Government use of any part of an airport 
owned, controlled, or operated by the State, political subdivi-
sion, or tax-supported organization on which, adjacent to which, 
or in connection with which, the property is located. 
(8) When a term under this section is not satisfied, any 
part of the interest in the property reverts to the (Government, 
at the option of the Government, as the property then exists. 
§ 47153. Waiving and adding terms 
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation 
may waive, without charge, a term of a gift of an interest in 
property under this subchapter if the Secretary decides that— 
(A) the property no longer serves the purpose for which 
it was given; or 
(B) the waiver will not prevent carrying out the purpose 
for which the gift was made and is necessary to advance the 
civil aviation interests of the United States. 
(2) The Secretary of Transportation shall waive a term under 
paragraph (1) of this subsection on terms the Secretary considers 
necessary to protect or advance the civil aviation interests of the 
United States. 
(b) 
WAIVERS AND INCLUSION OF ADDITIONAL TERMS ON 
REQUEST,—On request of the Secretary of Transportation or the 
Secretary of a military department, a department, agency, or 
instrumentality of the executive branch of the United States 
Government or a wholly owned Government corporation may waive 
a term required by section 47152 of this title or add another 
term if the appropriate Secretary decides it is necessary to protect 
or advance the interests of the United States in civil aviation 
or for national defense. 
CHAPTER 473—INTERNATIONAL AIRPORT FACILITIES 
Sec. 
47301. Definitions. 
47302. Providing airport and airway property in foreign territories. 
47303. Training foreign citizens. 
47304. Transfer of airport and airway property. 
47305. Administrative. 
47306. Criminal penalty. 
§47301. De^nitions 
In this chapter— 
(1) "airport property" means an interest in property used 
or useful in operating and maintaining an airport. 
(2) "airway property" means an interest in property used 
or useful in operating and maintaining a ground installation, 
facility, or equipment desirable for the orderly and safe oper-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1281 
ation of air traffic, including air navigation, air traffic control, 
airway communication, and meteorological facilities. 
(3) "foreign territory" means an area— 
(A) over which no government or a government of 
a foreign country has sovereignty; 
(B) temporarily under military occupation by the 
United States Government; or 
(C) occupied or administered by the CJovernment or 
a government of a foreign country under an international 
agreement. 
(4) "territory outside the continental United States" means 
territory outside the 48 contiguous States and the District 
of Columbia. 
§47302. Providing airport and airway property in foreign 
territories 
(a) GENERAL AUTHORITY.—Subject to the concurrence of the 
Secretary of State and the consideration of objectives of the Inter-
national Civil Aviation Organization— 
(1) the Secretary of Transportation may acquire, establish, 
and construct airport property and airway property (except 
meteorological facilities) in foreign territory; and 
(2) the Secretary of Commerce may acquire, establish, and 
construct meteorological facilities in foreign territory. 
(b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport 
property transferred under section 47304(b) of this title, an airport 
(as defined in section 40102(a) of this title) may be acquired, estab-
lished, or constructed under subsection (a) of this section only 
if amounts have been appropriated specifically for the airport. 
(c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transpor-
tation or Commerce, as appropriate, may accept payment from 
a government of a foreign country or international organization 
for facilities or services sold or provided the government or organiza-
tion under this chapter. The amount received may be credited 
to the appropriation current when the expenditures are or were 
paid, the appropriation current when the amount is received, or 
both. 
§ 47303. Training foreign citizens 
Subject to the concurrence of the Secretary of State, the Sec-
retary of Transportation or Commerce, as appropriate, may train 
a foreign citizen in a subject related to aeronautics and essential 
to the orderly and safe operation of civil aircraft. The training 
may be provided— 
(1) directly by the appropriate Secretary or jointly with 
another department, agency, or instrumentality of the United 
States Government; 
(2) through a public or private agency of the United States 
(including a State or municipal educational institution); or 
(3) through an international organization. 
§ 47304. Transfer of airport and airway property 
(a) GENERAL AUTHORITY.—^When requested by the government 
of a foreign country or an international organization, the Secretary 
of Transportation or Commerce, as appropriate, may transfer to 
the government or organization airport property and airway prop-
erty operated and maintained under this chapter by the appropriate 
108 STAT. 1282 
PUBLIC LAW 103-272—JULY 5, 1994 
Secretary in foreign territory. The transfer shall be on terms the 
appropriate Secretary considers proper, including consideration 
agreed on through negotiations with the government or organiza-
tion. 
(b) PROPERTY INSTALLED OR CONTROLLED BY MILITARY.—Sub-
ject to terms to which the parties agree, the Secretary of a military 
department may transfer without charge to the Secretary of 
Transportation airport property and airway property (except mete-
orological facilities), and to the Secretary of Commerce meteorologi-
cal facilities, that the Secretary of the military department installed 
or controls in territory outside the continental United States, The 
transfer may be made if consistent with the needs of national 
defense and— 
(1) the Secretary of the military department finds that 
the property or facility is no longer required exclusively for 
military purposes; and 
(2) the Secretary of Transportation or Commerce, as appro-
priate, decides that the transfer is or may be necessary to 
carry out this chapter. 
(c) REPUBLIC OF PANAMA.—(1) The Secretary of Transportation 
may provide, operate, and maintain facilities and services for air 
navigation, airway communications, and air traffic control in the 
Republic of Panama subject to— 
(A) the approval of the Secretary of Defense; and 
(B) each obligation assumed by the United States Govern-
ment under an agreement between the Government and the 
Republic of Panama. 
(2) The Secretary of a military department may transfer without 
charge to the Secretary of Transportation property located in the 
Republic of Panama when the Secretary of Transportation decides 
that the transfer may be useful in carrying out this chapter. 
(3) Subsection (b) of this section (related to the Secretary of 
Transportation) and section 47302(a) and (b) of this title do not 
apply in carrying out this subsection. 
(d) RETAKING PROPERTY FOR MILITARY 
REQUIREMENT.—(1) 
When necessary for a military requirement, the Secretary of a 
military department immediately may retake property (with any 
improvements to it) transferred by the Secretary under subsection 
(b) or (c) of this section. The Secretary shall pay reasonable com-
pensation to each person (or its successor in interest) that made 
an improvement to the property that was not made at the expense 
of the Government. The Secretary or a delegate of the Secretary 
shall decide on the amount of compensation, 
(2) On the recommendation of the Secretary of Transportation 
or Commerce, as appropriate, the Secretary of a military depart-
ment may decide not to act under paragraph (1) of this subsection. 
§47305. Administrative 
(a) GENERAL AUTHORITY.—The Secretary of Transportation 
shall consolidate, operate, protect, maintain, and improve airport 
property and airway property (except meteorological facilities), and 
the Secretary of Commerce may consolidate, operate, protect, main-
tain, and improve meteorological facilities, that the appropriate 
Secretary has acquired and that are located in territory outside 
the continental United States. In carrying out this section, the 
appropriate Secretary may— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1283 
(1) adapt the property or facility to the needs of civil 
aeronautics; 
(2) lease the property or facility for not more than 20 
years; 
(3) make a contract, or provide directly, for facilities and 
services; 
(4) make reasonable charges for aeronautical services; and 
(5) acquire an interest in property. 
(b) CREDITING APPROPRIATIONS.—Money received from the 
direct sale or charge that the Secretary of Transportation or Com-
merce, as appropriate, decides is equivalent to the cost of facilities 
and services sold or provided under subsection (a)(3) and (4) of 
this section is credited to the appropriation from which the cost 
was paid. The balance shall be deposited in the Treasury as mis-
cellaneous receipts. 
(c) USING OTHER GOVERNMENT FACILITIES AND SERVICES.— 
To carry out this chapter and to use personnel and facilities of 
the United States Government most advantageously and without 
unnecessary duplication, the Secretary of Transportation or Com-
merce, as appropriate, shall request, when practicable, to use a 
facility or service of an appropriate department, agency, or 
instrumentality of the (Government on a reimbursable basis. A 
department, agency, or instrumentality receiving a request under 
this section may provide the facility or service. 
(d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised 
Statutes (41 U.S.C. 5) does not apply to a lease or contract made 
by the Secretary of Transportation or Commerce under this chapter. 
§ 47306. Criminal penalty 
A person that knowingly and willfully violates a regulation 
prescribed by the Secretary of Transportation to carry out this 
chapter shall be fined under title 18, imprisoned for not more 
than 6 months, or both. 
CHAPTER 475—NOISE 
SUBCHAITER I—NOISE ABATEMENT 
Sec 
47501. 
Definitions. 
47502. Noise measurement and exposure systems and identifying land use compat-
ible with noise exposure. 
47503. Noise exposure maps. 
47504. Noise compatibility programs. 
47505. Airport noise compatibility planning grants. 
47506. Limitations on recovering damages for noise. 
47507. Nonadmissibility of noise exposure map and related information as evi-
dence. 
47508. Noise standards for air carriers and foreign air carriers providing foreign 
air transportation. 
SUBCHAPTER II-NATIONAL AVIATION NOISE POLICY 
47521. Findings. 
47522. 
Definitions. 
47523. Nationjd aviation noise policy. 
47524. Airport noise and access restriction review program. 
47525. Decision about airport noise and access restrictions on certain stage 2 air-
craft. 
47526. Limitations for noncomplying airport noise and access restrictions. 
47527. Liability of the United States Government for noise damages. 
47528. Prohibition on operating certain aircraft not complying with stage 3 noise 
levels. 
47529. Nonaddition rule. 
108 STAT. 1284 
PUBLIC LAW 103-272—JULY 5, 1994 
47530. Nonapplication of sections 47528(a)-<d) and 47529 to aircraft outside the 48 
contiguous States. 
47531. Penalties for violating sections 47528-47530. 
47532. Judicial review. 
47533. Relationship to other laws. 
SUBCHAPTER I—NOISE ABATEMENT 
§47501. Definitions 
In this subchapter— 
(1) "airport" means a pubHc-use airport as defined in sec-
tion 47102 of this title. 
(2) "airport operator" means— 
(A) for an airport serving air carriers that have certifi-
cates from the Secretary of Transportation, any person 
holding an airport operating certificate issued under section 
44706 ofthis title; and 
(B) for any other airport, the person operating the 
airport. 
§47502. Noise measurement and exposure 
systems and 
identifying land use compatible with noise expo-
sure 
Regulations. 
After consultation with the Administrator of the Environmental 
Protection Agency and United States Government, State, and inter-
state agencies that the Secretary of Transportation considers appro-
priate, the Secretary shall by regulation— 
(1) establish a single system of measuring noise that— 
(A) has a highly reliable relationship between projected 
noise exposure and surveyed reactions of individuals to 
noise; and 
(B) is applied uniformly in measuring noise at airports 
and the surrounding area; 
(2) establish a single system for determining the exposure 
of individuals to noise resulting from airport operations, includ-
ing noise intensity, duration, frequency, and time of occurrence; 
and 
(3) identify land uses normally compatible with various 
exposures of individuals to noise. 
§ 47503. Noise exposure maps 
(a) SUBMISSION AND PREPARATION.—^An airport operator may 
submit to the Secretary of Transportation a noise exposure map 
showing the noncompatible uses in each area of the map on the 
date the map is submitted, a description of estimated aircraft oper-
ations during 1985, and how those operations will affect the map. 
The map shall— 
(1) be prepared in consultation with public agencies and 
planning authorities in the area surrounding the airport; and 
(2) comply with regulations prescribed under section 47502 
ofthis title. 
(b) REVISED MAPS.—If a change in the operation of an airport 
will establish a substantial new noncompatible use in an area 
surrounding the airport, the airport operator shall submit a revised 
noise exposure map to the Secretary showing the new noncompatible 
use. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1285 
§47504. Noise compatibility programs 
(a) SUBMISSIONS.—(1) An airport operator that submitted a 
noise exposure map and related information under section 47503(a) 
of this title may submit a noise compatibility program to the Sec-
retary of Transportation after— 
(A) consulting with public agencies and planning authori-
ties in the area surrounding the airport, United States Grovem-
ment ojfficials having IOCEQ responsibility for the airport, and 
air carriers using the airport; and 
(B) notice and an opportunity for a public hearing. 
(2) A program submitted under paragraph (1) of this subsection 
shall state the measures the operator has taken or proposes to 
take to reduce existing noncompatible uses and prevent introducing 
additional noncompatible uses in the area covered by the map. 
The measures may include— 
(A) establishing a preferential runway system; 
(B) restricting the use of the airport by a type or class 
of aircraft because of the noise characteristics of the aircraft; 
(C) constructing barriers and acoustical shielding and 
soundproofing public buildings; 
(D) using flight procedures to control the operation of air-
craft to reduce exposure of individuals to noise in the area 
surrounding the airport; and 
(E) acquiring land, air rights, easements, development 
rights, and other interests to ensure that the property will 
be used in ways compatible with airport operations. 
(b) APPROVALS.—(1) The Secretary shall approve or disapprove 
a program submitted under subsection (a) of this section (except 
as the program is related to flight procedures referred to in sub-
section (a)(2)(D) of this section) not later than 180 days after receiv-
ing it. The Secretary shall approve the program (except as the 
program is related to flight procedures referred to in subsection 
(a)(2)(D)) if the program— 
(A) does not place an unreasonable burden on interstate 
or foreign commerce; 
(B) is reasonably consistent with achieving the goal of 
reducing noncompatible uses and preventing the introduction 
of additional noncompatible uses; and 
(C) provides for necessary revisions because of a revised 
map submitted under section 47503(b) of this title. 
(2) A program (except as the program is related to flight proce-
dures referred to in subsection (a)(2)(D) of this section) is deemed 
to be approved if the Secretary does not act within the 180-day 
period. 
(3) The Secretary shall submit any part of a program related 
to flight procedures referred to in subsection (a)(2)(D) of this section 
to the Administrator of the Federal Aviation Administration. The 
Administrator shall approve or disapprove that part of the program. 
(c) GRANTS.—(1) The Secretary may incur obligations to make 
grants from amounts available under section 48103 of this title 
to carry out a project under a part of a noise compatibility program 
approved under subsection (b) of this section. A grant may be 
made to— 
(A) an airport operator submitting the program; 
(B) a unit of local government in the area surrounding 
the airport, if the Secretary decides the unit is able to carry 
out the project; 
108 STAT. 1286 
PUBLIC LAW 103-272—JULY 5, 1994 
(C) an airport operator or unit of local government referred 
to in clause (A) or (B) of this paragraph to carry out any 
part of a program developed before February 18, 1980, or before 
implementing regulations were prescribed, if the Secretary 
decides the program is substeintially consistent with reducing 
existing noncompatible uses and preventing the introduction 
of additional noncompatible uses and the purposes of this chap-
ter will be furthered by promptly carrying out the program; 
and 
(D) an airport operator or unit of local government referred 
to in clause (A) or (B) of this paragraph to soundproof a building 
in the noise impact area surrounding the airport that is used 
primarily for educational or medical purposes and that the 
Secretary decides is adversely affected by airport noise. 
(2) An airport operator may agree to make a grant made 
under paragraph (1)(A) of this subsection available to a public 
agency in the area surrounding the airport if the Secretary decides 
the agency is able to carry out the project. 
(3) The Government's share of a project for which a grant 
is made under paragraph (1) of this subsection is the greater 
of— 
(A) 80 percent of the cost of the project; or 
/ 
(B) the (government's share that would apply if the amounts 
available for the project were made available under subchapter 
I of chapter 471 of this title for a project at the airport. 
(4) The provisions of subchapter I of chapter 471 of this title 
related to grants apply to a grant made under this chapter, except— 
(A) section 47109(a) and (b) of this title; and 
(B) any provision that the Secretary decides is inconsistent 
with, or unnecessary to carry out, this chapter. 
(d) GOVERNMENT RELIEF FROM LIABILITY.—^The Government 
is not liable for damages from aviation noise because of action 
taken under this section. 
§ 47505. Airport noise compatibility planning grants 
(a) GENERAL AUTHORITY.—The Secretary of Transportation may 
make a grant to a sponsor of an airport to develop, for planning 
purposes, information necessary to prepare and submit— 
(1) a noise exposure map and related information under 
section 47503 of this title, including the cost of obtaining the 
information; or 
(2) a noise compatibility program under section 47504 of 
this title. 
(b) AVAILABILITY OF AMOUNTS AND GOVERNMENT'S SHARE OF 
COSTS.—^A grant under subsection (a) of this section may be made 
from amounts available under section 48103 of this title. The United 
States Government's share of the grant is the percent for which 
a project for airport development at an airport would be eligible 
under section 47109(a) and (b) of this title. 
§ 47506. Limitations on recovering damages for noise 
(a) GENERAL LIMITATIONS.—^A person acquiring an interest in 
property after February 18, 1980, in an area surrounding an airport 
for which a noise exposure map has been submitted under section 
47503 of this title and having actual or constructive knowledge 
of the existence of the map may recover damages for noise attrib-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1287 
utable to the airport only if, in addition to any other elements 
for recovery of damages, the person shows that— 
(1) after acquiring the interest, there was a significant— 
(A) change in the type or frequency of aircraft oper-
ations at the airport; 
(B) change in the airport layout; 
(C) change in flight patterns; or 
(D) increase in nighttime operations; and 
(2) the damages resulted from the change or increase. 
(b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the 
existence of a map under subsection (a) of this section shall be 
imputed, at a minimum, to a person if— 
(1) before the person acquired the interest, notice of the 
existence of the map was published at least 3 times in a 
newspaper of general circulation in the county in which the 
property is located; or 
(2) the person is given a copy of the map when acquiring 
the interest. 
§ 47507. Nonadmissibility of noise exposure map and related 
information as evidence 
No part of a noise exposure map or related information 
described in section 47503 of this title that is submitted to, or 
prepared by, the Secretary of Transportation and no part of a 
list of land uses the Secretary identifies as normally compatible 
with various exposures of individuals to noise may be admitted 
into evidence or used for any other purpose in a civil action asking 
for relief for noise resulting from the operation of an airport. 
§ 47508. Noise standards for air carriers and foreign air car-
riers providing foreign air transportation 
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation 
shall require each air carrier and foreign air carrier providing 
foreign air transportation to comply with noise standards— 
(1) the Secretary prescribed for new subsonic aircraft in 
regulations of the Secretary in effect on January 1, 1977; or 
(2) of the International Civil Aviation Organization that 
are substantially compatible with standards of the Secretary 
for new subsonic aircraft in regulations of the Secretary at 
parts 36 and 91 of title 14, Code of Federal Regulations, pre-
scribed between January 2, 1977, and January 1, 1982. 
(b) COMPLIANCE AT PHASED RATE.—The Secretary shall require 
each air carrier and foreign air carrier providing foreign air 
transportation to comply with the noise standards at a phased 
rate similar to the rate for aircraft registered in the United States. 
(c) NONDISCRIMINATION.—^The requirement for air carriers 
providing foreign air transportation may not be more stringent 
than the requirement for foreign air carriers. 
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY 
§47521. Findings 
Congress finds that— 
(1) aviation noise management is crucial to the continued 
increase in airport capacity; 
108 STAT. 1288 
PUBLIC LAW 103-272—JULY 5, 1994 
Regulations. 
Regulations. 
(2) community noise concerns have led to uncoordinated 
and inconsistent restrictions on aviation that could impede 
the national air transportation system; 
(3) a noise policy must be carried out at the national 
level; 
(4) local interest in aviation noise management shall be 
considered in determining the national interest; 
(5) community concerns can be alleviated through the use 
of new technology aircraft and the use of revenues, including 
those available from passenger facility fees, for noise manage-
ment; 
(6) revenues controlled by the United States Government 
can help resolve noise problems and carry with them a respon-
sibility to the national airport system; 
(7) revenues derived from a passenger facility fee may 
be applied to noise management and increased airport capacity; 
and 
(8) a precondition to the establishment and collection of 
a passenger facility fee is the prescribing by the Secretary 
of Transportation of a regulation establishing procedures for 
reviewing airport noise and access restrictions on operations 
of stage 2 and stage 3 aircraft. 
§47522. Dennitions 
In this subchapter— 
(1) "air carrier", "air transportation", and "United States" 
have the same meanings given those terms in section 40102(a) 
of this title. 
(2) "stage 3 noise levels" means the stage 3 noise levels 
in part 36 of title 14, Code of Federal Regulations, in effect 
on November 5, 1990. 
§ 47523. National aviation noise policy 
(a) GENERAL REQUIREMENTS.—Not later than July 1, 1991, 
the Secretary of Transportation shall establish by regulation a 
national aviation noise policy that considers this subchapter, includ-
ing the phaseout and nonaddition of stage 2 aircraft as provided 
in this subchapter and dates for carrying out that policy and report-
ing requirements consistent with this subchapter and law existing 
as of November 5, 1990. 
(b) DETAILED ECONOMIC ANALYSIS.—The policy shall be based 
on a detailed economic analysis of the impact of the phaseout 
date for stage 2 aircraft on competition in the airline industry, 
including— 
(1) the ability of air carriers to achieve capacity growth 
consistent with the projected rate of growth for the airline 
industry; 
(2) the impact of competition in the airline and air cargo 
industries; 
(3) the impact on nonhub and small community air service; 
and 
(4) the impact on new entry into the airline industry. 
§ 47524. Airport noise and access restriction review program 
(a) GENERAL REQUIREMENTS.—The national aviation noise pol-
icy established under section 47523 of this title shall provide for 
establishing by regulation a national program for reviewing airport 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1289 
noise and access restrictions on the operation of stage 2 and stage 
3 aircraft. The program shall provide for adequate public notice 
and opportunity for comment on the restrictions. 
(b) STAGE 2 AIRCILVFT.—Except as provided in subsection (d) 
of this section, an airport noise or access restriction may include 
a restriction on the operation of stage 2 aircraft proposed after 
October 1, 1990, only if the airport operator publishes the proposed 
restriction and prepares and makes available for public comment 
at least 180 days before the effective date of the proposed 
restriction— 
(1) an analysis of the anticipated or actual costs and bene-
fits of the existing or proposed restriction; 
(2) a description of alternative restrictions; 
(3) a description of the alternative measures considered 
that do not involve aircraft restrictions; and 
(4) a comparison of the costs and benefits of the alternative 
measures to the costs and benefits of the proposed restriction. 
(c) STAGE 3 AIRCRAFT.—(1) Except as provided in subsection 
(d) of this section, an airport noise or access restriction on the 
operation of stage 3 aircraft not in effect on October 1, 1990, 
may become effective only if the restriction has been agreed to 
by the airport proprietor and all aircraft operators or has been 
submitted to and approved by the Secretary of Transportation after 
an airport or aircraft operator's request for approval as provided 
by the program established under this section. Restrictions to which 
this paragraph applies include— 
(A) a restriction on noise levels generated on either a 
single event or cumulative basis; 
(B) a restriction on the total number of stage 3 aircraft 
operations; 
(C) a noise budget or noise allocation program that would 
include stage 3 aircraft; 
(D) a restriction on hours of operations; and 
(E) any other restriction on stage 3 aircraft. 
(2) Not later than 180 days after the Secretary receives an 
airport or aircraft operator's request for approval of an airport 
noise or access restriction on the operation of a stage 3 aircraft, 
the Secretary shall approve or disapprove the restriction. The Sec-
retary may approve the restriction only if the Secretary finds on 
the basis of substantial evidence that— 
(A) the restriction is reasonable, nonarbitrary, and non-
discriminatory; 
(B) the restriction does not create an unreasonable burden 
on interstate or foreign commerce; 
(C) the restriction is not inconsistent with maintaining 
the safe and efficient use of the navigable airspace; 
(D) the restriction does not conflict with a law or regulation 
of the United States; 
(E) an adequate opportunity has been provided for public 
comment on the restriction; and 
(F) the restriction does not create an unreasonable burden 
on the national aviation system. 
(3) Paragraphs (1) and (2) of this subsection do not apply 
if the Administrator of the Federal Aviation Administration, before 
November 5, 1990, has fDrmed a working group (outside the process 
established by part 150 of title 14, Code of Federal Regulations) 
with a local airport operator to examine the noise impact of air 
108 STAT. 1290 
PUBLIC LAW 103-272—JULY 5, 1994 
traffic control procedure changes at the airport. However, if an 
agreement on noise reductions at that airport is made between 
the airport proprietor and one or more air carriers or foreign air 
carriers that constitute a majority of the carrier use of the airport, 
this paragraph appUes only to a local action to enforce the agree-
ment. 
(4) The Secretary may reevaluate an airport noise or access 
restriction previously agreed to or approved under this subsection 
on request of an aircraft operator able to demonstrate to the satis-
faction of the Secretary that there lias been a change in the noise 
environment of the affected airport that justifies a reevaluation. 
Regulations. 
The Secretary shall establish by regulation procedures for conduct-
ing a reevaluation. A reevaluation— 
(A) shall be based on the criteria in paragraph (2) of 
this subsection; and 
(B) may be conducted only after 2 years after a decision 
under paragraph (2) of this subsection has been made. 
(d) NONAPPLICATION.—Subsections (b) and (c) of this section 
do not apply to— 
(1) a local action to enforce a negotiated or executed airport 
noise or access agreement between the airport operator and 
the aircraft operators in effect on November 5, 1990; 
(2) a local action to enforce a negotiated or executed airport 
noise or access restriction agreed to by the airport operator 
and the aircraft operators before November 5, 1990; 
(3) an intergovernmental agreement including an airport 
noise or access restriction in effect on November 5, 1990; 
(4) a subsequent amendment to an airport noise or access 
agreement or restriction in effect on November 5, 1990, that 
does not reduce or limit aircraft operations or affect aircraft 
safety; 
(5)(A) an airport noise or access restriction adopted by 
an airport operator not later than October 1, 1990, and stayed 
as of October 1, 1990, by a court order or as a result of 
litigation, if any part of the restriction is subsequently allowed 
by a court to take effect; or 
(B) a new restriction imposed by an airport operator to 
replace any part of a restriction described in subclause (A) 
of this clause that is disallowed by a court, if the new restriction 
would not prohibit aircraft operations in effect on November 
5, 1990;or 
(6) a local action that represents the adoption of the final 
part of a program of a staged airport noise or access restriction 
if the initial part of the program was adopted during 1988 
and was in effect on November 5, 1990. 
(e) GRANT LIMITATIONS.—Beginning on the 91st day after the 
Secretary prescribes a regulation under subsection (a) of this sec-
tion, a sponsor of a facility operating under an airport noise or 
access restriction on the operation of stage 3 aircraft that first 
became effective after October 1, 1990, is eligible for a grant under 
section 47104 of this title and is eligible to impose a passenger 
facility fee under section 40117 of this title only if the restriction 
has been— 
(1) agreed to by the airport proprietor and aircraft opera-
tors; 
(2) approved by the Secretary as required by subsection 
(c)(1) of this section; or 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1291 
(3) rescinded. 
§ 47525. Decision about airport noise and access restrictions 
on certain stage 2 aircraft 
The Secretary of Transportation shall conduct a study and 
decide on the application of section 47524(a)-(d) of this title to 
airport noise and access restrictions on the operation of stage 2 
aircraft with a maximum weight of not more than 75,000 pounds. 
In making the decision, the Secretary shall consider— 
(1) noise levels produced by those aircraft relative to other 
aircraft; 
(2) the benefits to general aviation and the need for effi-
ciency in the national air transportation system; 
(3) the differences in the nature of operations at airports 
and the areas immediately surrounding the airports; 
(4) international standards and agreements on aircraft 
noise; and 
(5) other factors the Secretary considers necessary. 
§47526. Limitations for noncomplying airport noise and 
access restrictions 
Unless the Secretary of Transportation is satisfied that an 
airport is not imposing an airport noise or access restriction not 
in compliance with this subchapter, the airport may not— 
(1) receive money under subchapter I of chapter 471 of 
this title; or 
(2) impose a passenger facility fee under section 40117 
of this title. 
§ 47527. Liability of the United States Government for noise 
damages 
When a proposed airport noise or access restriction is dis-
approved under this subchapter, the United States Government 
shall assume liability for noise damages only to the extent that 
a taking has occurred as a direct result of the disapproval. The 
United States Court of Federal Claims has exclusive jurisdiction 
of a civil action under this section. 
§47528. Prohibition 
on 
operating 
certain 
aircraft 
not 
complying with stage 3 noise levels 
(a) PROHIBITION.—Except as provided in subsection (b) of this 
section and section 47530 of this title, a person may operate after 
December 31, 1999, a civil subsonic turbojet with a maximum 
weight of more than 75,000 pounds to or from an airport in the 
United States only if the Secretary of Transportation finds that 
the aircraft complies with the stage 3 noise levels. 
(b) WAIVERS.—(1) If, not later than July 1, 1999, at least 
85 percent of the aircraft used by an air carrier to provide air 
transportation comply with the stage 3 noise levels, the carrier 
may apply for a waiver of subsection (a) of this section for the 
remaining aircraft used by the carrier to provide air transportation. 
The application must be filed with the Secretary not later than 
January 1, 1999, and must include a plan with firm orders for 
making all aircr^t used by the carrier to provide air transportation 
comply with the noise levels not later than December 31, 2003. 
(2) The Secretary may grant a waiver under this subsection 
if the Secretary finds it would be in the public interest. In making 
108 STAT. 1292 
PUBLIC LAW 103-272—JULY 5, 1994 
the finding, the Secretary shall consider the effect of granting 
the waiver on competition in the air carrier industry and on small 
community air service. 
(3) A waiver granted under this subsection may not permit 
the operation of stage 2 aircraft in the United States after December 
31, 2003. 
Regulations. 
(c) SCHEDULE FOR PHASED-IN COMPLIANCE.—^The Secretary 
shall establish by regulation a schedule for phased-in compliance 
with subsection (a) of this section. The phase-in period shall begin 
on November 5, 1990, and end before December 31, 1999. The 
regulations shall establish interim compliance dates. The schedule 
for phased-in compliance shall be based on— 
(1) a detailed economic analysis of the impact of the phase-
out date for stage 2 aircraft on competition in the airline 
industry, including— 
(A) the ability of air carriers to achieve capacity growth 
consistent with the projected rate of growth for the airline 
industry; 
(B) the impact of competition in the airline and air 
cargo industries; 
(C) the impact on nonhub and small community air 
service; and 
(D) the impact on new entry into the airline industry; 
and 
(2) an analysis of the impact of aircraft noise on individuals 
residing near airports. 
(d) ANNUAL REPORT.—Beginning with calendar year 1992— 
(1) each air carrier shall submit to the Secretary an annual 
report on the progress the carrier is making toward complying 
with the requirements of this section and regulations prescribed 
under this section; and 
(2) the Secretary shall submit to Congress an annual report 
on the progress being made toward that compliance. 
(e) HAWAIIAN OPERATIONS.—(1) In this subsection, "turnaround 
service" means a flight between places only in Hawaii. 
(2)(A) An air carrier or foreign air carrier may not operate 
in Hawaii, or between a place in Hawaii and a place outside 
the 48 contiguous States, a greater number of stage 2 aircraft 
with a maximum weight of more than 75,000 pounds than it oper-
ated in Hawaii, or between a place in Hawaii and a place outside 
the 48 contiguous States, on November 5, 1990. 
(B) An air carrier that provided turnaround service in Hawaii 
on November 5, 1990, using stage 2 aircraft with a maximum 
weight of more than 75,000 pounds may include in the number 
of aircraft authorized under subparagraph (A) of this paragraph 
all stage 2 aircraft with a maximum weight of more than 75,000 
pounds that were owned or leased by that carrier on that date, 
whether or not the aircraft were operated by the carrier on that 
date. 
(3) An air carrier may provide turnaround service in Hawaii 
using stage 2 aircraft with a maximum weight of more than 75,000 
pounds only if the carrier provided the service on November 5, 
1990. 
§ 47529. Nonaddition rule 
(a) GENERAL LIMITATIONS.—Except as provided in subsection 
(b) of this section and section 47530 of this title, a person may 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1293 
operate a civil subsonic turbojet aircraft with a maximum weight 
of more than 75,000 pounds that is imported into the United States 
after November 4,1990, only if the aircraft;— 
(1) complies with the stage 3 noise levels; or 
(2) was purchased by the person importing the aircraft 
into the United States under a legally binding contract made 
before November 5, 1990. 
(b) EXEMPTIONS.—^The Secretary of Treinsportation may provide 
an exemption from subsection (a) of this section to permit a person 
to obtain modifications to an aircraft to meet the stage 3 noise 
levels. 
(c) AIRCRAFT DEEMED NOT IMPORTED.—^In this section, an air- 
^ 
craft is deemed not to have been imported into the United States 
if the aircraft— 
(1) was owned on November 5,1990, by— 
(A) a corporation, trust, or partnership organized under 
the laws of the United States or a State (including the 
District of Columbia); 
(B) an individual who is a citizen of the United States; 
or 
(C) an entity that is owned or controlled by a corpora-
tion, trust, 
partnership, 
or individual 
described 
in 
subclause (A) or (B) of this clause; and 
(2) enters the United States not later than 6 months after 
the expiration of a lease agreement (including any extension) 
between an owner described in clause (1) of this subsection 
and a foreign carrier. 
§47530. Nonapplication of sections 47528(a)-(d) and 47529 
to aircraft outside the 48 contiguous States 
Sections 47528(a)-(d) and 47529 of this title do not apply to 
aircraft used only to provide air transportation outside the 48 
contiguous States. A civil subsonic turbojet aircraft with a maximum 
weight of more than 75,000 pounds that is imported into a non-
contiguous State or a territory or possession of the United States 
after November 4, 1990, may be used to provide air transportation 
in the 48 contiguous States only if the aircraft complies with the 
stage 3 noise levels. 
§47531. Penalties for violating sections 47528-47530 
A person violating sections 47528, 47529, or 47530 of this 
title or a regulation prescribed under those sections is subject 
to the same civil penalties and procedures under chapter 463 of 
this title as a person violating section 44701(a) or (b) or 44702-
44716 of this title. 
§47532. Judicial review 
An action taken by the Secretary of Transportation under sec-
tions 47528-47531 of tliis title is subject to judicial review as 
provided under section 46110 of this title. 
§47533. Relationship to other laws 
Except as provided by section 47524 of this title, this subchapter 
does not aftect— 
(1) law in effect on November 5, 1990, on airport noise 
or access restrictions by local authorities; 
79-194 0—95—19 : QL 3 Part 2 
108 STAT. 1294 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) any proposed airport noise or access restriction at a 
general aviation airport if the airport proprietor has formally 
initiated a regulatory or legislative process before October 2, 
1990;or 
(3) the authority of the Secretary of Transportation to 
seek and obtain legal remedies the Secretary considers appro-
priate, including injunctive relief, 
PART C — F I N A N C I N G 
CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND 
AUTHORIZATIONS 
Sec. 
48101. Air navigation facilities. 
48102. Research and development. 
48103. Airport planning and development and noise compatibility planning and 
programs. 
48104. Certain direct costs and joint air navigation services. 
48105. Weather reporting services. 
48106. Airway science curriculum grants. 
48107. Civil aviation security research and development. 
48108. Availability and uses of amounts. 
48109. Submission of budget information and legislative recommendations and 
comments. 
48110. Facilities for advanced training of maintenance technicians for air carrier 
aircraft. 
§48101. Air navigation facilities 
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more 
than a total of the following amounts may be appropriated to 
the Secretary of Transportation out of the Airport and Airway 
Trust Fund established under section 9502 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and improve 
air navigation facilities under section 44502(a)(1)(A) of this title: 
(1) for the fiscal years ending September 30, 1991-1993, 
$8,200,000,000. 
(2) for the fiscal years ending September 30, 1991-1994, 
$11,100,000,000. 
(3) for the fiscal years ending September 30, 1991-1995, 
$14,000,000,000. 
(b) MAJOR AIRWAY CAPITAL INVESTMENT PLAN CHANGES.—If 
the Secretary decides that it is necessary to augment or substan-
tially modify elements of the Airway Capital Investment Plan 
referred to in section 44501(b) of this title (including a decision 
that it is necessary to establish more than 23 area control facilities), 
not more than $100,000,000 may be appropriated to the Secretary 
out of the Fund for the fiscal year ending September 30, 1994, 
to carry out the augmentation or modification. 
(c) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
this section remain available until expended. 
§ 48102. Research and development 
(a) AUTHORIZATION OF APPROPRIATIONS.—^Not more than the 
following amounts may be appropriated to the Secretary of 
Transportation out of the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 1986 
(26 U.S.C. 9502) to carry out sections 44504, 44505, 44507, 44509, 
and 44511-44513 of this title: 
(1) for the fiscal year ending September 30, 1993— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1295 
(A) $14,700,000 only for management and analysis 
projects and activities. 
(B) $87,000,000 only for capacity and air traffic 
management technology projects and activities. 
(C) $28,000,000 only for communications, navigation, 
and surveillance projects and activities. 
(D) $7,700,000 only for weather projects and activities. 
(E) $6,800,000 only for airport technology projects and 
activities. 
(F) $44,000,000 only for aircraft safety technology 
projects and activities. 
(G) $41,100,000 only for system security technology 
projects and activities. 
(H) $31,000,000 only for human factors and aviation 
medicine projects and activities. 
(I) $4,500,000 for environment and energy projects and 
activities. 
(J) $5,200,000 for innovative and cooperative research 
projects and activities. 
(2) for the fiscal year ending September 30, 1994, 
$297,000,000. 
(b) AVAILABILITY FOR RESEARCH.—(1) At least 15 percent of 
the amount appropriated under subsection (a) of this section shall 
be for long-term research projects. 
(2) At least 3 percent of the amount appropriated under sub-
section (a) of this section shall be available to the Administrator 
of the Federal Aviation Administration to make grants under section 
44511 of this title. 
(c) TRANSFERS BETWEEN CATEGORIES.—(1) Not more than 10 
percent of the net amount authorized for a category of projects 
and activities in a fiscal year under subsection (a) of this section 
may be transferred to or from that category in that fiscal year. 
(2) The Secretary may transfer more than 10 percent of an 
authorized amount to or from a category only after— 
(A) submitting a written explanation of the proposed trans-
fer to the Committees on Science, Space, and Technology and 
Appropriations of the House of Representatives and the 
Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate; and 
(B) 30 days have passed after the explanation is submitted 
or each Committee notifies the Secretary in writing that it 
does not object to the proposed transfer. 
(d) AIRPORT CAPACITY RESEARCH AND DEVELOPMENT.—-<1) Of 
the amounts made available under subsection (a) of this section, 
at least $25,000,000 may be appropriated each fiscal year for 
research and development under section 44505(a) and (c) of this 
title on preserving and enhancing airport capacity, including 
research and development on improvements to airport design stand-
ards, maintenance, safety, operations, and environmental concerns. 
(2) The Administrator shall submit to the Committees on 
Reports. 
Science, Space, and Technology and Public Works and Transpor-
tation of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report on 
expenditures made under paragraph (1) of this subsection for each 
fiscal year. The report shall be submitted not later than 60 days 
after the end of the fiscal vear. 
108 STAT. 1296 
PUBLIC LAW 103-272—JULY 5, 1994 
(e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—^Nec-
essary amounts may be appropriated to the Secretary out of 
amounts in the Fund available for research and development to 
conduct research under section 44506(a) and (b) of this title. 
(f) AVAILABILITY OF AMOUNTS.—^Amounts appropriated under 
subsection (a) of this section remain available until expended. 
§48103. Airport 
planning 
and 
development 
and 
noise 
compatibility planning and programs 
Not more than a total of $15,966,700,000 is available to the 
Secretary of Transportation for the fiscal years ending September 
30, 1982-1993, out of the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 1986 
(26 U.S.C. 9502) to make grants for airport planning and airport 
development under section 47104 of this title, airport noise compat-
ibility planning under section 47505(a)(2) of this title, and carrying 
out noise compatibility programs under section 47504(c) of this 
title. 
§48104. Certain direct costs and joint air navigation services 
(a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided 
in this section, the balance of the money available in the Airport 
and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502) may be appro-
priated to the Secretary of Transportation out of the Fund for— 
(1) direct costs the Secretary incurs to flight check, operate, 
and maintain air navigation facilities referred to in section 
44502(a)(1)(A) of this title safely and efficiently; and 
(2) the costs of services provided under international agree-
ments related to the joint financing of air navigation services 
assessed against the United States Government. 
(b) LIMITATION.—^The amount that may be appropriated out 
of the Fund for each of the fiscal years ending September 30, 
1993-1995, may not be more than an amount equal to— 
(1) 75 percent of the amount made available under sections 
106(k) and 48101-48103 of this title for that fiscal year; less 
(2) the amount made available under sections 48101-48103 
of this title for that fiscal year. 
§ 48105. Weather reporting services 
To reimburse the Secretary of Commerce for the cost incurred 
by the National Oceanic and Atmospheric Administration of provid-
ing weather reporting services to the Federal Aviation Administra-
tion, the Secretary of Transportation may expend from amounts 
available under section 48104 of this title not more than the follow-
ing amounts: 
(1) for the fiscal year ending September 30, 1993, 
$35,596,000. 
(2) for the fiscal year ending September 30, 1994, 
$37,800,000. 
(3) for the fiscal year ending September 30, 1995, 
$39,000,000. 
§ 48106. Airway science curriculum grants 
Amounts are available from the Airport and Airway Trust 
Fund established under section 9502 of the Internal Revenue Code 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1297 
of 1986 (26 U.S.C. 9502) to carry out section 44510 of this title. 
The amounts remain available until expended. 
§48107. Civil aviation security research and development 
After the review under section 44912(b) of this title is com-
pleted, necessary amounts may be appropriated to the Secretary 
of Transportation out of the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 1986 
(26 U.S.C. 9502) to make grants under section 44912(a)(4)(A). 
§ 48108. Availability and uses of amounts 
(a) AVAILABILITY OF AMOUNTS.—^Amounts equal to the amounts 
authorized under sections 48101-48105 of this title remain in the 
Airport 8ind Airway Trust Fund established under section 9502 
of the Internal Revenue Code of 1986 (26 U.S.C. 9502) until appro-
priated for the purposes of sections 48101-48105. 
(b) LIMITATIONS ON USES.—(1) Amounts in the Fund may be 
appropriated only to carry out a program or activity referred to 
in this chapter. 
(2) Amounts in the Fund may be appropriated for administra-
tive expenses of the Department of Transportation or a component 
of the Department only to the extent authorized by section 48104 
of this title. 
(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—In 
a fiscal year beginning after September 30, T995, the Secretary 
of Transportation may obligate or expend an amount appropriated 
out of the Fund under section 481()4 of this title only if a law 
expressly amends section 48104. 
§48109. Submission of budget information and legislative 
recommendations and comsaents 
When the Administrator of the Federal Aviation Administration 
submits to the Secretary of Transportation, the President, or the 
Director of the Office of Management and Budget any budget 
information, legislative recommendation, or comment on legislation 
about amounts authorized in section 48101 or 48102 of this title, 
the Administrator concurrently shall submit a copy of the informa-
tion, recommendation, or comment to the Speaker of the House 
of Representatives, the Committees on Public Works and Transpor-
tation and Appropriations of the House, the President of the Senate, 
and the Committees on Commerce, Science, and Transportation 
and Appropriations of the Senate. 
§48110. Facilities for advanced training of maintenance 
technicians for air carrier aircraft 
For the fiscal years ending September 30, 1993-1995, amounts 
necessary to carry out section 44515 of this title may be appro-
priated to the Secretary of Transportation out of the Airport and 
Airway Trust Fund established under section 9502 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9502). The amounts remain avail-
able until expended. 
PART D—MISCELLANEOUS 
CHAPTER 491—BUY-AMERICAN PREFERENCES 
Sec. 
49101. Buying goods produced in the United States. 
108 STAT. 1298 
PUBLIC LAW 103-272—JULY 5, 1994 
49102. Restricting contract awards because of discrimination against United States 
goods or services. 
49103. Contract preference for domestic firms. 
49104. Restriction on airport projects using products or services of foreign coun-
tries denying fair market opportunities. 
49105. Fraudulent use of "Made in America" label. 
§ 49101. Buying goods produced in the United States 
(a) PREFERENCE.—^The Secretary of Transportation may obligate 
an amount that may be appropriated to carry out section 106(k), 
44502(a)(2), or 44509, subchapter I of chapter 471 (except sections 
47106(d) and 47127), or chapter 481 (except sections 48102(e), 
48106, 48107, and 48110) of this title for a project only if steel 
and manufactured goods used in the project are produced in the 
United States. 
(b) WAIVER.—^The Secretary may waive subsection (a) of this 
section if the Secretary finds that— 
(1) applying subsection (a) would be inconsistent with the 
public interest; 
(2) the steel and goods produced in the United States 
are not produced in a sufficient and reasonably available 
amount or are not of a satisfactory quality; 
(3) when procuring a facility or equipment under section 
44502(a)(2) or 44509, subchapter I of chapter 471 (except sec-
tions 47106(d) and 47127), or chapter 481 (except sections 
48102(e), 48106, 48107, and 48110) of this title— 
(A) the cost of components and subcomponents pro-
duced in the United States is more than 60 percent of 
the cost of all components of the facility or equipment; 
and 
(B) final assembly of the facility or equipment has 
occurred in the United States; or 
(4) including domestic material will increase the cost of 
the overall project by more than 25 percent. 
(c) LABOR COSTS.—In this section, labor costs involved in final 
assembly are not included in calculating the cost of components. 
§ 49102. Restricting contract awards because of discrimina-
tion against United States goods or services 
A person or enterprise domiciled or operating under the laws 
of a foreign country may not make a contract or subcontract under 
section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 
(except sections 47106(d) and 47127), or chapter 481 (except sections 
48102(e), 48106, 48107, and 48110) of this title or subtitle B of 
title IX of the Omnibus Budget Reconciliation Act of 1990 (Public 
Law 101-508, 104 Stat. 1388-353) if the government of that country 
unfairly maintains, in government procurement, a significant and 
persistent pattern of discrimination against United States goods 
or services that results in identifiable harm to United States 
businesses, that the President identifies under section 305(g)(1)(A) 
of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)). 
§ 49103. Contract preference for domestic firms 
(a) DEFINITIONS.—In this section— 
(1) "domestic firm" means a business entity incorporated, 
and conducting business, in the United States. 
(2) "foreign firm" means a business entity not described 
in clause (1) of this subsection. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1299 
(b) PREFERENCE.—Subject to subsections (c) and (d) of this 
section, the Administrator of the Federal Aviation Administration 
may m£ike, with a domestic firm, a contract related to a grant 
made under section 44511, 44512, or 44513 of this title that, under 
competitive procedures, would be made with a foreign firm, if— 
(1) the Administrator decides, and the Secretary of Com-
merce and the United States Trade Representative concur, 
that the public interest requires making the contract with 
the domestic firm, considering United States international 
obligations and trade relations; 
(2) the difference between the bids submitted by the foreign 
firm and the domestic firm is not more than 6 percent; 
(3) the final product of the domestic firm will be assembled 
completely in the United States; and 
(4) at least 51 percent of the final product of the domestic 
firm will be produced in the United States. 
(c) NONAPPLICATION.—Subsection (b) of this section does not 
apply if— 
(1) compelling national security considerations require that 
subsection (b) of this section not apply; or 
(2) the Trade Representative decides that making the con-
tract would violate the General Agreement on Tariffs and Trade 
or an international agreement to which the United States is 
a party. 
(d) APPLICATION TO CERTAIN GRANTS.—This section applies only 
to a contract related to a grant made under section 44511, 44512, 
or 44513 of this title for which— 
(1) an amount is authorized by section 48102(a), (b), or 
(d) of this title to be made available for the fiscal years ending 
September 30, 1991, and September 30, 1992; and 
(2) a solicitation for bid is issued after November 5, 1990. 
(e) REPORT.—^The Administrator shall submit a report to Con-
gress on— 
(1) contracts to which this section applies that are made 
with foreign firms in the fiscal years ending September 30, 
1991, and September 30, 1992; 
(2) the number of contracts that meet the requirements 
of subsection (b) of this section, but that the Trade Representa-
tive decides would violate the General Agreement on Tariffs 
and Trade or £in international agreement to which the United 
States is a party; and 
(3) the number of contracts made under this section. 
§49104. Restriction on airport projects using products or 
services of foreign countries denying fair market 
opportunities 
(a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this 
section— 
(1) "project" has the same meaning given that term in 
section 47102 of this title. 
(2) each foreign instrumentality and each territory and 
possession of a foreign country administered separately for 
customs purposes is a separate foreign country. 
(3) an article substantially produced or manufactured in 
a foreign country is a product of the country. 
108 STAT. 1300 
PUBLIC LAW 103-272—JULY 5, 1994 
(4) a service provided by a person that is a national of 
a foreign country or that is controlled by a national of a foreign 
country is a service of the country. 
(b) 
LIMITATION ON USE OF AVAILABLE AMOUNTS.—(1) 
An 
amount made available under subchapter I of chapter 471 of this 
title (except sections 47106(d) and 47127) may not be used for 
a project that uses a product or service of a foreign country during 
any period the country is on the list maintained by the United 
States Trade Representative under subsection (d)(1) of this section. 
(2) Paragraph (1) of this subsection does not apply when the 
Secretary of Transportation decides that— 
(A) applying paragraph (1) to the product, service, or project 
is not in the public interest; 
(B) a product or service of the same class or type and 
of satisfactory quality is not produced or offered in the United 
States, or in a foreign country not listed under subsection 
(d)(1) of this section, in a sufficient and reasonably available 
amount; and 
(C) the project cost will increase by more than 20 percent 
if the product or service is excluded. 
(c) DECISIONS ON DENIAL OF FAIR MARKET OPPORTUNITIES.— 
Not later than 30 days after a report is submitted to Congress 
under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), 
the Trade Representative, for a construction project of more than 
$500,000 for which the government of a foreign country supplies 
any part of the amount, shall decide whether the foreign country 
denies fair market opportunities for products and suppliers of the 
United States in procurement or for United States bidders. In 
making the decision, the Trade Representative shall consider 
information obtained in preparing the report and other information 
the Trade Representative considers relevant. 
(d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNI-
TIES.—<1) The Trade Representative shall maintain a list of each 
foreign country the Trade Representative finds under subsection 
(c) of this section is denying fair market opportunities. The country 
shall remain on the list until the Trade Representative decides 
the country provides fair market opportunities. 
Federal 
(2) The Trade Representative shall publish in the Federal 
S?wfSo„ 
Register— 
(A) annually the list required under paragraph (1) of this 
subsection; and 
(B) any modification of the list made before the next list 
is published. 
§ 49105. Fraudulent use of "Made in America** label 
If the Secretary of Transportation decides that a person inten-
tionally affixed a "Made in America" label to goods sold in or 
shipped to the United States that are not made in the United 
States, the Secretary shall declare the person ineligible, for not 
less than 3 nor more than 5 years, to receive a contract or grant 
from the United States Government related to a contract made 
under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 
471 (except sections 47106(d) and 47127), or chapter 481 (except 
sections 48102(e), 48106, 48107, and 48110) of this title or subtitle 
B of title IX of the Omnibus Budget Reconciliation Act of 1990 
(Public Law 101-508, 104 Stat. 1388-353). The Secretary may 
publication. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1301 
bring a civil action to enforce this section in any district court 
of the United States. 
SUBTITLE Vra—PIPELE^S 
CHAPTER 
Sec. 
601. 
SAFETY 
60101 
603. USER FEES 
60301 
605. INTERSTATE COMMERCE REGULATION 
60501 
CHAPTER 601—SAFETY 
Sec. 
60101. 
Definitions. 
60102. General authority. 
60103. Standards for liquefied natural gas pipeline facilities. 
60104. Requirements and limitations. 
60105. State certifications. 
60106. State agreements. 
60107. State grants. 
60108. Inspection and maintenance. 
60109. High-density population areas and environmentally sensitive areas. 
60110. Excess flow valves. 
60111. Financial responsibility for liquefied natural gas facilities. 
60112. Pipeline facilities hazajrdous to life and property. 
60113. Customer-owned natural gas service lines. 
60114. One-call notification systems. 
60115. Technical safety stanmu'ds committees. 
60116. Public education programs. 
60117. 
Administrative. 
60118. Compliance and waivers. 
60119. Judicial review. 
60120. 
Enforcement. 
60121. Actions by private persons. 
60122. Civil penalties. 
60123. Criminal penalties. 
60124. Annual reports. 
60125. Authorization of appropriations. 
. 
§60101. DeHnitions 
(a) In this chapter— 
(1) "existing liquefied natural gas facihty"— 
(A) means a liquefied natural gas facility for which 
an application to approve the site, construction, or oper-
ation of the facility was filed before March 1, 1978, with— 
(i) the Federal Energy Regulatory Commission (or 
any predecessor); or 
(ii) the appropriate State or local authority, if the 
facility is not subject to the jurisdiction of the Commis-
sion under the Natural Gas Act (15 U.S.C. 717 et 
seq.); but 
(B) does not include a facility on which construction 
is begun after November 29, 1979, without the approval. 
(2) "gas" means natural gas, flammable gas, or toxic or 
corrosive gas. 
(3) "gas pipeline facility" includes a pipeline, a right of 
way, a facility, a building, or equipment used in transporting 
gas or treating gas during its transportation. 
(4) "hazardous liquid" means— 
(A) petroleum or a petroleum product; and 
(B) a substance the Secretary of Transportation decides 
may pose an unreasonable risk to life or property when 
transported by a hazardous liquid pipeline facility in a 
liquid state (except for liquefied natural gas). 
108 STAT. 1302 
PUBLIC LAW 103-272—JULY 5, 1994 
(5) "hazardous liquid pipeline facility" includes a pipeline, 
a right of way, a facility, a building, or equipment used or 
intended to be used in transporting hazardous liquid. 
(6) "interstate gas pipeline facility"— 
(A) means a gas pipeline facility— 
(i) used to transport gas; and 
(ii) subject to the jurisdiction of the Commission 
under the Natural Gas Act (15 U.S.C. 717 et seq.); 
but 
(B) does not include a gas pipeline facility transporting 
gas from an interstate gas pipeline in a State to a direct 
sales customer in that State buying gas for its own 
consumption. 
(7) "interstate hazardous liquid pipeline facility" means 
a hazardous liquid pipeline facility used to transport hazardous 
liquid in interstate or foreign commerce. 
(8) "interstate or foreign commerce"— 
(A) related to gas, means commerce— 
(i) between a place in a State and a place outside 
that State; or 
(ii) that 
affects 
any commerce described 
in 
subclause (A)(i) of this clause; and 
(B) related to hazardous liquid, means commerce 
between— 
(i) a place in a State and a place outside that 
State; or 
(ii) places in the same State through a place out-
side the State. 
(9) "intrastate gas pipeline facility means— 
(A) a gas pipeline facility and transportation of gas 
within a State not subject to the jurisdiction of the Commis-
sion under the Natural Gas Act (15 U.S.C. 717 et seq.); 
and 
(B) a gas pipeline facility transporting gas from an 
interstate gas pipeline in a State to a direct sales customer 
in that State buying gas for its own consumption. 
(10) "intrastate hazardous liquid pipeline facility" means 
a hazardous liquid pipeline facility that is not an interstate 
hazardous liquid pipeline facility. 
(11) "liquefied natural gas" means natural gas in a liquid 
or semisolid state. 
(12) "liquefied natural gas accident" means a release, burn-
ing, or explosion of liquefied natural gas from any cause, except 
a release, burning, or explosion that, under regulations pre-
scribed by the Secretary, does not pose a threat to public 
health or safety, property, or the environment. 
(13) "liquefied natural gas conversion" means conversion 
of natural gas into liquefied natural gas or conversion of lique-
fied natural gas into natural gas. 
(14) "liquefied natural gas pipeline facility"— 
(A) means a gas pipeline facility used for transporting 
or storing liquefied natural gas, or for liquefied natural 
gas conversion, in interstate or foreign commerce; but 
(B) does not include any part of a structure or equip-
ment located in navigable waters (as defined in section 
3 of the Federal Power Act (16 U.S.C. 796)). 
(15) "municipality" means a political subdivision of a State. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1303 
(16) "new liquefied natural gas pipeline facility" means 
a liquefied natural gas pipeline facility except an existing lique-
fied natural gas pipeline facility. 
(17) "person", in addition to its meaning under section 
1 of title 1 (except as to societies), includes a State, a municipal-
ity, and a trustee, receiver, assignee, or personal representative 
of a person. 
(18) "pipeline facilit)^" means a gas pipeline facility and 
a hazardous liquid pipeline facility. 
(19) "pipeline transportation" means transporting gas and 
transporting hazardous liquid. 
(20) "State" means a State of the United States, the District 
of Columbia, and Puerto Rico. 
(21) "transporting gas"— 
(A) means the gathering, transmission, or distribution 
of gas by pipeline, or the storage of gas, in interstate 
or foreign commerce; but 
(B) does not include gathering gas in a rural area 
outside a populated area designated by the Secretary as 
a nonrural area. 
(22) "transporting hazardous liquid"— 
(A) means the movement of hazardous liquid by pipe-
line, or the storage of hazardous liquid incidental to the 
movement of hazardous liquid by pipeline, in or affecting 
interstate or foreign commerce; but 
(B) does not include moving hazardous liquid through— 
(i) gathering lines in a rural area; 
(ii) onshore production, refining, or manufacturing 
facilities; or 
(iii) storage or in-plant piping systems associated 
with onshore production, refining, or manufacturing 
facilities. 
(b) GATHERING LINES.—(1)(A) Not later than October 24, 1994, Regulations, 
the Secretary shall define by regulation the term "gathering line". 
(B) In defining "gathering line" for gas, the Secretary— 
(i) shall consider functional and operational characteristics 
of the lines to be included in the definition; and 
(ii) is not bound by a classification the Commission estab-
lishes under the Natural Gas Act (15 U.S.C. 717 et seq.). 
(2)(A) Not later than October 24, 1995, the Secretary shall 
define by regulation the term "regulated gathering line". In defining 
the term, the Secretary shall consider factors such as location, 
length of line from the well site, operating pressure, throughput, 
and the composition of the transported gas or hazardous liquid, 
as appropriate, in deciding on the types of lines that functionally 
are gathering but should be regulated under this chapter because 
of specific physical characteristics. 
(B)(i) The Secretary also shall consider diameter when defining 
"regulated gathering line" for hazardous liquid. 
(ii) The definition of "regulated gathering line" for hazardous 
liquid may not include a crude oil gathering line that has a nominal 
diameter of not more than 6 inches, is operated at low pressure, 
and is located in a rural area that is not unusually sensitive 
to environmental damage. 
108 STAT. 1304 
PUBLIC LAW 103-272—JULY 5, 1994 
§ 60102. General authority 
(a)(1) 
MINIMUM 
SAFETY 
STANDARDS.—^The 
Secretary 
of 
Transportation shall prescribe minimum safety standards for pipe-
line transportation and for pipeline facilities. The standards— 
(A) apply to transporters of gas and hazardous liquid and 
to owners and operators of pipeline facilities; 
j 
(B) may apply to the design, installation, inspection, emer-
gency plans and procedures, testing, construction, extension, 
operation, replacement, and maintenance of pipeline facilities; 
and 
(C) shall include a requirement that all individuals respon-
sible for the operation £ind maintenance of pipeline facilities 
be tested for qualifications and certified to operate and maintain 
those facilities. 
(2) As the Secretary considers appropriate, the operator of 
a pipeline facility may make the certification under paragraph 
(1)(C) of this subsection. Testing and certification under paragraph 
(IXC) shall address the ability to recognize and react appropriately 
to abnormal operating conditions that may indicate a dangerous 
situation or a condition exceeding design limits. 
(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A stand-
ard prescribed under subsection (a) of this section shall be prac-
ticable and designed to meet the need for gas pipeline safety, 
for safely transporting hazardous liquid, and for protecting the 
environment. Except as provided in section 60103 of this title, 
when prescribing the standard the Secretary shall consider— 
(1) relevant available— 
(A) gas pipeline safety information; or 
(B) hazardous liquid pipeline information; 
(2) the appropriateness of the standard for the particular 
, 
type of pipeline transportation or facility; 
(3) the reasonableness of the standard; and 
(4) the extent to which the standard will contribute to 
public safety and the protection of the environment. 
(c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—(1) The Secretary 
shall include in the standards prescribed under subsection (a) of 
this section a requirement that an operator of a gas pipeline facility 
participate in a public safety program that— 
(A) notifies an operator of proposed demolition, excavation, 
tunneling, or construction near or affecting the facility; 
(B) requires an operator to identify a pipeline facility that 
may be affected by the proposed demolition, excavation, tunnel-
ing, or construction, to prevent damaging the facility; and 
(C) the Secretary decides will protect a facility adequately 
against a hazard caused by demolition, excavation, tunneling, 
or construction. 
(2) To the extent a public safety program referred to in para-
graph (1) of this subsection is not available, the Secretary shall 
prescribe standards requiring an operator to take action the Sec-
retary prescribes to provide services comparable to services that 
would be available under a public safety program. 
(3) The Secretary may include in the standards prescribed 
under subsection (a) of this section a requirement that an operator 
of a hazardous liquid pipeline facility participate in a public safety 
program meeting the requirements of paragraph (1) of this sub-
section or maintain and carry out a damage prevention program 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1305 
that provides services comparable to services that would be avail-
able under a public safety program. 
(d) FACILITY OPERATION INFORMATION STANDARDS.—The Sec-
retary shall prescribe minimum standards requiring an operator 
of a pipeline facility subject to this chapter to maintain, to the 
extent practicable, information related to operating the facility and, 
when requested, to provide the information to the Secretary and 
an appropriate State official. The information shall include— 
(1) the business name, address, and telephone number, 
including an operations emergency telephone number, of the 
operator; 
(2) accurate maps and a supplementary geographic descrip-
tion, including an identification of areas described in regula-
tions prescribed under section 60109 of this title, that show 
the location in the State o
f
— 
(A) m^jor gas pipeline facilities of the operator, includ-
ing transmission lines and significant distribution lines; 
and 
(B) major hazardous liquid pipeline facilities of the 
operator; 
(3) a description o
f
— 
(A) the characteristics of the operator's pipelines in 
the State; and 
(B) products transported through the operator's pipe-
lines in the State; 
(4) the manual that governs operating and maintaining 
pipeline facilities in the State; 
(5) an emergency response plan describing the operator's 
procedures 
for 
responding 
to 
and 
containing 
releases, 
including— 
(A) identifying specific action the operator will take 
on discovering a release; 
(B) liaison procedures with State and local authorities 
for emergency response; and 
(C) communication and alert procedures for imme-
diately notifjdng State and local officials at the time of 
a release; and 
(6) other information the Secretary considers useful to 
inform a State of the presence of pipeline facilities and oper-
ations in the State. 
(e) PIPE INVENTORY STANDARDS.—The Secretary shall prescribe 
minimum standards requiring an operator of a pipeline facility 
subject to this chapter and, to the extent the Secretary considers 
necessary, an operator of a gathering line that is not a regulated 
gathering line (as defined under section 60101(b)(2) of this title), 
to maintain for the Secretary, to the extent practicable, an inventory 
with appropriate information about the types of pipe used for the 
transmission of gas or hazardous liquid, as appropriate, in the 
operator's system and additional information, including the mate-
rial's history and the leak history of the pipe. The inventory— 
(1) for a gas pipeline facility, shall include an identification 
of each facility passing through an area described in regulations 
prescribed under section 60109 of this title but shall exclude 
equipment used with the compression of gas; and 
(2) for a hazardous liquid pipeline facility, shall include 
an identification of each facility and gathering line passing 
through an area described in regulations prescribed under sec-
108 STAT. 1306 
PUBLIC LAW 103-272—JULY 5, 1994 
tion 60109 of this title, whether the faciUty or gathering line 
otherwise is subject to this chapter, but shall exclude equipment 
associated only with the pipeline pumps or storage facilities. 
(D STANDARDS AS ACCOMMODATING "SMART PIGS".—(1) The Sec-
retary shall prescribe minimum safety standards requiring that 
the design and construction of a new gas pipeline transmission 
facility or hazardous liquid pipeline facility, and the required 
replacement of an existing gas pipeline transmission facility, 
hazardous liquid pipeline facility, or equipment, be carried out, 
to the extent practicable, in a way that accommodates the passage 
through the facility of an instrumented internal inspection device 
(commonly referred to as a "smart pig"). The Secretary may apply 
the standard to an existing gas or hazardous liquid transmission 
facility and require the facility to be changed to allow the facility 
to be inspected with an instrumented internal inspection device 
if the basic construction of the facility will accommodate the device. 
Regulations. 
(2) Not later than October 24, 1995, the Secretary shall pre-
scribe regulations requiring the periodic inspection of each pipeline 
the operator of the pipeline identifies under section 60109 of this 
title. The regulations shall include any circumstances under which 
an inspection shall be conducted with an instrumented internal 
inspection device and, if the device is not required, use of an 
inspection method that is at least as effective as using the device 
in providing for the safety of the pipeline. 
(g) EFFECTIVE DATES.—^A standard prescribed under this section 
and section 60110 of this title is effective on the 30th day after 
the Secretary prescribes the standard. However, the Secretary for 
good cause may prescribe a different effective date when required 
because of the time reasonably necessary to comply with the stand-
ard. The different date must be specified in the regulation prescrib-
ing the standard. 
Regulations. 
(h) SAFETY CONDITION REPORTS.—(1) The Secretary shall pre-
scribe regulations requiring each operator of a pipeline facility 
(except a master meter) to submit to the Secretary a written report 
on any— 
(A) condition that is a hazard to life, property, or the 
environment; and 
(B) safety-related condition that causes or has caused a 
significant change or restriction in the operation of a pipeline 
facility. 
(2) The Secretary must receive the report not later than 5 
working days after a representative of a person to which this 
section applies first establishes that the condition exists. Notice 
of the condition shall be given concurrently to appropriate State 
authorities. 
(i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate 
carbon dioxide transported by a hazardous liquid pipeline facility. 
The Secretary shall prescribe regulations related to hazardous liq-
uid to ensure the safe transportation of carbon dioxide by such 
a facility. 
(j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than 
October 24, 1994, the Secretary shall survey and assess the 
effectiveness 
of emergency flow restricting devices (including 
remotely controlled valves and check valves) and other procedures, 
systems, and equipment used to detect and locate hazardous liquid 
f
)ipeline ruptures and minimize product releases from hazardous 
iquid pipeline facilities. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1307 
(2) Not later than 2 years after the survey and assessment 
Regulations, 
are completed, the Secretary shall prescribe regulations on the 
circumstances under which an operator of a hazardous liquid pipe-
line facility must use an emergency flow restricting device or other 
procedure, system, or equipment described in paragraph (1) of this 
subsection on the facility. 
(k) PROHIBITION AGAINST Low INTERNAL STRESS EXCEPTION.— 
The Secretary may not provide £in exception to this chapter for 
a hazardous liquid pipeline facility only because the facility operates 
at low internal stress. 
§60103. Standards for liqueHed natural gas pipeline facili-
ties 
(a) LOCATION STANDARDS.^The Secretary of Transportation 
shall prescribe minimum safety standards for deciding on the loca-
tion of a new liquefied natural gas pipeline facility. In prescribing 
a standard, the Secretary shall consider the— 
(1) kind and use of the facility; 
(2) existing and projected population and demographic 
characteristics of the location; 
(3) existing and proposed land use near the location; 
(4) natural physical aspects of the location; 
(5) medical, law enforcement, and fire prevention capabili-
ties near the location that can cope with a risk caused by 
the facility; and 
(6) need to encourage remote siting. 
(b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND 
TESTING STANDARDS.—^The Secretary of Transportation shall pre-
scribe minimum safety standards for designing, installing, con-
structing, initially inspecting, and initially testing a new liquefied 
natural gas pipeline facility. When prescribing a standard, the 
Secretary shall consider— 
(1) the characteristics of material to be used in constructing 
the facility and of alternative material; 
(2) design factors; 
(3) the characteristics of the liquefied natural gas to be 
stored or converted at, or tr£uisported by, the facility; and 
(4) the public safety factors of the design and of alternative 
designs, particularly the ability to prevent and contain a lique-
fied natural gas spill. 
(c) NONAPPLICATION.—(1) Except as provided in paragraph (2) 
of this subsection, a design, location, installation, construction, ini-
tial inspection, or initial testing standard prescribed under this 
chapter after March 1, 1978, does not apply to an existing liquefied 
natural gas pipeline facility if the standard is to be applied because 
of authority given— 
(A) under this chapter; or 
(B) under smother law, and the standard is not prescribed 
at the time the authority is applied. 
(2)(A) Any design, installation, construction, initial inspection, 
or initial testing standard prescribed under this chapter after March 
1, 1978, may provide that the standard applies to any part of 
a replacement component of a liquefied naturaJ gas pipeline facility 
if the component or part is placed in service after the standard 
is prescribed and application of the standard— 
(i) does not make the component or part incompatible with 
other components or parts; or 
108 STAT. 1308 
PUBLIC LAW 103-272—JULY 5, 1994 
(ii) is not impracticable otherwise. 
(B) Any location standard prescribed under this chapter after 
March 1, 1978, does not apply to any part of a replacement compo-
nent of an existing liquefied natural gas pipeline facility. 
(3) A design, installation, construction, initial inspection, or 
initial testing standard does not apply to a liquefied natural gas 
pipeline facility existing when the standard is adopted. 
(d) OPERATION AND MAINTENANCE STANDARDS.—The Secretary 
of Transportation shall prescribe minimum operating and mainte-
nance standards for a liquefied natural gas pipeline facility. In 
prescribing a standard, the Secretary shall consider— 
(1) the conditions, features, and type of equipment and 
structures that make up or are used in connection with the 
facility; 
(2) the fire prevention and containment equipment at the 
facility; 
(3) security measures to prevent an intentional act that 
could cause a liquefied natural gas accident; 
(4) maintenance procedures and equipment; 
(5) the training of personnel in matters specified by this 
subsection; and 
(6) other factors and conditions related to the safe handling 
of liquefied natural gas. 
(e) EFFECTIVE DATES.—^A standard prescribed under this section 
is effective on the 30th day after the Secretary of Transportation 
prescribes the standard. However, the Secretary for good cause 
may prescribe a different effective date when required because 
of the time reasonably necessary to comply with the standard. 
The different date must be specified in the regulation prescribing 
the standard. 
(f) CONTINGENCY PLANS.—^A new liquefied natural gas pipeline 
facility may be operated only after the operator submits an adequate 
contingency plan that states the action to be taken if a liquefied 
natural gas accident occurs. The Secretary of Energy or appropriate 
State or local authority shall decide if the plan is adequate. 
(g) EFFECT ON OTHER STANDARDS.—This section does not pre-
clude applying a standard prescribed under section 60102 of this 
title to a gas pipeline facility (except a liquefied natural gas pipeline 
facility) associated with a liquefied natural gas pipeline facility. 
§60104. Requirements and limitations 
(a) 
OPPORTUNITY TO PRESENT VIEWS.—The Secretary of 
-• Transportation shall give an interested person an opportunity to 
- make oral and written presentations of information, views, and 
arguments when prescribing a standard under this chapter. 
(b) NONAPPLICATION.—^A design, installation, construction, ini-
• tial inspection, or initial testing standard does not apply to a 
pipeline facility existing when the standard is adopted. 
(c) PREEMPTION.—^A State authority that has submitted a cur-
rent certification under section 60105(a) of this title may adopt 
additional or more stringent safety standards for intrastate pipeline 
facilities and intrastate pipeline transportation only if those stand-
ards are compatible with the minimum standards prescribed under 
this chapter. A State authority may not adopt or continue in force 
safety standards for interstate pipeline facilities or interstate pipe-
line transportation. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1309 
(d) CONSULTATION.—(1) When continuity of gas service is 
affected by prescribing a standard or waiving compliance with 
standards under this chapter, the Secretary of Transportation shall 
consult with and advise the Federal Energy Regulatory Commission 
or a State authority having jurisdiction over the affected gas pipe-
line facility before prescribing the standard or waiving compliance. 
The Secretary shall delay the effective date of the standard or 
waiver until the Commission or State authority has a reasonable 
opportunity to grant an authorization it considers necessary. 
(2) In a proceeding under section 3 or 7 of the Natural Gas 
Act (15 U.S.C. 717b or 717f), each applicant for authority to import 
natural gas or to establish, construct, operate, or extend a gas 
pipeline facility subject to an applicable safety standard shall certify 
that it will design, install, inspect, test, construct, operate, replace, 
and maintain a gas pipeline facility under those standards and 
plans for inspection and maintenance under section 60108 of this 
title. The certification is binding on the Secretary of Energy and 
the Commission except when an appropriate enforcement agency 
has given timely written notice to the Commission that the 
applicant has violated a standard prescribed under this chapter. 
(e) LOCATION AND ROUTING OF FACILITIES.—This chapter does 
not authorize the Secretary of Transportation to prescribe the loca-
tion or routing of a pipeline facility. 
§ 60105. State certiHcations 
(a) GENERAL REQUIREMENTS AND SUBMISSION.—Except as pro-
vided in this section and sections 60114 and 60121 of this title, 
the Secretary of Transportation may not prescribe or enforce safety 
standards and practices for an intrastate pipeline facility or intra-
state pipeline transportation to the extent that the safety standards 
and practices are regulated by a State authority (including a munici-
pality if the standards and practices apply to intrastate gas pipeline 
transportation) that submits to the Secretary annually a certifi-
cation for the facilities and transportation that complies with sub-
sections (b) and (c) of this section. 
(b) CONTENTS.—^Each certification submitted under subsection 
(a) of this section shall state that the State authority— 
(1) has regulatory jurisdiction over the standards and prac-
tices to which the certification applies; 
(2) has adopted, by the date of certification, each applicable 
standard prescribed under this chapter or, if a standard under 
this chapter was prescribed not later than 120 days before 
certification, is taking steps to adopt that standard; 
(3) is enforcing each adopted standard through ways that 
include inspections conducted by State employees meeting the 
qualifications 
the 
Secretary 
prescribes 
under 
section 
60107(d)(1)(C) of this title; 
(4) is encouraging and promoting programs designed to 
prevent damage by demolition, excavation, tunneling, or 
construction activitj^ to the pipeline facilities to which the cer-
tification applies; 
(5) may require record maintenance, reporting, and inspec-
tion substantially the same as provided under section 60117 
of this title; 
(6) may require that plans for inspection and maintenance 
under section 60108 (a) and (b) of this title be filed for approval; 
and 
108 STAT. 1310 
PUBLIC LAW 103-272—JULY 5, 1994 
(7) may enforce ssifety standards of the authority under 
a law of the State by injunctive relief and civil penalties 
substantially the same as provided under sections 60120 and 
60122(a)(1) and (b)-(f) of this title. 
(c) REPORTS.—(1) Each certification submitted under subsection 
(a) of this section shall include a report that contains— 
(A) the name and address of each person to whom the 
certification applies that is subject to the safety jurisdiction 
of the State authority; 
(B) each accident or incident reported during the prior 
12 months by that person involving a fatality, personal injury 
requiring hospitalization, or property damage or loss of more 
than an amount the Secretary establishes (even if the person 
sustaining the fatality, personal injury, or property damage 
or loss is not subject to the safety jurisdiction of the authority), 
any other accident the authority considers significant, and a 
summary of the investigation by the authority of the cause 
and circumstances surrounding the accident or incident; 
(C) the record maintenance, reporting, and inspection prac-
<
>
A s 
tices conducted by the authority to enforce compliance with 
safety standards prescribed under this chapter to which the 
certification applies, including the number of inspections of 
pipeline facilities the authority made during the prior 12 
months; and 
(D) any other information the Secretary requires. 
(2) TTie report included in the first certification submitted under 
subsection (a) of this section is only required to state information 
available at the time of certification. 
(d) APPLICATION.—A certification in effect under this section 
does not apply to safety standards prescribed under this chapter 
after the date of certification. This chapter applies to each applicable 
safety standard prescribed after the date of certification until the 
State authority adopts the standard and submits the appropriate 
certification to the Secretary under subsection (a) of this section. 
(e) MONITORING.—^The Secretary may monitor a safety program 
established under this section to ensure that the program complies 
with the certification. A State authority shall cooperate with the 
Secretary under this subsection. 
if) REJECTIONS OF CERTIFICATION.—If after receiving a certifi-
cation the Secretary decides the State authority is not enforcing 
satisfactorily compliance with applicable safety standards pre-
scribed under this chapter, the Secretary may reject the certifi-
cation, assert United States Government jurisdiction, or take other 
appropriate action to achieve adequate enforcement. The Secretary 
shall give the authority notice and an opportunity for a hearing 
before taking final action under this subsection. When notice is 
given, the burden of proof is on the authority to demonstrate that 
it is enforcing satisfactorily compliance with the prescribed stand-
ards. 
§60106. State agreements 
(a) GENERAL AUTHORITY.—If the Secretary of Transportation 
does not receive a certification under section 60105 of this title, 
the Secretary may make an agreement with a State authority 
(including a municipality if the agreement applies to intrastate 
gas pipeline transportation) authorizing it to take necessary action. 
Each agreement shall— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1311 
(1) establish an adequate program for record maintenance, 
reporting, and inspection designed to assist compliance with 
applicable safety standards prescribed under this chapter; and 
(2) prescribe procedures for approval of plans of inspection 
and maintenance substantially the same as required under 
section 60108 (a) and (b) of this title. 
(b) NOTIFICATION.—Each agreement shall require the State 
authority to notify the Secretary promptly of a violation or probable 
violation of an applicable safety standard discovered as a result 
of action taken in carrying out an agreement under this section. 
(c) MONITORING.—^The Secretary may monitor a safety program 
established under this section to ensure that the program complies 
with the agreement. A State authority shall cooperate with the 
Secretary under this subsection. 
(d) ENDING AGREEMENTS.—^The Secretary may end an agree-
ment made under this section when the Secretary finds that the 
State authority has not complied with any provision of the agree-
ment. The Secretary shall give the authority notice and an oppor-
tunity for a hearing before ending an agreement. The finding and 
decision to end the agreement shall be published in the Federal 
Register and may not become effective for at least 15 days after 
the date of publication. 
§60107. State grants 
(a) GENERAL AUTHORITY.—If a State authority files an applica-
tion not later than September 30 of a calendar year, the Secretary 
of Transportation shall pay not more than 50 percent of the cost 
of the personnel, equipment, and activities the authority reasonably 
requires during the next calendar year— 
(1) to carry out a safety program under a certification 
under section 60105 of this title or an agreement under section 
60106 ofthis title; or 
(2) to act as an agent of the Secretary on interstate gas 
pipeline facilities or interstate hazardous liquid pipeline facili-
ties. 
(b) PAYMENTS.—^After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment when 
the Secretary decides that the authority is not carrying out satisfac-
torily a sEifety program or not acting satisfactorily as an agent. 
The Secretary may pay an authority under this section only when 
the authority ensures the Secretary that it will provide the remain-
ing costs of a safety program and that the total State amount 
spent for a safety program (excluding grants of the United States 
Government) will at least equal the average amount spent— 
(1) for a gas safety program, for the fiscal years that 
ended June 30, 1967, and June 30, 1968; and 
(2) for a hazardous liquid safety program, for the fiscal 
years that ended September 30, 1978, and September 30, 1979. 
(c) APPORTIONMENT AND METHOD OF PAYMENT.—The Secretary 
shall apportion the amount appropriated to carry out this section 
among the States. A payment may be made under this section 
in installments, in advance, or on a reimbursable basis. 
(d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.—(1) The Sec-
retary may prescribe— 
(A) the form of, and way of filing, an application under 
this section; 
Federal 
Register, 
publication. 
Effective date. 
108 STAT. 1312 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) reporting and fiscal procedures the Secretary considers 
necessary to ensure the proper accounting of money of the 
Government; and 
(C) qualifications for a State to meet to receive a payment 
under this section, including qualifications for State employees 
who perform inspection activities under section 60105 or 60106 
of this title. 
(2) The qualifications prescribed under paragraph (1)(C) of this 
subsection may— 
(A) consider the experience and training of the employee; 
(B) order training or other requirements; and 
(C) provide for approval of qualifications on a conditional 
basis until specified requirements are met. 
§ 60108. Inspection and maintenance 
(a) PLANS.—(1) Each person transporting gas or hazardous 
liquid or owning or operating an intrastate gas pipeline facility 
or hazardous liquid pipeline facility shall carry out a current written 
plan (including any changes) for inspection and maintenance of 
each facility used in the transportation and owned or operated 
by the person. A copy of the plan shall be kept at any office 
of the person the Secretary of Transportation considers appropriate. 
The Secretary also may require a person transporting gas or hazard-
ous liquid or owning or operating a pipeline facility subject to 
this chapter to file a plan for inspection and maintenance for 
approval. 
(2) If the Secretary or a State authority responsible for enforcing 
standards prescribed under this chapter decides that a plan 
required under paragraph (1) of this subsection is inadequate for 
safe operation, the Secretary or authority shall require the person 
to revise the plan. Revision may be required only after giving 
notice and an opportunity for a hearing. A plan required under 
paragraph (1) must be practicable and designed to meet the need 
for pipeline safety and must include terms designed to enhance 
the ability to discover safety-related conditions described in section 
60102(h)(1) of this title. In deciding on the adequacy of a plan, 
the Secretary or authority shall consider— 
(A) relevant available pipeline safety information; 
(B) the appropriateness of the plan for the particular kind 
of pipeline transportation or facility; 
(C) the reasonableness of the plan; and 
(D) the extent to which the plan will contribute to public 
safety and the protection of the environment. 
(3) A plan required under this subsection shall be made avail-
able to the Secretary or State authority on request under section 
60117 of this title. 
(b) INSPECTION AND TESTING.—(1) The Secretary shall inspect 
and require appropriate testing of a pipeline facility subject to 
this chapter that is not covered by a certification under section 
60105 of this title or an agreement under section 60106 of this 
title. The Secretary shall decide on the frequency and type of 
inspection and testing under this subsection on a case-by-case basis 
after considering the following: 
(A) the location of the pipeline facility. 
(B) the type, size, age, manufacturer, method of construc-
tion, and condition of the pipeline facility. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1313 
(C) the nature and volume of materisd transported through 
the pipeline facility. 
(D) the pressure at which that material is transported, 
(E) climatic, geologic, and seismic characteristics (including 
soil characteristics) and conditions of the area in which the 
pipeline facility is located. 
(F) existing and projected population and demographic 
characteristics of the area in which the pipeline facility is 
located. 
(G) for a hazardous liquid pipeline facility, the proximity 
of the area in which the facility is located to an area that 
is unusually sensitive to environmental damage. 
(H) the frequency of leaks. 
(I) other factors the Secretary decides are relevant to the 
safety of pipeline facilities. 
(2) To the extent and in amounts provided in advance in an 
appropriation law, the Secretary shall decide on the frequency 
of inspection under paragraph (1) of this subsection. However, an 
inspection must occur at least once every 2 years. The Secretary 
may reduce the frequency of an inspection of a master meter system. 
(3) Testing under this subsection shall use the most appropriate 
technology practicable. 
(c) 
PIPELINE 
FACILITIES 
OFFSHORE 
AND 
IN 
NAVIGABLE 
WATERS.—(Din this subsection— 
(A) "abandoned" means permanently removed from service. 
(B) "pipeline facility" includes an underwater abandoned 
pipeline facility. 
(C) if a pipeline facility has no operator, the most recent 
operator of the facility is deemed to be the operator of the 
facility. 
(2)(A) Not later than May 16, 1993, on the basis of experience 
with the inspections under section 3(h)(1)(A) of the Natural Gas 
Pipeline Safety Act of 1968 or section 203(Z )(1)(A) of the Hazardous 
Liquid Pipeline Safety Act of 1979, as appropriate, and any other 
information available to the Secretary, the Secretary shall establish 
a mandatory, systematic, and, where appropriate, periodic inspec-
tion program of— 
(i) all offshore pipeline facilities; and 
(ii) any other pipeline facility crossing under, over, or 
through navigable waters (as defined by the Secretary) if the 
Secretary decides that the location of the facility in those navi-
gable waters could pose a hazard to navigation or public safety. 
(B) In prescribing regulations to carry out subparagraph (A) 
of this paragraph— 
(i) the Secretary shall identify what is a hazard to naviga-
tion with respect to an underwater abandoned pipeline facility; 
and 
(ii) for an underwater pipeline facility abandoned after 
October 24, 1992, the Secretary shall include requirements 
that will lessen the potential that the facility will pose a hazard 
to navigation and shall consider the relationship between water 
depth and navigational safety and factors relevant to the local 
marine environment. 
(3)(A) The Secretarj^ shall establish by regulation a program 
Regulations, 
requiring an operator of a pipeline facility described in paragraph 
(2) of this subsection to report a potential or existing navigational 
108 STAT. 1314 
PUBLIC LAW 103-272—JULY 5, 1994 
hazard involving that pipeline facility to the Secretary through 
the appropriate Coast Guard office. 
(B) The operator of a pipeline facility described in paragraph 
(2) of this subsection that discovers any part of the pipeline facility 
that is a hazard to navigation shall mark the location of the hazard-
ous part with a Coast-Guard-approved marine buoy or marker 
and immediately shall notify the Secretary as provided by the 
Secretary under subparagraph (A) of this param-aph. A marine 
buoy or marker used under this subparagraph is deemed a pipeline 
sign or right-of-way marker under section 60123(c) of this title. 
Regulations. 
(4)(A) The Secretary shall require by regulation that each pipe-
line facility described in paragraph (2) of this subsection that is 
a hazard to navigation is buried not later than 6 months after 
the date the condition of the facility is reported to the Secretary. 
The Secretary may extend that 6-month period for a reasonable 
period to ensure compliance with this paragraph. 
(B) In prescribing regulations for subparagraph (A) of this 
paragraph for an underwater pipeline facility abandoned after Octo-
ber 24, 1992, the Secretary shall include requirements that will 
lessen the potential that the facility will pose a hazard to navigation 
and shall consider the relationship between water depth and naviga-
tional safety and factors relevant to the local marine environment. 
(5)(A) Not later than October 24, 1994, the Secretary shall 
establish standards on what is an exposed offshore pipeline facility 
and what is a hazard to navigation under this subsection. 
(B) Not later than 6 months after the Secretary establishes 
standards under subparagraph (A) of this paragraph, or October 
24, 1995, whichever occurs first, the operator of each offshore pipe-
line facility not described in section 3(h)(1)(A) of the Natural Gas 
Pipeline Safety Act of 1968 or section 203(n(l)(A) of the Hazardous 
Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect 
the facility and report to the Secretary on any part of the facility 
that is exposed or is a hazard to navigation. This subparagraph 
applies only to a facility that is between the high water mark 
and the point at which the subsurface is under 15 feet of water, 
as measured from mean low water. An inspection that occurred 
after October 3, 1989, may be used for compliance with this subpara-
graph if the inspection conforms to the requirements of this 
subparagraph. 
(C) The Secretary may extend the time period specified in 
subparagraph (B) of this paragraph for not more than 6 months 
if the operator of a facility satisfies the Secretary that the operator 
has made a good faith effort, with reasonable diligence, but has 
been unable to comply by the end of that period. 
(6)(A) The operator of a pipeline facility abandoned after Octo-
ber 24, 1992, shall report the abandonment to the Secretary in 
a way that specifies whether the facility has been abandoned prop-
erly according to applicable United States Government and State 
requirements. 
(B) Not later than October 24, 1995, the operator of a pipeline 
facility abandoned before October 24, 1992, shall report to the 
Secretary reasonably available information related to the facility, 
including information that a third party possesses. The information 
shall include the location, size, date, and method of abandonment, 
whether the facility has been abandoned properly under applicable 
law, and other relevant information the Secretary may require. 
Not later than April 24, 1994, the Secretary shall specify how 
PUBLIC LAW 103-272^JULY 5, 1994 
108 STAT. 1315 
the information shall be reported. The Secretary shall ensure that 
the Government maintains the information in a way accessible 
to appropriate Government agencies and State authorities. 
(C) The Secretary shall request that a State authority having 
information on a collision between a vessel and an underwater 
pipeline facility report the information to the Secretary in a timely 
way and make a reasonable effort to specify the location, date, 
and severity of the collision. Chapter 35 of title 44 does not apply 
to this subparagraph. 
(7) The Secretary may not exempt from this chapter an offshore 
hazardous liquid pipeline facility only because the pipeline facility 
transfers hazardous liquid in an underwater pipeline between a 
vessel and an onshore facility. 
(d) REPLACING CAST IRON GAS PIPELINES.—<1) The Secretary 
shall publish a notice on the availability of industry guidelines, 
developed by the Gas Piping Technology Committee, for replacing 
cast iron pipelines. Not later than 2 years after the guidelines 
become avsiilable, the Secretary shall conduct a survey of gas pipe-
line operators with cast iron pipe in their systems to establish— 
(A) the extent to which each operator has adopted a plan 
for the s£ife management and replacement of cast iron; 
(B) the elements of the plan, including the anticipated 
rate of replacement; and 
(C) the progress that has been made. 
(2) Chapter 35 of title 44 does not apply to the conduct of 
the survey. 
(3) This subsection does not prevent the Secretary from develop-
ing Government guidelines or regulations for cast iron gas pipelines 
as the Secretary considers appropriate. 
§60109. High-density population areas and environmentally 
sensitive areas 
(a) IDENTIFICATION REQUIREMENTS.—Not later than October 
24, 1994, the Secretary of Transportation shall prescribe regulations 
that— 
(1) establish criteria for identifying— 
(A) by operators of gas pipeline facilities, each gas 
pipeline facility (except a natural gas distribution line) 
located in a high-density population area; and 
(B) by operators of hazardous liquid pipeline facilities 
and gathering lines— 
(i) each hazardous liquid pipeline facility, whether 
otherwise subject to this chapter, that crosses a navi-
gable waterway (as the Secretary defines by regulation) 
or that is located in an area described in the criteria 
as a high-density population area; and 
(ii) each hazardous liquid pipeline facility and 
gathering line, whether otherwise subject to this chap-
ter, located in an area that the Secretary, in consulta-
tion with the Administrator of the Environmental 
Protection Agency, describes as unusually sensitive to 
environmental damage if there is a hazardous liquid 
pipeline accident; £md 
(2) provide that the identification be carried out through 
the inventory required under section 60102(c) of this title. 
(b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When 
describing an area that is unusually sensitive to environmental 
Publication. 
Regulations. 
108 STAT. 1316 
PUBLIC LAW 103-272—JULY 5, 1994 
damage if there is a hazardous liquid pipeline accident, the Sec-
retary shall consider including— 
(1) earthquake zones and areas subject to landslides and 
other substantial ground movements; 
(2) areas of likely ground water contamination if a hazard-
ous liquid pipeline facility ruptures; 
(3) freshwater lakes, rivers, and waterways; and 
(4) river deltas and other areas subject to soil erosion 
or subsidence from flooding or other water action where a 
hazardous liquid pipeline facihty is likely to become exposed 
or undermined. 
§60110. Excess flow valves 
(a) APPLICATION.—^This section applies only to— 
(1) a natural gas distribution system installed after the 
effective date of regulations prescribed under this section; and 
(2) any other natural gas distribution system when repair 
to the system requires replacing a part to accommodate install-
ing excess flow valves. 
Regulations. 
(b) INSTALLATION REQUIREMENTS AND CONSIDERATIONS.—Not 
later than April 24, 1994, the Secretary of Trsinsportation shall 
prescribe regulations on the circumstances under which an operator 
of a natural gas distribution system must install excess flow valves 
in the system. The Secretary shall consider— 
(1) the system design pressure; 
(2) the system operating pressure; 
(3) the types of customers to which the distribution system 
supplies gas, including hospitals, schools, and commercial enter-
prises; 
(4) the technical feasibility and cost of installing the valve; 
(5) the public safety benefits of installing the valve; 
(6) the location of customer meters; and 
(7) other factors the Secretary considers relevant. 
Regulations. 
(c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October 
24, 1994, the Secretary shall prescribe regulations requiring an 
operator of a natural gas distribution system to notify in writing 
its customers having lines in which excess flow valves are not 
required by law but can be installed according to the standards 
prescribed under subsection (e) of this section, of— 
(A) the availability of excess flow valves for installation 
in the system; 
(B) safety benefits to be derived from installation; and 
(C) costs associated with installation. 
(2) The regulations shall provide that, except when installation 
is required under subsection (b) of this section, excess flow valves 
shall be installed at the request of the customer if the customer 
will pay all costs associated with installation. 
(d) REPORT.—If the Secretary decides under subsection (b) of 
this section that there are no circumstances under which an opera-
tor must install excess flow valves, the Secretary shall submit 
to Congress a report on the reasons for the decision not later 
than 30 days after the decision is made. 
(e) PERFORMANCE STANDARDS.—Not later than April 24, 1994, 
the Secretary shall develop standards for the performance of excess 
flow valves used to protect lines in a natural gas distribution 
Regulations. 
system. The standards shall be incorporated into regulations the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1317 
Secretary prescribes under this section. All excess flow valves shall 
be installed according to the standards. 
§60111. Financial responsibility for liqueHed natural gas 
facilities 
(a) NOTICE,—^When the Secretary of Transportation believes 
that an operator of a liquefied natural gas facility does not have 
adequate financial responsibility for the facility, the Secretary may 
issue a notice to the operator about the inadequacy and the amount 
of financial responsibility the Secretary considers adequate. 
(b) HEARINGS.—^An operator receiving a notice under subsection 
(a) of this section may have a hearing on the record not later 
than 30 days after receiving the notice. The operator may show 
why the Secretary should not issue an order requiring the operator 
to demonstrate and maintain financial responsibility in at least 
the amount the Secretary considers adequate. 
(c) ORDERS.—^After an opportunity for a hearing on the record, 
the Secretary may issue the order if the Secretary decides it is 
justified in the public interest. 
§60112. Pipeline facilities hazardous to life and property 
(a) GENERAL AUTHORITY.—^After notice and an opportunity for 
a hearing, the Secretary of Transportation may decide a pipeline 
facility is hazardous if the Secretary decides the facility is— 
(1) hazardous to life, property, or the environment; or 
(2) constructed or operated, or a component of the facility 
is constructed or operated, with equipment, material, or a tech-
nique the Secretary decides is hazardous to life, property, or 
the environment. 
(b) CONSIDERATIONS.—In making a decision under subsection 
(a) of this section, the Secretary shall consider, if relevant— 
(1) the characteristics of the pipe and other equipment 
used in the pipeline facility, including the age, manufacture, 
physical properties, and method of manufacturing, constructing, 
or assembling the equipment; 
(2) the nature of the material the pipeline facility trans-
ports, the corrosive i=ind deteriorative qualities of the material, 
the sequence in which the material are transported, and the 
pressure required for trsinsporting the material; 
(3) the aspects of the area in which the pipeline facility 
is located, including climatic and geologic conditions and soil 
characteristics; 
(4) the proximity of the area in which the hazardous liquid 
pipeline facility is located to environmentally sensitive areas; 
(5) the population density and population and growth pat-
terns of the area in which the pipeline facility is located; 
(6) any recommendation of the National Transportation 
Safety Board made under another law; and 
(7) other factors the Secretary considers appropriate. 
(c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall 
provide, to any appropriate official of a State in which a pipeline 
facility is located and about which a proceeding has begun under 
this section, notice and an opportunity to comment on an agreement 
the Secretary proposes to msike to resolve the proceeding. State 
comment shall incorporate comments of affected local officials. 
(d) CORRECTIVE ACTION ORDERS.—If the Secretary decides 
under subsection (a) of this section that a pipeline facility is hazard-
108 STAT. 1318 
PUBLIC LAW 103-272—JULY 5, 1994 
ous, the Secretary shall order the operator of the facility to take 
necessary corrective action. 
(e) WAIVER OF NOTICE AND HEARING IN EMERGENCY.—The Sec-
retary may waive the requirements for notice and an opportunity 
for a hearing under this section and issue expeditiously an order 
under this section if the Secretary decides failure to issue the 
order expeditiously will result in likely serious harm to life, prop-
erty, or the environment. An order under this subsection shall 
provide an opportunity for a hearing as soon as practicable after 
the order is issued. 
§60113. Customer-owned natural gas service lines 
Regulations. 
(a) MAINTENANCE INFORMATION.—Not later than October 24, 
1993, the Secretary of Trsinsportation shall prescribe regulations 
requiring an operator of a natural gas distribution pipeline that 
does not maintain customer-owned natural gas service lines up 
to building walls to advise its customers of— 
(1) the requirements for maintaining those lines; 
(2) any resources known to the operator that could assist 
customers in carrying out the maintenance; 
(3) information the operator has on operating and maintain-
r 
ing its lines that could assist customers; and 
(4) the potential hazards of not maintaining the lines. 
(b) ACTIONS To PROMOTE SAFETY.—Not later than one year 
after submitting the report required under section 115(b) of the 
Pipeline Safety Act of 1992 (Public Law 102-508, 106 Stat. 3296), 
the Secretary, considering the report and in cooperation and 
coordination with appropriate State and local authorities, shall 
take appropriate action to promote the adoption of measures to 
improve the safety of customer-owned natural gas service lines. 
§60114. One-call notification systems 
Regulations. 
(a) MINIMUM REQUIREMENTS.—^The Secretary of Transportation 
shall prescribe regulations providing minimum requirements for 
establishing and operating a one-call notification system for a State 
to adopt that will notify an operator of a pipeline facility of activity 
in the vicinity of the facility that could threaten the safety of 
the facility. The regulations shall include the following: 
(1) a requirement that the system apply to all areas of 
the State containing underground pipeline facilities. 
(2) a requirement that a person intending to engage in 
an activity the Secretary decides could cause physical damage 
to an underground facility must contact the appropriate system 
to establish if there are underground facilities present in the 
area of the intended activity. 
(3) a requirement that all operators of underground pipeline 
facilities participate in an appropriate one-call notification sys-
tem. 
(4) qualifications for an operator of a facility, a private 
contractor, or a State or local authority to operate a system. 
(5) procedures for advertisement and notice of the availabil-
ity of a system. 
(6) a requirement about the information to be provided 
by a person contacting the system under clause (2) of this 
subsection. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1319 
(7) a requirement for the response of the operator of the 
system and of the facility after they are contacted by an individ-
ual under this subsection. 
(8) a requirement that each State decide whether the sys-
tem will be toll free. 
(9) a requirement for sanctions substantially the same as 
provided under sections 60120, 60122, and 60123 of this title. 
(b) GRANTS.—^The Secretary may make a grant to a State 
under this section to develop and establish a one-call notification 
system consistent with subsection (a) of this section. 
(c) MARKING FACILITIES.—On notification by an operator of 
a damage prevention program or by a person planning to carry 
out demolition, excavation, tunneling, or construction in the vicinity 
of a pipeline facility, the operator of the facility shall mark 
accurately, in a reasonable and timely way, the location of the 
pipeline facilities in the vicinity of the demolition, excavation, 
tunneling, or construction. 
(d) APPORTIONMENT.—^When apportioning the amount appro-
priated to carry out section 60107 of this title among the States, 
the Secretary— 
(1) shall consider whether a State has adopted or is seeking 
adoption of a one-call notification system under this section; 
and 
(2) shall withhold part of a payment under section 60107 
of this title when the Secretary decides a State has not adopted, 
or is not seeking adoption of, a one-call notification system. 
(e) RELATIONSHIP TO OTHER LAWS.—This section and regula-
tions prescribed under this section do not affect the liability estab-
lished under a law of the United States or a State for damage 
caused by an activity described in subsection (a)(2) of this section. 
§ 60115. Technical safety standards committees 
(a) ORGANIZATION.—The Technical Pipeline Safety Standards 
Committee and the Technical Hazardous Liquid Pipeline Safety 
Standards Committee are committees in the Department of 
Transportation. 
(b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipe-
line Safety Standards Committee is composed of 15 members 
appointed by the Secretary of Transportation Eifter consulting with 
public and private agencies concerned with the technical aspect 
of transporting gas or operating a gas pipeline facility. Each member 
must be experienced in the safety regulation of transporting gas 
£ind of gas pipeline facilities or technically qualified, by training, 
experience, or knowledge in at least one field of engineering 
applicable to transporting gas or operating a gas pipeline facility, 
to evaluate gas pipeline safety standards. 
(2) The Technical Hazardous Liquid Pipeline Safety Standards 
Committee is composed of 15 members appointed by the Secretary 
after consulting with public and private agencies concerned with 
the technical aspect of transporting hazardous liquid or operating 
a hazardous liquid pipeline facility. Each member must be experi-
enced in the ssifety regulation of transporting hazardous liquid 
and of hazardous liquid pipeline facilities or technically qualified, 
by training, experience, or knowledge in at least one field of 
engineering applicable to transporting hazardous liquid or operating 
a hazardous liquid pipeline facility, to evaluate hazardous liquid 
pipeline safety standards. 
108 STAT. 1320 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) The members of each committee are appointed as follows: 
(A) 5 individuals selected from departments, agencies, and 
instrumentalities of the United States Government and of the 
States. 
(B) 4 individuals selected from the natural gas or hazardous 
liquid industry, as appropriate, after consulting with industry 
representatives. 
(C) 6 individuals selected from the general public. 
(4)(A) Two of the individuals selected for each committee under 
paragraph (3)(A) of this subsection must be State commissioners. 
The Secretary shall consult with the national organization of State 
commissions (referred to in section 10344(f) of this title) before 
selecting those 2 individuals. 
(B) At least 3 of the individuals selected for each committee 
under paragraph (3)(B) of this subsection must be currently in 
the active operation of natural gas pipelines or hazardous liquid 
pipeline facilities, as appropriate. 
(C) Two of the individuals selected for each committee under 
paragraph (3)(C) of this subsection must have education, back-
ground, or experience in environmental protection or public safety. 
At least one individual selected for each committee under paragraph 
(3)(C) may not have a financial interest in the pipeline, petroleum, 
or natural gas industries. 
(c) COMMITTEE REPORTS ON PROPOSED STANDARDS.—(1) The 
Secretary shall give to— 
(A) the Technical Pipeline Safety Standards Committee 
each standard proposed under this chapter for transporting 
gas and for gas pipeline facilities; and 
(B) the Technical Hazardous Liquid Pipeline Safety Stand-
ards Committee each standard proposed under this chapter 
for transporting hazardous liquid and for hazardous liquid pipe-
line facilities. 
Reports- 
(2) Not later than 90 days after receiving the proposed standard, 
the appropriate committee shall prepare a report on the technical 
feasibility, reasonableness, and practicability of the proposed stand-
Publication, 
ard. The Secretary shall publish each report, including minority 
views. The report if timely made is part of the proceeding for 
prescribing the standard. The Secretary is not bound by the conclu-
sions of the committee. However, if the Secretary rejects the conclu-
sions of the committee, the Secretary shall publish the reasons. 
(3) The Secretary may prescribe a standard after the end of 
the 90-day period. 
(d) PROPOSED COMMITTEE STANDARDS AND POLICY DEVELOP-
MENT 
RECOMMENDATIONS.—(1) 
The Technical 
Pipeline 
Safety 
Standards Committee may propose to the Secretary a safety stand-
ard for transporting gas and for gas pipeline facilities. The Technical 
Hazardous Liquid Pipeline Safety Standards Committee may pro-
pose to the Secretary a SEifety standard for transporting hazardous 
liquid and for hazardous liquid pipeline facilities. 
(2) If requested by the Secretary, a committee shall make 
policy development recommendations to the Secretary. 
(e) MEETINGS.—Each committee shall meet with the Secretary 
at least twice annually. Each committee proceeding shall be 
recorded. The record of the proceeding shall be available to the 
public. 
(f) PAY AND EXPENSES.—^The Secretary may establish the pay 
for each member of a committee for each day (including travel 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1321 
time) when performing duties of the committee. However, a member 
may not be paid more than the daily equivalent of the maximum 
annual rate of basic pay payable under section 5376 of title 5. 
A member is entitled to expenses under section 5703 of title 5. 
A payment under this subsection does not make a member an 
officer or employee of the Grovemment. This subsection does not 
apply to members regularly employed by the Government. 
§60116. Public education programs 
Regulations. 
Under regulations the Secretary of Transportation prescribes, 
each person transporting gas shall carry out a program to educate 
the public on the possible hazards associated with gas leaks and 
the importance of reporting gas odors and leaks to the appropriate 
authority. The Secretary may develop material suitable for use 
in the program. 
§60117. Administrative 
(a) GENERAL AUTHORITY.—^To carry out this chapter, the Sec-
retary of Transportation may conduct investigations, make reports, 
issue subpenas, conduct hearings, require the production of records, 
take depositions, and conduct research, testing, development, dem-
onstration, and training activities. The Secretary may not charge 
a tuition-type fee for training State or local government personnel 
in the enforcement of regulations prescribed under this chapter. 
(b) RECORDS, REPORTS, AND INFORMATION.—TO enable the Sec-
retary to decide whether a person transporting gas or hazardous 
liquid or operating a pipeline facility is compl5ring with this chapter 
and standards prescribed or orders issued under this chapter, the 
person shall— 
(1) maintain records, make reports, and provide informa-
tion the Secretary requires; and 
(2) make the records, reports, and information available 
when the Secretary requests. 
(c) ENTRY AND INSPECTION.—^An officer, employee, or agent 
of the Department of Transportation designated by the Secretary, 
on display of proper credentials to the individual in charge, may 
enter premises to inspect the records and property of a person 
at a reasonable time and in a reasonable way to decide whether 
a person is compl5dng with this chapter and standards prescribed 
or orders issued under this chapter. 
(d) CONFIDENTIALITY OF INFORMATION.—Information related to 
a confidential matter referred to in section 1905 of title 18 that 
is obtained by the Secretary or an officer, employee, or agent in 
carrying out this section may be disclosed only to another officer 
or employee concerned with carrying out this chapter or in a 
proceeding under this chapter. 
(e) USE OF ACCIDENT REPORTS.—(1) Each accident report made 
by an officer, employee, or agent of the Department may be used 
in a judicial proceeding resulting from the accident. The officer, 
employee, or agent may be required to testify in the proceeding 
about the facts developed in investigating the accident. The report 
shall be made available to the public in a way that does not 
identify an individual. 
(2) Each report related to research and demonstration projects 
and related activities is public information. 
(f) TESTING FACILITIES INVOLVED IN ACCIDENTS.—The Secretary 
may require testing of a part of a pipeline facility subject to this 
108 STAT. 1322 
PUBLIC LAW 103-272—JULY 5, 1994 
chapter that has been involved in or affected by an accident only 
after— 
(1) notifying the appropriate State ofticial in the State 
in which the facility is located; and 
(2) attempting to negotiate a mutually acceptable plan 
for testing with the owner of the facility and, when the Sec-
retary considers appropriate, the National Transportation 
Safety Board. 
(g) PROVIDING SAFETY INFORMATION.—On request, the Sec-
retary shall provide the Federal Energy Regulatory Commission 
or appropriate State authority with information the Secretary has 
on the safety of material, operations, devices, or processes related 
to pipeline transportation or operating a pipeline facility. 
(h) COOPERATION.—The Secretary m a y -
CD advise, assist, and cooperate with other departments, 
agencies, and instrumentalities of the United States Govern-
ment, the States, and public and private agencies and persons 
in planning and developing safety standards and ways to 
inspect and test to decide whether those standards have been 
complied with; 
(2) consult with and make recommendations to other 
departments, agencies, and instrumentalities of the Govern-
ment, State and local governments, and public and private 
agencies and persons to develop and encourage activities, 
including the enactment of legislation, that will assist in carry-
ing out tnis chapter and improve State and local pipeline safety 
programs; and 
(3) participate in a proceeding involving safety require-
ments related to a liquefied natural gas facility before the 
Commission or a State authority. 
(i) PROMOTING COORDINATION.—After consulting with appro-
priate State officials, the Secretary shall establish procedures to 
promote more effective coordination between departments, agencies, 
and instrumentalities of the Grovemment and State authorities 
with regulatory authority over pipeline facilities about responses 
to a pipeline accident. 
0) WITHHOLDING INFORMATION FROM CONGRESS.—This section 
does not authorize information to be withheld from a committee 
of Congress authorized to have the information. 
§60118. Compliance and waivers 
(a) GENERAL REQUIREMENTS.—^A person transporting gas or 
hazardous liquid or owning or operating a pipeline facility shall— 
(1) comply with applicable safety standards prescribed 
under this chapter, except as provided in this section; 
(2) prepare and carry out a plan for inspection and mainte-
nance required under section 60108(a) and (b) of this title; 
and 
(3) allow access to or copying of records, make reports 
and provide information, and allow entry or inspection required 
under section 60117(a)-(d) of this title. 
(b) COMPLIANCE ORDERS.—The Secretary of Transportation may 
issue orders directing compliance with this chapter or a regulation 
prescribed under this chapter. An order shall state clearly the 
action a person must take to comply. 
(c) WAIVERS BY SECRETARY.—On application of a person 
transporting gas or hazardous liquid or operating a pipeline facility, 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1323 
the Secretary by order may waive compliance with any part of 
an applicable standard prescribed under this chapter on terms 
the Secretary considers appropriate, if the waiver is not inconsistent 
with pipeline safety. The Secretary shall state the reasons for 
granting a waiver under this subsection. The Secretary may act 
on a waiver only after notice and an opportunity for a hearing. 
(d) WAIVERS BY STATE AUTHORITIES.—If a certification under 
section 60105 of this title or an agreement under section 60106 
of this title is in effect, the State authority may waive compliance 
with a safety standard to which the certification or agreement 
applies in the same way £ind to the same extent the Secretary 
may waive compliance under subsection (c) of this section. However, 
the authority must give the Secretary written notice of the waiver 
at least 60 days before its effective date. If the Secretary makes 
a written objection before the effective date of the waiver, the 
waiver is stayed. After notifying the authority of the objection, 
the Secret£iry shall provide a prompt opportunity for a hearing. 
The Secretary shall make the final decision on granting the waiver. 
§60119. Judicial review 
(a) REVIEW OF REGULyVTiONS AND WAIVER ORDERS.—<1) Except 
as provided in subsection (b) of this section, a person adversely 
affected by a regulation prescribed under this chapter or an order 
issued about an application for a waiver under section 60118(c) 
or (d) of this title may apply for review of the regulation or order 
by filing a petition for review in the United States Court of Appeals 
for the District of Columbia Circuit or in the court of appeals 
of the United States for the circuit in which the person resides 
or has its principal place of business. The petition must be filed 
not later than 89 days after the regulation is prescribed or order 
is issued. The clerk of the court immediately shall send a copy 
of the petition to the Secretary of Transportation. 
(2) A judgment of a court under paragraph (1) of this subsection 
may be reviewed only by the Supreme Court under section 1254 
of title 28. A remedy under paragraph (1) is in addition to any 
other remedies provided by law. 
(b) REVIEW OF FINANCIAL RESPONSIBILITY ORDERS.—(1) A per-
son adversely affected by an order issued under section 60111 
of this title may apply for review of the order by filing a petition 
for review in the appropriate court of appeals of the United States. 
The petition must be filed not later than 60 days after the order 
is issued. Findings of fact the Secretary makes are conclusive if 
supported by substantial evidence. 
(2) A judgment of a court under paragraph (1) of this subsection 
may be reviewed only by the Supreme Court under section 1254(1) 
of title 28. 
§60120. Enforcement 
(a) CIVIL ACTIONS.—(1) On the request of the Secretary of 
Transportation, the Attorney General may bring a civil action in 
an appropriate district court of the United States to enforce this 
chapter or a regulation prescribed or order issued under this chap-
ter. The court may award appropriate relief, including punitive 
damages. 
(2) At the request of the Secretary, the Attorney General may 
bring a civil action in a district court of the United States to 
require a person to comply immediately with a subpena or to 
108 STAT. 1324 
PUBLIC LAW 103-272—JULY 5, 1994 
allow an officer, employee, or agent authorized by the Secretary 
to enter the premises, and inspect the records and property, of 
the person to decide whether the person is complying with this 
chapter. The action may be brought in the judicial district in which 
the defendant resides, is found, or does business. The court may 
punish a failure to obey the order as a contempt of court. 
(b) JURY TRIAL DEMAND.—In a trial for criminal contempt 
for violating an injunction issued under this section, the violation 
of which is also a violation of this chapter, the defendant may 
demand a jury trial. The defendant shall be tried as provided 
in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. 
U.S.C). 
(c) EFFECT ON TORT LIABILITY.—This chapter does not affect 
the tort liability of any person. 
§60121. Actions by private persons 
(a) GENERAL AUTHORITY.—(1) A person may bring a civil action 
in an appropriate district court of the United States for an injunc-
tion against another person (including the United States Govern-
ment and other governmental authorities to the extent permitted 
under the 11th amendment to the Constitution) for a violation 
of this chapter or a regulation prescribed or order issued under 
this chapter. However, the person— 
(A) may bring the action only after 60 days after the 
person has given notice of the violation to the Secretary of 
Transportation or to the appropriate State authority (when 
the violation is alleged to have occurred in a State certified 
under section 60105 of this title) and to the person alleged 
to have committed the violation; 
(B) may not bring the action if the Secretary or authority 
has begun and diligently is pursuing an administrative proceed-
ing for the violation; and 
(C) may not bring the action if the Attorney General of 
the United States, or the chief law enforcement officer of a 
State, has begun and diligently is pursuing a judicial proceeding 
for the violation. 
(2) The Secretary shall prescribe the way in which notice is 
given under this subsection. 
(3) The Secretary, with the approval of the Attorney General, 
or the Attorney General may intervene in an action under para-
graph (1) of this subsection. 
(b) COSTS AND FEES,—^The court may award costs, reasonable 
expert witness fees, and a reasonable attorney's fee to a prevailing 
plaintiff in a civil action under this section. The court may award 
costs to a prevailing defendant when the action is unreasonable, 
frivolous, or meritless. In this subsection, a reasonable attorney's 
fee is a fee— 
(1) based on the actual time spent and the reasonable 
expenses of the attorney for legal services provided to a person 
under this section; and 
(2) computed at the rate prevailing for providing similar 
services for actions brought in the court awarding the fee. 
(c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In 
this section, a violation of a safety standard or practice of a State 
is deemed to be a violation of this chapter or a regulation prescribed 
or order issued under this chapter only to the extent the standard 
PUBLIC LAW 103-272—JULY 5,1994 
108 STAT. 1325 
or practice is not more stringent than a comparable minimum 
safety standard prescribed under this chapter. 
(d) ADDITIONAL REMEDIES.—A remedy under this section is 
in addition to any other remedies provided by law. This section 
does not restrict a right to relief that a person or a class of 
persons may have under another law or at common law. 
§60122. Civil penalties 
(a) GENERAL PENALTIES.—(1) A person that the Secretary of 
Transportation decides, after written notice and an opportunity 
for a hearing, has violated section 60114(c) or 60118(a) of this 
title or a r e l a t i o n prescribed or order issued under this chapter 
is liable to the United States Grovemment for a civil penalty of 
not more than $25,000 for each violation. A separate violation 
occurs for each day the violation continues. The maximum civil 
penalty under this paragraph for a related series of violations 
is $500,000. 
(2) A person violating a standard or order under section 60103 
or 60111 of this title is liable to the Government for a civil penalty 
of not more than $50,000 for each violation. A penalty under this 
paragraph may be imposed in addition to penalties imposed under 
paragraph (1) of this subsection. 
(b) PENALTY CONSIDERATIONS.—In determining the amount of 
a civil penalty under this section, the Secretary shall consider— 
(1) the nature, circumstances, and gravity of the violation; 
(2) with respect to the violator, the degree of culpability, 
any history of prior violations, the ability to pay, and any 
effect on ability to continue doing business; 
(3) good faith in attempting to comply; and 
• 
(4) other matters that justice requires. 
(c) COLLECTION AND COMPROMISE.—(1) The Secretary 
may 
request the Attorney General to bring a civil action in an appro-
priate district court of the United States to collect a civil penalty 
imposed under this section. 
(2) The Secretary may compromise the amount of a civilpenalty 
imposed under this section before referral to the Attorney General. 
\ 
(d) SETOFF.—^The Government may deduct the amount of a 
civil penalty imposed or compromised under this section from 
amounts it owes the person liable for the penalty. 
(e) DEPOSIT IN TREASURY.—Amounts collected under this sec-
tion shall be deposited in the Treasury as miscellaneous receipts. 
(f) PROHIBITION ON MULTIPLE PENALTIES FOR SAME ACT.—Sepa-
rate penalties for violating a regulation prescribed under this chap-
ter and for violating an order under section 60112 or 60118(b) 
of this title may not be imposed under this chapter if both violations 
are based on the same act. 
§ 60123. Criminal penalties 
(a) GENERAL PENALTY.—^A person knowingly and willfully vio-
lating section 60114(c) or 60118(a) of this title or a regulation 
prescribed or order issued under this chapter shall be fined under 
title 18, imprisoned for not more than 5 years, or both. 
(b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.—A per-
son knowingly £ind willfully damaging or destro3dng, or attempting 
to damage or destroy, an interstate gas pipeline facility or interstate 
hazardous liquid pipeUne facility shall be fined under title 18, 
imprisoned for not more than 15 years, or both. 
79-194 0—95—20 : QL 3 Part 2 
108 STAT. 1326 
PUBLIC LAW 103-272—JULY 5, 1994 
(c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person 
knowingly and willfully defacing, damaging, removing, or destrojdng 
a pipeline sign or right-of-way marker required by a law or regula-
tion of the United States shall be fined under title 18, imprisoned 
for not more than one year, or both. 
(d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM 
OR NOT HEEDING LOCATION INFORMATION OR MARKINGS.—^A person 
shall be fined under title 18, imprisoned for not more than 5 
years, or both, if the person knowingly and willfully— 
(1) engages in an excavation activity— 
(A) without first using an available one-call notification 
system to establish the location of underground facilities 
in the excavation area; or 
(B) without paying attention to appropriate location 
information or markings the operator of a pipeline facility 
establishes; and 
(2) subsequently damages— 
(A) a pipeline facility that results in death, serious 
bodily harm, or actual damage to property of more than 
$50,000; or 
(B) a hazardous liquid pipeline facility that results 
in the release of more than 50 barrels of product. 
§ 66124. Annual reports 
(a) SUBMISSION AND CONTENTS.—The Secretary of Transpor-
tation shall submit to Congress not later than August 15 of each 
year a report on carrying out this chapter for the prior calendar 
year for gas and a report on carrying out this chapter for the 
prior calendar year for hazardous liquid. Each report shall include 
the following information about the prior year for gas or hazardous 
liquid, as appropriate: 
(1) a thorough compilation of the leak repairs, accidents, 
and casualties and a statement of cause when investigated 
and established by the National Transportation Safety Board. 
(2) a list of applicable pipeline safety standards prescribed 
under this chapter including identification of standards pre-
scribed during the year. 
(3) a summary of the reasons for each waiver granted 
under section 60118(c) and (d) of this title. 
(4) an evaluation of the degree of compliance with 
applicable safety standards, including a list of enforcement 
actions and compromises of alleged violations by location and 
company name. 
(5) a summary of outstanding problems in canying out 
this chapter, in order of priority. 
(6) an analysis and evaluation of— 
(A) research activities, including their policy implica-
tions, completed as a result of the tJnited States Govern-
ment and private sponsorship; and 
(B) technological progress in safety achieved. 
(7) a list, with a brief statement of the issues, of completed 
or pending judicial actions under this chapter. 
(8) the extent to which technical information was distrib-
uted to the scientific community and consumer-oriented 
information was made available to the public. 
(9) a compilation of certifications filed under section 60105 
of this title that were— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1327 
(A) in effect; or 
(B) rejected in any part by the Secretary and a sum-
mary of the reasons for each rejection. 
(10) a compilation of agreements made under section 60106 
of this title that were— 
(A) in effect; or 
(B) ended in any part by the Secretary and a summary 
of the reasons for ending each agreement. 
(11) a description of the number and qualifications of State 
pipeline safety inspectors in each State for which a certification 
under section 60105 of this title or an agreement under section 
60106 of this title is in effect and the number and qualifications 
of inspectors the Secretary recommends for that State. 
(12) recommendations for legislation the Secretary consid-
ers necessary— 
(A) to promote cooperation among the States in 
improving— 
(i) gas pipeline safety; or 
(ii) hazardous liquid pipeline safety programs; and 
(B) to strengthen the national gas pipeline safety pro-
gram. 
(b) SUBMISSION OF ONE REPORT.—The Secretary may submit 
one report to carry out subsection (a) of this section. 
§ 60125. Authorization of appropriations 
(a) GAS.—^Not more than the following amounts may be appro-
priated to the Secretary of Transportation to carry out this chapter 
(except sections 60107 and 60114(b)) related to gas: 
(1) $6,857,000 for the fiscal year ending September 30, 
1993. 
(2) $7,000,000 for the fiscal year ending September 30, 
1994. 
(3) $7,500,000 for the fiscal year ending September 30, 
1995. 
(b) HAZARDOUS LIQUID.—^Not more than the following Eunounts 
may be appropriated to the Secretary to carry out this chapter 
(except sections 60107 and 60114(b)) related to hazardous liquid: 
(1) $1,728,500 for the fiscal year ending September 30, 
1993. 
(2) $1,866,800 for the fiscal year ending September 30, 
1994. 
(3) $2,000,000 for the fiscal year ending September 30, 
1995. 
(c) STATE GRANTS.—(1) Not more than the following amounts 
may be appropriated to the Secretary to c£irry out section 60107 
of this title: 
(A) $7,750,000 for the fiscal year ending September 30, 
1993. 
(B) $9,000,000 for the fiscal year ending September 30, 
1994. 
(C) $10,000,000 for the fiscal year ending September 30, 
1995. 
(2) At least 5 percent of amounts appropriated to carry out 
United States Government grants-in-aid programs for a fiscal year 
are available only to carry out section 60107 of this title related 
to hazardous liquid. 
108 STAT. 1328 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) Not more than 20 percent of a pipeline safety program 
grant under section 60107 oi this title may be allocated to indirect 
expenses. 
(d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more 
than $ 
may be appropriated to the Secretary for the 
fiscal year ending September 30, 19__, to carry out section 60114(b) 
of this title. Amounts under this subsection remain available until 
expended. 
(e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAIN-
ING.—^The Secretary may credit to an appropriation authorized 
under subsection (a) or (b) of this section amounts received from 
sources other than the Grovemment for reimbursement for expenses 
incurred by the Secretary in providing training. 
(f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The 
Secretary shall make available for grants to States amounts appro-
priated for each of the fiscal years that ended September 30, 1986, 
and 1987, that have not been expended in making grants under 
section 60107 of this title. 
(2) A grant under this subsection is available to a State that 
after December 31, 1987— 
(A) undertakes a new responsibility under section 60105 
of this title; or 
(B) implements a one-call damage prevention program 
established under State law. 
(3) This subsection does not authorize a State to receive more 
than 50 percent of its allowable pipeline safety costs from a grant 
under this chapter. 
(4) A State may receive not more than $75,000 under this 
subsection. 
(5) Amounts under this subsection remain available until 
expended. 
CHAPTER 603—USER FEES 
Sec. 
60301. User fees. 
§60301. User fees 
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall 
prescribe a schedule of fees for all natural gas and hazardous 
liquids transported by pipelines subject to chapter 601 of this title. 
The fees shall be based on usage (in reasonable relationship to 
volume-miles, miles, revenues, or a combination of volume-miles, 
miles, and revenues) of the pipelines. The Secretary shall consider 
the allocation of resources of the Department of Transportation 
when establishing the schedule. 
(b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be 
imposed on each person operating a gas pipeline transmission facil-
ity, a liquefied natursd gas pipeline facility, or a hazardous liquid 
pipeline facility to which chapter 601 of this title applies. The 
fee shall be collected before the end of the fiscal year to which 
it applies. 
! 
(c) MEANS OF COLLECTION.—^The Secretary shall prescribe 
i 
procedures to collect fees under this section. The Secretary may 
I 
use a department, agency, or instrumentality of the United States 
Government or of a State or local government to collect the fee 
and may reimburse the department, agency, or instrumentality 
a reasonable amount for its services. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1329 
(d) USE OF FEES.—^A fee collected under this section— 
(1)(A) related to a gas pipeline facility may be used only 
for an activity related to gas under chapter 601 of this title; 
and 
(B) related to a hazardous liquid pipeline facility may be 
used only for an activity related to hazardous liquid under 
chapter 601 of this title; and 
(2) may be used only to the extent provided in advance 
in an appropriation law. 
(e) LIMITATIONS.—Fees prescribed under subsection (a) of this 
section shall be sufficient to pay for the costs of activities described 
in subsection (d) of this section. However, the total amount collected 
for a fiscal year may not be more than 105 percent of the total 
amount of the appropriations made for the fiscal year for activities 
to be financed by the fees. 
CHAPTER 60&—INTERSTATE COMMERCE REGULATION 
Sec. 
60501. Secretary of Energy. 
60502. Federal Energy Regulatory Commission. 
60503. Effect of enactment. 
§60501. Secretary of Energy 
Except as provided in section 60502 of this title, the Secretary 
of Energy has the duties and powers related to the transportation 
of oil by pipeline that were vested on October 1, 1977, in the 
Interstate Commerce Commission or the chairman or a member 
of the Commission. 
§ 60502. Federal Energy Regulatory Commission 
The Federal Energy Regulatory Commission has the duties 
and powers related to the establishment of a rate or charge for 
the transportation of oil by pipeline or the valuation of that pipeline 
that were vested on October 1, 1977, in the Interstate Commerce 
Commission or an officer or component of the Interstate Commerce 
Commission. 
§60503. Effect of enactment 
The enactment of the Act of October 17, 1978 (Public Law 
95-473, 92 Stat. 1337), the Act of January 12, 1983 (Public Law 
97-449, 96 Stat. 2413), and the Act enacting this section does 
not repeal, and has no substantive effect on, any right, obligation, 
liability, or remedy of .an oil pipeline, including a right, obligation, 
liability, or remedy arising under the Interstate Commerce Act 
or the Act of August 29, 1916 (known as the Pomerene Bills of 
Lading Act), before any department, agency, or instrumentality 
of the United States Government, an officer or employee of the 
Government, or a court of competent jurisdiction. 
SUBTITLE EX—COMMERCIAL SPACE 
TRANSPORTATION 
C H A P T P R 
QA^ 
701. 
COMMERCIAL SPACE LAUNCH ACTIVITIES 
70101 
703. 
SPACE 
TRANSPORTATION 
INFRASTRUCTURE 
MATCHING 70301 
GRANTS. 
108 STAT. 1330 
PUBLIC LAW 103-272—JULY 5, 1994 
CHAPTER 701—COMMERCIAL SPACE LAUNCH ACTIVITIES 
Sec. 
70101. Findings and purposes. 
70102. 
Definitions. 
70103. General authority. 
70104. Restrictions on launches and operations. 
70105. License applications and requirements. 
70106. Monitoring activities. 
70107. Effective periods, and modifications, suspensions, and revocations, of li-
censes. 
70108. Prohibition, suspension, and end of launches and operation of launch sites. 
70109. Preemption of scheduled launches. 
70110. Admimstrative hearings and judicial review. 
70111. Acquiring United States Government property and services. 
70112. Liability insurance and financial responsibility requirements. 
70113. Pajdng claims exceeding liability insurance and financial responsibility re-
quirements. 
70114. Disclosing information. 
70115. Enforcement and penalty. 
70116. 
Consultation. 
70117. Relationship to other executive agencies, laws, and international obliga-
tions. 
70118. User fees. 
70119. Authorization of appropriations. 
§ 70101. Findings and purposes 
(a) FINDINGS.—Congress finds that— 
(1) the peaceful uses of outer space continue to be of great 
value and to offer benefits to all mankind; 
(2) private applications of space technology have achieved 
a significant level of commercial and economic activity and 
offer the potential for growth in the future, particularly in 
the United States; 
(3) new and innovative equipment and services are being 
sought, produced, and offered by entrepreneurs in telecommuni-
cations, information services, and remote sensing technologies; 
(4) the private sector in the United States has the capability 
of developing and providing private satellite launching and 
associated services that would complement the launching and 
associated services now available from the United States 
Government; 
(5) the development of commercial launch vehicles and 
associated services would enable the United States to retain 
its competitive position internationally, contributing to the 
national interest and economic well-being of the United States; 
(6) providing launch services by the private sector is 
consistent with the national security and foreign policy interests 
of the United States and would be facilitated by stable, minimal, 
and appropriate regulatory guidelines that are fairly and 
expeditiously applied; 
(7) the United States should encourage private sector 
launches and associated services and, only to the extent nec-
essary, regulate those launches and services to ensure compli-
ance with international obligations of the United States and 
to protect the public health and safety, safety of property, 
and national security and foreign policy interests of the United 
States; 
(8) space transportation, including the establishment and 
operation of launch sites and complementary facilities, the 
providing of launch services, the establishment of support facili-
ties, and the providing of support services, is an important 
element of the transportation system of the United States, 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1331 
and in connection with the commerce of the United States 
there is a need to develop a strong space transportation infra-
structure with significant private sector involvement; and 
(9) the participation of State governments in encouraging 
and facilitating private sector involvement in space-related 
activity, particularly through the establishment of a space 
transportation-related infrastructure, including launch sites, 
complementary facilities, and launch site support facilities, is 
in the national interest and is of significant public benefit. 
(b) PURPOSES.—^The purposes of this chapter are— 
(1) to promote economic growth and entrepreneurial activ-
ity through use of the space environment for peaceful purposes; 
(2) to encourage the United States private sector to provide 
launch vehicles and associated services by— 
(A) simplifying and expediting the issuance and trans-
fer of commercial launch licenses; and 
(B) facilitating and encouraging the use of Grovemment-
developed space technology; 
(3) to provide that the Secretary of Transportation is to 
oversee and coordinate the conduct of commercial launch oper-
ations, issue and transfer commercial launch licenses authoriz-
ing those operations, and protect the public health and safety, 
safety of property, and national security and foreign policy 
interests of the United States; and 
(4) to facilitate the strengthening and expansion of the 
United States space transportation infrastructure, including 
the enhancement of United States launch sites and launch-
site support facilities, with Government, State, and private 
sector involvement, to support the full range of United States 
space-related activities. 
§70102. Definitions 
In this chapter— 
(1) "citizen of the United States" means— 
(A) an individual who is a citizen of the United States; 
(B) an entity organized or existing under the laws 
of the United States or a State; or 
(C) an entity organized or existing under the laws 
of a foreign country if the controlling interest (as defined 
by the Secretary of Transportation) is held by an individual 
or entity described in subclause (A) or (B) of this clause. 
(2) "executive agency" has the same meaning given that 
term in section 105 of title 5. 
(3) "launch" means to place or try to place a launch vehicle 
and any payload— 
(A) in a suborbital trajectory; 
(B) in Earth orbit in outer space; or 
(C) otherwise in outer space. 
(4) "launch property" means an item built for, or used 
in, the launch preparation or launch of a launch vehicle. 
j 
(5) "launch services" means— 
(A) activities involved in the preparation of a launch 
| 
vehicle and payload for launch; and 
(B) the conduct of a launch. 
(6) "launch site" means the location on Earth from which 
a launch takes place (as defined in a license the Secretary 
issues or transfers under this chapter) and necessary facilities. 
108 STAT. 1332 
PUBLIC LAW 103-272—JULY 5, 1994 
(7) "launch vehicle" means— 
(A) a vehicle built to operate in, or place a payload 
in, outer space; and 
(B) a suborbital rocket. 
(8) "payload" means an object that a person undertakes 
to place in outer space by means of a launch vehicle, including 
components of the vehicle specifically designed or adapted for 
that object. 
(9) "person" means an individual and an entity organized 
or existing under the laws of a State or country. 
(10) "State" means a State of the United States, the District 
of Columbia, and a territory or possession of the United States. 
(11) "third party" means a person except— 
(A) the United States Government or the Government's 
contractors or subcontractors involved in launch services; 
(B) a licensee or transferee under this chapter; 
(C) a licensee's or transferee's contractors, subcontrac-
tors, or customers involved in launch services; or 
(D) the customer's contractors or 
subcontractors 
involved in launch services. 
(12) "United States" means the States of the United States, 
the District of Columbia, and the territories and possessions 
of the United States. 
§70103. General authority 
(a) GENERAL.—The Secretary of Transportation shall carry out 
this chapter. 
(b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this 
chapter, the Secretary shall— 
(1) encourage, facilitate, and promote commercial space 
launches by the private sector; and 
(2) take actions to facilitate private sector involvement 
in commercial space transportation activity, and to promote 
public-private partnerships involving the United States Govern-
ment, State governments, £ind the private sector to build, 
expand, modernize, or operate a space launch infrastructure. 
(c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head 
of an executive agency shall assist the Secretary in carrying out 
this chapter. 
§ 70104. Restrictions on launches and operations 
(a) LICENSE REQUIREMENT.—A license issued or transferred 
under this chapter is required for the following: 
(1) for a person to launch a launch vehicle or to operate 
a launch site in the United States. 
(2) for a citizen of the United States (as defined in section 
70102(1)(A) or (B) of this title) to launch a launch vehicle 
or to operate a launch site outside the United States. 
(3) for a citizen of the United States (as defined in section 
70102(1)(C) of this title) to launch a launch vehicle or to operate 
a launch site outside the United States and outside the territory 
of a foreign country unless there is an agreement between 
the United States Cfovernment and the government of the for-
eign country providing that the government of the foreign coun-
try has jurisdiction over the launch or operation. 
(4) for a citizen of the United States (as defined in section 
70102(1)(C) of this title) to launch a launch vehicle or to operate 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1333 
a launch site in the territory of a foreign country if there 
is an agreement between the United States Government and 
the government of the foreign country providing that the United 
States Government has jurisdiction over the launch or oper-
ation. 
(b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder 
of a launch license under this chapter may launch a payload only 
if the payload complies with all requirements of the laws of the 
United States related to launching a payload. 
(c) PREVENTING LAUNCHES.—^The Secretary of Transportation 
shall establish whether all required licenses, authorizations, and 
permits required for a payload have been obtained. If no license, 
authorization, or permit is required, the Secretary may prevent 
the laimch if the Secretary decides the launch would jeopardize 
the public health and safety, safety of property, or national security 
or foreign policy interest of the United States. 
§ 70105. License applications and requirements 
(a) APPLICATIONS.—A person may apply to the Secretary of 
Transportation for a license or transfer of a license under this 
chapter in the form and way the Secretary prescribes. Consistent 
with the public health and safety, safety of property, and national 
security and foreign policy interests of the United States, the Sec-
retary, not later than 180 days after receiving an application, shall 
issue or transfer a license if the Secretary decides in writing that 
the applicant complies, and will continue to comply, with this chap-
ter and regulations prescribed under this chapter. The Secretary 
shall inform the applicant of any pending issue and action required 
to resolve the issue if the Secretary has not made a decision not 
later than 120 days after receiving an application. 
(b) REQUIREMENTS.—^(1) Except as provided in this subsection, 
all requirements of the laws of the United States applicable to 
the launch of a launch vehicle or the operation of a launch site 
are requirements for a license under this chapter. 
(2) The Secretary may prescribe— 
(A) any term necessary to ensure compliance with this 
chapter, including on-site verification that a launch or operation 
complies with representations stated in the application; 
(B) an additional requirement necessary to protect the pub-
lic health and safety, safety of property, national security 
interests, and foreign policy interests of the United States; 
and 
(C) by regulation that a requirement of a law of the United 
Regulations. 
States not be a requirement for a license if the Secretary, 
after consulting with the head of the appropriate executive 
agency, decides that the requirement is not necessary to protect 
the public health and safety, safety of property, and national 
security and foreign policy interests of the United States. 
(3) The Secretary may waive a requirement for an individual 
applicant if the Secretary decides that the waiver is in the public 
interest and will not jeopardize the public health and safety, safety 
of property, and national security and foreign policy interests of 
the United States. 
(c) PROCEDURES AND TIMETABLES.—The Secretary shall estab-
lish procedures and timetebles that expedite review of a license 
application and reduce the regulatory burden for an applicant. 
108 STAT. 1334 
PUBLIC LAW 103-272—JULY 5, 1994 
§70106. Monitoring activities 
(a) GENERAL REQUIREMENTS.—^A licensee under this chapter 
must allow the Secretary of Transportation to place an officer 
or employee of the United States Government or another individual 
as an observer at a launch site the licensee uses, at a production 
facility or assembly site a contractor of the licensee uses to produce 
or assemble a launch vehicle, or at a site at which a payload 
is integrated with a launch vehicle. The observer will monitor 
the activity of the licensee or contractor at the time and to the 
extent the Secretary considers reasonable to ensure compliance 
with the license or to carry out the duties of the Secretary under 
section 70104(c) of this title. A licensee must cooperate with an 
observer carrying out this subsection. 
(b) CONTRACTS.—^To the extent provided in advance in an appro-
priation law, the Secretary may make a contract with a person 
to carry out subsection (a) of this section. 
§79107. E£feetive periods^ and modiHcations, suspensions, 
and revocations, of licenses 
(a) 
EFFECTIVE 
PERIODS OF LICENSES.—The 
Secretary 
of 
Transportation shall specify the period for which a license issued 
or transferred under this chapter is in effect. 
(b) MODIFICATIONS.—On the initiative of the Secretary or on 
application of the licensee, the Secretary may modify a license 
issued or transferred under this chapter if the Secretary decides 
the modification will comply with this chapter. 
(c) SUSPENSIONS AND REVOCATIONS.—The Secretary may sus-
pend or revoke a license if the Secretary decides that— 
(1) the licensee has not complied substantially with a 
requirement of this chapter or a regulation prescribed under 
this chapter; or 
(2) the suspension or revocation is necessary to protect 
the public health and safety, the safety of property, or a 
national security or foreign policy interest of the United States. 
(d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND 
REVOCATIONS.—^Unless the Secretary specifies otherwise, a modi-
fication, suspension, or revocation under this section takes effect 
immediately and remains in effect during a review under section 
70110 of this title. 
(e) NOTIFICATION.—The Secretary shall notify the licensee in 
writing of the decision of the Secretary under this section and 
any action the Secretary takes or proposes to take based on the 
decision. 
§70106. Prohibition, suspension, and end of launches and 
operation of launch sites 
(a) GENERAL AUTHORITY.—The Secretary of Transportation may 
prohibit, suspend, or end immediately the launch of a launch vehicle 
or the operation of a launch site licensed under this chapter if 
the Secretary decides the launch or operation is detrimental to 
the public health and safiety, the safety of property, or a national 
security or foreign policy interest of the United States. 
(b) EFFECTIVE PERIODS OF ORDERS.—^An order under this sec-
tion takes effect immediately and remains in effect during a review 
under section 70110 of this title. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1335 
§ 70109. Preemption of scheduled launches 
(a) GENERAL.—With the cooperation of the Secretary of Defense 
and the Administrator of the National Aeronautics and Space 
Administration, the Secretary of Transportation shall act to ensure 
that a launch of a payload is not preempted from access to a 
United States Grovemment launch site or launch property, except 
for imperative national need, when a launch date commitment 
from the Government has been obtained for a launch licensed 
under this chapter. A licensee or transferee preempted from access 
to a launch site or launch property does not have to pay the 
Government any amount for launch services attributable only to 
the scheduled launch prevented by the preemption. 
(b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation 
with the Secretary of Transportation, the Secretary of Defense 
or the Administrator shall decide when an imperative national 
need requires preemption under subsection (a) of this section. That 
decision may not be delegated. 
(c) REPORTS.—In cooperation with the Secretary of Transpor-
tation, the Secretary of Defense or the Administrator, as appro-
priate, shall submit to Congress not later than 7 days after a 
decision to preempt under subsection (a) of this section, a report 
that includes an explanation of the circumstances justifjdng the 
decision and a schedule for ensuring the prompt launching of a 
preempted payload. 
§ 70110. Administrative hearings and judicial review 
(a) ADMINISTRATIVE HEARINGS.—The Secretary of Transpor-
tation shall provide an opportunity for a hearing on the record 
to— 
(1) an applicEmt under this chapter, for a decision of the 
Secretary under section 70105(a) of this title to issue or transfer 
a license with terms or deny the issuance or transfer of a 
license; 
(2) an owner or operator of a payload under this chapter, 
for a decision of the Secretary under section 70104(c) of this 
title to prevent the launch of the payload; and 
(3) a licensee under this chapter, for a decision of the 
Secretary under— 
(A) section 70107 (b) or (c) of this title to modify, 
suspend, or revoke a license; or 
(B) section 70108(a) of this title to prohibit, suspend, 
or end a launch or operation of a launch site licensed 
by the Secretary. 
(b) JUDICIAL REVIEW.—^A final action of the Secretary under 
this chapter is subject to judicial review as provided in chapter 
7 of title 5. 
§70111. Acquiring United States Government property and 
services 
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The 
Secretary of Transportation shall facilitate and encourage the 
acquisition by the private sector and State governments of— 
(A) launch property of the United States Government that 
is excess or otherwise is not needed for public use; and 
(B) launch services, including utilities, of the Government 
otherwise not needed for public use. 
108 STAT. 1336 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) In acting under paragraph (1) of this subsection, the Sec-
retary shall consider the commercial availability on reasonable 
terms of substantially equivalent launch property or launch services 
from a domestic source. 
(b) PRICE.—(1) In this subsection, "direct costs" means the 
actual costs that— 
(A) can be associated unambiguously with a commercial 
launch effort; and 
(B) the Government would not incur if there were no 
commercial launch effort. 
(2) In consultation with the Secretary, the head of the executive 
agency providing the property or service under subsection (a) of 
this section shall establish the price for the property or service. 
The price for— 
(A) acquiring launch property by sale or transaction instead 
of sale is the fair market value; 
(B) acquiring launch property (except by sale or transaction 
instead of sale) is an amount equal to the direct costs, including 
specific wear and tear and property damage, the Grovemment 
incurred because of acquisition of the property; and 
(C) launch services is an amount equal to the direct costs, 
including the basic pay of Government civilian and contractor 
personnel, the Government incurred because of acquisition of 
the services. 
(c) COLLECTION BY SECRETARY.—^The Secretary may collect a 
pajonent under this section with the consent of the head of the 
executive agency establishing the price. Amounts collected under 
this subsection shall be deposited in the Treasury. Amounts (except 
for excess launch property) shall be credited to the appropriation 
from which the cost of providing the property or services was 
paid. 
(d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head 
of a department, agency, or instrumentality of the Government 
may collect a pa3nnent for an activity involved in producing a 
launch vehicle or its payload for launch if the activity was agreed 
to by the owner or manufacturer of the launch vehicle or payload. 
§70112. Liability 
insurance and 
financial 
responsibility 
requirements 
(a) GENERAL REQUIREMENTS.—(1) When a license is issued 
or transferred under this chapter, the licensee or transferee shall 
obtain liability insurance or demonstrate financial responsibility 
in amounts to compensate for the maximum probable loss from 
claims by— 
(A) a third party for death, bodily injury, or property dam-
age or loss resulting from an activity carried out under the 
^
^ license; and 
(B) the United States Grovernment against a person for 
damage or loss to Government property resulting from an activ-
ity carried out under the license. 
(2) The Secretary of Transportation shall determine the 
amounts required under paragraph (1)(A) and (B) of this subsection, 
after consulting with the Administrator of the National Aeronautics 
and Space Administration, the Secretary of the Air Force, and 
the heads of other appropriate executive agencies. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1337 
(3) For the total claims related to one launch, a licensee or 
transferee is not required to obtain insurance or demonstrate finan-
cial responsibility of more than— 
(A)(i) $500,000,000 under paragraph (1)(A) of this sub-
section; or 
(ii) $100,000,000 under paragraph (IXB) of this subsection; 
or 
(B) the maximum liability insurance available on the world 
market at reasonable cost if the amount is less than the 
applicable amount in clause (A) of this paragraph. 
(4) An insurance policy or demonstration of financial respon-
sibility under this subsection shall protect the following, to the 
extent of their potential liability for involvement in launch services, 
at no cost to the Grovemment: 
(A) the Government. 
(B) executive agencies and personnel, contractors, and sub-
contractors of the Grovemment. 
(C) contractors, subcontractors, £ind customers of the 
licensee or transferee. 
(D) contractors and subcontractors of the customer. 
(b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or 
transferred under this chapter shall contain a provision requiring 
the licensee or transferee to make a reciprocal waiver of claims 
with its contractors, subcontractors, and customers, and contractors 
and subcontractors of the customers, involved in launch services 
under which each party to the waiver agrees to be responsible 
for property damage or loss it sustains, or for personal injury 
to, death of, or property damage or loss sustained by its own 
employees resulting from an activity carried out under the license. 
(2) The Secretary of Transportation shall make, for the Govern-
ment, executive agencies of the Government involved in launch 
services, and contractors and subcontractors involved in launch 
services, a reciprocal waiver of claims with the licensee or trans-
feree, contractors, subcontractors, and customers of the licensee 
or transferee, and contractors and subcontractors of the customers, 
involved in launch services under which each party to the waiver 
agrees to be responsible for property damage or loss it sustains, 
or for personal injury to, death of, or property damage or loss 
sustained by its own employees resulting from an activity carried 
out under the license. The waiver applies only to the extent that 
clEiims are more than the amount of insurance or demonstration 
of financial responsibility required under subsection (a)(1)(B) of 
this section. After consulting with the Administrator and the Sec-
retary of the Air Force, the Secretary of Transportation may waive, 
for the Government and a department, agency, and instrumentality 
of the Government, the right to recover damages for damage or 
loss to Government property to the extent insurance is not available 
because of a policy exclusion the Secretary of Transportation decides 
is usual for the type of insurance involved. 
(c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Sec-
retary of Transportation shall determine the maximum probable 
losses under subsection (a)(1)(A) and (B) of this section associated 
with an activity under a license not later than 90 days after a 
licensee or transferee requires a determination and submits all 
information the Secretary requires. The Secretary shall amend the 
determination as warranted by new information. 
108 STAT. 1338 
PUBLIC LAW 103-272—JULY 5, 1994 
(d) ANNUAL REPORT,—(1) Not later than November 15 of each 
year, the Secretary of Transportation shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives a report on current determinations made under 
subsection (c) of this section related to all issued licenses and 
the reasons for the determinations. 
(2) Not later than May 15 of each year, the Secretary of 
Transportation shall review the amounts specified in subsection 
(a)(3)(A) of this section and submit a report to Congress that con-
tains proposed adjustments in the amounts to conform with changed 
liability expectations and availability of insurance on the world 
market. The proposed adjustment takes effect 30 days after a report 
is submitted. 
(e) LAUNCHES INVOLVING GOVERNMENT FACILITIES AND PERSON-
NEL.—The Secretary of Transportation shall establish requirements 
consistent with this chapter for proof of financial responsibility 
and other assurances necessary to protect the (government and 
its executive agencies and personnel from liability, death, bodily 
injury, or property damage or loss as a result of a launch or 
operation of a launch site involving a facility or personnel of the 
Government. The Secretary may not relieve the Government of 
liability under this subsection for death, bodily injury, or property 
damage or loss resulting from the willful misconduct of the Govern-
ment or its agents. 
(f) COLLECTION AND CREDITING PAYMENTS.—The head of a 
department, agency, or instrumentality of the Government shall 
collect a payment owed for damage or loss to Government property 
under its jurisdiction or control resulting from an activity carried 
out under a license issued or transferred under this chapter. The 
payment shall be credited to the current applicable appropriation, 
fund, or account of the department, agency, or instrumentality. 
§70113. Paying claims exceeding liability insurance and 
Hnancial responsibility requirements 
(a) GENERAL REQUIREMENTS.—(1) To the extent provided in 
advance in an appropriation law or to the extent additional legisla-
tive authority is enacted providing for paying claims in a compensa-
tion plan submitted under subsection (d) of this section, the Sec-
retary of Transportation shall provide for the payment by the United 
States Government of a successful claim (including reasonable 
litigation or settlement expenses) of a third party against a licensee 
or transferee under this chapter, a contractor, subcontractor, or 
customer of the licensee or transferee, or a contractor or subcontrac-
tor of a customer, resulting from an activity carried out under 
the license issued or transferred under this chapter for death, 
bodily injury, or property damage or loss resulting from an activity 
carried out under the license. However, claims may be paid under 
this section only to the extent the total amount of successful claims 
related to one launch— 
(A) is more than the amount of insurance or demonstration 
of financial responsibility required under section 70112(a)(1)(A) 
of this title; and 
(B) is not more than $1,500,000,000 (plus additional 
amounts necessary to reflect inflation occurring after January 
1, 1989) above that insurance or financial 
responsibility 
amount. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1339 
" 
(2) The Secretary may not provide for paying a part of a 
claim for which death, bodily injury, or property damage or loss 
results from willful misconduct by the licensee or transferee. To 
the extent insurance required under section 70112(a)(1)(A) of this 
title is not available to cover a successful third party liability 
claim because of an insurance policy exclusion the Secretary decides 
is usual for the tjrpe of insurance involved, the Secretary may 
provide for paying the excluded claims without regard to the limita-
tion contained in section 70112(a)(1). 
(b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment 
under subsection (a) of this section is made— 
(1) notice must be given to the Grovemment of a claim, 
or a civil action related to the claim, against a party described 
in subsection (a)(1) of this section for death, bodily injury, 
or property damage or loss; 
(2) the Government must be given an opportunity to partici-
pate or assist in the defense of the claim or action; and 
(3) the Secretary must approve any part of a settlement 
to be paid out of appropriations of the GrOvemment. 
(c) WITHHOLDING PAYMENTS.—The Secretary may withhold a 
payment under subsection (a) of this section if the Secretary certifies 
that the amount is not reasonable. However, the Secretary shall 
deem to be reasonable the amount of a claim finally decided by 
a court of competent jurisdiction. 
(d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as 
a result of an activity carried out under a license issued or trans-
ferred under this chapter the total of claims related to one launch 
is likely to be more than the amount of required insurance or 
demonstration of financial responsibility, the Secretary shall— 
(A) survey the causes and extent of damage; and 
(B) submit expeditiously to Congress a report on the results 
of the survey. 
(2) Not later than 90 days after a court determination indicates 
President, 
that the liability for the total of claims related to one launch 
may be more than the required amount of insurance or demonstra-
tion of financial responsibility, the President, on the recommenda-
tion of the Secretary, shall submit to Congress a compensation 
plan that— 
(A) outlines the total dollar value of the claims; 
(B) recommends sources of amounts to pay for the claims; 
(C) includes legislative language required to carry out the 
plan if additional legislative authority is required; and 
(D) for a single event or incident, may not be for more 
than $1,500,000,000. 
(3) A compensation plan submitted to Congress under para-
graph (2) of this subsection shall— 
(A) have an identification number; and 
(B) be submitted to the Senate and the House of Represent-
atives on the same day and when the Senate and House are 
in session. 
(e) 
CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, 
"resolution"— 
(A) means a joint resolution of Congress the matter after 
the resolving clause of which is as follows: "That the Congress 
approves the compensation plan numbered 
submit-
ted to the Congress on 
, 19 
.", with the 
blank spaces being filled appropriately; but 
108 STAT. 1340 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) does not include a resolution that includes more than 
one compensation plan. 
(2) The Senate shall consider under this subsection a compensa-
tion plan requiring additional appropriations or legislative authority 
not later than 60 calendar days of continuous session of Congress 
after the date on which the plan is submitted to Congress. 
(3) A resolution introduced in the Senate shall be referred 
immediately to a committee by the President of the Senate. All 
resolutions related to the same plan shall be referred to the same 
committee. 
(4)(A) If the committee of the Senate to which a resolution 
has been referred does not report the resolution within 20 calendar 
days after it is referred, a motion is in order to discharge the 
committee from further consideration of the resolution or to dis-
charge the committee from further consideration of the plan. 
(B) A motion to discharge may be made only by an individual 
favoring the resolution and is highly privileged (except that the 
motion may not be made after the committee has reported a resolu-
tion on the plan). Debate on the motion is limited to one hour, 
to be divided equally between those favoring and those opposing 
the resolution. An amendment to the motion is not in order. A 
motion to reconsider the vote by which the motion is agreed to 
or disagreed to is not in order, 
(C) If the motion to discharge is agreed to or disagreed to, 
the motion may not be renewed and another motion to discharge 
the committee from another resolution on the same plan may not 
be made. 
(5)(A) After a committee of the Senate reports, or is discharged 
from further consideration of, a resolution, a motion to proceed 
to the consideration of the resolution is in order at any time, 
even though a similar previous motion has been disagreed to. The 
motion is highly privileged and is not debatable. An amendment 
to the motion is not in order. A motion to reconsider the vote 
by which the motion is agreed to or disagreed to is not in order. 
(B) Debate on the resolution referred to in subparagraph (A) 
of this paragraph is limited to not more than 10 hours, to be 
divided equally between those favoring and those opposing the 
resolution. A motion further to limit debate is not debatable. An 
amendment to, or motion to recommit, the resolution is not in 
order. A motion to reconsider the vote by which the resolution 
is agreed to or disagreed to is not in order. 
(6) The following shall be decided in the Senate without debate: 
(A) a motion to postpone related to the discharge from 
committee. 
(B) a motion to postpone consideration of a resolution. 
(C) a motion to proceed to the consideration of other busi-
ness. 
(D) an appeal from a decision of the chair related to the 
application of the rules of the Senate to the procedures related 
to resolution. 
(fj APPLICATION.—^This section applies to a license issued or 
transferred under this chapter for which the Secretary receives 
a complete and valid application not later than December 31, 1999. 
§70114. Disclosing information 
The Secretary of Transportation, an officer or employee of the 
United States Cxovemment, or a person making a contract with 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1341 
the Secretary under section 70106(b) of this title may disclose 
information under this chapter that qualifies for an exemption 
under section 552(b)(4) of title 5 or is designated as confidential 
by the person or head of the executive agency providing the informa-
tion only if the Secretaiy decides withholding the information is 
contrary to the public or national interest. 
§ 70115. Enforcement and penalty 
(a) PROHIBITIONS.—A person may not violate this chapter, a 
regulation prescribed under this chapter, or any term of a license 
issued or transferred under this chapter. 
(b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the 
Secretary of Transportation may— 
(A) conduct investigations and inquiries; 
(B) administer oaths; 
(C) take affidavits; and 
(D) under lawful process— 
(i) enter at a reasonable time a launch site, production 
facility, assembly site of a launch vehicle, or site at which 
a payload is integrated with a launch vehicle to inspect 
an object to which this chapter applies or a record or 
report the Secretary requires be made or kept under this 
chapter; and 
(ii) seize the object, record, or report when there is 
probable cause to believe the object, record, or report was 
used, is being used, or likely will be used in violation 
of this chapter. 
(2) The Secretary may delegate a duty or power under this 
chapter related to enforcement to an officer or employee of another 
executive agency with the consent of the head of the agency. 
(c) CIVIL PENALTY.—(1) After notice and an opportunity for 
a hearing on the record, a person the Secretary finds to have 
violated subsection (a) of this section is liable to the United States 
Grovemment for a civil penalty of not more than $100,000. A sepa-
rate violation occurs for each day the violation continues. 
(2) In conducting a hearing under paragraph (1) of this sub-
section, the Secretary may— 
(A) subpena witnesses and records; and 
(B) enforce a subpena in an appropriate district court of 
the United States. 
(3) The Secretary shall impose the civil penalty by written 
notice. The Secretary may compromise or remit a penalty imposed, 
or that may be imposed, under this section. 
(4) The Secretary shall recover a civil penalty not paid after 
the penalty is final or after a court enters a final judgment for 
the Secretary. 
§70116. Consultation 
(a) MATTERS AFFECTING NATIONAL SECURITY.—The Secretary 
of Transportation shall consult with the Secretary of Defense on 
a matter under this chapter affecting national security. The Sec-
retary of Defense shall identify and notify the Secretary of Transpor- 
' 
tation of a national security interest relevant to an activity under 
j 
this chapter. 
(b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of 
Transportation shall consult with the Secretary of State on a matter 
under this chapter affecting foreign policy. The Secretary of State 
108 STAT. 1342 
PUBLIC LAW 103-272—JULY 5, 1994 
shall identify and notify the Secretary of Transportation of a foreign 
policy interest or obligation relevant to an activity under this 
chapter. 
(c) OTHER MATTERS.—In carrying out this chapter, the Sec-
retary of Transportation shall consult with the head of another 
executive agency— 
(1) to provide consistent application of licensing require-
ments under this chapter; 
(2) to ensure fair treatment for all license applicants; and 
(3) when appropriate. 
§70117. Relationship to other executive agencies, laws, and 
international obligations 
(a) EXECUTIVE AGENCIES.—Except as provided in this chapter, 
a person is not required to obtain from an executive agency a 
license, approval, waiver, or exemption to launch a launch vehicle 
or operate a launch site. 
(b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF 
COMMERCE.—^This chapter does not affect the authority of— 
(1) the Federal Communications Commission under the 
Communications Act of 1934 (47 U.S.C. 151 et seq.); or 
(2) the Secretary of Commerce under the Land Remote-
Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et 
seq.). 
(c) STATES AND POLITICAL SUBDIVISIONS.—A State or political 
subdivision of a State— 
(1) may not adopt or have in effect a law, regulation, 
standard, or order inconsistent with this chapter; but 
(2) may adopt or have in effect a law, regulation, standard, 
or order consistent with this chapter that is in addition to 
or more stringent than a requirement of, or regulation pre-
scribed under, this chapter. 
(d) CONSULTATION.—^The Secretary of Transportation is encour-
aged to consult with a State to simplify and expedite the approval 
of a space launch activity. 
(e) FOREIGN CouNTRiES.^The Secretary of Transportation 
shall— 
(1) carry out this chapter consistent with an obligation 
the United States Grovemment assumes in a treaty, convention, 
or agreement in force between the Government and the govern-
ment of a foreign country; and 
(2) consider applicable laws and requirements of a foreign 
country when carrying out this chapter. 
(f) LAUNCH NOT AN EXPORT.—^A launch vehicle or payload that 
is launched is not, because of the launch, an export for purposes 
of a law controlling exports. 
(g) NONAPPLICATION.—This chapter does not apply to— 
(1) a launch, operation of a launch vehicle or launch site, 
or other space activity the Government carries out for the 
Grovemment; or 
(2) planning or policies related to the launch, operation, 
or activity. 
§70118. User fees 
The Secretary of Transportation may collect a user fee for 
a regulatory or other service conducted under this chapter only 
if specifically authorized by this chapter. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1343 
§70119. Authorization of appropriations 
The following amounts may be appropriated to the Secretary 
of Transportation for the fiscal year ending September 30, 1993: 
(1) $4,900,000 to carry out this chapter. 
(2) $20,000,000 for a program to ensure the resiliency of 
the space launch infrastructure of the United States if a law 
is enacted to establish that program in the Department of 
Transportation. 
CHAPTER 703—SPACE TRANSPORTATION 
INFRASTRUCTURE MATCHING GRANTS 
Sec 
70301. Definitions. 
70302. Grant authority. 
70303. Grant applications. 
70304. Environmental requirements. 
70305. Authorization of appropriations. 
§70301. Definitions 
In this chapter— 
(1) the definitions in section 502 of the National Aero-
nautics and Space Administration Authorization Act, Fiscal 
Year 1993 (15 U.S.C. 5802) apply. 
(2) "commercial space transportation infrastructure devel-
opment" includes— 
(A) construction, improvement, design, and engineering 
of space transportation infrastructure in the United States; 
and 
(B) technical studies to define how new or enhanced 
space transportation infrastructure can best meet the needs 
of the United States commercial space transportation 
industry. 
(3) "project" means a project (or separate projects submitted 
together) to carry out commercial space transportation infra-
structure development, including the combined submission of 
all projects to be undertaken at a particular site in a fiscal 
year. 
(4) "project grant" means a grant of an amount by the 
Secretary of Transportation to a sponsor for one or more 
projects. 
(5) "public agency" means a State or an agency of a State, 
a political subdivision of a State, or a tax-supported organiza-
tion. 
(6) "sponsor" means a public agency that, individually or 
jointly with one or more other public agencies, submits to 
the Secretary under this chapter an application for a project 
grant. 
§70302. Grant authority 
(a) GENERAL AUTHORITY.—^To ensure the resiliency of the space 
transportation infrastructure of the United States, the Secretary 
of Transportation may make project grants to sponsors as provided 
in this chapter. 
(b) LIMITATIONS.—^The Secretary may make a project grant 
under this chapter only if— 
(1) at least 10 percent of the total cost of the project 
will be paid by the private sector; and 
108 STAT. 1344 
PUBLIC LAW 103-272—JULY 5, 1994 
(2) the grant will not be for more than 50 percent of 
the total cost of the project. 
§70303. Grant applications 
(a) GENERAL.—^A sponsor may submit to the Secretary of 
Transportation an application for a project grant. The application 
must state the project to be undertaken and be in the form and 
contain the information the Secretary requires. 
(b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting pro-
posed projects for grants under this section, the Secretary of 
Transportation shall consider— 
(A) the contribution of the project to industry capabilities 
that serve the United States Grovemment's space transportation 
needs; 
(B) the extent of industr/s financial contribution to the 
project; 
(C) the extent of industry's participation in the project; 
(D) the positive impact of the project on the international 
competitiveness of the United States space transportation 
industry; 
(E) the extent of State contributions to the project; and 
(F) the impact of the project on launch operations and 
other activities at Government launch ranges. 
(2) The Secretary of Transportation shall consult with the Sec-
retary of Defense, the Administrator of the National Space and 
Aeronautics Administration, and the heads of other appropriate 
agencies of the Grovemment about paragraph (1)(A) and (F) of 
this subsection. 
(c) REQUIREMENTS.—^The Secretary of Transportation may 
approve an application only if the Secretary is satisfied that— 
(1) the project will contribute to the purposes of this chap-
ter; 
(2) the project is reasonably consistent with plans (existing 
at the time of approval of the project) of public agencies that 
are— 
(A) authorized by the State in which the project is 
located; and 
(B) responsible for the development of the area 
surrounding the project site; 
(3) if the application proposes to use Government property, 
the specific consent of the head of the appropriate agency 
^ 
has been obtained; 
(4) the project will be completed without unreasonable 
delay; 
(5) the sponsor submitting the application has the legal 
authority to engage in the project; and 
(6) any additional requirements prescribed by the Secretary 
have been met. 
(d) PREFERENCE FOR INDUSTRY CONTRIBUTIONS.—The Secretary 
of Transportation shall give preference to applications for projects 
for which there will be greater industry financial contributions, 
all other factors being equal. 
§ 70304. Environmental requirements 
(a) POLICY.—It is the policy of the United States that projects 
selected under this chapter shall provide for the protection and 
enhancement of the natural resources and the quality of the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1345 
environment of the United States. In carrying out this policy, the 
Secret£iry of Transportation shall consult with the Secretary of 
the Interior and the Administrator of the Environmental Protection 
Agency about a project that may have a significant effect on natural 
resources, including fish and wildlife, natural, scenic, and rec-
reational assets, water and air quality, and other factors affecting 
the environment. If the Secretary of Transportation finds that a 
project will have a significant adverse effect, the Secretary may 
approve the application for the project only if, after a complete 
review that is a matter of public record, the Secretary makes 
a written finding that no feasible and prudent alternative to the 
project exists and that all reasonable steps have been taken to 
minimize the adverse effect. 
(b) 
PUBLIC 
HEARING 
REQUIREMENT.—The 
Secretary of 
Transportation may approve an application only if the sponsor 
of the project certifies to the Secretary that an opportunity for 
a public hearing has been provided to consider the economic, social, 
and environmental effects of the project and its consistency with 
the goals of any planning carried out by the community. When 
a hearing is held under this paragraph, the sponsor shall submit 
a copy of the transcript of the hearing to the Secretary. 
(c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.— 
(1) The Secretary of Ti-ansportation may approve an application 
only if the chief executive officer of the State in which the project 
is located certifies in writing to the Secretary that there is reason-
able assurance that the project will be located, designed, con-
structed, and operated to comply with applicable air and water 
quality standards. If the Administrator has not prescribed those 
standards, certification shall be obtained from the Administrator. 
Notice of certification or refusal to certify shall be provided not 
later than 60 days after the Secretary receives the application. 
(2) The Secretary of Transportation shall condition the approval 
of an application on compliance with applicable air and water 
quality standards during construction and operation. 
(d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary 
of Transportation may require a certification from a sponsor that 
the sponsor will comply with all applicable laws and regulations. 
The Secretary may rescind at any time acceptance of a certification 
from a sponsor under this subsection. This subsection does not 
affect any responsibility of the Secretary under another law, 
including— 
(1) section 303 of this title; 
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.); 
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 
et seq.); 
(4) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
(5) the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). 
§ 70305. Authorization of appropriations 
Not more than $10,000,000 may be appropriated to the Sec-
retary of Transportation to make grants under this chapter. 
Amounts appropriated under this section remain available until 
expended. 
108 STAT. 1346 
PUBLIC LAW 103-272—JULY 5, 1994 
SUBTITLE X—MISCELLANEOUS 
C H A P T E R 
Q^V* 
801. BILLS OF LADING 
80101 
803. CONTRABAND 
80301 
805. MISCELLANEOUS 
80501 
CHAPTER 801—BILLS OF LADING 
Sec. 
801*01. Definitions. 
80102. Application. 
80103. Negotiable and nonnegotiable bills. 
80104. Form and requirements for negotiation. 
80105. Title and rights affected b^ negotiation. 
80106. Transfer without negotiation. 
80107. Warranties and Uabuity. 
80108. Alterations and additions. 
80109. Liens under negotiable bills. 
80110. Dutjr to deliver goods. 
80111. Liability for dehvery of goods. 
80112. Liability under negotiable bills issued in parts, sets, or duplicates. 
80113. Liability for nonreceipt, misdescription, and improper loading. 
80114. Lost^ stiolen, and destroyed negotiable bills. 
80115. Limitation on use of juoicial process to obtain possession of goods from com-
mon carriers. 
80116. Criminal penalty. 
§80101. DeHnitions 
In this chapter— 
(1) "consignee" means the person named in a bill of lading 
as the person to whom the goods are to be delivered. 
(2) "consignor" means the person named in a bill of lading 
as the person from whom the goods have been received for 
shipment. 
(3) "goods" means merchandise or personal property that 
has been, is being, or will be transported. 
(4) "holder" means a person having possession of, and a 
property right in, a bill of lading. 
(5) "order" means an order by indorsement on a bill of 
lading. 
(6) "purchase" includes taking by mortgage or pledge. 
(7) "State" means a State of the United States, the District 
of Columbia, and a territory or possession of the United States. 
§80102. Application 
This chapter applies to a bill of lading when the bill is issued 
by a common carrier for the transportation of goods— 
(1) between a place in the District of Columbia and another 
place in the District of Columbia; 
(2) between a place in a territory or possession of the 
United States and another place in the same territory or posses-
sion; 
(3) between a place in a State and a place in another 
State; 
(4) between a place in a State and a place in the same 
State through another State or a foreign country; or 
(5) from a place in a State to a place in a foreign country. 
§80103. Negotiable and nonnegotiable bills 
(a) NEGOTIABLE BILLS.—(1) A bill of lading is negotiable if 
the bill— 
(A) states that the goods are to be delivered to the order 
of a consignee; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1347 
(B) does not contain on its face an agreement with the 
shipper that the bill is not negotiable. 
(2) Inserting in a negotiable bill of lading the name of a person 
to be notified of the arrival of the goods— 
(A) does not limit its negotiability; and 
(B) is not notice to the purchaser of the goods of a right 
the named person has to the goods. 
(b) NONNEGOTIABLE BiLLS.—(1) A bill of lading is nonnegotiable 
if the bill states that the goods are to be delivered to a consignee. 
The indorsement of a nonnegotiable bill does not— 
(A) make the bill negotiable; or 
(B) give the transferee any additional right. 
(2) A common carrier issuing a nonnegotiable bill of lading 
must put "nonnegotiable" or "not negotiable" on the bill. This para-
graph does not apply to £in informal memorandum or acknowledg-
ment. 
§86104. Form and requirements for negotiation 
(a) GENERAL RULES.—<1) A negotiable bill of lading may be 
negotiated by indorsement. An indorsement may be made in blank 
or to a specified person. If the goods are deliverable to the order 
of a specified person, then the bill must be indorsed by that person. 
(2) A negotiable bill of lading may be negotiated by delivery 
when the common carrier, under the terms of the bill, undertakes 
to deliver the goods to the order of a specified person and that 
person or a subsequent indorsee has indorsed the bill in blank. 
(3) A negotiable bill of lading may be negotiated by a person 
possessing the bill, regardless of the way in which the person 
got possession, i ^ 
(A) a common carrier, under the terms of the bill, under-
takes to deliver the goods to that person; or 
(B) when the bill is negotiated, it is in a form that aHows 
it to be negotiated by delivery. 
(b) VALIDITY NOT AFFECTED.—The validity of a negotiation 
of a bill of lading is not affected by the negotiation having been 
a breach of duty by the p^son making the negotiation, or by 
the owner of the bill having been deprived of possession by fraud, 
accident, mistake, duress, loss, theft, or conversion, if the person 
to whom the bill is negotiated, or a person to whom the bill is 
subsequently negotiated, gives value for the bill in good faith and 
without notice of the breach of duty, fraud, accident, mistake, 
duress, loss, theft, or conversion. 
(c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PER-
SON WITHOUT NOTICE.—^When goods for which a negotiable bill 
of lading has been issued are in a common carrier's possession, 
and the person to whom the bill has been issued retains possession 
of the bill after selling, mortgaging, or pledging the goods or bill, 
the subsequent negotiation of the bill by that person to another 
person receiving the bill for value, in good faith, and without 
notice of the prior sale, mortgage, or pledge has the same effect 
as if the first purchaser of the goods or bill had expressly authorized 
the subsequent negotiation. 
§ 8@105. Title and rights affected by negotiation 
(a) TITLE.—^When a negotiable bill of lading is negotiated— 
(I) the person to whom it is negotiated acquires the title 
to the goods that— 
108 STAT. 1348 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) the person negotiating the bill had the ability to 
convey to a purchaser in good faith for value; and 
(B) the consignor and consignee had the ability to 
convey to such a purchaser; and 
(2) the common carrier issuing the bill becomes obligated 
directly to the person to whom the bill is negotiated to hold 
possession of the goods under the terms of the bill the same 
as if the carrier had issued the bill to that person. 
(b) SUPERIORITY OF RIGHTS.—When a negotiable bill of lading 
is negotiated to a person for value in good faith, that person's 
right to the goods for which the bill was issued is superior to 
a seller's lien or to a right to stop the transportation of the goods. 
This subsection applies whether the negotiation is made before 
or after the common carrier issuing the bill receives notice of 
the seller's claim. The carrier may deliver the goods to an unpaid 
seller only if the bill first is surrendered for cancellation. 
(c) MORTGAGEE AND LIEN HOLDER RIGHTS NOT AFFECTED.— 
Except as provided in subsection (b) of this section, this chapter 
does not limit a right of a mortgagee or lien holder having a 
mortgage or lien on goods against a person that purchased for 
value in good faith from the owner, and got possession of the 
goods immediately before delivery to the common carrier. 
§ 80106. Transfer without negotiation 
(a) DELIVERY AND AGREEMENT.—The holder of a bill of lading 
may trsinsfer the bill without negotiating it by delivery and agree-
ment to transfer title to the bill or to the goods represented by 
it. Subject to the agreement, the person to whom the bill is trans-
ferred has title to the goods against the transferor. 
(b) COMPELLING INDORSEMENT.—When a negotiable bill of lad-
ing is transferred for value by delivery without being negotiated 
and indorsement of the transferor is essential for negotiation, the 
transferee may compel the transferor to indorse the bill unless 
a contrary intention appears. The negotiation is effective when 
the indorsement is made. 
(c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies 
the common carrier that a nonnegotiable bill of lading has been 
transferred under subsection (a) of this section, the carrier is obli-
gated directly to the transferee for any obligations the carrier 
owed to the transferor immediately before the notification. However, 
before the carrier is notified, the transferee's title to the goods 
and right to acquire the obligations of the carrier may be defeated 
b y -
(A) garnishment, attachment, or execution on the goods 
by a creditor of the transferor; or 
(B) notice to the carrier by the transferor or a purchaser 
from the transferor of a later purchase of the goods from 
the transferor. 
(2) A common carrier has been notified under this subsection 
only if— 
(A) an officer or agent of the carrier, whose actual or 
apparent authority includes acting on the notification, has been 
notified; and 
(B) the officer or agent has had time, exercising reasonable 
diligence, to communicate with the agent having possession 
or control of the goods. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1349 
§ 80107. Warranties and liability 
(a) GENERAL RULE.—^Unless a contrary intention appears, a 
person negotiating or transferring a bill of lading for value warrants 
that— 
(1) the bill is genuine; 
(2) the person has the right to transfer the bill and the 
title to the goods described in the bill; 
(3) the person does not know of a fact that would affect 
the validity or worth of the bill; and 
(4) the goods are merchantable or fit for a particular pur-
pose when merchantability or fitness would have been implied 
if the agreement of the parties had been to transfer the goods 
without a bill of lading. 
(b) SECURITY FOR DEBT.—^A person holding a bill of lading 
as security for a debt and in good faith demanding or receiving 
payment of the debt from another person does not warrant by 
the demand or receipt— 
(1) the genuineness of the bill; or 
(2) the quantity or quality of the goods described in the 
bill. 
(c) DUPLICATES.—A common carrier issuing a bill of lading, 
on the face of which is the word "duplicate" or another word 
indicating that the bill is not an original bill, is liable the same 
as a person that represents and warrants that the bill is an accurate 
copy of an original bill properly issued. The carrier is not otherwise 
liable under the bill. 
(d) INDORSER LIABILITY.—Indorsement of a bill of lading does 
not make the indorser liable for failure of the common carrier 
or a previous indorser to fulfill its obligations. 
§ 80108. Alterations and additions 
An alteration or addition to a bill of lading after its issuance 
by a common carrier, without authorization from the carrier in 
writing or noted on the bill, is void. However, the original terms 
of the bill are enforceable, 
§ 80109. Liens under negotiable bills 
A common carrier issuing a negotiable bill of lading has a 
lien on the goods covered by the bill for— 
(1) charges for storage, transportation, and delivery (includ-
ing demurrage and terminal charges), and expenses necessary 
to preserve the goods or incidental to transporting the goods 
after the date of the bill; and 
(2) other charges for which the bill expressly specifies a 
lien is claimed to the extent the charges are allowed by law 
and the agreement between the consignor and carrier. 
§80110. Duty to deliver goods 
(a) GENERAL RULES.—Except to the extent a common carrier 
establishes an excuse provided by law, the carrier must deliver 
goods covered by a bill of lading on demand of the consignee 
named in a nonnegotiable bill or the holder of a negotiable bill 
for the goods when the consignee or holder— 
(1) offers in good faith to satisfy the lien of the carrier 
on the goods; 
(2) has possession of the bill and, if a negotiable bill, 
offers to indorse and give the bill to the carrier; and 
108 STAT. 1350 
PUBLIC LAW 103-272—JULY 5, 1994 
(3) agrees to sign, on delivery of the goods, a receipt for 
delivery if requested by the carrier. 
(b) PERSONS TO WHOM GOODS MAY BE DELIVERED.—Subject 
to section 80111 of this title, a common carrier may deliver the 
goods covered by a bill of lading to— 
(1) a person entitled to their possession; 
(2) the consignee named in a nonnegotiable bill; or 
(3) a person in possession of a negotiable bill if— 
(A) the goods are deliverable to the order of that per-
son; or 
(B) the bill has been indorsed to that person or in 
blank by the consignee or another indorsee. 
(c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.^A 
claim by a common carrier that the carrier has title to goods 
or right to their possession is an excuse for nondelivery of the 
goods only if the title or right is derived from— 
(1) a transfer made by the consignor or consignee after 
the shipment; or 
(2) the carrier's lien. 
(d) ADVERSE CLAIMS.—If a person other than the consignee 
or the person in possession of a bill of lading claims title to or 
possession of goods and the common carrier fciows of the claim, 
the carrier is not required to deliver the goods to any claimant 
until the carrier has had a reasonable time to decide the validity 
of the adverse claim or to bring a civil action to require all claimants 
to interplead. 
(e) INTERPLEADER.—If at least 2 persons claim title to or posses-
sion of the goods, the common carrier may— 
(1) bring a civil action to interplead all known claimants 
to the goods; or 
(2) require those claimants to interplead as a defense in 
an action brought against the carrier for nondelivery. 
(0 THIRD PERSON CLAIMS NOT A DEFENSE.—^Except as provided 
in subsections (b), (d), and (e) of this section, title or a right 
of a third person is not a defense to an action brought by the 
consignee of a nonnegotiable bill of lading or by the holder of 
a negotiable bill against the common carrier for failure to deliver 
the goods on demand unless enforced by legal process. 
§80111. Liability for delivery of goods 
(a) GENERAL RULES.—^A common carrier is liable for damages 
to a person having title to, or right to possession of, goods when— 
(1) the carrier delivers the goods to a person not entitled 
to their possession unless the delivery is authorized under 
section 80110(b)(2) or (3) of this title; 
(2) the carrier makes a delivery under section 80110(bX2) 
or (3) of this title after being requested by or for a person 
having title to, or right to possession of, the goods not to 
make the delivery; or 
(3) at the time of delivery under section 80110(b)(2) or 
(3) of this title, the carrier has information it is delivering 
t 
the goods to a person not entitled to their possession. 
! 
(b) EFFECTIVENESS OF REQUEST OR INFORMATION.—-A request 
or information is effective under subsection (a)(2) or (3) of this 
section only if— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1351 
(1) an officer or agent of the carrier, whose actual or 
apparent authority includes acting on the request or informa-
tion, has been given the request or information; and 
(2) the officer or agent has had time, exercising reasonable 
diligence, to stop delivery of the goods. 
(c) FAILURE TO TAKE AND CANCEL BILLS.—Except as provided 
in subsection (d) of this section, if a common carrier delivers goods 
for which a negotiable bill of lading has been issued without taking 
and canceling the bill, the carrier is liable for damages for failure 
to deliver the goods to a person purchasing the bill for value 
in good faith whether the purchase was before or after delivery 
and even when deliver)^ was made to the person entitled to the 
goods. The carrier also is liable under this paragraph if part of 
the goods are delivered without taking and canceling the bill or 
plainly noting on the bill that a partial delivery was made and 
generally describing the goods or the remaining goods kept by 
the carrier. 
(d) EXCEPTIONS TO LL\BILITY.—A common carrier is not liable 
for failure to deliver goods to the consignee or owner of the goods 
or a holder of the bill i
f
— 
(1) a delivery described in subsection (c) of this section 
was compelled by legal process; 
(2) the goods have been sold lawfully to satisfy the carrier's 
lien; 
(3) the goods have not been claimed; or 
(4) the goods are perishable or hazardous. 
§80112. Liability under negotiable bills issued in parts, sets, 
or duplicates 
(a) PARTS AND SETS.—^A negotiable bill of lading issued in 
a State for the transportation of goods to a place in the 48 contig-
uous States or the District of Columbia may not be issued in 
parts or sets. A common carrier issuing a bill in violation of this 
subsection is liable for damages for failure to deliver the goods 
to a purchaser of one part for value in good faith even though 
the purchase occurred iifter the carrier delivered the goods to a 
holder of one of the other parts. 
(b) DUPLICATES.—^When at least 2 negotiable bills of lading 
are issued in a State for the same goods to be transported to 
a place in the 48 contiguous States or the District of Columbia, 
the word "duplicate" or another word indicating that the bill is 
not an original must be put plainly on the face of each bill except 
the original. A common carrier violating this subsection is liable 
for damages caused by the violation to a purchaser of the bill 
' 
for value in good faith as an original bill even though the purchase 
occurred after the carrier delivered the goods to the holder of 
the original bill. 
§80113. Liability 
for 
nonreceipt, 
misdescription, 
and 
improper loading 
(a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except 
as provided in this section, a common carrier issuing a bill of 
lading is liable for damages caused by nonreceipt by the carrier 
of any part of the goods by the date shown in the bill or by 
failure of the goods to correspond with the description contained 
in the bill. The carrier is liable to the owner of goods transported 
under a nonnegotiable bill (subject to the right of stoppage in 
108 STAT. 1352 
PUBLIC LAW 103-272—JULY 5, 1994 
transit) or to the holder of a negotiable bill if the owner or holder 
gave value in good faith relying on the description of the goods 
in the bill or on the shipment being made on the date shown 
in the bill. 
(b) NONLIABILITY OF CARRIERS.—A common carrier issuing a 
bill of lading is not liable under subsection (a) of this section— 
(1) when the goods are loaded by the shipper; 
(2) when the bill— 
(A) describes the goods in terms of marks or labels, 
or in a statement about kind, quantity, or condition; or 
(B) is qualified by "contents or condition of contents 
of packages unknown", "said to contain", "shipper's weight, 
load, and count", or words of the same meaning; and 
(3) to the extent the carrier does not know whether any 
part of the goods were received or conform to the description. 
(c) LIABILITY FOR IMPROPER LOADING.—^A common carrier issu-
ing a bill of lading is not liable for damages caused by improper 
loading if— 
(1) the shipper loads the goods; and 
(2) the bill contains the words "shipper's weight, load, 
and count", or words of the same meaning indicating the ship-
per loaded the goods. 
(d) CARRIER'S DUTY TO DETERMINE KIND, QUANTITY, AND NUM-
BER.—(1) When bulk freight is loaded by a shipper that makes 
available to the common carrier adequate facilities for weighing 
the freight, the carrier must determine the kind and quantity 
of the freight within a reasonable time after receiving the written 
request of the shipper to make the determination. In that situation, 
inserting the words "shipper's weight" or words of the same meaning 
in the bill of lading has no effect. 
(2) When goods are loaded by a common carrier, the carrier 
must count the packages of goods, if package freight, and determine 
the kind and quantity, if bulk freight. In that situation, inserting 
in the bill of lading or in a notice, receipt, contract, rule, or tariff, 
the words "shippers weight, load, and count" or words indicating 
that the shipper described and loaded the goods, has no effect 
except for freight concealed by packages. 
§80114. Lost, stolen, and destroyed negotiable bills 
(a) DELIVERY ON COURT ORDER AND SURETY BOND.—If a nego-
tiable bill of lading is lost, stolen, or destroyed, a court of competent 
jurisdiction may order the common carrier to deliver the goods 
if the person claiming the goods gives a surety bond, in an amount 
approved by the court, to indemnify the carrier or a person injured 
by delivery against liability under the outstanding original bill. 
The court also may order payment of reasonable costs and attorney's 
fees to the carrier. A voluntary surety bond, without court order, 
is binding on the parties to the bond. 
(b) LIABILITY TO HOLDER.—Delivery of goods under a court 
order under subsection (a) of this section does not relieve a common 
carrier from liability to a person to whom the negotiable bill has 
been or is negotiated for value without notice of the court proceeding 
or of the delivery of the goods. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1353 
§80115. Limitation on use of judicial process to obtain 
possession of goods from conunon carriers 
(a) ATTACHMENT AND LEVY.—Except when a negotiable bill 
of lading was issued originally on delivery of goods by a person 
that did not have the power to dispose of the goods, goods in 
the possession of a common carrier for which a negotiable bill 
has been issued may be attached through judicial process or levied 
on in execution of a judgment only if the bill is surrendered to 
the carrier or its negotiation is enjoined. 
(b) DELIVERY.—^A common carrier may be compelled by judicial 
process to deliver goods under subsection (a) of this section only 
when the bill is surrendered to the carrier or impounded by the 
court. 
§80116. Criminal penalty 
A person shall be fined under title 18, imprisoned for not 
more than 5 years, or both, if the person— 
(1) violates this chapter with intent to defraud; or 
(2) knowingly or with intent to defraud— 
(A) falsely makes, alters, or copies a bill of lading 
subject to this chapter; 
(B) utters, publishes, or issues a falsely made, altered, 
or copied bill subject to this chapter; or 
(C) negotiates or transfers for value a bill containing 
a false statement. 
CHAPTER 803—CONTRABAND 
Sec. 
80301. 
Definitions. 
80302. Prohibitions. 
80303. Seizure and forfeiture. 
80304. Administrative. 
80305. Availability of certain appropriations. 
80306. Relationship to other laws. 
§80301. Definitions 
In this chapter— 
(1) "aircraft" means a contrivance used, or capable of being 
used, for transportation in the air. 
(2) "vehicle" means a contrivance used, or capable of being 
used, for transportation on, below, or above land, but does 
not include aircraft. 
(3) "vessel" means a contrivance used, or capable of being 
used, for transportation in water, but does not include aircraft. 
§80302. Prohibitions 
(a) DEFINITION.—In this section, "contraband" means— 
(1) a narcotic drug (as defined in section 102 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 802)), including marihuana (as defined in section 
102 of that Act (21 U.S.C. 802)), that— 
(A) is possessed with intent to sell or offer for sale 
in violation of the laws and regulations of the United 
States; 
(B) is acquired, possessed, sold, transferred, or offered 
for sale in violation of those laws; 
(C) is acquired by theft, robbery, or burglary and 
transported— 
108 STAT. 1354 
PUBLIC LAW 103-272—JULY 5, 1994 
(i) in the District of Columbia or a territory or 
possession of the United States; or 
(ii) from a place in a State, the District of Colum-
bia, or a territory or possession of the United States, 
to a place in another State, the District of Columbia, 
or a territory or possession; or 
(D) does not bear tax-paid internal revenue stamps 
required by those laws or regulations; 
(2) a firearm involved in a violation of chapter 53 of the 
Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.); 
(3) a forged, altered, or counterfeit— 
(A) coin or an obligation or other security of the United 
States Grovemment (as defined in section 8 of title 18); 
or 
(B) coin, obligation, or other security of the government 
of a foreign country; 
(4) material or equipment used, or intended to be used, 
in making a coin, obligation, or other security referred to in 
clause (3) of this subsection; or 
(5) a cigarette involved in a violation of chapter 114 of 
title 18 or a regulation prescribed under chapter 114. 
(b) PROHIBITIONS.—A person may not— 
(1) transport contraband in an aircraft, vehicle, or vessel; 
(2) conceal or possess contraband on an aircraft, vehicle, 
or vessel; or 
(3) use an aircraft, vehicle, or vessel to facilitate the 
transportation, concealment, receipt, possession, purchase, sale, 
exchange, or giving away of contraband. 
§80303. Seizure and forfeiture 
^ " ^ - 
The Secretary of the Treasury or the Governor of Guam or 
Marian™Islands 
°^ ^^^ Northern Mariana Islands as provided in section 80304 
of this title, or a person authorized by another law to enforce 
section 80302 of this title, shall seize an siircraft, vehicle, or vessel 
involved in a violation of section 80302 and place it in the custody 
of a person designated by the Secretary or appropriate Grovemor, 
as the case may be. The seized aircraft, vehicle, or vessel shall 
be forfeited, except when the owner establishes that a person except 
the owner committed the violation when the aircrait, vehicle, or 
vessel was in the possession of a person who got possession by 
violating a criminal law of the United States or a State. However, 
an aircraft, vehicle, or vessel used by a common carrier to provide 
transportation for compensation may be forfeited only when— 
(1) the owner, conductor, driver, pilot, or other individual 
in charge of the aircraft or vehicle (except a rail car or engine) 
consents to, or knows of, the alleged violation when the violation 
occurs; 
(2) the owner of the rail car or engine consents to, or 
knows of, the alleged violation when the violation occurs; or 
(3) the master or owner of the vessel consents to, or knows 
of, the alleged violation when the violation occurs. 
§ 80304. Administrative 
(a) GENERAL.—^Except as provided in subsections (b) and (c) 
of this section, the Secretary of the Treasury— 
(1) may designate officers, employees, agents, or other per-
sons to carry out this chapter; and 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1355 
(2) shall prescribe regulations to carry out this chapter. 
(b) IN GUAM.—^The Governor of Guam— 
(1) or officers of the government of Guam designated by 
the Governor shall carry out this chapter in Guam; 
(2) may carry out laws referred to in section 80306(b) 
of this title with modifications the Governor decides are nec-
essary to meet conditions in Guam; and 
(3) may prescribe regulations to carry out this chapter 
in Guam. 
(c) IN NORTHERN MARIANA ISLANDS.—^The Governor of the 
Northern Mariana Islands— 
(1) or officers of the government of the Northern Mariana 
Islands designated by the Governor shall carry out this chapter 
in the Northern Mariana Islands; 
(2) may carry out laws referred to in section 80306Cb) 
of this title with modifications the Governor decides are nec-
essary to meet conditions in the Northern Mariana Islands; 
and 
(3) may prescribe regulations to carry out this chapter 
in the Northern Mariana Islands. 
(d) CUSTOMS LAWS ON SEIZURE AND FORFEITURE.—The Sec-
retary, or the Governor of Guam or of the Northern Mariana Islands 
as provided in subsections (b) and (c) of this section, shall carry 
out the customs laws on the seizure and forfeiture of aircraft, 
vehicles, and vessels under this chapter. 
§ 86^5. Availability of certain appropriations 
Appropriations for enfercing customs, narcotics, countei^itiag, 
er internal revenue laws are available to carry out this chapter. 
§ 8 9 3 ^ . Relaticmship to otker laws 
(a) CHAPTER AS ADDITIONAL LAW.—^This chapter is in addition 
to another law— 
(1) imposing, or authorizing the compromise of, fines, pen-
alties, or forfeitures; or 
(2) providing for seizure, condemnation, or disposition of 
forfeited property, or the proceeds from the property. 
(b) LAWS APPLICABLE TO SEIZURES AND FORFEITURES.—^To the 
extent applicable and consistent with this chapter, the following 
apply to a seizure or forfeiture under this chapter: 
(1) provisions of law related te the seizure, forfeiture, and 
condemnation of vehicles and vessels violating the customs 
laws. 
(2) provisions of law related to the disposition of those 
vehicles or vessels or the proceeds from the sale of those 
vehicles or vessels. 
(3) provisions of law related to the compromise of those 
forfeitures or claims related to those forfeitures. 
(4) provisions of law related to the award of compensation 
to an informer about those forfeitures. 
CHAPTER 8«5—MISCELLANEOUS 
R^ulations. 
Guam. 
Northern 
Mariana Islands. 
Sec. 
80501. 
80502. 
80503. 
80504. 
Damage to transported property. 
Transportation of animals. 
Payments for inspection and quarantine services. 
Medals of honor. 
108 STAT. 1356 
PUBLIC LAW 103-272-JULY 5, 1994 
§80501. Damage to transported property 
(a) 
CRIMINAL PENALTY.—^A person willfully damaging, or 
attempting to damage, property in the possession of an air carrier, 
motor carrier, or rail carrier and being transported in interstate 
or foreign commerce, shall be fined under title 18, imprisoned 
for not more than 10 years, or both. In a criminal proceeding 
under this section, a shipping document for the property is prima 
facie evidence of the places to which and from which the property 
was being transported. 
(b) PROHIBITION AGAINST MULTIPLE PROSECUTIONS FOR SAME 
ACT.—^A person may not be prosecuted for an act under this section 
when the person has been convicted or acquitted on the merits 
for the same act under the laws of a State, the District of Columbia, 
or a territory or possession of the United States. 
§ 80502. Transportation of animals 
(a) CONFINEMENT.—(1) Except as provided in this section, a 
rail carrier, express carrier, or common carrier (except by air or 
water), a receiver, trustee, or lessee of one of those carriers, or 
an owner or master of a vessel transporting animals from a place 
in a State, the District of Columbia, or a territory or possession 
of the United States through or to a place in another State, the 
District of Columbia, or a territory or possession, may not confine 
animals in a vehicle or vessel for more than 28 consecutive hours 
without unloading the animals for feeding, water, and rest. 
(2) Sheep may be confined for an additional 8 consecutive 
hours without being unloaded when the 28-hour period of confine-
ment ends at night. Animals may be confined for— 
(A) more than 28 hours when the animals cannot be 
unloaded because of accidental or unavoidable causes that could 
not have been anticipated or avoided when being careful; and 
(B) 36 consecutive hours when the owner or person having 
custody of animals being transported requests, in writing ana 
separate from a bill of lading or other rail form, that the 
28-hour period be extended to 36 hours. 
(3) Time spent in loading and unloading animals is not included 
as part of a period of confinement under this subsection. 
(b) UNLOADING, FEEDING, WATERI5IG, AND REST.—Animals 
being transported shall be unloaded in a humane way into pens 
equipped for feeding, water, and rest for at least 5 consecutive 
hours. The owner or person having custody of the animals shall 
feed £md water the animals. When the animals are not fed and 
watered by the owner or person having custody, the rail carrier, 
express carrier, or common carrier (except by air or water), the 
receiver, trustee, or lessee of one of those carriers, or the owner 
or master of a vessel transporting the animals— 
(1) shall feed and water the smimals at the reasonable 
expense of the owner or person having custody, except that 
f the owner or shipper may provide food; 
(2) has a lien on the animeds for providing food, care, 
and custody that may be collected at the destination in the 
same way that a transportation charge is collected; and 
(3) is not liable for detgdning the animals for a reasonable 
period to comply with subsection (a) of this section. 
(c) NONAPPLICATION.—^This section does not apply when animals 
are transported in a vehicle or vessel in which the einimals have 
food, water, space, and an opportunity for rest. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1357 
(d) CIVIL PENALTY.—^A rail carrier, express carrier, or common 
carrier (except by air or water), a receiver, trustee, or lessee of 
one of those carriers, or an owner or master of a vessel that 
knowingly and willfully violates this section is liable to the United 
States Government for a civil penalty of at least $100 but not 
more than $500 for each violation. On learning of a violation, 
the Attorney General shall bring a civil action to collect the penalty 
in the district court of the United States for the judicial district 
in which the violation occurred or the defendant resides or does 
business. 
§ 80503. Payments for inspection and quarantine services 
(a) GENERAL.—(1) In this subsection— 
(A) "private aircraft" means a civilian aircraft not being 
used to transport passengers or property for compensation. 
(B) "private vessel" means a civilian vessel not being used— 
(i) to transport passengers or property for compensa-
tion; or 
(ii) in fishing or fish processing operations. 
(2) Notwithstanding section 451 of the Tariff Act of 1930 (19 
U.S.C. 1451), the owner, operator, or agent of a private aircraft 
or private vessel may pay not more than $25 for the services 
of an officer or employee of the Department of Agriculture, the 
Customs Service, the Immigration and Naturalization Service, or 
the Public Health Service (including an independent contractor 
performing an inspection service for the Public Health Service) 
when the services are performed on a Sunday, holiday, or from 
5 p.m. through 8 a.m. on a weekday, and are related to the aircraft's 
or vessel's arrival in, or departure from, the United States. However, 
the owner, operator, or agent does not have to pay for the services 
from 5 p.m. through 8 a.m. on a weekday when an officer or 
employee on regular duty is available at the place of arrival or 
departure to perform services. 
(3) The head of a department, agency, or instrumentality of 
the United States Government providing services under paragraph 
(2) of this subsection shall collect the amount paid for the services 
and deposit the amount in the Treasury. The amount shall be 
credited to the appropriation of the department, agency, or 
instrumentality against which the expense of those services was 
charged. 
(b) LIMITATIONS ON REIMBURSEMENT.—(1) An owner or operator 
of an aircraft is required to reimburse the head of a department, 
agency, or instrumentality of the Government for the expenses 
of performing an inspection or quarantine service related to the 
aircraft at a place of inspection during regular service hours on 
a Sunday or holiday only to the same extent that an owner or 
operator makes reimbursement for the service during regular serv-
ice hours on a weekday. The head of the department, agency, 
or instrumentality may not assess an owner or operator of an 
aircraft for administrative overhead expenses for inspection or quar-
antine service provided by the department, agency, or instrumental-
ity at an entry airport. 
(2) This subsection does not require reimbursement for costs 
incurred by the Secretary of the Treasury in providing customs 
services described in section 13031(e)(1) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)( 1)). 
79-194 O—95—21 : QL 3 Part 2 
108 STAT. 1358 
PUBLIC LAW 103-272—JULY 5, 1994 
President. 
§80504. Medals of honor 
(a) MEDALS,—^The President may prepare and give a bronze 
medal of honor with emblematic devices to an individual who by 
extreme daring endangers that individual's life in trying to prevent, 
or save the life of another in, a grave accident in the United 
States involving a rail carrier providing transportation in interstate 
commerce or involving a motor vehicle on the public streets, roads, 
or highways. The President may give a medal only when sufficient 
evidence that the individual deserves the medal has been filed 
under regulations prescribed by the President. 
(b) RIBBONS, KNOTS, AND ROSETTES.—The President may give 
an individual who receives a medal a ribbon to be worn with 
the medal and a knot or rosette to be worn in place of the medal. 
The President shall prescribe the design for the ribbon, knot, and 
rosette. If the ribbon is lost, destroyed, or made unfit for use 
and the individual receiving the medal is not negligent, the Presi-
dent shall issue a new ribbon without charge to the individu£d. 
(c) AVAILABILITY OF APPROPRIATIONS.—Appropriations made to 
the Secretary of Transportation are available to carry out this 
section. 
PORTS OF ENTRY 
19 use 1644a. 
SEC. 2. (a) The definitions in section 40102(a) of title 49, United 
States Code, apply to this section. 
(b)( 1) The Secretary of the Treasury may— 
(A) designate ports of entry in the United States for civil 
aircraft arriving in the United States from a place outside 
the United States and property transported on that aircraft; 
(B) detail to ports of entry officers and employees of the 
United States Customs Service the Secretary considers nec-
essary; 
(C) give an officer or employee of the United States Govern-
ment stationed at a port of entry (with the consent of the 
head of the department, agency, or instrumentality of the 
(Government with jurisdiction over the officer or employee) 
duties and powers of officers or employees of the Customs 
Service; 
(D) by regulation, apply to civil air navigation the laws 
and regulations on carrying out the customs laws, to the extent 
and under conditions the Secretary considers necessary; and 
(E) by regulation, apply to civil aircraft the laws and regula-
tions on entry and clearance of vessels, to the extent and 
under conditions the Secretary considers necessary. 
(2) A person violating a customs regulation prescribed under 
paragraph (1)(A)-(D) of this subsection or a public health or customs 
law or regulation made applicable to aircraft by a regulation under 
paragraph (1)(A)-(D) is liable to the Government for a civil penalty 
of $5,000 for each violation. An aircraft involved in the violation 
may be seized and forfeited under the customs laws. The Secretary 
of the Treasury may remit or mitigate a penalty and forfeiture 
under this paragraph. 
(3) A person violating a regulation made applicable under para-
graph (1)(E) of this subsection or an immigration regulation pre-
scribed under paragraph (1)(E) is liable to the Government for 
a civil penalty of $5,000 for each violation. The Secretary of the 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT, 1359 
Treasury or the Attorney General may remit or mitigate a penalty 
under this paragraph. 
(4) In addition to any other penalty, when a controlled sub-
stance described in section 584 of the Tariff Act of 1930 (19 U.S.C. 
1584) is found on, or to have been unloaded from, an aircraft 
to which this subsection applies, the owner of, or individual 
commanding, the aircraft is liable to the Government for the pen-
alties provided in section 584 for each violation unless the owner 
or individual, by a preponderance of the evidence, demonstrates 
that the owner or individual did not know, and by exercising the 
highest degree of care and diligence, could not have known, that 
a controlled substance was on the aircraft. 
(5) If a violation under this subsection is by the owner or 
operator of, or individual commanding, the aircraft, the aircraft 
is subject to a lien for the penalty. 
(c)(1) The Secretary of Agriculture by regulation may apply 
laws and regulations on animal and plant quarantine (including 
laws and regulations on importing, exporting, transporting, and 
quarantining animals, plants, animal and plant products, insects, 
bacterial and fungus cultures, viruses, and serums) to civil air 
navigation to the extent and under conditions the Secretary consid-
ers necessary. 
(2) A person violating a law or regulation made applicable 
under paragraph (1) of this subsection is liable for the penalties 
provided under that law or regulation. 
(d) A decision to remit or mitigate a civil penalty under this 
section is final. When libel proceedings are pending during a 
proceeding to remit or mitigate a penalty, the appropriate Secretary 
shall notify the Attorney General of the remission or mitigation 
proceeding. 
(e)(1) An aircraft subject to a lien under this section may 
be seized summarily by and placed in the custody of a person 
authorized by regulations of the appropriate Secretary or the Attor-
ney General. A report of the case shall be sent to the Attorney 
General. The Attorney General shall bring promptly a civil action 
in rem to enforce the lien or notify the appropriate Secretary 
that the action will not be brought. 
(2) An aircraft seized under this section shall be released from 
custody when— 
(A) the civil penalty or amount not remitted or mitigated 
is paid; 
(B) the aircraft is seized under process of a court in a 
civil action in rem to enforce the lien; 
(C) the Attorney General gives notice that a civil action 
will not be brought .under paragraph (1) of this subsection; 
or 
(D) a bond is deposited with the appropriate Secretary 
or the Attorney General in an amount and with a surety 
the appropriate Secretary or the Attorney General prescribes, 
conditioned on payment of the penalty or amount not remitted 
or mitigated. 
(f) A civil penalty under this section may be collected by bring-
ing a civil action against the person subject to the penalty, a 
civil action in rem against an aircraft subject to a lien for a penalty, 
or both. The action shall conform as nearly as practicable to a 
civil action in admiralty, regardless of the place an aircraft in 
a civil action in rem is seized. However, a party may demand 
108 STAT. 1360 
PUBLIC LAW 103-272—JULY 5, 1994 
a trial by jury of an issue of fact if the value of the matter 
in controversy is more than $20. An issue of fact tried by jury 
may be reexamined only under common law rules. 
(g) Necessary amounts may be appropriated to allow the head 
of a department, agency, or instrumentality of the Government 
to acquire space at a public airport (as defined in section 47102 
of title 49) when the head decides the space is necessary to carry 
out inspections, clearance, collection of taxes or duties, or a similar 
responsibility of the head, related to transporting passengers or 
property in air commerce. The head must consult with the Secretary 
of Transportation before making a decision on space. 
MASS TRANSPORTATION EXEMPTION 
SEC. 3. Chapter 105 of title 49, United States Code, is amended 
as follows: 
(1) Insert immediately after section 10530 the following 
new section: 
''§10531. Mass transportation exemption 
"(a) DEFINITIONS.—The definitions in section 5302(a) of this 
title apply to this section. 
"(b) PETITION FOR GRANTING EXEMPTIONS.—A State or local 
governmental authority may petition the Interstate Commerce 
Commission for an exemption from the jurisdiction of the Commis-
sion under this subchapter for mass transportation the authority 
provides or has provided to it by contract. Not later than 180 
days after the Commission receives a petition and after notice 
and a reasonable opportunity for a proceeding, the Commission 
shall exempt the State, local governmental authority, or contractor 
unless the Commission finds that— 
"(1) the public interest would not be served by an exemp-
tion; 
"(2) the exemption would result in an unreasonable burden 
on interstate or foreign commerce; or 
"(3) a State or local governmental authority may not regu-
late the mass transportation to be exempt under this section. 
"(c) APPLICATION OF OTHER LAWS.—All applicable laws of the 
United States related to SEifety and to representation of employees 
for collective bargaining purposes, retirement, annuities, and 
unemployment systems, and all other laws related to employee-
employer relations, apply to a State or local governmental authority 
that was granted, or whose contractor was granted, an exemption 
under this section. 
"(d) CHANGING AND REVOKING EXEMPTIONS.—^The Commission 
may change or revoke an exemption if it finds that new evidence, 
material error, or changed circumstances exist that materially affect 
the original order. The Commission may act on its own initiative 
or on application of an interested party." 
(2) Insert immediately below item 10530 in the analysis 
of the chapter the following new item: 
"10531. Mass transportation exemption.". 
CONFORMING PROVISIONS 
SEC. 4. (a) Section 401 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 451) is amended by striking "Civil Aeronautics 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1361 
Board" and "Board or Commission" and substituting "Secretary 
of Transportation" and "Secretary under subpart II of part A of 
subtitle VII of title 49, United States Code, or such Commission,", 
respectively. 
(b) Title 5, United States Code, is amended as follows: 
(1) In section 5109, add at the end of the section the 
following new subsection: 
"(c)(1) The position held by a fully experienced and qualified 
railroad safety inspector of the Department of Transportation shall 
be classified in accordance with tnis chapter, but not lower than 
GS-12. 
"(2) The position held by a railroad safety specialist of the 
Department shall be classified in accordance with this chapter, 
but not lower than GS-13.". 
(2) In section 5315, strike— 
"Administrator of the St. Lawrence Seaway Development 
Corporation." 
and substitute— 
"Administrator of the Saint Lawrence Seaway Development 
Corporation.". 
(3) In section 8172, strike "Secretary of the Treasury" and 
substitute "Secretary of Transportation". 
(c) Section 511(e) of the Motor Vehicle Information and Cost 
Savings Act (15 U.S.C. 2011(e)) is amended to read as follows: 
"(e) For purposes of this section— 
"(1) 'retrofit device' means any component, equipment, or 
other device— 
"(A) which is designed to be installed in or on an 
automobile (as an addition to, as a replacement for, or 
through alteration or modification of, any original compo-
nent, equipment, or other device); and 
"(B) which any manufacturer, dealer, or distributor 
of such device represents will provide higher fuel economy 
than would have resulted with the automobile as originally 
equipped, 
as determined under rules of the Administrator. Such term 
also includes a fuel additive for use in an automobile. 
"(2) the definitions in section 32901(a) of title 49, United 
States Code, apply.". 
(d) Section 6001(1) of title 18, United States Code, is amended 
by striking "the Civil Aeronautics Board,". 
(e) Chapter 33 of title 28, United States Code, is amended 
as follows: 
(1) Insert immediately after section 537 the following new 
section: 
*
*
§ 538. Investigation of aircraft piracy and related violations 
"The Federal Bureau of Investigation shall investigate any 
violation of section 46314 or chapter 465 of title 49." 
(2) In the analysis of chapter 33, insert immediately after 
item 537 the following new item: 
"538. Investigation of aircraft piracy and related violations.". 
(f)(1) Title 31, United States Code, is amended as follows: 
(A) In section 309, strike "section 2A(a)" and substitute 
"section 3(a)". 
(B) In section 503(b)(9), strike "perform" and substitute 
"Perform". 
108 STAT. 1362 
PUBLIC LAW 103-272—JULY 5, 1994 
(C) In the analysis of chapter 7, immediately above item 
781, strike— 
"Sec". 
(D) In section 782, strike "612a)." and substitute "612a)).". 
(E) In section 1105(a), strike— 
"(26) a separate" 
and substitute— 
"(27) a separate". 
(F) Section 1352 is amended as follows: 
(i) Immediately below subsection (b)(7), strike— 
"(C)(1) Any" 
and substitute— 
"(c)(1) Any". 
(ii) In subsection (e)(1)(C), strike "appropirated" and 
^' 
"law" and substitute "appropriated" and "law,", respec-
tively. 
(iii) In subsection (h)(7), strike "agency" and "guaranty" 
and substitute "agency." and "guaranty.", respectively. 
(G) The analysis of chapter 33 is amended by inserting 
below item 3333 the following new item: 
"3334. Cancellation and proceeds distribution of Treasury checks." 
,, 
(H) In section 3302(c)(1), strike the comma at the end 
and substitute a period. 
(I) In section 3330(d)(1)(B), strike "Administrator" and sub-
stitute "Secretary of Veterans Affairs". 
(J)(i) In section 3512(c)(1), strike "subsection (a)(3)" and 
substitute "subsection (b)(3)". 
(ii) In section 3512(d)(1) and (2), strike "subsection (b)" 
wherever it appears and substitute "subsection (c)". 
(K) In section 3551(1), strike "an Federal" and substitute 
"a Federal". 
(L) In section 3552, strike "section 111(h)" and "(40 U.S.C. 
759(h))" and substitute "section 111(f)" and "(40 U.S.C. 759(f))", 
respectively. 
(M) 
In 
section 
3718(b)(3)(A), 
strike 
"15 
U.S.C. 
6376(d)(3)(C)(i)" and substitute "15 U.S.C. 637(d)(3)(C)(i)". 
(N) In section 3726(d), strike "miscellaneous receipt" and 
substitute "miscellaneous receipts". 
(O) In section 3729(e), strike "1954" and substitute "1986". 
(P) In section 3730(e)(2)(B), strike "section paragraphs (1)" 
and substitute "paragraphs (1)". 
(Q) In section 3801(a)(7)(B)(ii), strike "section 3803 of such 
title" and substitute "section 3803 of this title". 
(R) In section 5112(h), strike "title 31, United States Code" 
and substitute "this title". 
(S) In section 6101(4)(B), strike "agency" and substitute 
"agency.". 
(T) In the catchline of section 6202, strike "form" and 
substitute "form,". 
(U)(i) At the end of the analysis of chapter 69, add the 
following new item: 
"6907. State legislation requiring reallocation or redistribution of payments to 
smaller units of general pxirpose government.". 
(ii) Section 6907 is amended by adding before subsection 
(a) the following: 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1363 
'^§6907. State legislation requiring reallocation or redis-
tribution of payments to smaller units of general 
purpose government". 
(V) In section 7102(3), strike "politicial" and substitute 
"political". 
(W) Section 7502 is amended as follows: 
(i) In subsection (b)(2)(A), strike "the date of enactment 
of this chapter" and substitute "October 19, 1984". 
(ii) In subsection (b)(2)(B), strike "such date" and sub-
stitute "October 19, 1984". 
(iii) In subsection (d), strike paragraph (5) and redesig-
nate paragraph (6) as paragraph (5). 
(iv) In subsection (g), strike "section 3512(b)" and sub-
stitute "section 3512(c)". 
(X) In section 7503(a), strike "To the extend" and substitute 
"To the extent". 
(Y)(i) Subtitle V is amended by adding at the end of the 
subtitle the following new chapter: 
"CHAPTER 77—LOAN REQUIREMENTS 
"Sec. 
"7701. Taixpayer identifying number. 
"§7701. Taxpayer identifying number 
"(a) In this section— 
"(1)'included Federal loan program'has the same meaning 
given that term in section 6103(Z )(3)(C) of the Internal Revenue 
Code of 1986 (26 U.S.C. 6103(/ )(3)(C)). 
"(2) 'taxpayer identifying number' means the identifying 
number required under section 6109 of the Internal Revenue 
Code of 1986 (26 U.S.C. 6109). 
"(b) The head of an agency administering an included Federal 
loEin program shall require a person applying for a loan under 
the program to provide that person's taxpayer identifying number.". 
(ii) The analysis of subtitle V is amended by adding imme-
diately after item 75 the following new item: 
"77. Loan Requirements 
7701". 
(Z) In section 9101(2)(K), strike "The" and substitute "the". 
(AA) In section 9110(e)(1), strike "subparagraph" and sub-
stitute "section". 
(2) Effective December 22, 1987, section 407 of The Judiciary Effective date. 
Appropriation Act, 1988 (Public Law 100-202, 101 Stat. 1329-
26), is amended to read as follows: 
31USC 1344. 
"Sec. 407. Section 1344 of title 31, United States Code, is 
amended as follows: 
"(1) In subsection (b)— 
"(A) redesignate clauses (2)-(8) as clauses (3)-(9), 
respectively; 
"(B) insert below clause (1) the following: 
"'(2) the Chief Justice and the Associate Justices of 
the Supreme Court;'; 
"(C) in clause (3)(B), as redesignated by clause (A) 
of this paragraph, strike 'subparagraph (A) of this para-
graph' and substitute 'subclause (A) of this clause'; and 
"(D) in the last sentence, strike 'paragraph (8)' and 
.
? 
substitute 'clause (9)'. 
108 STAT. 1364 
PUBLIC LAW 103-272—JULY 5, 1994 
"(2) In subsection (d)— 
"(A) in paragraphs (1) and (2), strike 'paragraph (8) 
of subsection (b)' wherever it appears and substitute 'sub-
section (b)(9) of this section'; 
"(B) in paragraph (3), strike 'subsections (a)(2), 
(b)(2)(B), and (b)(8)' and 'subsection (b)(8)' and substitute 
'subsections (a)(2) and (b)(3)(B) and (9)' and 'subsection 
(b)(9)', respectively; and 
"(C) in paragraph (4), strike 'paragraphs (1), (2)(B), 
and (8) of subsection (b)' and 'paragraph (8) of subsection 
(b), and the expected duration of any authorization under 
such paragraph' and substitute 'subsection (b)(1), (3)(B), 
and (9) of this section' and 'subsection (b)(9), and the 
expected duration of any authorization under subsection 
(b)(9)', respectively. 
"(3) In subsection (e)(1), strike '(b)(8)' and substitute 
'(b)(9)'.". 
Effective date. 
(3) Effective September 27, 1988, the last sentence of the para-
graph headed "PAYMENTS IN LIEU OF TAXES" in title I of 
the Act of September 27, 1988 (Public Law 100-446, 102 Stat. 
31 use 6901. 
1775), is amended to read as follows: "Section 6901(2)(A) of title 
31, United States Code, is amended by striking 'existing in Alaska 
on October 20,1976'.". 
(g) Title 39, United States Code, is amended as follows: 
(Din section 5007— 
(A) insert the subsection designation "(a)" at the begin-
ning of the text of the section; and 
(B) add at the end of the section the following new 
subsection: 
"(b)(1) In this subsection, 'air carrier' and 'aircraft' have the 
same meanings given those terms in section 40102(a) of title 49. 
"(2) An air carrier engaged in tr£insporting mail shall carry 
without charge on any plane it operates those agents and officers 
of the Postal Service traveling on official business related to 
transporting mail by aircraft, as prescribed by regulations of the 
Secretary of Transportation, on exhibiting credentials.". 
(2) Amend section 5402 as follows: 
(A) In subsection (a), strike "section 1302" and sub-
stitute "section 40101(a)". 
(B) In subsection (b), strike "sections 137 l(k) and 
1386(b)", "sections 1301-1542", and "sections 1371-1386" 
and substitute "sections 40109(a) and (c)-(h) and 42112", 
"part A of subtitle VII", and "chapters 411 and 413", respec-
tively. 
(C) In subsection (d)— 
(i) insert "determine rates and" after "ma^'; and 
(ii) strike "and overseas". 
(D) In subsection (e)— 
(i) strike " 'overseas air transportation',"; and 
(ii) strike "section 101 of the Federal Aviation Act 
of 1958 (49 U.S.C. 1301)" and substitute "section 
40102(a) of title 49". 
(h) Section 382 of the Energy Policy and Conservation Act 
(42 U.S.C. 6362) is amended as follows: 
(1) Strike subsection (a) and substitute the following: 
"(a) In this section, 'agency' means— 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1365 
"(1) the Department of Transportation with respect to part 
A of subtitle VII of title 49, United States Code; 
"(2) the Interstate Commerce Commission; 
"(3) the Federal Maritime Commission; and 
"(4) the Federal Power Commission.". 
(2) In subsection (b), strike "subsection (a)(1)" and sub-
stitute "subsection (a)". 
(i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended 
by inserting immediately after section 4 the following new section: 
"SEC. 4A. A regulation, standard, or requirement in force, or 45 USC 54a. 
prescribed by the Secretary of Transportation under chapter 201 
of title 49, United States Code, or by a State agency that is partici-
pating in investigative and surveillance activities under section 
20105 of title 49, is deemed to be a statute under sections 3 
and 4 of this Act.". 
(j) Title 49, United States Code, is amended as follows: 
(1) In section 102, redesignate subsection (e), as enacted 
by section 1(b) of the Act of January 12, 1983 (Public Law 
97-449, 96 Stat. 2414), as subsection (f). 
(2) In section 104(b)(1), strike "Admininstrator" and sub-
stitute "Administrator". 
(3) Amend section 106 as follows: 
(A) In subsection (f), strike "Secretary shall" and sub-
stitute "Secretary of Transportation shall". 
(B) Subsection (g) is amended to read as follows: 
"(g) DUTIES AND POWERS OF ADMINISTRATOR.—(1) Except as 
provided in paragraph (2) of this subsection, the Administrator 
shall carry out— 
"(A) duties and powers of the Secretary of Transportation 
under subsection (f) of this section related to aviation safety 
(except those related to transportation, packaging, marking, 
or description of hazardous material) and stated in sections 
308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 
40109(b), 40113(a), (c), and (d), 40114(a), 40119, 44501(a) and 
(c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511-
44513, 
44701-44716, 
44718(c), 
44721(a), 
44901, 
44902, 
44903(a)-(c) and (e), 44906, 44912, 44935-44937, and 44938(a) 
and (b), chapter 451, sections 45302, 45303, 46104, 46301(d) 
and (h)(2), 46303(c), 46304-46308, 46310, 46311, and 46313-
46316, chapter 465, and sections 47504(b)(related to flight 
procedures), 47508(a), and 48107 of this title; and 
"(B) additional duties and powers prescribed by the Sec-
retary of Transportation. 
"(2) In carrying out sections 40119, 44901, 44903(a)-(c) and 
(e), 44906, 44912, 44935-44937, 44938(a) and (b), and 48107 of 
this title, paragraph (1)(A) of this subsection does not apply to 
duties and powers vested in the Director of Intelligence and Security 
by section 44931 of this title.". 
(C) In subsection (k), insert "to the Secretary of 
Transportation" immediately after "appropriated". 
(4) In section 108(a)— 
(A) strike— 
"(a) Except when operating as a service in the Navy, the" 
and substitute— 
"(a)(1) The"; and 
(B) add at the end of subsection (a) the following new 
paragraph: 
108 STAT. 1366 
PUBLIC LAW 103-272—JULY 5, 1994 
"(2) Notwithstanding paragraph (1) of this subsection, the Coast 
Guard, together with the duties and powers of the Coast Guard, 
shall operate as a service in the Navy as provided under section 
3 of title 14.". 
(5)(A) In section 110(a), strike "St. Lawrence" and sub-
stitute "Saint Lawrence". 
(B) In the analysis of chapter 1, strike— 
"110. St. Lawrence Seaway Development Corporation. 
"110. Saint Lawrence Seaway Development Corporation. 
"111. Bureau of Transportation Statistics.". 
and substitute— 
"110. Saint Lawrence Seaway Development Corporation. 
"111. Bureau of Transportation Statistics.". 
(6)(A) Chapter 3 is amended by inserting immediately after 
section 303 the following new section: 
^§ 303a. Development of water transportation 
"(a) POLICY.—It is the policy of Congress— 
"(1) to promote, encourage, and develop water trsinspor-
tation, service, and facilities for the commerce of the United 
States; and 
"(2) to foster and preserve rail and water transportation. 
"(b) DEFINITION.—In this section, 'inland waterway* includes 
the Great Lakes. 
"(c) REQUIREMENTS.—^The Secretary of Transportation shall— 
"(1) investigate the types of vessels suitable for different 
classes of inland waterways to promote, encourage, and develop 
inland waterway transportation facilities for the commerce of 
the United States; 
"(2) investigate water terminals, both for inland waterway 
trgiffic and for through traffic by water and rail, including 
the necessary docks, warehouses, and equipment, and inves-
tigate railroad spurs and switches connecting with those water 
terminals, to develop the types most appropriate for different 
locations and for transferring passengers or property between 
water carriers and rail carriers more expeditiously and economi-
cally; 
"(3) consult with communities, cities, and towns about the 
location of water terminals, and cooperate with them in prepar-
ing plans for terminal facilities; 
"(4) investigate the existing status of water transportation 
on the different inland waterways of the United States to 
learn the extent to which— 
"(A) the waterways are being used to their capacity 
and are meeting the demands of trsiffic; and 
"(B) water 
carriers 
using those waterways 
are 
interchanging traffic with rail carriers; 
"(5) investigate other matters that may promote and 
encourage inlsmd water transportation; and 
"(6) compile, publish, £ind distribute information about 
transportation on inland waterways that the Secretary consid-
ers useful to the commercial interests of the United States.". 
(B) The analysis of chapter 3 is amended by inserting 
immediately after item 303 the following new item: 
"303a. Development of water transportation.". 
(7) Amend section 329 as follows: 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1367 
(A) In subsection (b)(1)— 
(i) strike "title VII of the Federal Aviation Act 
of 1958 (49 U.S.C. 1441 et seq.)" and substitute "chap-
ter 11 of this title"; 
(ii) strike "and overseas" and "or overseas" wher-
ever it appears; and 
(iii) strike "section 419 of the Federal Aviation 
Act of 1958" and substitute "subchapter II of chapter 
417 of this title". 
(B) In subsection (d), strike "the Federal Aviation Act 
of 1958 (49 App. U.S.C. 1301 et seq.)" and substitute "part 
A of subtitle VII of this title". 
(8) In section 331(b), strike "services, supplies, and facilities 
provided under subsection (a)(1), (2), and (3) of this section" 
and substitute "medical treatment provided under subsection 
(a)(1) of this section and for supplies and services provided 
under subsection (a)(2) and (3) of this section". 
(9)(A) Sections 334 and 335 are repealed. 
(B) Items 334 and 335 in the analysis of chapter 3 are 
repealed. 
(10)(A) Chapter 3 is amended by adding immediately after 
section 336 the following: 
'^§337. Budget request for the Director of Intelligence and 
Security 
"The annual budget the Secretary of Transportation submits 
shall include a specific request for the Office of the Director of 
Intelligence and Security. In deciding on the budget request for 
the Office, the Secretary shall consider recommendations in the 
annual report submitted under section 44938(a) of this title. 
"SUBCHAPTER 
III—MISCELLANEOUS 
**§351. Judicial review of actions in carrying out certain 
transferred duties and powers 
"(a) JUDICIAL REVIEW.—^An action of the Secretary of Transpor-
tation in carrying out a duty or power transferred under the Depart-
ment of Transportation Act (Public Law 89-670, 80 Stat. 931), 
or an action of the Administrator of the Federal Railroad Adminis-
tration, the Federal Highway Administration, or the Federal Avia-
tion Administration in carrying out a duty or power specifically 
assigned to the Administrator by that Act, may be reviewed 
judicially to the same extent and in the same way as if the action 
had been an action by the department, agency, or instrumentality 
of the United States Government carrying out the duty or power 
immediately before the transfer or assignment. 
"(b) APPLICATION OF PROCEDURAL REQUIREMENTS.—^A statutory 
requirement related to notice, an opportunity for a hearing, action 
on the record, or administrative review that applied to a duty 
or power transferred by the Act applies to the Secretary or Adminis-
trator when carrying out the duty or power. 
"(c) NONAPPLICATION.—^This section does not apply to a duty 
or power transferred from the Interstate Commerce Commission 
to the Secretary under section 6(e)(l)-(4) and (6)(A) of the Act. 
108 STAT. 1368 
PUBLIC LAW 103-272—JULY 5, 1994 
*
*
§ 352. Authority to carry out certain transferred duties and 
powers 
"In carrying out a duty or power transferred under the Depart-
ment of Transportation Act (Public Law 89-670, 80 Stat. 931), 
the Secretary of Transportation and the Administrators of the Fed-
eral Railroad Administration, the Federal Highway Administration, 
and the Federal Aviation Administration have the same authority 
that was vested in the department, agency, or instrumentality 
of the United States Gk)vernment carrying out the duty or power 
immediately before the transfer. An action of the Secretary or 
Administrator in carrying out the duty or power has the same 
effect as when carried out by the department, agency, or instru-
mentality. 
*
*
§ 353. Toxicological testing of officers and employees 
"(a) COLLECTING SPECIMENS.—When the Secretary of Transpor-
tation or the head of a component of the Department of Transpor-
tation conducts post-accident or post-incident toxicological testing 
of an officer or employee of the Department, the Secretary or 
head shall collect the specimen from the officer or employee as 
soon as practicable after the accident or incident. The Secretary 
or head shall try to collect the specimen not later than 4 hours 
after the accident or incident. 
"(b) REPORTS.—The head of each component shall submit a 
report to the Secretary on the circumstances about the amount 
of time required to collect the specimen for a toxicological test 
conducted on an officer or employee who is reasonably associated 
with the circumstances of an accident or incident under the inves-
tigative jurisdiction of the National Transportation Safety Board. 
"(c) NONCOMPLIANCE NOT A DEFENSE.—An officer or employee 
required to submit to toxicological testing may not assert failure 
to comply with this section as a claim, cause of action, or defense 
in an administrative or judicial proceeding.". 
(B) The analysis of chapter 3 is amended by adding imme-
diately after item 336 the following: 
"337. 
Budget request for the Director of Intelligence and Security. 
"SUBCHAPTER III—MISCELLANEOUS 
"351. Judicial review of actions in carrying out certain transferred duties and pow-
ers. 
"352. 
Authority to carry out certain transferred duties and powers. 
"353. 
Toxicological testing of officers and employees.". 
(11)(A) In section 501(a), strike clauses (4)-(9). 
(B) Strike section 508. 
(C) In the analysis of chapter 105, strike the item related 
to section 508. 
(D) In section 521(b)(2)(A), strike "section 508" and sub-
stitute "chapter 59". 
(12) In sections 502(e)(2) and 10321(d)(3), insert "judge" 
after "United States magistrate". 
(13) Section 10362(b)(5) is amended to read as follows: 
"(5) prescribe regulations that contain standards for the 
computation of subsidies for rail passenger transportation 
(except passenger transportation compensation disputes subject 
to the jurisdiction of the Commission under sections 24308(a) 
and 24903(c)(2) of this title) that are consistent with the com-
pensation principles described in the final system plan estab-
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1369 
lished under the Regional Rail Reorganization Act of 1973 
(45 U.S.C. 701 et seq.) and that avoid cross-subsidization among 
commuter, intercity, and freight rail transportation;". 
(14) In sections 10363(c) and 10383(c), strike "rate for 
GS-18" and substitute "maximum rate payable under section 
5376 of title 5". 
(15) In section 10501(d)— 
(A) strike "procedures of this title" and substitute 
"procedures of this subtitle"; and 
(B) strike "provided in this title" and substitute "pro-
vided in this subtitle". 
(16) In section 10504— 
(A) strike "local public body" wherever it appears and 
substitute "local governmental authority"; 
(B) strike 
rail mass transportation" wherever it 
appears and substitute "mass transportation"; 
(C) in subsection (a)(1)(A), strike "section 1608(c)(2)" 
and substitute "section 5302(a)"; and 
(D) in subsection (a)(2), strike "section 1608(c)(5)" and 
substitute "section 5302(a)". 
(17) In section 10526(a)— 
(A) in clause (8)(B), strike "Civil Aeronautics Board 
or its successor agency" and substitute "Secretary of 
Transportation"; 
(B) in clause (10), strike "work." and substitute "work;"; 
(C) in clause (13), strike "or"; and 
(D) in clause (14), strike "title." and substitute "title; 
or". 
(18) In section 10530(i)(3), strike "notifed" and substitute 
"notified". 
(19) In section 10701a(b)(3), strike "policy of this title" 
and substitute "policy of this subtitle". 
(20) In section 10705a(g)(3)— 
(A) before clause (A), strike "provision of this title" 
and substitute "provision of this subtitle"; and 
(B) in clause (A), strike "service over any rate" and 
substitute "service over any route". 
(21) In section 10707(d)— 
(A) in paragraph (2), strike "under this title" and sub-
stitute "under this subtitle"; and 
(B) in paragraph (3), strike "title" wherever it appears 
and substitute "subtitle". 
(22) In section 10707a(b)(l), strike "paragraph (2)" and 
substitute "paragraph (3)". 
(23) In section 10731(e), strike "provision of this title" 
and substitute "provision of this subtitle". 
(24) In section 10749(b)(2), strike "Civil Aeronautics Board 
under the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 
et seq.)" and substitute "Secretary of Transportation under 
part A of subtitle VII of this title". 
(25) In section 10751(b), strike "purposes of this title" and 
substitute "purposes of this subtitle". 
(26) In section 10905(d)(1) and (e), strike "government 
.: 
authority" and substitute "governmental authority. 
(27) In section 10910— 
(A) in subsection (a)(1), strike "government authority" 
and substitute "governmental authority"; and 
108 STAT. 1370 
PUBLIC LAW 103-272—JULY 5, 1994 
(B) in subsection (g)(1), strike "provisions of this title" 
and substitute "provisions of this subtitle", 
(28) In section 10924(e), insert "of after "protection". 
(29) In the analysis of chapter 111— 
(A) in item 11128, strike "Water" and substitute "War"; 
and 
(B) in item 11142, strike "systems" and substitute "sys-
tem". 
(30) In section 11162(a), strike "proceedings under this 
title" and substitute "proceedings under this subtitle". 
(31) In section 11163, strike "purposes of this title" and 
substitute "purposes of this subtitle". 
(32) In section 11166(a), strike "pursuant to this title" 
and substitute "under this subtitle". 
(33) In section 11167, strike "under this title" and sub-
stitute "under this subtitle". 
(34) In section 11501(b)(3)(A), strike "title" and substitute 
"subtitle". 
(35) In section 11909(b), strike "1966,," and substitute 
"1966,". 
Effective date. 
(k) Effective January 1, 1999, the following sections of title 
49, United States Code, as enacted by section 1 of this Act, are 
amended as follows: 
(1) In sections 41107, 41901(b)(1), 41902(a), and 41903, 
strike "transportation or between places in Alaska" wher-
ever it appears and substitute "transportation". 
(2) Strike section 41901(g). 
(3) In section 41902(b)— 
(A) strike clause (3); and 
(B) in clause (4), strike "clauses (l)-(3)" and sub-
stitute "clauses (1) and (2)". 
(1) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended 
as follows: 
9^(w^AnF^9AnR 
^^^ Except as provided in paragraphs (2) and (3) of this 
2407 
subsection, strike "Administrator" wherever it appears and sub-
stitute "Secretary". 
49 use app. 
(2) In subsection (a) of the first section, strike " Adminis-
^^- 
trator' means the Administrator of the Federal Aviation 
Agency" and substitute "'Secretary means the Secretary of 
Transportation". 
49 use app. 
(3) In section 4(a), strike "Administrator, and any Federal 
Aviation Agency" and substitute "Secretary, and any Depart-
ment of Transportation". 
49 use app. 
(4) In section 6, strike "United States commissioner" wher-
2'*06- 
ever it appears and substitute "United States magistrate judge", 
(m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770), 
is amended as follows: 
49 use app. 
(1) Except as provided in paragraph (2) of this subsection, 
2422-2430. 
strike "Administrator" wherever it appears and substitute "Sec-
retary". 
49 use app. 
(2) In the first section, strike "Administrator of the Federal 
Aviation Agency" and "'Administrator'" and substitute "Sec-
retary of Transportation" and "'Secretary'", respectively. 
49 use app. 
(3) In sections 4 and 8(a), strike "Federal Aviation Agency" 
2424, 2428. 
g^^^ substitute "Department of Transportation". 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1371 
(4) In section 8(d), strike "United States Commissioner" 
wherever it appears and substitute "United States magistrate 
judge". 
(n) Section lOKlst complete par. on p. 646) of the Act of 
August 30, 1964 (Public Law 88-507, 78 Stat. 646), is amended 
by striking "Administrator of the Federal Aviation Agency" and 
substituting "Secretary of Transportation". 
(o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public 
Law 100-690,102 Stat. 4531) is amended as follows: 
(1) In the introductory language of subsection (b)(1), strike 
"Subsection (b) of section 10530 of such title is amended by 
striking out paragraph (1) and inserting in lieu thereof the 
following new paragraph:" and substitute "Subsection (b)(1) 
of section 10530 of title 49 is amended to read as follows:". 
(2) In subsection (bX2), strike "Such subsection" and sub-
stitute "Subsection (b) of section 10530". 
(3) In the introductory language of subsection (f)(1), strike 
"Subsection (g) of such section is amended by striking out 
paragraph (1) and inserting in lieu thereof the following:" and 
substitute "Subsection (g)(1) of section 10530 of title 49 is 
amended to read as follows:". 
(4) In subsection (f)(2), strike "Such subsection" and sub-
stitute "Subsection (g) of section 10530". 
(p) Section 4007(e) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 2153) is 
amended by inserting "and section 31307 of title 49, United States 
Code" immediately after "this section". 
(q) The revision of regulations, referred 
to in 
section 
32705(b)(2)(A) of title 49, United States Code, as enacted by section 
1 of this Act, that is required by section 7 of the Independent 
Safety Board Act Amendments of 1990 (Public Law 101-641, 104 
Stat. 4657) shall be prescribed not later than May 28,1991. 
(r) Section 165 of the Surface Transportation Assistance Act 
of 1982 (Public Law 97-424, 96 Stat. 2136) is amended as follows: 
(1) In subsections (a) and (d), strike "the Urban Mass 
Transportation Act of 1964,". 
(2) In subsection (b)— 
(A) after the semicolon at the end of clause (2), add 
"or"; and 
(B) strike clause (3). 
(s) Effective on the date the regulations required under section 
60101(b) of title 49, United States Code, as enacted by section 
1 of this Act, are effective, section 60101(a)(21) and (22) of title 
49, as enacted by section 1, is amended to read as follows: 
"(21) 'tremsporting gas'— 
"(A) means— 
"(i) the gathering, transmission, or distribution of 
gas by pipeline, or the storage of gas, in interstate 
or foreign commerce; and 
"(ii) the movement of gas through regulated 
gathering lines; but 
"(B) does not include gathering gas (except through 
regulated gathering lines) in a rural area outside a popu-
lated area designated by the Secretary as a nonrural area. 
"(22) 'transporting hazardous liquid'— 
"(A) means— 
49 use app. 
2428. 
49 u s e app. 
2433. 
49 use 10530. 
49 u s e app. 
2302 note. 
49 u s e 32705 
note. 
23 u s e 101 note. 
Effective date. 
108 STAT. 1372 
PUBLIC LAW 103-272—JULY 5, 1994 
49 use 20103 
note. 
Regulations. 
Effective date. 
"(i) the movement of hazardous liquid by pipeline, 
or the storage of hazardous liquid incidental to the 
movement of hazardous liquid by pipeline, in or affect-
ing interstate or foreign commerce; and 
"(ii) the movement of hazardous liquid through 
regulated gathering lines; but 
"(B) does not 
include 
moving hazardous 
liquid 
through— 
"(i) gathering lines (except regulated gathering 
lines) in a rural area; 
"(ii) onshore production, refining, or manufacturing 
facilities; or 
"(iii) storage or in-plant piping systems associated 
with onshore production, refining, or manufacturing 
facilities.". 
(t)(l) Not later than March 3, 1995, the Secretary of Transpor-
tation shall complete a regulatory proceeding to consider prescribing 
regulations to improve the safety and working conditions of loco-
motive cabs. The proceeding shall assess— 
(A) the adequacy of Locomotive Crashworthiness Require-
ments Standard S-580, or any successor standard, adopted 
by the Association of American Railroads in 1989 in improving 
the safety of locomotive cabs; and 
(B) the extent to which environmental, sanitary, and other 
working conditions in locomotive cabs affect 
productivity, 
health, and the safe operation of locomotives. 
(2) SUPPORTING RESEARCH AND ANALYSIS.—In support of the 
proceeding required under paragraph (1) of this subsection, the 
Secretary shall conduct research and analysis, including computer 
modeling and full-scale crash testing, as appropriate, to consider— 
(A) the costs and benefits associated with equipping loco-
motives with— 
,j,, 
(i) braced collision posts; 
(ii) rollover protection devices; 
(iii) deflection plates; 
(iv) shatterproof windows; 
(v) readily accessible crash refuges; 
(vi) uniform sill heights; 
(vii) anticlimbers, or other equipment designed to pre-
vent overrides resulting from head-on locomotive collisions; 
(viii) equipment to deter post-collision entry of flam-
mable liquids into locomotive cabs; 
(ix) any other devices intended to provide crash protec-
tion for occupants of locomotive cabs; and 
(x) functioning and regularly maintained sanitary 
facilities; and 
(B) the effects on train crews of the presence of asbestos 
in locomotive components. 
(3) REPORT.—If, on the basis of the proceeding required under 
paragraph (1) of this subsection, the Secretary decides not to pre-
scribe regulations, the Secretary shall report to Congress on the 
reasons for that decision. 
(u) Not later than April 25, 1993, the Attorney General shall 
prescribe the regulations required under section 33110(c) of title 
49, United States Code, as enacted by section 1 of this Act. Section 
33110(b) of title 49 is effective not later than 3 months after 
those regulations are prescribed but not before the date on which 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1373 
the National Stolen Passenger Motor Vehicle Information System 
established under section 33109 of title 49 is operational. 
(v) Section 33111 of title 49, United States Code, as enacted 
Effective date, 
by section 1 of this Act, is effective on the date on which the 
^otY^^^^^^^ 
National Stolen Passenger Motor Vehicle Information System is 
established under section 33109 of title 49. 
CONFORMING CROSS-REFERENCES 
SEC. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United 
States Code, are amended by striking "or sections 1622," and 
substituting "subchapter II of chapter 471 of title 49; or sections". 
(b) Title 10, United States Code, is amended as follows: 
(1) In section 2640— 
(A) in subsections (a)(1)(A) and (d)(l)(B)(i), strike "title 
VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1421 et seq.)" and substitute "chapter 447 of title 49"; 
and 
(B) in subsection (i), strike "sections 101(3), 101(5), 
101(10), and 101(15), respectively, of the Federal Aviation 
Act of 1958 (49 U.S.C. App. 1301(3), 1301(5), 1301(10), 
and 1301(15))" and substitute "section 40102(a) of title 
49". 
(2) In section 9511(1), strike "section 101 of the Federal 
Aviation Act of 1958 (49 U.S.C. 1301)" and substitute "section 
40102(a) of title 49". 
(3) In section 9512(b)(4), strike "section 501 of the Federal 
, 
Aviation Act of 1958 (49 U.S.C. App. 1401)" and substitute 
"section 44103 of title 49". 
(c) Section 1110(a) of title 11, United States Code, is amended 
by striking "section 101 of the Federal Aviation Act of 1958 (49 
U.S.C. 1301)", "subsection B(4) of the Ship Mortgage Act, 1920 
(46 U.S.C. 911(4))", and "Civil Aeronautics Board" and substituting 
"section 40102(a) of title 49", "section 30101 of title 46", and "Sec-
retary of Transportation", respectively. 
(d) The last sentence of section 82 of title 14, United States 
Code, is amended to read as follows: "Nothing in this title shall 
be deemed to limit the authority granted by chapter 167 of title 
10 or part A of subtitle VII of title 49.". 
(e) Title 18, United States Code, is amended as follows: 
(1) In section 31, strike "the Federal Aviation Act of 1958, 
as amended" and substitute "sections 40102(a) and 46501 of 
title 49". 
(2) In the last sentence of sections 112(e), 878(d), 1116(c), 
and 1201(e), strike "section" and all that follows and substitute 
"section 46501(2) of title 49.". 
(3) In section 511(c)— 
(A) in clause (1), strike "the National Traffic and Motor 
Vehicle Safety Act of 1966, or the Motor Vehicle Informa-
tion and Cost Savings Act" and substitute "chapter 301 
- 
and part C of subtitle VI of title 49"; and 
(B) in clause (2), strike "section 2 of the Motor Vehicle 
Information and Cost Savings Act" and substitute "section 
32101 of title 49". 
(4) In section 512(a)(2)(A), strike "the National Traffic and 
Motor Vehicle Safety Act of 1966" and substitute "chapter 301 
of title 49". 
108 STAT. 1374 
PUBLIC LAW 103-272—JULY 5, 1994 
(5) In section 553(c)— 
(A) in clause (1), strike "section 2 of the Motor Vehicle 
Information and Cost Savings Act" and substitute "section 
32101 oftitle 49"; and 
(B) in clause (4), strike "section 101 of the Federal 
Aviation Act of 1958 (49 U.S.C. App. 1301)" and substitute 
"section 40102(a) oftitle 49". 
(6) In section 831(c)(1), strike "section 101 of the Federal 
Aviation Act of 1958 (49 U.S.C. 1301)" and substitute "section 
46501 oftitle 49". 
(7) In section 844(g)(2)(B), strike "the Hazardous Materials 
Transportation Act (49 App. U.S.C. 1801, et seq.)" and sub-
stitute "chapter 51 of title 49". 
(8) In section 1201(a)(3), strike "section" and all that follows 
and substitute "section 46501 oftitle 49;". 
(9) In section 1366(c), strike "interstate transmission facili-
ties, as defined in section 2 of the Natural Gas Pipeline Safety 
Act of 1968" and substitute "an interstate gas pipeline facility 
as defined in section 60101 oftitle 49". 
(10) In section 2318(c)(1), strike "section 101 of the Federal 
Aviation Act of 1958" and substitute "section 46501 of title 
49". 
(11) In section 2516(1)0'), strike "section" and all that fol-
lows and substitute "section 60123(b) (relating to destruction 
of a natural gas pipeline) or 46502 (relating to aircraft piracy) 
oftitle 49;". 
(12) In section 3663(a)(1), strike "under subsection (h), 
(i), 0)> or (n) of section 902 of the Federal Aviation Act of 
1958 (49 U.S.C. 1472)" and substitute "section 46312, 46502, 
or 46504 oftitle 49". 
(f) Title 23, United State Code, is amended as follows: 
(1) In section 103(e)(4)(L)— 
(A) in clause (i), strike "the Urban Mass Transportation 
Act of 1964" and substitute "chapter .53 of title 49"; and 
(B) in clause (ii), strike "section 3(e)(4) of the Urban 
Mass Transportation Act of 1964" and substitute "section 
5323(a)(1)(D) oftitle 49". 
(2) In section 142— 
(A) in subsection (a)(2), strike "the Federal Transit 
Act" and substitute "chapter 53 oftitle 49"; 
(B) in subsection (h), strike "the Urban Mass Transpor-
tation Act of 1964, as amended" and substitute "chapter 
53 oftitle 49"; and 
(C) in subsection (i), strike "section 3(e)(4) of the Urban 
Mass Transportation Act of 1964, as amended," and sub-
stitute "section 5323(a)(1)(D) oftitle 49". 
(3) In section 157(a)(2) and (3)(A), strike "section 404 of 
the Surface Transportation Assistance Act of 1982" and sub-
stitute "section 31104 of title 49". 
(g) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) 
is amended as follows: 
(1) In section 4064(b)(1)(B), strike "section 501 of the Motor 
Vehicle Information and Cost Savings Act (15 U.S.C. 2001)" 
and substitute "section 32901 of title 49, United States Code,". 
(2) In section 4261(e) and (f)(2), strike "the Airport and 
Airway Improvement Act of 1982" and substitute "section 44509 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1375 
or 44913(b) or subchapter I of chapter 471 of title 49, United 
States Code,". 
(3) In section 9502(d)(1)(B), strike "the Federal Aviation 
Act of 1958, as amended (49 U.S.C. 1301 et seq.)," and sub-
stitute "part A of subtitle VII of title 49, United States Code,". 
(h) Section 2342(7) of title 28, United States Code, is amended 
by striking "section 202(f) of the Federal Railroad Safety Act of 
1970" and substituting "section 20114(c) of title 49". 
(i) Title 31, United States Code, is amended as follows: 
(1) In section 3711(c)(2), strike "section 6 of the Act of 
March 2, 1893 (45 U.S.C. 6), section 4 of the Act of April 
14, 1910 (45 U.S.C. 13), section 9 of the Act of February 
17, 1911 (45 U.S.C. 34), and section 25(h) of the Interstate 
Commerce Act (49 App. U.S.C. 26(h))" and substitute "section 
21302 of title 49 for a violation of chapter 203, 205, or 207 
of title 49 or a regulation or requirement prescribed or order 
issued under any of those chapters". 
(2) In section 3726(b)(1), strike "the Federal Aviation Act 
of 1958" and substitute "section 40102(a) of title 49". 
(j) Section 210(a)(4) of title 35, United States Code, is amended 
by striking "section 106(c) of the National Traffic and Motor Vehicle 
Safety Act of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)" and substituting 
"section 30168(e) of title 49". 
(k) Title 39, United States Code, is amended as follows: 
(1) In section 3401(b) and (c), strike "section 1376" and 
substitute "section 41901". 
(2) In section 5005(b)(3), strike "section 101 of the Federal 
Aviation Act of 1958" and substitute "section 40102(a) of title 
49". 
(3) In section 5401(b), strike "sections 1301-1542" and sub-
stitute "part A of subtitle VII". 
(1) Section 2101(14)(C) of title 46, United States Code, is amend-
ed by striking "section 104 of the Hazardous Materials Transpor-
tation Act (49 App. U.S.C. 1803)" and substituting "section 5103(a) 
of title 49". 
(m) Title 49, United States Code, is amended as follows: 
(1) In section 103(c)(1), strike "section 6(e)(1), (2), and 
(6)(A) of the Department of Transportation Act (49 App. U.S.C. 
1655(e)(1), (2), and (6)(A))" and substitute "section 20134(c) 
and chapters 203-211 of this title, and chapter 213 of this 
title in carrying out chapters 203-211". 
(2) In section 104(c)(2), strike "31" and substitute "315". 
(3) In section 105(d), strike "the National Traffic and Motor 
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)" and sub-
stitute "chapter 301 of this title". 
(4) In section 106— 
(A) in subsection (h), strike "Section 103 of the Federal 
Aviation Act of 1958 (49 App. U.S.C. 1303)" and substitute 
"Section 40101(d) of this title"; and 
(B) in subsection (j), strike "section 312(e) of the Fed-
eral Aviation Act of 1958" and substitute "section 44507 
of this title". 
(5) In section 109(a) and (b), insert "App." immediately 
after "(46". 
(6) In section 302(b), strike "Subtitle I and chapter 31 
of subtitle II of this title and the Department of Transportation 
108 STAT. 1376 
PUBLIC LAW 103-272—JULY 5, 1994 
Act (49 App. U.S.C. 1651 et seq.)" and substitute "This subtitle 
and chapters 221 and 315 of this title". 
(7) In section 306(b), strike "section 332 or 333 of this 
title, section 211 or 216 of the Regional Rail Reorganization 
Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad 
RevitgJization and Regulatory Reform Act of 1976 (45 U.S.C. 
821 et seq., 851 et seq.), or section 4(i) or 5 of the Department 
of Transportation Act (49 App. U.S.C. 1653(i), 1654)" and sub-
stitute "section 332 or 333 or chapter 221 or 249 of this title, 
section 211 or 216 of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (45 U.S.C. 821 
et seq.)". 
(8) In section 321, strike "section 101(2), (4), and (8) of 
the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), 
(4), (8))" and substitute "section 40102(a) of this title". 
(9) In section 501— 
(A) in subsection (a)(2), strike "section 3101" and sub-
stitute "section 31501"; 
(B) in subsection (a)(3), strike "section 3102(c)" and 
substitute "section 31502(c)"; and 
(C) strike subsection (b) and substitute the following: 
"(b) APPLICATION.—^This chapter only applies in carrying out 
sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 
20303 and chapters 205 (except section 20504(b)), 211, 213 (in 
carrying out those sections and chapters), and 315 of this title.". 
(10) In section 507(c), strike "section 3102 of this title 
or the Motor Carrier Safety Act of 1984" and "such section 
or Act" and substitute "subchapter III of chapter 311 (except 
sections 31138 and 31139) or section 31502 of this title" and 
"any of those provisions", respectively. 
(11) In section 521(b)— 
(A) in paragraph (1)(A), strike "section 3102 of this 
title or the Motor Carrier Safety Act of 1984 or section 
12002, 12003, 12004, 12005(b), or 12008(d)(2) of the 
Commercial Motor Vehicle Safety Act of 1986" and "such 
sections or Act" and substitute "a provision of subchapter 
III of chapter 311 (except sections 31138 and 31139) or 
section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 
31502 of this title" and "any of those provisions", respec-
' 
tively; 
(B) in paragraph (2)(A), strike "pursuant to section 
3102 of this title or the Motor Carrier Safety Act of 1984" 
and substitute "under subchapter III of chapter 311 (except 
sections 31138 and 31139) or section 31502 of this title"; 
(C) in paragraph (2)(B), strike "section 12002, 12003, 
12004, 12005(b), or 12008(d)(2) of the Commercial Motor 
Vehicle Safety Act of 1986" and substitute "section 31302, 
31303, 31304, 31305(b), or 31310(g)( 1)(A) of this title"; 
(D) in paragraph (3), strike "section 3102 of this title 
_ 
or the Motor Carrier Safety Act of 1984 or section 12002, 
12003, 12004, or 12005(b) of the Commercial Motor Vehicle 
Safety Act of 1986" and substitute "subchapter III of chap-
ter 311 (except sections 31138 and 31139) or section 31302, 
31303, 31304, 31305(b), or 31502 of this title"; 
(E) in paragraph (5)(A), strike "section 3102 of this 
title or the Motor Carrier Safety Act of 1984 or section 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1377 
12002, 12003, 12004, or 12005(b) of the Commercial Motor 
Vehicle Safety Act of 1986" and "such sections or Act" 
and substitute "a provision of subchapter III of chapter 
311 (except sections 31138 and 31139) or section 31302, 
31303, 31304, 31305(b), or 31502 of this title" and "any 
of those provisions", respectively; 
(F) in paragraph (6)(A), strike "section 3102 of this 
title, the Motor Carrier Safety Act of 1984", "such section 
or Act", and "liable" and substitute "subchapter III of chap-
ter 311 (except sections 31138 and 31139) or section 31502 
of this title", "any of those provisions", and "subject", 
respectively; 
(G) in paragraph (6)(B)(i), strike "section 12002, 
12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the 
Commercial Motor Vehicle Safety Act of 1986" and sub-
stitute "section 31302, 31303(b) or (c), 31304, 31305(b), 
or 31310(g)(1)(A) of this title"; 
(H) in paragraph (6)(B)(ii), strike "section 12019 of 
such Act", "section 12003(a) of such Act", and "such section 
12003(a)" and substitute "section 31301 of this title", "sec-
tion 31303(a) of this title", and "section 31303(a)", respec-
tively; 
(I) in paragraph (12), strike "any provision of the 
Hazardous Materials Transportation Act (49 U.S.C. App. 
1801-1812)" and "such Act" and substitute "chapter 51 
of this title" and "chapter 51", respectively; and 
(J) in paragraph (13), strike "section 204 of the Motor 
Carrier Safety Act of 1984" and substitute "section 31132 
of this title". 
(12) In section 526, strike "this chapter, section 3102 of 
this title, or the Motor Carrier Safety Act of 1984, a person 
that knowingly and willfully violates a provision of this chapter 
or such section or Act, or a regulation or order of the Secretary 
of Transportation under this chapter or such section or Act" 
and substitute "a provision of this chapter, subchapter III of 
chapter 311 (except sections 31138 and 31139), or section 31502 
of this title, a person that knowingly and willfully violates 
any of those provisions or a regulation or order of the Secretary 
of Transportation under any of those provisions". 
(13) In section 10102(9), strike "the Federal Aviation Act 
of 1958" and substitute "part A of subtitle VII of this title". 
(14) In section 10322(a), strike "subtitle" wherever it 
appears and substitute "title". 
(15) In sections 10364(a) and 10385(a), strike "section 5 
of title 41" and substitute "section 3709 of the Revised Statutes 
(41 U.S.C. 5)". 
(16) In sections 10527(a), strike "subchapter" and substitute 
"title". 
(17) In section 10528, strike "subchapter" and "subtitle" 
wherever either word appears and substitute "title". 
(18) In section 10529(a), strike "(12 U.S.C. 1141j(a))" and 
substitute "(12 U.S.C. 1141j(a)))". 
(19) In sections 10542(a)(2) and 10544(d)(1)(B), insert 
"App." immediately sifter "(46" wherever it appears. 
(20) In section 10561(b)(1), strike "chapter 20" and sub-
stitute "part A of subtitle VII". 
(21) In section 10703(a)(4)— 
108 STAT. 1378 
PUBLIC LAW 103-272—JULY 5, 1994 
(A) in paragraph (D)(ii), insert "App." immediately after 
"(46" wherever it appears; and 
(B) in paragraph (E), strike "(46 U.S.C. 801 et seq.)" 
and "(46 U.S.C. 843-848)" and substitute "(46 App. U.S.C. 
801 et seq.)" and "(46 App. U.S.C. 843 et seq.)", respectively. 
(22) In section 10721(a)(1), strike "Section 5 of title 41" 
and substitute "Section 3709 of the Revised Statutes (41 U.S.C. 
5)". 
(23) In section 10735(b)(1), strike "under this title" and 
substitute "under this subtitle". 
(24) In section 10903(b)(2), strike "section 11347 of this 
title and section 405(b) of the Rail Passenger Service Act (45 
U.S.C. 565(b))" and substitute "sections 11347 and 24706(c) 
of this title". 
(25) In section 10922— 
(A) in subsection (c)(1)(E), strike "provisions of section 
12(f) of the Urban Mass Transportation Act of 1964" and 
substitute "section 10531 of this title"; 
(B) in subsection (c)(2)(D), strike "subtitle" wherever 
it appears and substitute "title"; 
(C) in subsection (c)(4)(C) and Q)il), strike "subchapter" 
wherever it appears and substitute "title"; and 
(D) in subsection (j)(2)(C), strike "subtitle" and sub-
stitute "title". 
(26) In section 10927(a)(1), insert "section" before "10923". 
(27) In section 10935(a) and (e)(3), strike "subchapter" and 
substitute "title". 
(28) In section 11125(b)(2)(A), strike "the Federal Railroad 
Safety Act of 1970 (45 U.S.C. 431 et seq.)" and substitute 
"chapter 201 of this title". 
(29) In section 11126(a), strike "11501(c)" and substitute 
"11501(f)". 
(30) In section 11303(a), strike "the Ship Mortgage Act, 
1920" wherever it appears and substitute "chapter 313 of title 
46". 
(31) In section 11347, strike "section 405 of the Rail Pas-
senger Service Act (45 U.S.C. 565)" and substitute "sections 
24307(c), 24312, and 24706(c) of this title". 
(32) In section 11348(a), strike "section 504(f)," and sub-
stitute "sections 504(f) and". 
(33) In section 11504(b)(2), strike "section 204 of the Motor 
Carrier Safety Act of 1984 (49 App. U.S.C. 2503)" and substitute 
"section 31132 of this title". 
(34) In section 11701(a), strike "section 10530 of this sub-
title" and substitute "section 10530 of this title". 
LEGISLATIVE PURPOSE AND CONSTRUCTION 
49 use prec. 101 
SEC. 6. (a) Sections 1-4 of this Act restate, without substantive 
^°*®- 
change, laws enacted before July 1, 1993, that were replaced by 
those sections. Those sections may not be construed as making 
a substantive change in the laws replaced. Laws enacted after 
June 30, 1993, that are inconsistent with this Act supersede this 
Act to the extent of the inconsistency. 
(b) A reference to a law replaced by sections 1-4 of this Act, 
including a reference in a regulation, order, or other law, is deemed 
to refer to the corresponding provision enacted by this Act. 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1379 
(c) An order, rule, or regulation in effect under a law replaced 
by sections 1-4 of this Act continues in effect under the correspond-
ing provision enacted by this Act until repealed, amended, or super-
seded. 
(d) An action taken or an offense committed under a law 
replaced by sections 1-4 of this Act is deemed to have been taken 
or committed under the corresponding provision enacted by this 
Act. 
(e) An inference of legislative construction is not to be drawn 
by reason of the location in the United States Code of a provision 
enacted by this Act or by reason of a caption or catch line of 
the provision. 
(f) If a provision enacted by this Act is held invalid, all valid 
provisions that are severable from the invalid provision remain 
in effect. If a provision enacted by this Act is held invalid in 
any of its applications, the provision remains valid for all valid 
applications that are severable from any of the invalid applications. 
REPEALS 
SEC. 7. (a) The repeal of a law by this Act may not be construed 
as a legislative implication that the provision was or was not 
in effect before its repeal. 
(b) The laws specified in the following schedule are repealed, 
except for rights and duties that matured, penalties that were 
incurred, and proceedings that were begun before the date of enact-
ment of this Act: 
49 u s e prec. 101 
note. 
49 u s e prec. 101 
note. 
Schedule of Laws Repealed 
Statutes at Large 
Date 
1864 
July 2 
1873 
Mar. 3 
1874 
June 20 
June 22 
1879 
Mar. 3 
1887 
Feb. 4 
Mar. 3 
1893 
Mar. 2 
1896 
Apr. 1 
1897 
Mar. 3 
Chapter or 
Public Law 
216 
226 
331 
414 
183 
104 
345 
196 
87 
386 
Section 
15 
2(words after 2d semi-
colon). 
l(4th par. on p. 420) 
25 
(proviso under heading 
Transportation 
and 
Recruiting, 
Marine 
Corps"). 
Statutes at Large 
Vol-
ume 
13 
17 
18 
18 
20 
24 
24 
27 
29 
29 
Page 
362 
508 
I l l 
200 
420 
379 
488 
531 
85 
663 
U.S. Code 
Title 
45 
45 
45 
45 
49 
App. 
45 
45 
45 
45 
Section 
83 
83 
89 
90 
26 
94, 95 
1-7 
• - S 
91 
108 STAT. 1380 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
31 
32 
33 
34 
34 
34 
35 
35 
36 
36 
36 
38 
39 
39 
41 
41 
42 
43 
44 
45 
Page 
1023 
943 
743 
607 
838 
1415 
325 
965 
298 
350 
913 
1192 
61 
538 
498, 499 
1392 
328 
659 
1446 
1404 
U.S. Code 
Title 
45 
45 
49 
App. 
45 
45 
45 
45 
45 
45 
45 
45 
45 
45 
49 
App. 
49 
App. 
49 
App. 
45 
45 
49 
App. 
49 
App. 
Section 
92 
10 
1201-1203 
71-74 
35 
61-64b 
36,37 
37 
11-16 
38-43 
22-29, 31-34 
23,30 
63 
81-124 
26, 142 
141 
126 
22, 23, 25, 27 
102 
173 
1901 
Mar. 3 
1903 
Mar. 2 
1905 
Feb. 23 
1906 
June 29 
June 30 
1907 
Mar. 4 
1908 
May 27 
1909 
Mai. 4 
1910 
Apr. 14 
May 6 
1911 
Feb. 17 
1915 
Mar. 4 
1916 
May 4 
Aug. 29 
1920 
Feb. 28 
1921 
Mar. 4 
Dec. 15 
1924 
June 7 
1927 
Mar. 4 
1929 
Feb. 28 
831 
976 
744 
3594 ... 
P.R. 46 
2939 ... 
200 
299 
160 
208 
103 
169 
109 
415 
91 
161 
1 
355 
510 
369 
(last proviso of last par. 
under 
heading 
"Pay 
Department"). 
l(6th par. last sentence 
under heading "Inter-
state Commerce Com-
mission", 1st complete 
par. on p. 325). 
l(6th par. last sentence 
under heading "Inter-
state Commerce Com-
mission"). 
441, 500 
Klast 
proviso 
in 
par. 
under heading "Trans-
portation Facilities on 
Inland 
and 
Coastal 
Waterways"). 
Klast par. under heading 
"Boaird of 
Mediation 
and Conciliation"). 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1381 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
PubUc Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
1931 
Feb. 14 
1934 
June 13 
June 19 
1935 
Aug. 7 
1937 
Aug. 26 
1939 
June 27 
Aug. 9 
1940 
Apr. 22 
July 2 
Sept. 18 
1941 
June 28 
1942 
July 24 
1943 
May 7 
June 10 
1944 
June 30 
July 1 
Oct. 3 
1946 
Aug. 8 
1947 
May 27 
July 30 
Aug. 4 
189 
498 
654 
656 
455 
818 
244 
618 
633 
124 
526 
722 
258 
522 
94 . 
121 
333 
373 
479 
911 
85 ., 
404 
471 
l(lst. par. under heading 
"Civil Aeronautics Au-
thority."). 
14(b) 
201(last par. under head-
ing "Civil Aeronautics 
Board"). 
(par. under heading "Of-
fice of Administrator of 
Civil Aeronautics"). 
813(5th, 
6th 
complete 
pars, on p 718). 
13(g) 
2 Z'Z'Z'ZZZZ'ZZ 
60 
61 
1162 
954 . 
1113 
1116 
540 . 
835 . 
855 . 
1291 
1302 
148 . 
735 . 
919 . 
282 . 
704 . 
80 ... 
150 . 
648 . 
718 . 
944 . 
120 . 
678 . 
743 . 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
App. 
49 
App. 
49 
App. 
49 
App. 
50 
App. 
49 
App. 
45 
50 
App. 
49 
App. 
231 
264 
171-173a, 
175, 179-184 
181 
231 
26 
751-757 
781-789 
682 
24-34 
485 
422a 
752 
758 
752 
757 
177, 181 
1622 
603 
24-26 
1622 
643 
108 STAT. 1382 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
1948 
Apr. 17 
June 16 
June 19 
June 25 
June 29 
July 1 
1949 
July 25 
July 26 
Aug. 12 
Aug. 15 
Aug. 30 
Oct. 1 
Oct. 25 
Oct. 26 
1950 
Feb. 9 
Mar. 18 
Aug. 3 
Aug. 5 
Aug. 8 
Aug. 9 
Sept. 9 
Sept. 27 
Sept. 29 
Sept. 30 
1951 
Jan. 9 
June 14 
Oct. 11 
Oct. 31 
Chapter or 
Public Law 
192 . 
473 . 
482 . 
523 . 
646 . 
713 . 
738 . 
792 . 
359 . 
362 . 
363 . 
423 . 
426 . 
520 . 
589 . 
724 . 
751 . 
5 
72 .
.
. 
517 . 
591 . 
643 . 
655 . 
938 . 
1055 
1107 
1117 
1214 
123 . 
495 . 
655 . 
Section 
4 
6,7.. 
3,4.. 
55(b) 
Statutes at Large 
Vol-
ume 
Page 
173 . 
450 . 
470 . 
493 . 
986 . 
1093 
1111 
1216 
478 . 
480 . 
480 . 
603 . 
605 . 
678 . 
700 . 
903 . 
925 . 
4 
28 .
.
. 
395 
. 
414 
. 
417 
. 
427 
. 
825 
. 
1071 
1079 
1090 
1237 
65 .
.
. 
407 . 
729 
. 
U.S. 
Code 
Title 
Section 
49 
App. 
49 
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49 
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App. 
45 
49 
App. 
49 
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49 
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49 
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49 
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49 
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49 
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49 
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1101, 1102, 
1106, 1108, 
1109 
1151, 
llSKnote), 
1152-1159a, 
1160 
524 
401, 
523 
87 
452 
1116 
452, 
459, 
551 
1111 
622 
1114 
1113 
1109 
427 
1622-1622c 
1105 
1104 
1107 
1102, 
1108 
622 
177, 
181 
457 
781 
701-705 
1104 
460 
1181-1185 
1109 
401, 
711-722 
177,560 
787 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1383 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Pubuc Law 
Section 
Statutes at Large 
Vol-
ume 
66 
66 
67 
67 
69 
69 
70 
70 
70 
70 
71 
71 
71 
71 
72 
72 
72 
72 
73 
73 
Page 
286 
628 
140 
489 
49 
441 
591 
594 
784 
911 
69 
352 
415 
629 
84 
86 
337, 338 
731 
13 
150 
U.S. Code 
Title 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
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49 
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49 
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49 
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Section 
485 
401, 491, 622 
1116 
176 
481 
1101-1103, 
1104, 1105, 
1107, 1108, 
1111 
481 
722 
483 
789 
1201-1203 
6, 13, 34, 63 
481 
1324(note) 
486 
9 
457, 603 
1301-1308, 
1321-1325, 
1341-1346, 
1347-1356, 
1357-1359, 
1371, 1372-
1376, 1377-
1389, 1401-
1406, 1421-
1434, 1441-
1443, 1461-
1463, 1471-
1474, 1481, 
1482, 1483-
1490, 1501-
1515, 1516-
1518, 1531-
1542, 1551 
1324(note) 
1324(note) 
1952 
June 28 
July 14 
1953 
July 8 
Aug. 8 
1955 
May 19 
Aug. 3 
1956 
July 20 
Aug. 1 
1957 
June 13 
Aug. 14 
Aug. 26 
Sept. 7 
1958 
Apr. 9 
Apr. 11 
July? 
485 
740 
181 
379 
41 .. 
494 
1(5) 
650 
655 
816 
852 
22 
85-50 
85-135 
85-166 
85-307 
85-373 
85-375 
85-507 
21(bX3), (c) 
Aug. 23 
85-726 
(less 613(a), (b), 1402(a), 
(e>-(g), 
1404, 
1406, 
1411). 
1959 
Mar. 18 
June 25 
86-3 .. 
86-70 
108 STAT. 1384 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
June 29 
Julys 
Aug. 11 
Aug. 25 
Sept. 21 
1960 
June 29 
July 12 
July 14 
Sept. 13 
1961 
July 20 
Sept. 5 
Sept. 13 
Sept. 20 
Oct. 4 
1962 
July 10 
Oct. 15 
1964 
Mar. 11 
June 30 
July 2 
July 9 
Aug. 14 
1965 
Aug. 10 
Sept. 30 
86-72 . 
86-81 . 
86-154 
8&-199 
86-295 
86-546 
86-624 
86-627 
86-661 
86-758 
86-762 
87-89 . 
87-197 
87-221 
87-225 
87-255 
87-367 
87-528 
87-810 
87-820 
88-280 
88-346 
88-349 
88-365 
88-426 
89-117 
89-220 
1 
37 
103(2), (6), 
(15), 
205 
2 
305(16) 
304(b), 
1109 
13 
155 
180 
333 
427 
572 
255 
421 
445 
527 
901 
903 
210 
466 
494 
497 
523 
787, 
788, 
791. 
143 
921 
936 
158 
236 
239 
302 
424 
475, 
507 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
•••49 
App. 
45 
49 
App. 
49 
App. 
15 
49 
App. 
49 
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49 
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49 
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49 
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49 
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49 
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49 
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49 
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49 
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49 
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49 
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49 
App. 
1101, 
1102, 
1104, 
1106, 
1108, 
1109, 
1112 
1403, 1404 
1743 
1485 
1105 
1486 
1324(note) 
1373 
1378, 
1378(note) 
38, 
42, 
43 
1542 
1301, 1472, 
1511 
1281, 
1282 
1486 
1101-1106, 
1108-1110, 
1112, 
1509 
1322, 
1343, 
1343(note) 
1301, 
1371, 
1371(note), 
1376, 
1387, 
1471, 1472 
1323, 1441, 
1472, 1505 
1324(note), 
1380 
1101-1106, 
1107a, 
110&-
1111, 1113, 
1120 
1403, 1406, 
1406(note) 
1114 
1601, 
1601(note), 
1602, 1603, 
1604, 1605-
1625 
1321, 1341, 
1342 
1605, 1608 
1643 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1385 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
Nov. 8 
1966 
June 13 
Sept. 8 
Sept. 9 
Oct. 13 
Oct. 15 
1967 
May 25 
June 28 
Dec. 1 
1968 
Apr. 10 
July 21 
July 24 
Aug. 1 
Aug. 12 
Sept. 26 
Oct. 12 
1969 
Aug. 20 
Dec. 24 
Dec. 26 
89-348 
89-447 
89-562 
89-563 
89-647 
89-670 
90-19 . 
90-34 . 
90-169 
90-283 
90-411 
90-423 
90-448 
90-481 
90-514 
90-568 
91-62 .. 
91-152 
91-169 
1(6) 
(less 401) 
l-8(a), (f), (i). 9, 10(e), 
13-16. 
20 
1(f) 
701-704 
306 
79 
80 
1310 
199 
715 
718 
894 
931, 943, 
944, 948, 
949. 
25 
81 
526 
72 
395 
424 
534 
720 
867 
1003 
103 
392 
463 
49 
App. 
49 
App. 
49 
App. 
15 
49 
App. 
15 
49 
App. 
50 
49 
App. 
49 
App. 
49 
App. 
15 
49 
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49 
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49 
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49 
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49 
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49 
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49 
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49 
App. 
45 
1539 
1542 
1602, 1603, 
1605, 
1607a(note), 
1607b, 1607c, 
1608-1611 
1301-1303, 
1321-1323, 
1381, 
1381(note), 
1391-1403, 
1403(note), 
1404-1431 
1104, 1105 
1404 
1376, 1651, 
1651(note), 
1652, 1653, 
1654, 1655-
1657, 1659 
123 
1602, 1603, 
1605, 1606, 
1608-1610 
1604 
1604 
1410 
1431 
1642 
1603, 1604, 
1605, 1608 
1671, 
1671(note), 
1672-1686 
1301, 1371, 
1371(note) 
1324(note) 
1377, 
1377(note), 
1378 
1603, 
1604 
61, 61(note), 
62-64b 
108 STAT. 1386 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
1970 
May 21 
May 22 
Sept. 8 
Oct. 13 
Oct. 14 
Oct. 15 
Oct. 16 
Oct. 27 
Oct. 30 
Dec. 23 
Dec. 29 
Dec. 31 
1971 
Nov. 18 
Nov. 27 
1972 
Mar. 22 
June 22 
Aug. 22 
91-258 
91-265 
91-399 
91-444 
91-449 
91-453 
91-458 
91-513 
91-518 
91-569 
91-596 
91-604 
92-159 
92-174 
92-259 
92-316 
92-401 
31, 51, 52(a), (bX4), (6), 
(c), (d), 53, 209. 
Kb) 
1-9, 13, 14 
1102(r) 
(less 404(f), 
814, 815, 
901). 
31 .... 
11(b) 
2 
84 
86 
234, 235, 
236, 252. 
262 
837 
915 
921 
962, 969 
971 
1294 
1327 
1499 
1619 
1705 
481 
. 
491 
. 
95 .
.
. 
227 . 
616 
. 
49 
App. 
15 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
45 
49 
App. 
49 
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49 
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49 
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49 
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49 
App. 
45 
49 
App. 
1101-1103, 
1104-1106, 
1107a-1120, 
1354, 1430, 
1430(note), 
1432, 1509, 
1622, 
1701(note), 
1731, 1741, 
1742(note) 
1381(note), 
1391, 1401, 
1408, 1409, 
1426, 1431 
1542 
1642 
1301, 1472 
1601(note), 
1601a, 1602, 
1602(note), 
160a-1605, 
1610-1612 
421, 
421(note), 
431-441, 
443, 
444 
787 
501, 
501(note), 
501a, 
502, 
521, 
522, 
541-
545, 
546, 
547, 
548, 
561-566, 
581-591, 
601, 
602, 
642-644, 
646-649, 
651-
658 
1512, 
1512(notes) 
1421 
1421, 
1430 
1429 
1429, 
1430(note), 
1432, 
1711-
1713, 
1714, 
1715, 
1717 
1374, 
1461, 
1482, 
1482(note) 
543, 
543(note), 
545, 
546, 
548, 
562, 
563, 
565, 
601, 
602, 
602(note), 
644,645 
1674, 
1674(note), 
1682, 
1684 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1387 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
Oct. 20 
92-513 
Oct. 25 
Oct. 27 
1973 
Jime 18 
Aug. 13 
Aug. 14 
Nov. 3 
1974 
Jan. 2 
92-548 
92-556 
92-574 
93-44 . 
9a-87 . 
9a-90 . 
93-146 
93-236 
Aug. 5 
Aug. 22 
Aug. 30 
93-239 
93-366 
93-383 
93-403 
(less 511) 
7(b) 
138, 164, 301 
303(eXwords "title VII of 
the Railraid Revital-
ization and Regulatory 
Reform Act of 1976 or 
oD, 7H(words ", the 
National Railroad Pas-
senger Corporation, or 
the Amtrak Conunuter 
Services Corporation"). 
813 
86 
86 
86 
87 
87 
87 
87 
947 
1159 
1170 
1239 
88 ... 
270, 281, 
295. 
305 
548 
1048 
409 . 
737 . 
802 . 
15 
15 
49 
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49 
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49 
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49 
App. 
45 
49 
App. 
45 
45 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
1901, 
1901(note), 
1911-1922, 
1941-1949, 
1961-1964, 
1981, 
1981(note), 
1982-1991, 
2001-2010, 
2012, 2021-
2034 
1381(note), 
1409, 1410 
1324(note) 
1431 
1513, 
1701(note), 
1711, 1712, 
1714, 1716, 
1717 
1602a, 1603, 
1603(note), 
1607d(note), 
1608(note), 
1612 
421(note), 
441(note) 
1762 
501(note), 
502, 543, 
543(note), 
545, 546, 548, 
561-564, 601, 
602, 641 
743, 797j 
1421 
1301(note), 
1301, 1356, 
1357,1471, 
1472,1473, 
1487, 1511, 
1514-1516 
1602,1602a, 
1602a(note) 
1671(note), 
1674, 1684 
108 STAT. 1388 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
Oct. 27 
93-492 
(less 108) 
Oct. 28 
Nov. 26 
1975 
Jan. 2 
Jan. 3 
93-496 
93-503 
93-604 
93-608 
93-623 
93-633 
(less 105) 
702 
1(20), (21) 
(less 6) 
1974 
Jan. 4 
1975 
May 26 
July 19 
Aug. 9 
Dec. 22 
1976 
Feb. 5 
93-650 
94-25 . 
94-56 . 
94-90 . 
94-163 
94-210 
301(less"Sec. 511") 
701-706(a), (c)-(i), 707, 
803, 808, 901-904. 
88 
88 
89 
89 
89 
90 
1470 
1526 
1565 
1964 
1970 
2102 
2156 
2-1 
90 . 
263 
439 
901 
119, 124, 
130, 
143, 
147. 
15 
45 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
45 
49 
App. 
45 
49 
App. 
49 
App. 
15 
45 
1381(note), 
1391, 1392, 
1393, 
1397-
1399, 1401, 
1402, 
1408, 
1409,. 
1409(note), 
1410-1411, 
1411(note), 
1412-1420, 
1424, 
1961-
1964 
501(note), 
544, 
545, 
563, 
564, 
601, 
602, 
641,644, 
645(note) 
302, 
1643, 
1653 
1601b, 
1601b(note), 
1602-1604b, 
1605(note), 
1611 
1537 
1343, 1603 
1151(note), 
1159a, 
1159b, 
1373, 
1376, 
1377, 1472, 
1517 
39, 
421(note), 
437, 
438, 
440, 
440(note) 
1471, 
1472, 
1653, 1761, 
1762, 1801, 
1801(note), 
1802-1813, 
1901, 
1901(note), 
1902-1907 
1602, 
1602a, 
1602a(note) 
501(note), 
543, 
545, 
548, 
563, 
564, 
601, 
602, 
621 
1653 
421(note), 
440 
1812 
1531(note), 
1536, 1542 
2001-2010, 
2012 
543, 
545, 
546, 
562-564, 
743, 
745(note), 
851-855 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1389 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Julys 
July 12 
July 14 
July 31 
Sept. 30 
Oct. 11 
Oct. 19 
1977 
Aug. 4 
Nov. 9 
Nov. 16 
1978 
Mar. 8 
Mar. 14 
Chapter or 
Public Law 
94-346 
94-348 
94-353 
94-364 
94-374 
94-436 
94-474 
94-477 
94-481 
94-555 
95-91 
95-163 
95-187 
95-241 
95-245 
Section 
^ 
5(related to title VII) 
101-108, 
216(e), 
217, 
219(a), 220(h), 301. 
305, 306, 402(b) 
(less 19) 
. \ 
Statutes at Large 
Vol-
ume 
90 
90 
90 
90 
90 
90 
90 
90 
90 
90 
91 
91 
91 
92 
92 
Page 
815 
817 
871 
981 
1065 
1399 
2068 
2073 
2080 
2613, 2627, 
2629, 2630. 
580, 584 
1278 
1385 
119 
156 
U.S. Code 
Title 
49 
App. 
15 
45 
49 
App. 
15 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
15 
42 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
Section 
1613, 1653, 
1654, 
1654(note) 
1392, 1409 
6, 13, 34, 61-
63a, 64a, 
421(note), 
431, 431(note) 
26, 1653 
1346a, 
1348(note), 
1356a, 1358, 
1371, 1432, 
1701, 
1701(note), 
1702(note), 
1704, 1711-
1715, 
1715(note), 
1716-1720, 
1724(note), 
1728-1730, 
1742 
1901(note), 
1921, 1941, 
1949, 1963, 
1982-1985, 
1987, 1988, 
1990-1991 
1542 
743 
ISOKnote), 
1805, 1812 
1671, 
1671(note), 
1672, 1674, 
1680, 1683-
1686 
1907 
501(note), 
543, 545, 546, 
563, 601, 602, 
641, 
641(note), 854 
1653 
1654(note) 
2002 
7155 7172 
1301, 1302, 
1371, 1373, 
1373(note), 
1376(note), 
1388, 1401, 
1421, 
1421(note), 
1430, 1482, 
1531-1533, 
1535, 1537, 
1542 
1613 
1401 
1388 
1388(note) 
79-194 O—95—22 : QL 3 Part 2 
108 STAT. 1390 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Mar. 27 
Sept. 11 
Sept. 30 
Oct. 5 
Oct. 7 
Oct. 17 
Oct. 24 
Nov. 2 
Nov. 6 
Nov. 8 
Chapter or 
Pubuc Law 
95-251 
95-363 
95-403 
95-421 
95-426 
95-473 
95-504 
95-574 
95-575 
95-580 
95-598 , 
95-599 
95-607 
95-609 
Section 
2(aX12) 
706 
4(c) 
(less 46) 
3(a), (b) 
322(g) 
134(d), 
160, 
301-315, 
317-323. 
101-110 
3, 8 
Statutes at Large 
Vol-
ume 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
Page 
183 
597 
863 
923 
992 
1470 
1705 
2459 
2465 
2475 
2679 
2709, 2719, 
2735, 2752. 
3059 
3080, 3084 .. 
U.S. Code 
Title 
49 
""% 
App. 
45 
49 
^^9 
49 
App. 
45 
49 
App. 
49 
^^5 
15 
49 
App. 
49 
App. 
49 
App. 
Section 
1655 
1901(note), 
1907 
1812 
501(note), 
521(note), 
541, 
541(note), 
545, 545a, 
546a, 562, 
563, 601, 602, 
646, 853, 854 
1653 
1518 
lOKnote 
prec.) 
1301, 
1301(note), 
1302, 1305-
1308, 
1324(note), 
1371, 
1371(note), 
1372-1374, 
1376, 
1376(note), 
1378, 1379, 
1382, 1384, 
1386, 1389, 
1461, 1471, 
1473, 1482, 
1482a, 1490, 
1504, 1551, 
1552, 1711, 
1729 
6, 13, 34, 61, 
63a. 
63a(note), 
421(note), 
436, 437, 
440(note), 442 
26 
781, 787 
1653(note) 
81 
1418 
1601(note), 
1602, 1603, 
1604, 
1604(note), 
1605{note), 
1607, 
1607(note), 
1607a(note), 
1607b-1608, 
1611, 1612, 
1612(note), 
1613-1616, 
1653(note) 
1651(note), 
1653a, 1654, 
1654(note) 
1431, 
1431(note) 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1391 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Nov. 9 
1979 
Sept. 29 
Oct. 12 
Nov. 9 
Nov. 30 
Dec. 29 
1980 
Jan. 7 
Feb. 15 
Feb. 18 
May 30 
Chapter or 
PubUc Law 
95-619 
96-73 
96-86 
96-106 
96-129 
96-171 
96-185 
96-192 
96-193 
96-254 
Section 
401-404 
101-119 
"Sec. 
404(er, 
119 "Sec. 404(g)"-132, 
501(a). 
115(b) 
17 
t 
18(related to §503(aX3) 
of Motor Vehicle Infor-
mation and Cost Sav-
ings Act). 
(less 29) 
(less 305) 
117, 201-213, 215, 216 ... 
Statutes at Large 
Vol-
ume 
92 
93 
93 
93 
93 
93 
93 
94 
94 
94 
Page 
3254 
537, 547, 
558. 
662 
799 
989 
1285 
1336 
35 
50 
410, 418 
U.S. Code 
Title 
15 
45 
49 
App. 
49 
App. 
49 
App. 
18 
49 
App. 
49 
App. 
15 
49 
App. 
49 
App. 
45 
Section 
2006, 2008 
501, 
501(note), 
501a, 502, 
521(note), 
545, 
545(note), 
545a(note), 
546, 548, 
562(note), 
563, 564, 
564(note), 
565, 
565(note), 
566, 601, 602, 
602(note), 
641, 647-650 
1653 
1654 
1604 
831, 
831(note), 
832-835 
1671, 
1671(note), 
1672, 
1672(note), 
1673-1677, 
1679a-1682, 
1682(note), 
1683-1686, 
1811, 2001, 
2001(note), 
2002-2014 
1421(note) 
2003 
1159b, 
1301(note), 
1302, 1371-
1373, 1377, 
1382, 1384, 
1386, 1482, 
1502, 1504, 
1508, 1517 
1348(note), 
1359, 1472, 
1512, 1711, 
1713, 1714-
1717, 1731, 
1742, 2101, 
2101(note), 
2102-2108, 
2121-2124 
501(note), 
543, 545, 546, 
562-564, 601, 
651-658, 851, 
853, 854, 
854(note), 
855, 1013 
108 STAT. 1392 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Pubfic Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
July 1 
Oct. 10 
96-296 
96-298 
96-423 
96-425 
30 .. 
1(d) 
94" 
94 
820 . 
829 . 
1811 
1821 
Oct. 14 
Oct. 19 
1981 
Aug. 6 
Aug. 13 
96-448 
96-470 
97-31 . 
97-35 . 
508(f) 
112(a), (e), (f), (h), 209(a) 
12(9) 
1101-1103, 1111, 1137-
1139(a), 
1145, 
1170-
1189, 1191-1195. 
1958 
2239, 2240, 
2245. 
154 
622, 627, 
647, 669, 
687. 
Nov. 3 
Dec. 23 
Dec. 29 
1982 
Apr. 2 
July 18 
97-74 . 
97-102 
97-125 
97-164 
97-216 
329 
5 
161(8) 
lOKpar. under heading 
"Grants to the 
Na-
tional 
Railroad 
Pas-
senger Corporation"). 
95 
1065 
1464 
1673 
49 ... 
187 . 
49 
App. 
49 
49 
App. 
43 
45 
15 
45 
45 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
45 
45 
45 
45 
1653 
10927(note) 
1742 
975 
6, 26, 29, 34, 
64a, 
421(note), 
431, 
431(note), 
432, 435--i39, 
441, 443, 444 
1901, 
1901(note), 
2001, 
2001(note), 
2002, 
2002(note), 
2003, 2005, 
2007, 2008, 
2012 
563 
440, 669 
1344, 1539. 
1702 
142 
444, 501, 
501(note), 
501a, 502, 
541, 543, 
543(note), 
544, 545, 546, 
547, 548, 562, 
563, 
563(note), 
564, 565, 581-
590, 601, 602, 
651(note), 
852, 854 
1603, 1604, 
1608(note), 
1654, 1660, 
1701(note), 
1714, 
1714(note), 
1715, 
1716(note), 
1717, 1742 
1901(note), 
1903, 1906, 
1907 
582(note) 
582(note) 
87 
543 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1393 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Sept. 3 
Sept 10 
Sept. 20 
Oct. 2 
Oct. 14 
Oct. 15 
Oct. 25 
Dec. 18 
1983 
Jan. 6 
Jan. 12 
Jan. 14 
Apr. 5 
July 30 
Dec. 8 
Chapter or 
PubBc Law 
97-248 
97-257 
97-261 
97-276 
97-309 
97-331 
97-364 
97-365 
97-369 
97-424 
97-449 
97-468 
98-17 
98-37 
98-63 
98-213 , 
Section 
501-529, 532-534 
107(par. under heading 
"Grants to the 
Na-
tional 
Railroad 
Pas-
senger Corporation"). 
18(aHg) 
130,167 
201-206, 208, 209. 211 ... 
4 
201(provisos under head-
ing Tayments to Air 
Carriers'*), 322. 
138. 301-309, 313, 315-
318, 401-408, 411-416. 
426(a>-(d). 
4(c) 
101-104. 301, 302, 501, 
508, 
509, 
615{aX4), 
701-706. 
l(par. 
under 
heading 
Urban 
Discretionary 
Grants"). 
10 
Statutes at Large 
Vol-
ume 
96 
96 
96 
96 
96 
96 
96 
96 
96 
96 
96 
96 
97 
97 
97 
97 
Page 
671, 701 
852 
1121 
1196, 1204 .. 
1453 
1619 
1740. 1746. 
1747. 
1751 
1778, 1784 .. 
2126, 2140. 
2152, 
2153, 2167. 
2442 
2543, 2547. 
2551. 
2554. 
2577, 2579. 
59 
204 
340 
1461 
U.S. Code 
Title 
49 
App. 
50 
App. 
45 
49 
49 
App. 
49 
App. 
15 
23 
26 
49 
App. 
49 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
Section 
1349,1354. 
1356a, 1430, 
1432, 1509. 
1513. 1701-
1731, 2101, 
2103. 2104, 
2108, 2201, 
2201(note), 
2202-2225 
1622 
546b 
10927(note) 
1376a(note), 
2207 
1542, 1551. 
1902. 
1902(note). 
1905 
1381(note), 
1392, 1409, 
1413. 1418. 
1921, 1949. 
1990g 
401(note) 
6103(note) 
1376a. 1376b 
10927(note) 
1601(note). 
1601c. 1602, 
1603-1604a, 
1607a, 1607a-
1, 1607c. 
1608, 1611, 
1612, 
1612(note), 
1614, 1617, 
1618, 2204-
2206. 2301-
2307. 2311-
2315. 2316 
1348 
13. 17-21. 
421(note). 
431. 438. 444, 
585, 591, 601, 
853, 854, 
854(note). 855 
1654. 1655. 
1673-1675. 
2003. 2005 
2316 
1907 
1603(note) 
1389 
108 STAT. 1394 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Pubuc Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
1984 
Aug. 22 
Oct. 4 
Oct. 11 
Oct. 12 
Oct. 19 
Oct. 25 
Oct. 30 
Nov. 8 
1985 
Aug. 8 
Aug. 15 
Dec. 5 
Dec. 19 
1986 
Apr. 7 
July 2 
Aug. 22 
Oct. 2 
Oct. 18 
98-396 
98-443 
98-464 
98-473 
98-499 
98-547 
98-554 
98-559 
98-575 
98-620 
99-83 . 
99-88 . 
99-170 
99-190 
99-272 
99-349 
99-386 
99-435 
99-500 
lOKpar. under heading 
"Urban Mass Transpor-
tation Administration"). 
3, 4, 6, 7, 9(a)-<d), (rHu), 
10-16. 
2013(c). 2014 
101 
101-106, 202-212, 214-
224, 228-231. 
402(17), (18), (51) 
551(a), (b), 552, 553, 556 
lOOdst complete par. on 
p. 352). 
301 
317, 326, 328 
4002-4008, 4012-4016, 
4017(b), 4018, 7001-
7005, 13031(h). 
lOKpar. under heading 
"tfrban 
Mass 
Transpor-
t
a
t
i
o
n 
Administration"). 
205 
101(n[H.R. 
5205, 
§324] 
98 
98 
98 
99 
100 
100 
100 
100 
100 
1400 
1703, 1705, 
1706, 
1708, 1709. 
1821 
2189 
2312 
2755 
2829, 
2832, 
2844, 
2852. 
2907 
3055 
3358, 
3361 .
. 
222, 
226, 
227. 
352 
1018 
1286, 
1289 
106, 
109, 
110, 111, 
139, 
310. 
745 
823 
1080 
1783-308 . 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
15 
49 
49 
App. 
49 
App. 
49 
App. 
15 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
1604 
1159a, 1159b, 
1301, 1304, 
1305, 1377, 
1381, 1382, 
1388, 
1389, 
1389(note), 
1537, 1551, 
1551(note), 
1553-1557, 
2423(note) 
1681, 
1682(note), 
1683, 1684, 
2009, 
2010, 
2012, 
2013 
1301, 1471, 
1472 
1301(note), 
1401, 1422, 
1429, 1472, 
1903 
1901, 
2021-
2034 
10927(notes) 
2301, 
2301(note), 
2311, 
2312, 
2314, 
2316, 
2501-2521 
1808, 1812, 
1813 
2601, 
2601(note), 
2602-2622 
1415, 
2003, 
2305 
1356, 1356b, 
1471, 1515, 
1515(note), 
1515a, 1556 
1371a 
2623 
1519, 1604, 
1614 
502, 
544, 
545, 
546, 
562-565, 
601, 
644 
1654, 1674, 
1682a, 
1684, 
2004, 
2013 
1307 
1301(note), 
1374, 
1374(note) 
2311 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1395 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Pubuc Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
Title 
Section 
Oct. 22 
Oct. 27 
Oct. 28 
Oct. 30 
Nov. 10 
Nov. 14 
1987 
Apr. 2 
July 11 
Sept. 30 
Oct. 30 
Dec. 22 
Dec. 30 
99-514 
99-516 
99-570 
99-579 
99-591 
99-646 
99-654 
100-17 
100-71 
100-121 .
.
.
. 
100-147 .
.
.
. 
100-148 .
.
.
. 
100-202 .
.
.
. 
100-223 .... 
1893(f) 
3401, 
12001-12011, 
12013-12020. 
10ia)[H.R. 5205, §324] 
87(dX8) 
3(bX8) 
133(aX7), (cX2), 135(h), 
205, 209. 301-328. 
(
l
a
s
t 
p
r
o
v
i
s
o 
under 
head-
ing 
"Grants 
t
o 
the 
Na-
t
i
o
n
a
l Railroad Pas-
senger 
Corporation"). 
120 
317(a), 
328, 
106 
101, 1
0
2
(
a
>
-
(
c
)
, 103-
105(g), 106-116, 
201-
207, 
301-306, 
308-311, 
315. 
100 
100 
100 
100 
100 
100 
100 
101 
101 
101 
101 
101 
101 
101 
2930 
2965 
3207-99, 
3207-170, 
3207-186. 
3309 
3341-308 
3624 
3664 
171, 172, 
174, 
220, 
222. 
447 
792 
868 
878 
1329-380, 
1329-382, 
1329-433. 
1487, 1488, 
1494, 
1526, 1532. 
49 
App. 
49 
App. 
49 
App. 
15 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
49 
49 
App. 
23 
49 
1741 
1672, 1680, 
1684, 
2002, 
2009, 
2013 
1401, 
1401(note), 
1472, 1474, 
1509, 
1509(note), 
2304, 
2701, 
2701(note), 
2702-2718 
1901(note), 
1982, 
1988, 
1988(note), 
1990b, 1990c 
2311 
1472 
1472 
1601(note), 
1602, 
1602(note), 
1603, 1604, 
1607a, 
1607a-
1
, 1607c, 
1608, 
1608(note), 
1612-1614, 
1617, 161^ 
1621, 
1655, 
2204(note), 
2311, 
2314, 
2716 
562(note) 
1472 
2623 
1542 
308(note) 
1374, 
2311 
401(note) 
334 
108 STAT. 1396 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
1988 
June 22 
July 19 
Aug. 23 
Sept. 30 
Oct. 14 
Oct. 31 
Chapter or 
Public Law 
100-342 .... 
100-372 .... 
100-418 .... 
100-457 .... 
100-494 .... 
100-561 .... 
Section 
10011-10013 
317(a), 336, 346 
6-8 
1, 101-108(b), 109, 110, 
201-211, 301-306, 308, 
401. 
Statutes at Large 
Vol-
ume 
102 
102 
102 
102 
102 
102 
Page 
624 
876 
1573 
2148, 2153, 
2155. 
2448 
2805, 2809, 
2817. 
U.S. Code 
Title 
49 
App. 
23 
45 
49 
App. 
49 
App. 
49 
App. 
45 
49 
49 
App. 
15 
15 
49 
Section 
1301, 
1348(notes), 
1354, 1389, 
1389(note), 
1421, 
1421(notes), 
1471, 1472, 
1475, 
1475(note), 
1501, 1903, 
1903(note), 
2104, 
2104(note), 
2201-2203, 
2203(note), 
2204, 
2204(note), 
2205, 
2205(note), 
2206-2208, 
2210-2212, 
2218, 
2222(note), 
2224-2227 
401(note) 
1-14, 16, 22-
24, 28, 29, 32, 
34, 38-40, 43, 
43a, 61, 62, 
62(note), 63, 
64, 64a, 
421(note), 
431, 
431(note), 
437, 438, 
438(note), 
440, 441, 444, 
445, 541, 543, 
543, 
543(note), 
548, 602, 
650a, 
650a(note), 
854 
26 
1901(note), 
1903, 1906, 
1907 
1159b 
581 
308(note) 
1551, 1553 
2001, 2002, 
2006, 
2006(note), 
2013, 
2512(note) 
1988 
lOKnote 
prec.) 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1397 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Nov. 3 
Nov. 15 
Nov. 17 
Nov. 18 
- 
> 
1989 
June 30 
Aug. 4 
Nov. 21 
Dec. 11 
Dec. 15 
1990 
May 4 
July 6 
Chapter or 
Pubfic Law 
100-562 .... 
100-591 .... 
100-657 .... 
100-685 .... 
100-690 .... 
101-45 
101-71 
101-164 .... 
101-213 .... 
101-236 .... 
101-281 .... 
101-322 .... 
Section 
(less 2(e)(3)) 
< 
213, 601-604 
6076(a), 7201-7207(c)(3), 
7208, 
7209, 
7211(a), 
(c), 7212-7214, 9102(a), 
(b), 9103-9110, 9112. 
501(proviso in par. under 
heading "Payments to 
Air Carriers"). 
331, 334(c), 335, 340 
1, 2, 4 
2, 3 
Statutes at Large 
Vol-
ume 
102 
102 
102 
102 
102 
103 
103 
103 
103 
103 
104 
104 
Page 
2818 
3011 
3900 
4093, 4102 .. 
4324, 4424, 
4429, 
4433, 
4528, 
4529, 4534. 
109 
181 
1097, 1098, 
1099. 
1843 
2060, 2061 .. 
164 
295 
U.S. Code 
Title 
49 
App. 
15 
49 
49 
App. 
49 
App. 
49 
^^9 
49 
App. 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
45 
Section 
1671(note), 
1672, 
1672(note), 
1674, 1676, 
1679a, 1680, 
1680(note), 
1681, 1684, 
1687, 2002, 
2004, 2007, 
2009-2011, 
2013, 2015, 
2015(note) 
1381(note), 
1397, 
1397(notes) 
106 
1301(note), 
1353, 
1353(note), 
2205 
2601(note), 
2603, 
2603(note), 
2614, 2615, 
2615(note) 
1353(note), 
2623 
334, 
10927(note) 
782, 
1301(note), 
1303, 
1303(note), 
1354, 1401, 
1401(note), 
1422, 1425, 
1429, 1471, 
1472, 2505, 
2505(notes), 
2507, 
2510(note), 
2521, 
2521(note), 
2706(note) 
1389(note) 
2201(note), 
2212, 
2212(note) 
1374, 
1374(note), 
1607a(note), 
1619, 
2205(note) 
1321 
1651(note) 
1654, 
1654(note) 
1421, 1475, 
2210 
1475, 
1475(note), 
2210 
601, 649 
108 STAT. 1398 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Aug. 15 
Aug. 18 
Nov. 3 
Nov. 5 
Nov. 16 
Nov. 28 
Nov. 29 
1991 
Oct. 28 
Chapter or 
Public Law 
101-370 .... 
101-380 .... 
101-500 .... 
101-508 .... 
101-516 .... 
101-599 .... 
101-604 .... 
101-610 .... 
101-611 .... 
101-615 .... 
101-641 .... 
101-647 .... 
102-143 .... 
Section 
4105(a) 
2-14, 15(b), (d), (gXl) 
9102-9105, 
9107-
9112(b), 
9113-9115, 
9118, 9121-9123, 9124 
"Sec. 
613(c)", 
9125, 
9127, 
9129-9131, 
9202-9205, 9207-9209, 
9301-9309, 10501. 
lOKlst sentence last pro-
viso, 2d-la8t sentences 
in par. under heading 
"Facilities and Equip-
ment"), 
324, 
327(a), 
330(a). 
1 
101(a), 
(b), 
102-111, 
203(a)-(c). 
601(a) 
117 
3-20, 22-24, 27, 28 
2-7, 9 
1704 
101(lst sentence last pro-
viso, 2d-last sentences 
in par. under heading 
"Facilities and Equip-
ment"), 324, 336, 346, 
349, 401-405, 3-5(a), 6. 
Statutes at Large 
Vol-
ume 
104 
104" 
104 
104 
104 
104 
104 
104 
104 
104 
104 
104 
105 
Page 
451 
512 
1213, 1218, 
1219, 1221. 
1388-354, 
1388-355, 
1388-363, 
1388-365, 
1388-370, 
1388-371, 
1388-372, 
1388-375, 
1388-399. 
2160, 2182, 
2184. 
3038 
3067, 3068, 
3082. 
3185 
3202 
3245, 3271, 
3276. 
4654, 4658 .. 
4846 
922, 943, 
947, 949, 
951, 953, 
962. 
U.S. Code 
Title 
49 
App. 
23 
49 
App. 
45 
49 
App. 
49 
App. 
49 
App. 
45 
49 
App. 
45 
49 
App. 
15 
45 
49 
App. 
45 
45 
Section 
1357, 1475, 
1482(note) 
401(note) 
1814, 
2501(note), 
2801, 
2801(note), 
2802-2812 
444, 447 
1307, 1344, 
1348(note), 
1353, 1357, 
1371, 1389, 
1433, 1513, 
2151, 
2151(note), 
2152-2158, 
2201-2206, 
2226a-2226d, 
2227 
1348(note), 
1354a, 
2205(note), 
2311 
1672, 2002 
1356, 1357, 
1357(notes), 
1358a-1358d, 
1358d(note), 
1380, 
1380(note), 
1432, 1515, 
1652b, 
1652b(note) 
546 
2601, 2602, 
2604, 2614, 
2623 
435, 439 
1802, 1804, 
1805, 
1805(note), 
1806-1813, 
1813(note), 
1815-1819, 
2509 
1988, 
1988(note) 
562 
1657-1, 1903, 
1905, 1907 
446 
431 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1399 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Dec. 9 
Dec. 18 
1992 
Aug. 26 
Sept. 3 
Sept. 23 
Oct. 6 
Oct. 24 
Chapter or 
Pubuc Law 
102-195 .... 
102-240 .... 
102-345 .... 
102-365 .... 
102-368 .... 
102-388 .... 
102-486 .... 
Sisction 
13 
2, 
2501, 
2504, 
2505, 
2508, 
3005, 
3006(a), 
(b), (d)-(h), 3007-3013, 
3015-3030, 4002-4004, 
4006, 
4007(b), 
(f), 
4008-4010, 
4014, 
5002(b), 
(c), 
5003, 
6021-6024. 
2(a), (b), 3, 4 
2-4(aX3), (c), 5(a), (b), 7-
9(a), 10, 12, 14, 15, 18. 
801 
(last proviso of 1st sen-
tence, 
2d-last 
sen-
tences, in par. under 
heading "Facilities and 
Equipment"), 324, 355, 
362, 501, 502(a), (c)-
(r), 503(2). 
403 
Statutes at Large 
Vol-
ume 
105 
105 
106 
106 
106 
106 
106 
Page 
1613 
1914, 2081, 
2083, 
2084, 
2088, 
2089, 
2108, 
2140, 
2148, 
2152, 
2153, 
2158, 2184. 
923, 925 
972, 974, 
975, 976, 
978, 980, 
982. 
1131 
1525, 1547, 
1556, 
1560, 
1566, 1567. 
2876 
U.S. Code 
Title 
49 
App. 
49 
App. 
15 
49 
49 
App. 
49 
App. 
45 
49 
App. 
49 
App. 
15 
49 
App. 
15 
Section 
1354a, 
1357(note), 
1421(note), 
1434, 1618a, 
2104, 2157, 
2205(note), 
2717 
2623 
13920'), 
1392(notes), 
1413, 1414 
lOl(note), 
301(notes), 
11506(note) 
1601-1603, 
1607, 1607a, 
1607a-l, 
1607c, 1608, 
1608(note), 
1612, 1614, 
1617-1619, 
1622-1625, 
2302, 
2302(notes), 
2303, 2304, 
2304(note), 
2306, 2307, 
2311, 2312, 
2511a, 2708, 
2716, 2718 
1422, 1429, 
1471, 1475 
6, 10, 13, 34, 
38(note), 39, 
43, 64a, 431, 
431(note), 
437(note), 
438, 441, 444 
26, 1654 
1607c 
1950 
1348a, 1354a, 
1602, 1607, 
1607a, 1608, 
1612, 1614, 
1617, 1622, 
2205(note) 
2001, 2002, 
2006, 2013 
108 STAT. 1400 
PUBLIC LAW 103-272—JULY 5, 1994 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Oct. 25 
Oct. 27 
Oct. 28 
Oct. 31 
Nov. 4 
Chapter or 
Pubuc Law 
102-508 .... 
102-519 .... 
102-533 .... 
102-548 .... 
102-581 .... 
102-588 .... 
Section 
101-115(a), (c), 116-118, 
201-216, 
301, 
303, 
304(a), (b), 501-507. 
201-204, 301-306 
2-10, 14 
2(a), (cMe) 
101-103(d), 
105-107(c), 
108-112(b), 
113-120, 
124, 
125, 
136, 201-
203(a), 205, 208, 302, 
401, 402. 
211, 503, 505 
Statutes at Large 
Vol-
ume 
106 
106 
106 
106 
106 
106 
Page 
3290, 3297, 
3307, 3311. 
3389 
3515, 3522 .. 
3646, 3648 .. 
4875, 4877, 
4879, 
4881, 
4885, 
4889, 
4894, 
4895, 4897. 
5115, 5124 .. 
U.S. Code 
Title 
49 
App. 
15 
45 
49 
49 
App. 
15 
49 
App. 
Section 
1671, 
1671(note), 
1672-1674, 
1678, 1679a, 
1679b, 
1679b(note), 
1680, 1681, 
1683-1685, 
1687, 1688, 
1802, 1805, 
1812, 1813, 
1816, 1819, 
1903, 2001, 
2001(note), 
2002-2004, 
2007, 2008, 
2008(note), 
2009, 2010, 
2012, 2013 
2021-2023, 
2025, 2026a, 
2026a(note), 
2026b, 
2026b(note), 
2026c, 2027-
2034, 2041-
2044 
431, 502, 544, 
546, 563, 601, 
602, 650, 
650b, 650c, 
856 
501, 508, 
508(note) 
1302, 1344, 
1348, 
1348(note), 
1354(note), 
1357, 
1421(note), 
1471, 1501, 
1513, 1532, 
1534, 1542, 
2153, 2158, 
2201-2208, 
2210, 
2210(note), 
2211, 2212, 
2226b, 2226c, 
2227 
5804 
2615, 2623 
Revised Statutes 
5256 ... 
5257 ... 
5258 ... 
5259 ... 
5260 ... 
5261 ... 
5262 ... 
Revised Statutes Section 
United States Code 
Title 
45 
45 
45 
45 
45 
45 
45 
Section 
81 
82 
84 
85 
86 
87 
88 
PUBLIC LAW 103-272—JULY 5, 1994 
108 STAT. 1401 
Reorganization Plans 
Year 
1950 
1961 
1965 
1968 
Plan 
No. 
13 
3 
3 
2 
Section 
l(aXl), (2) 
Statutes at 
Large 
Vol-
ume 
64 
75 
79 
82 
Page 
1266 
837 
1320 
1369 
Approved July 5, 1994. 
LEGISLATIVE HISTORY—H.R. 1758: 
HOUSE REPORTS: No. 103-180 (Comm. on the Judiciary). 
SENATE REPORTS: No. 103-265 (Comm. on the Judiciary). 
- i 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): July 27, considered and passed House. 
Vol. 140 (1994): June 10, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
July 5, Presidential statement.