Title 49
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49
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Title 49—TRANSPORTATION
This title was enacted by Pub. L. 95–473, § 1, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 97–449, § 1, Jan. 12, 1983, 96 Stat. 2413; Pub. L. 103–272, July 5, 1994, 108 Stat. 745
Current through 117-49

Subtitle

Sec.

I.DEPARTMENT OF TRANSPORTATION101

II.OTHER GOVERNMENT AGENCIES1101

III.GENERAL AND INTERMODAL PROGRAMS5101

IV.INTERSTATE TRANSPORTATION10101

V.RAIL PROGRAMS20101

VI.MOTOR VEHICLE AND DRIVER PROGRAMS30101

VII.AVIATION PROGRAMS40101

VIII.PIPELINES60101

IX.Multimodal Freight Transportation 11 So in original. Probably should be uppercase.70101

X.MISCELLANEOUS80101

Amendments2015—Pub. L. 114–94, div. A, title VIII, § 8001(b), Dec. 4, 2015, 129 Stat. 1612, substituted “Multimodal Freight Transportation …70101” for “[TRANSFERRED]” in item for subtitle IX.
2010—Pub. L. 111–314, § 4(d)(1)(A), Dec. 18, 2010, 124 Stat. 3440, substituted “[TRANSFERRED]” for “COMMERCIAL SPACE TRANSPORTATION …70101” in item for subtitle IX.
1995—Pub. L. 104–88, title I, § 102(b), Dec. 29, 1995, 109 Stat. 852, as amended by Pub. L. 104–287, § 6(f)(1), Oct. 11, 1996, 110 Stat. 3399, substituted “TRANSPORTATION” for “COMMERCE” in item for subtitle IV.
1994—Pub. L. 103–272, § 1(b), July 5, 1994, 108 Stat. 745, amended subtitle analysis generally, substituting “OTHER GOVERNMENT AGENCIES …1101” for “TRANSPORTATION PROGRAMS …3101” in item for subtitle II, “GENERAL AND INTERMODAL PROGRAMS …5101” for “[RESERVED—AIR TRANSPORTATION]” in item for subtitle III, and “RAIL PROGRAMS …20101” for “[RESERVED—MISCELLANEOUS]” in item for subtitle V, and adding items for subtitles VI, VII, VIII, IX, and X.
1983—Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2413, amended subtitle analysis generally, substituting “DEPARTMENT OF TRANSPORTATION …101” for “[RESERVED—DEPARTMENT OF TRANSPORTATION]” in item for subtitle I and “TRANSPORTATION PROGRAMS …3101” for “[RESERVED—TRANSPORTATION PROGRAMS]” in item for subtitle II.

Table Showing Disposition of Former Sections of Title 49 or Title 49 Appendix

Title 49 or Title 49 AppendixFormer SectionsTitle 49New Sections

1(1), (2)10501
1(3)10102
1(4) (related to standards)10701
1(4) (2d sentence last cl.)10702
1(4) (1st sentence related to through routes and 2d sentence less last cl.)10703
1(4) (1st sentence 14th–23d words)11101
1(5)(a)10701
1(5)(b) (7th and 8th sentences)10709
1(5)(b) (less 7th and 8th sentences)10701
1(5)(c)(i)10709
1(5)(c)(ii)10102
1(5)(d)Rep.
1(5½)10749
1(6) (last sentence)10750
1(6) (less last sentence)10702 (See also 10701(a))
1(7) (1st sentence, 32 words before 8th semicolon-9th semicolon)10721
1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st–18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos)10722
1(7) (1st sentence 1st–4th and 13th–20th words after 2d semicolon and words between 3d and 5th semicolons)10723
1(7) (1st sentence 5th–12th and 21st–29th words after 2d semicolon and last 11 words before 1st proviso)10723
1(7) (1st sentence 1st proviso, words between semicolon and colon)10724
1(7) (less 1st sentence)11905
1(8)10746
1(9)11104
1(10)10102
1(11)11121
1(12) (3d sentence)11902
1(12) (less 3d sentence)11126
1(13)11121
1(14)(a)11122
1(14)(b)11121
1(14)(c)11105
1(15) (related to car service less last sentence)11123
1(15) (last sentence)11128
1(15) (related to service less last sentence)11127
1(16) (related to traffic less (b))11124
1(16) (related to service less (b))11127
1(16)(b)11125
1(17)(a) (1st sentence)11121
1(17)(a) (last sentence less proviso)11901
1(17)(a) (last sentence proviso)10501
1(17)(b)11907
1(18)(a), (b)10901
1(18)(c)10902
1(18)(d)10907
1(18)(e) (related to action by the Attorney General)11703
1(18)(e) (related to Commission action)11702
1(18)(e)11901
1(18)(e) (related to State enforcement)11505
1(19)–(22)Rep.
1 note10711
1a(1) (1st sentence)10903
1a(1) (less 1st and last sentences)10904
1a(1) (last sentence)10907
1a(2), (3)10904
1a(4)10903
1a(5)10904
1a(6), (7)10905
1a(8)Rep.
1a(9) (related to Commission action)11702
1a(9) (related to action by the Attorney General)11703
1a(9) (last sentence)11901
1a(9) (related to State enforcement)11505
1a(10)10906
1a(11)10905
210741
3(1)10741
3(1a)Rep.
3(2) (1st sentence)10743
3(2) (less 1st sentence)10744
3(3)10744
3(4) (1st sentence 2d cl., 2d sentence related to standards)10701
3(4) (less 1st sentence 2d cl., and 2d sentence related to facilities)10742
3(5)11103
410726
5(1) (words between semicolon and 1st colon)11914
5(1) (less words between semicolon and 1st colon)11342
5(2)(a)11343
5(2)(b)–(e)11344
5(2)(f)11347
5(2)(g), (h)11345
5(3)(a)–(e)11346
5(3)(f) (last sentence)11346
5(3)(f) (less last sentence)11350
5(3)(g)11346
5(4)11348
5(5)–(7)11343
5(8) (last sentence)11912
5(8) (less last sentence)11701
5(9)11702
5(10)11351
5(11)11343
5(12)11341
5(13)Rep.
5(14)11343
5(15) (words after semicolon)11914
5(15) (less words after semicolon)11321
5(16), (17)11321
5aRep.
5b, 5c10706
6(1)10762
6(2)10765
6(3), (4)10762
6(5)10764
6(6)10762
6(7)10761
6(8)11128
6(9)10762
6(10)11901
6(11)10503
6(12)10765
710745
8, 911705
10(1)11914
10(2)–(4)11904
1110301
12(1)(a) (less 2d sentence words after semicolon and last sentence words after 1st semicolon and before last semicolon)10321
12(1)(a) (words after semicolon in 2d sentence)10311
12(1)(a) (last sentence less words before 1st semicolon and after last semicolon)11703
12(1)(b)10505
12(2)–(7)10321
13(1)11701
13(2) (last sentence)11502
13(2) (less last sentence)11701
13(3)11502
13(4), (5)11501
13(6)10326
13a(1)10908
13a(2)10909
14(1), (2)10310
14(3) (last sentence)10311
14(3) (less last sentence)10310
15(1)10704
15(2)10324
15(3), (4)10705
15(5)10748
15(6)10705
15(7)10708
15(8)10707
15(9)10709
15(10)10763
15(11)11710
15(12)10763
15(13), (14)11910
15(15)10747
15(16)10321
15(17)10727
15(18)10728
15(19)10729
15a(1)–(5)10704
15a(6), 15bRep.
16(1), (2)11705
16(3)(c), (g)11705
16(3)(h)Rep.
16(3) (less (c), (g), and (h))11706
16(4)11705
16(5)10329
16(6)10324
16(7)11914
16(8)–(10)11901
16(11)10301
16(12) (related to Commission action)11702
16(12) (related to action by the Attorney General)11703
16(12) (related to action by private person)11705
16(12) (enforcement of money award)11705
16(13)10303
16aRep.
17(1)10302
17(2) (1st sentence 80th–98th words and 2d sentence)10304
17(2) (less 80th–90th words in 1st sentence, less 2d sentence)10305
17(3) (less 2d sentence and last 42 words of 3d sentence)10306
17(3) (2d sentence)10301
17(3) (last 42 words of 3d sentence)10321
17(4) (1st and 3d sentences)10305
17(4) (2d sentence)10303
17(5)10322
17(6), (7)10323
17(8)10324
17(9)(j)10310
17(9) (less (j))10327
17(10)10325
17(11)10305, 10306
17(12)10328
17(13)10308
17(14)(a)11701
17(14)(b)Rep.
17(15)10309
17 note10306
18(1) (1st and 3d sentences)10301
18(1) (2d sentence)10303
18(1) (4th sentence)10307
18(1) (last sentence)10321
18(2)10301
1910307
19a(a) (1st and last sentences)10781
19a(a) (2d and 3d sentences)10301
19a(b)10782
19a(c)10781
19a(d)Rep.
19a(e)10783
19a(f), (g)10784
19a(h)–(j)10785
19a(k) (1st sentence)10786
19a(k) (less 1st sentence)11901
19a(l)11703
20(1), (2)11145
20(3) (less (e))11142
20(3)(e)Rep.
20(4)11143
20(5)11144
20(6) (2d sentence, 1st cl.)11144
20(6) (2d sentence, 2d cl.)11145
20(6) (less 2d sentence)11144
20(7)(a)11901
20(7)(b) (proviso)11144
20(7)(b) (less proviso)11909
20(7)(c)–(e)11901
20(7)(f)11910
20(8)11141
20(9)11703
20(10)10301
20(11) (2d sentence, 1st proviso)10103
20(11) (less 1st sentence 2d proviso related to released value, 2d sentence less words before 2d proviso)11707
20(11) (1st sentence 2d proviso related to released value), 2d sentence (less 1st–5th provisos)10730
20(12)11707
20a(1)–(10)11301
20a(11) (2d and 3d sentences)11709
20a(11) (less 2d, 3d, and 4th sentences)11301
20a(11) (last sentence)11911
20a(12) (last sentence)11911
20a(12) (less last sentence)11322
20b(1)11361
20b(2) (1st–3d sentences, 4th sentence less words between 8th comma and period, 9th sentence)11362
20b(2) (4th sentence, words between 8th comma and period, 8th comma and period, 8th sentence)11363
20b(2) (5th and 7th sentences)11364
20b(2) (less 1st–9th sentences)11365
20b(3) (1st and last sentences)11362
20b(3) (less 1st and last sentences)11363
20b(4)11365
20b(5)11361
20b(6)11366
20b(7)Rep.
20b(8)11362
20b(9)11367
20b(10)10321
20b(11)11367
20b(12)Rep.
20b(13)11361
20c11303
2110311
22(1) (1st sentence 1st 26th and 62d–76th words)10721
22(1) (1st sentence 77th–86th words and 2d proviso, 2d–4th sentences)10722
22(1) (1st sentence words between 2d and 4th semicolons)10722
22(1) (1st sentence words between 4th and 5th semicolons)10722
22(1) (1st sentence 27th–61st words and words between 1st and 2d semicolons)10723
22(1) (1st sentence words between 6th semicolon and 1st proviso)10723
22(1) (last 2 sentences)10724
22(1) (1st sentence words between 5th and 6th semicolons)10103
22(1) (1st proviso 1st sentence)Rep.
22(2) (less 1st sentence proviso)10721
22(2) (1st sentence proviso)Rep.
2311703
25Rep.
26(a)20102
26(b)20502
26(c)20503
26(d)20504
26(e)20502
26(f) (words before last semicolon)20505
26(f) (words after last semicolon)20902
26(g)501
26(h) (1st sentence words before last comma)21302
26(h) (1st sentence words after last comma)21304
26(h) (2d, 3d sentences, 4th sentence words before last comma)21302
26(h) (4th sentence words after last comma, 5th sentence)21304
26(h) (last sentence)21302
26a11504
26b10381–10388
26c11503
27Rep.
41(1) (1st sentence)11915
41(1) (less 1st sentence)11903
41(2) (related to corporate violations)11903
41(2) (related to corporate violations)11915
41(2) (last sentence)11916
41(3)11902
42Rep.
4311703
44, 45T. 15 §§ 28, 29
4611913
47, 48Rep.
49Elim.
50 (related to notice)10329
50 (related to process)10330
51 (related to ownership)11321
51 (related to 49:6(11))10503
5210783
53Elim.
54–59Rep.
6011507
61–64Rep.
65, 65a10721
66T. 31 § 3726
67Elim.
71–79Rep.
80T. 40 § 316 (See Rev. T. 40 Table)
8180102
82, 8380103
84, 8580112
86, 8780103
88, 8980110
90–9280111
9380108
9480114
9580107
96–9980110
100–10280113
10380115
104Rep.
10580109
10680111
107, 10880104
109 (1st sentence)80106
109 (last sentence)80103
11080104
11180105
112, 11380106
114–11680107
117, 11880104
119, 12080105
12180116
12280101
123, 124Rep.
141Rep.
142303a
143Rep.
151–157Rep.
171–173a, 174–184Rep.
201Rep.
211–213T. 43 §§ 1441–1443
214Rep.
231Rep.
241–246T. 50 §§ 151–154, 156, 157
250–268Rep.
301Rep.
302(a), (b)(1)10521
302(b) (less (1))11506
302(c)10523
303(a)(1)10102
303(a)(2)10342
303(a)(3)Rep.
303(a)(4)10341
303(a)(5)–(7)Rep.
303(a)(8), (9)10102
303(a)(10) (proviso)10522
303(a)(10) (less proviso)10521
303(a)(11)10521, 10927
303(a)(12), (13)10102
303(a)(14) (words before 2d comma)10102
303(a)(14) (words after 2d comma)10502
303(a)(15)–(19)10102
303(a)(20), (21)Rep.
303(a)(22), (23)31501
303(b)10526
303(c) (words between 6th and 7th commas)10521
303(c) (words before “nor”, less words between 6th and 7th commas)10921
303(c) (less words before “nor”)10524
304(a) (matter preceding (1))10321
304(a)(1) (related to service)11101
304(a)(1) (related to accounts)11142
304(a)(1)–(2) (related to qualifications, hours of service, and safety)31502
304(a)(2) (less “qualifications” through period)11142
304(a)(3) (1st sentence)31502
304(a)(3) (last sentence) (related to “Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)”)502–507, 522, 523, 525, 526
304(a)(3) (last sentence) (related to “Sec. 305(d) (related to liability)”)525
304(a)(3) (last sentence) (related to “Sec. 324”)31504
304(a)(3a) (last sentence) (related to “Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)”)502–507, 522, 523, 525, 526
304(a)(3a) (1st sentence)31502
304(a)(3a) (last sentence) (related to “Sec. 305(d) (related to liability)”)525
304(a)(3a) (last sentence) (related to “Sec. 324”)31504
304(a)(4)11142
304(a)(4a)10525
304(a)(5)31503
304(a)(6)10321
304(a)(7) (words after semicolon)10311
304(a)(7) (less words after semicolon)10321
304(b)11102
304(c)11701
304(d) (related to administration matters)10303
304(d) (related to reports)10310
304(d)10311
304(e)11107
304(f)11101
304a(1)–(4)11706
304a(5), (6)11705
304a(7)Rep.
304a(8)11706
305(a) (1st and 2d sentences)10341
305(a) (3d sentence less proviso)10342
305(a) (3d sentence proviso)10344
305(a) (less 1st–3d sentences)10343
305(b) (2d sentence, 1st 12 words)10344
305(b) (1st, 3d, 5th, and 12th sentences)10342
305(b) (2d sentence 13th–37th words)10341
305(b) (4th and 6th sentences)10342
305(b) (7th–9th sentences)10343
305(b) (10th sentence)10342
305(b) (11th sentence)10344
305(b) (less 1st–12th sentences)10342
305(c) (related to the Commission)10307
305(c) (related to joint boards)10344
305(d) (related to Commission and employee board subpena power)10321
305(d) (related to joint boards)10344
305(d) (related to liability)11913
305(e)10328
305(f) (4th sentence)10344
305(f) (less 4th sentence)11502
305(g) (proviso)Rep.
305(g) (less proviso)11705, 11706
305(h)10301–10306, 10308, 10309, 10321–10325, 10328
305(i) (related to members of Commission)10301
305(i) (related to joint board)10344
305(i) (related to examiner)10306
305(j)10301
305a10344 note
306(a)(1) (word before proviso)10921
306(a)(1) (words after colon)Rep.
306(a)(2)10932
306(a)(3)–(5)Rep.
306(a)(6)10931
306(a)(7)10932
306(b), 30710922
308(a), (b)10922
308(c), (d)10932
309(a)(1) (words before 1st proviso)10921
309(a)(1) (words between 1st and last colons)Rep.
309(a)(1) (last proviso)10526
309(a)(2)10932
309(a)(3)–(5)Rep.
309(b) (last proviso)10932
309(b) (less last proviso)10923
31010930
310a(a)10928
310a(b)11349
310a(c)10928
310a(c)11349
311(a) (words before 1st proviso)10921
311(a) (words after 1st colon)10924
311(b), (c) (words before 2d comma)10924
311(c) (words after 2d comma)10927
311(d)11144
312(a)10925
312(b)10926
312(c)Rep.
31311304
314 (related to securities)11302
314 (related to penalties)11911
31510927
316 (related to standards)10701
316(a) (1st–24th, 45th–59th words)10703
316(a) (60th–143d words)10702
316(a) (25th–44th words)11101
316(b) (related to standards)10701
316(b) (16th–33d words)11101
316(b) (less 16th–33d words)10702
316(c) (less 2d sentence)10703
316(c) (2d sentence)10702
316(d) (1st sentence)10701
316(d) (less 1st sentence)10741
316(e) (2d sentence 2d cl.)10705
316(e) (2d sentence less 2d cl. and less proviso)10704
316(e) (proviso)10521
316(e) (less 2d sentence)11701
316(f)10705
316(g) (less proviso)10708
316(g) (proviso)Rep.
316(h)10701
316(i)10704
316(j)10103
317(a)10762
317(b) (proviso)10103, 10721–10724
317(b) (less proviso)10761
317(c)10762
317(d)10761
318(a) (1st sentence related to standards)10701
318(a) (1st and 4th sentences, and 7th sentence proviso related to relief)10702
318(a) (2d, 5th, and 6th sentences, and 7th sentence proviso related to general requirements)10762
318(a) (3d sentence, 7th sentence less proviso, and 7th sentence proviso related to relief)10761
318(b)10704
318(c) (proviso)Rep.
318(c) (less proviso)10708
31910730, 11707
320(a) (1st and 2d sentences)11145
320(a) (less 1st and 2d sentences)10764
320(b)11145
320(c)11143
320(d)11144
320(e)11141
320(f)504
320(g)11144
321(a)10329
321(b)10324
321(c)10330
321(d) (related to orders)10324
321(d) (related to notice)10329
321(d) (related to process)10330
322(a)11914
322(b)(1)11702
322(b) (less (1))11708
322(c) (related to rate violations)11904
322(c) (related to evasion of regulation)11906
322(d)–(f)11910
322(g)11909
322(h)11901
323 (1st sentence)10743
323 (less 1st sentence)10744
32411106
324a10747
32531503
325a11504
326, 327Rep.
401–403Rep.
421–422aRep.
422bElim.
423–427Rep.
451–460Rep.
461Elim.
481–496Rep.
521–524Rep.
551–560Rep.
581, 582Rep.
601–603Rep.
621–623Rep.
641–649Rep.
671–685Rep.
701–705Rep.
711–722Rep.
751–758Rep.
78180302
78280303
783 (1st sentence)80304
783 (last sentence)80303
784 (proviso)80304
784 (less proviso)80306
78580305
78680306
787(a)–(c)80301
787(d)–(g)80302
788, 78980304
901Rep.
902(a)10102
902(b)Rep.
902(c), (d) (less exception)10102
902(d) (words after 1st comma)10502
902(e) (1st and 2d sentences)10102
902(e) (3d–5th sentences)10544
902(f)–(h)10102
902(i)10541
902(j)–(m)10102
903(a)10541
903(b)–(d)10542
903(e)(1)10544
903(e)(2) (last sentence)Rep.
903(e)(2) (less last sentence)10544
903(e)(3)10544
903(f)10543
903(g), (h)10544
903(i)10721
903(j), (k)10541
903(l)10929
904(a)10321
904(b) (words after last semicolon)10311
904(b) (less words after last semicolon)10321
904(c)11102
904(d)11108
904(e)11701
905(a) (1st sentence related to standards and 2d sentence)10701
905(a) (1st sentence 1st cl.)11101
905(a) (less 1st sentence 1st cl. and last sentence)10702
905(b) (4th sentence)10701, 10702
905(b) (less 4th sentence)10703
905(c)10741
905(d) (1st sentence 2d cl., 2d sentence related to facilities)10701
905(d) (less 1st sentence 2d cl., 2d sentence related to standards)10742
906(a), (b)10762
906(c) (proviso)10103, 10721–10724
906(c) (less proviso)10761
906(d) (1st sentence)10761
906(d) (less 1st sentence)10762
906(e) (1st sentence related to standards)10701
906(e) (1st sentence and 7th sentence proviso related to relief)10702
906(e) (2d, 4th, 5th, and 6th sentences, and 7th sentence provision, related to general requirements)10762
906(e) (3d sentence, and 7th sentence less proviso, and 7th sentence proviso related to relief)10761
907(a)11701
907(b)10704
907(c)10701
907(d), (e)10705
907(f)10704
907(g) (proviso)Rep.
907(g) (less proviso)10708
907(h)10704
907(i) (proviso)Rep.
907(i) (less proviso)10708
908(a)–(e), (f)(4)11705
908(f) (less (4))11706
908(g)11705
909(a) (words before 1st proviso)10921
909(a) (words after 1st colon)Rep.
909(b)–(e)10922
909(f) (words before 1st proviso)10921
909(f) (words after 1st colon)Rep.
909(g)10923
91010930
911(a)10928
911(b)11349
91210926
912a10925
913(a)11145
913(b)10764
913(c)11142
913(d)11143
913(e)–(g)11144
913 (less (a)–(g))11141
91410747
915(a)10329
915(b)11701
915(c), (d)10324
915(e)11914
916(a)10301–10306, 10308, 10309, 10321–10325, 10328, 11703, 11913
916(b) (related to Commission action)11702
916(b) (related to action by the Attorney General)11703
916(b) (related to action by private person)11705
916(c)10310
916(d)10303
917(a)11914
917(b), (c)11904
917(d)11909
917(e)11910
917(f) (1st and 2d sentences)11910
917 (less (a)–(e) and (f) (1st and 2d sentences))11910
918 (1st sentence)10743
918 (less 1st sentence)10744
91910301
920–922Rep.
922a11303
922b11504
923Rep.
1001Rep.
1002(a)(2)Rep.
1002(a)(1), (3), (4), (5), (8)10102
1002(a)(6), (7)10561
1002(b), (c)10562
1003(a)10321
1003(b)11101
1003(c), (d)10927
1003(e) (words after last semicolon)10311
1003(e) (less words after last semicolon)10321
1003(f)11701
1004(a) (1st cl.)11101
1004(a) (related to standards)10701
1004(a) (related to carrier authority)10702
1004(b), (c)10741
1004(d)10766
1005(a), (b)10762
1005(c) (proviso)10103, 10721–10724
1005(c) (less proviso)10761
1005(d)10762
1005(e)10761
1006(a)11701
1006(b)10704
1006(c)10701
1006(d)10704
1006(e) (proviso)Rep.
1006(e) (less proviso)10708
1006(f) (2d and 3d sentences)10502
1006(f) (less 2d last sentences)11502
1006(f) (4th and last sentences)11501
1006a(5), (6)11705
1006a (less (5), (6), (7))11706
1006a(7)Rep.
1007, 100810725
100910766
1010(a)(1) (words before semicolon)10921
1010(a) (less words before semicolon in par. (1))Rep.
1010(b)10923
1010(c) (less 2d sentence, words before semicolon)10923
1010(c) (2d sentence, words before semicolon)10930
1010(d), (e)10923
1010(f)10925
1010(g)10926
1010(h)10930
1010(i) (1st sentence)10933
1010(i) (less 1st sentence and 2d sentence words before semicolon)11908
1010(i) (related to Commission action)11702
1010(i) (related to enforcement by the United States)11703
1010(i) (related to private enforcement)11704
1010(i) (related to State enforcement)11505
1011(a)11323
1011(b) (last proviso)Rep.
1011(b) (less last proviso)10930
1011(c)11323
1011(d)11701
1011(e)11702
1011(f)11701
1011(g)11323
1012(a) (1st and 2d sentences)11145
1012(a) (3d sentence)11142
1012(a) (last sentence)10764
1012(b)11145
1012(c)–(e)11144
1012(f)11141
1013 (1st sentence related to released value)10730
101311707
101410743
101510747
1016(a)10329
1016(b), (c)10324
1016(d)11914
1017(a)10301–10306, 10308, 10309, 10311, 10321–10325, 10328, 11703, 11705, 11913
1017(b)(1) (related to Commission action)11702
1017(b)(1) (related to action by the Attorney General)11703
1017(b)(1) (related to action by private person)11705
1017(b) (less (1))11708
1017(c)10310
1017(d)10303
101810749
1019Rep.
1020 (related to service)11127
1020 (related to penalties)11901
1021(a)11914
1021(b), (c)11904
1021(d)11909
1021(e), (f)11910
1021 (less (a)–(f))11703
1022Rep.
1101–1103Rep.
1103aElim.
1104–1120Rep.
115147301
115247302
115347303
115447302
1155–1157(b)47304
1157(c)Rep.
115847304
1159(a) (1st sentence)47305
1159(a) (last sentence)47306
1159(b)–(d)47305
1159a, 1159b41310
116047305
1181–1185Rep.
1201–120380504
1211–1215Rep.
1231–1240Rep.
1301(1)Rep.
1301(2), (3) (less proviso)40102
1301(3) (proviso)40109
1301(4)–(12)40102
1301(13)Rep.
1301(14) (related to certificate)41101
1301(14) (less certificate)–(37)40102
1301(38)46501
1301(39)–(41)40102
1302, 130340101
1303 note44111, 44713, 45302, 46301, 46306, 46315
130440103
1305(a), (b)(1)41713
1305(b)(2)40102
1305(c), (d) (related to (a), (b)(1))41713
1305(d) (related to (b)(2))40102
1305(d) (related to (c))41713
1306–1308Rep.
1321–1323Rep.
1324(a)40113
1324(b), (c)41711
1324(d)40114
1325Rep.
1341(a), (b)106
1341(c)Rep.
1342106
1343(a)(1), (2) (related to cooperative agreements)324
1343(a)(2) (related to Deputy Administrator)106
1343(b)329
1343(c)40107
1343(d)323
1343(e)Rep.
1343(f), (g) (1st sentence 33d–43d words)323
1343(g) (less 1st sentence 33d–43d words)325
1343(h)Rep.
1343(i)322
1344(a)–(d)40110
1344(a)322
1344(b)331
1344(c)(1)326
1344(d) (less words after semicolon)322
1344(d) (words after semicolon)(See former section 1348(b).)
1344(e)322, 40111
1344(f)40112
1344(g)40110
1344(h)47124
134540107
1346, 1346a40104
134740101
1348(a)40103
1348(b) (1st sentence cl. (3))44721
1348(b) (1st sentence less cl. (3), 2d sentence)44502
1348(b) (3d, last sentences)44721
1348(c), (d)40103
1348(e)40109
1348(f)40106
1348 notes44506, 44514, 44719
1348a44506
1349(a) (1st, 2d sentences)44502
1349(a) (3d, last sentences)40103
1349(b), 135044502
135144720
1352329
1353(a)44501
1353(b)44504
1353(c)44505
1353(d)44501
1353(e)44507
1353(f)44508
1353(g)44511
1353(h)44512
1353(i)44513
1353 notes44506, 48102
1354(a)40113
1354(b)40114
1354(c) (related to this chapter)46104
1354(c) (related to Airport and Airway Improvement Act of 1982)47122
1354(c) (related to Federal Airport Act and Airport and Airway Development Act of 1970)Rep.
1354(d)40108
1354(e)308(b), 40113
1354(f)45302
1354 note44515, 48110
1354a (1st sentence)44510
1354a (2d sentence)48106
1354a (3d, last sentences)44510
1355 (less (a) (last sentence related to fees))44702
1355(a) (last sentence related to fees)45303
1356(a) (1st, 2d sentences)44901
1356(a) (3d sentence 1st–18th words)44938
1356(a) (3d sentence 19th–last words)44901
1356(a) (last sentence), (b)44938
1356(c)44901
1356aRep.
1356b44903
1357(a), (b)44903
1357(c)44935
1357(d)(1), (2)40119
1357(d)(3)–(8)44912
1357(d)(9)48107
1357(e)(1)40119, 44937
1357(e)(2), (3), (f), (g)44903
1357(g)44936
1357(h)–(j)44935
1357(k)(1)–(3)44906
1357(k)(4)44938
1357 notes44904, 44906, 44914, 44936, 44938
135844915
1358a44932
1358b(a)44933
1358b(b)44934
1358b(c)Rep.
1358c44913
1358d44905
1358d note44910
1359Rep.
1371(a)41101
1371(b), (c)41108
1371(d)(1)–(3)41102
1371(d)(4)(A)(i), (ii) (related to joint services)41101
1371(d)(4)(A)(ii) (related to joint rates, fares), (B)41503
1371(d)(5)–(7)Rep.
1371(d)(8) (1st sentence)41102
1371(d)(8) (last sentence)41110
1371(d)(9)41108
1371(e)(1)–(4)41109
1371(e)(5)–(7)(A)Rep.
1371(e)(7)(B)41109
1371(e)(7)(C)Rep.
1371(f), (g)41110
1371(h)41105
1371(i)41101
1371(j)41312
1371(k)42112
1371(l)41903
1371(m)41107
1371(n)(1)Rep.
1371(n)(2)–(6)41104
1371(o)41106
1371(p)41111
1371(q)41112
1371(r)41110
1371a (related to certificate)41110
1371a (related to permit)41304
1372(a)41301
1372(b)41302
1372(c), (d)41305
1372(e) (related to duration of permits)41304
1372(e) (related to terms, conditions, or limitations of permits)41305
1372(f)41304
1372(g)41303
1372(h)41306
1373(a)41504
1373(b)(1) (1st sentence)41510
1373(b)(1) (2d–last sentences)41511
1373(b)(2)41510
1373(c)(1), (2)41504
1373(c)(3)41509
1373(d)41506
1374(a)(1)41702
1374(a)(2)41501
1374(b)41310
1374(c)41705
1374(d)(1)41706
1374(d)(2)46301
1374 note41706
1375(a)Rep.
1375(b)41902
1375(c), (d)41903
1375(e)(1)41912
1375(e)(2)41904
1375(f)(1) (1st sentence)41905
1375(f)(1) (2d–last sentences), (2)41908
1375(g)41911
1375(h)41906
1375(i)Rep.
1375(j)T. 39 § 5007
1376(a)–(e)41901
1376(f)41910
1376(g)Rep.
1376(h)(1)41907
1376(h)(2)41909
1376(h)(3)41907
1376a, 1376bRep.
1377(a)41708
1377(b), (c)Rep.
1377(d), (e) (1st–3d sentences)41709
1377(e) (last sentence)41708
1378, 1379Rep.
1380, 1380 note44909
1381(a)41712
1381(b)41707
1382(a), (b)41309
1382(c)42111
138340102
138441308
138541711
1386(a)41701
1386(b)40109
1387, 1388(a)(1)–(3)Rep.
1388(a)(4)41103
1388(b)(1)(A)Rep.
1388(b)(1)(B), (2)41103
1388(b)(3)Rep.
1388(b)(4)41110
1388(c), (d)41103
1389(a)41731
1389(b)(1)41733
1389(b)(2)41734
1389(b)(3), (4)41733
1389(b)(5)–(8)41734
1389(b)(9)41733
1389(c)41735
1389(d)41736
1389(e)(1)41738
1389(e)(2)–(g)41737
1389(h)41741
1389(i)41739
1389(j)41740
1389(k)(1)41732
1389(k)(2)–(5)41731
1389(l)41737
1389(m)41742
1401(a)44101
1401(b)44102
1401(c), (d)44103
1401(e)(1)44105
1401(e)(2)(A)–(C)44106
1401(e)(2)(D), (E)44103
1401(e)(2)(F)44106
1401(f), (g)44103
1401(h)44111
1401 note44111, 44703, 44713
140244104
1403(a), (b)44107
1403(c), (d)44108
1403(e), (f)44107
1403(g)44110
1403(h)44704
140444112
1405 (1st sentence)44104
1405 (2d sentence)44103
1405 (last sentence)46301
1406, 1406 note44108
1421(a), (b) (1st sentence related to standards, rules, and regulations)44701
1421(b) (1st sentence related to issuing certificates)44702
1421(b) (2d sentence)44702
1421(b) (last sentence), (c)44701
1421(d)44712
1421(e)44714
1421(f)44716
1421 notes44716, 44717, 44722
1422(a) (1st–10th words)44702
1422(a) (11th–last words), (b)(1), (2)(A), (B)44703
1422(b)(2)(C)44710
1422(c), (d)44703
1423(a)(1) (related to issuing certificates)44702
1423(a)(1) (related to regulations for appliances), (2)44704
1423(b) (related to issuing certificates)44702
1423(b) (related to basis for issuing, and contents of, certificates)44704
1423(c) (related to issuing certificates)44702
1423(c) (related to basis for issuing, and contents of, certificates)44704
1424(a) (related to issuing certificates)44702
1424(a) (related to standards)44701
1424(b)44705
142544713
1426 (1st sentence)44708
1426 (last sentence)44702
1427 (1st sentence)44707
1427 (last sentence), 142844702
1429(a) (1st–7th sentences)44709
1429(a) (8th–last sentences related to Administrator under subchapter VII)1153
1429(a) (8th–last sentences less Administrator under subchapter VII), (b)44709
1429(c)44710
143044711
1431(a)–(d)44715
1431(e)44709
1432(a) (related to issuing certificates)44702
1432(a) (related to standards)44701
1432(b), (c)44706
1432(d)44914
1433(a), (b)40103 note
1433(c)Rep.
1434(a)45102
1434(b)45103
1434(c)45105
1434(d)45104
1434(e)45106
1434(f)45101
1441(a)(1), (2)1132
1441(a)(3)1116
1441(a)(4)1131
1441(a)(5)1116
1441(b)1113
1441(c) (1st sentence)1132
1441(c) (2d, last sentences), (d)1134
1441(e)1154
1441(f)1131
1441(g), 14421132
14431112
1461(a)41307
1461(b)41509
146240105
146344720
1471(a)(1) (related to subchapter VII)1155
1471(a)(1) (less subchapter VII), (2) (related to subchapter III, V, VI, or XII, § 1501, 1514, or 1515(e)(2)(B), and Postal Service)46301
1471(a)(2) (related to 1471(c))46302
1471(a)(2) (related to 1471(d))46303
1471(a)(2) (related to subchapter VII)1155
1471(a)(3) (less (D)(v) (related to Administrator under subchapter VII))46301
1471(a)(3)(D)(v) (related to Administrator under subchapter VII)1153
1471(b)46304
1471(c)46302
1471(d)46303
1472(a)46316
1472(b)46306
1472(c)46308
1472(d)46309
1472(e)46310
1472(f)46311
1472(g)46313
1472(h)(1)40113
1472(h)(2)46312
1472(h)(3)40113
1472(i)46502
1472(j)46504
1472(k)46506
1472(l)46505
1472(m)46507
1472(n)(1)46502
1472(n)(2)46501
1472(n)(3)46502
1472(n)(4)46501
1472(o)T. 28 § 538
1472(p)1155
1472(q)46315
1472(r)46314
1473(a)Rep.
1473(b)(1)1155, 46305
1473(b)(2), (3)46304
1473(b)(4)1155, 46305
1473(c)46503
1474T. 19 § 1644a
1475Rep.
148146102
1482(a)–(c)46101
1482(d), (e)Rep.
1482(f)41507
1482(g)Rep.
1482(h)41508
1482(i)Rep.
1482(j)(1)–(7)41509
1482(j)(8)Rep.
1482(j)(9), (10)41509
1482(k)Rep.
1482a41505
1483(a)Rep.
1483(b)41502
1483(c)–(e)Rep.
148446104
1485(a)46105
1485(b), (c)46103
1485(d)–(f)46105
1486 (related to CAB)1153, 46110
1486 (related to Secretary)46110
1487(a) (related to CAB)1151, 46106
1487(a) (related to Attorney General)46107
1487(a) (related to party in interest)46108
1487(a) (related to Secretary)46106
1487(b) (related to CAB)1151, 46107
1487(b) (related to Secretary)46107
1488 (related to CAB)1151, 46107
1488 (related to Secretary)46107
14891152, 46109
149041710
150144718
1502(a)40105
1502(b)40101
1502(c), (d)40105
150340114
150440115
150540113
150640120
150744502
1508(a)40103
1508(b)41703
1509(a)40120
1509(b)–(e)T. 19 § 1644a
1509(f), 1509 note44109
151040120
151144902
1512, 1513(a), (b)40116
1513(c)Rep.
1513(d)40116
1513(e)40117
1513(f)40116
151440106
151544907
1515 note44910
1515a44908
151641704
1517, 151840118
151944721
1521, 152240103
152346307
153144301
1532(a)44302
1532(b), (c)44306
153344303
153444305
153544304
1536(a)–(d)44307
1536(e)Rep.
1536(f)44307
1537(a) (1st sentence)44308
1537(a) (last sentence words between 2d and 3d commas)44302
1537(a) (last sentence less words between 2d and 3d commas)44306
1537(b)–(d)44308
1537(e)Rep.
1537(f)44308
1538, 1539Rep.
154044309
154144302
154244310
1551(a)(1)(A)41102
1551(a)(1)(B)41102, 41110
1551(a)(1)(C)41109
1551(a)(1)(D)41312
1551(a)(1)(E) (related to 49:1371(n)(1))Rep.
1551(a)(1)(E) (related to 49:1371(n)(4))41104
1551(a)(1)(F), (G), (2), (3)Rep.
1551(a)(4)(A) (related to 49:1371(l))41903
1551(a)(4)(A) (related to 49:1371(m))41107
1551(a)(4)(A) (related to 49:1375(b))41902
1551(a)(4)(A) (related to 49:1375(c), (d))41903
1551(a)(4)(B) (related to 49:1373(a))41504
1551(a)(4)(B) (related to 49:1373(b))41510, 41511
1551(a)(4)(B) (related to 49:1373(c)(1), (2))41504
1551(a)(4)(B) (related to 49:1373(c)(3))41509
1551(a)(4)(B) (related to 49:1373(d))41506
1551(a)(4)(C) (related to 49:1374(a)(1))41702
1551(a)(4)(C) (related to 49:1374(a)(2))Rep.
1551(a)(4)(C) (related to 49:1374(b))41310
1551(a)(5)(A)–(C), (D) (related to 49:1482(d), (e), (g))Rep.
1551(a)(5)(D) (related to 49:1482(h))41508
1551(a)(5)(D) (related to 49:1482(i))Rep.
1551(a)(6) (related to 49:1382)41309
1551(a)(6) (related to 49:1384)41308
1551(a)(7)Rep.
1551(a)(8)41107, 41901–41903
1551(b)(1)(A)Rep.
1551(b)(1)(B)40105
1551(b)(1)(C) (related to 49:1378, 1379)Rep.
1551(b)(1)(C) (related to 49:1382(a), (b))41309
1551(b)(1)(C) (related to 49:1382(c))42111
1551(b)(1)(C) (related to 49:1384)41308
1551(b)(1)(D)41901; T. 39 § 5402
1551(b)(1)(E)10526, 10749, 40101–40103, 40105, 40106, 40109, 40113, 40114, 40118, 41102–41112, 41302–41307, 41312, 41502–41511, 41701, 41703, 41704, 41708–41713, 41901–41903, 41907, 41910, 44712, 46101–46107, 46109, 46110, 46301–46305, 46309, 46311, 46313, 46316, 47501; T. 18 § 6001; T. 39 § 5007
1551(b)(2)Rep.
1551(b)(3)41107, 41901–41903
1551(c)–(e)Rep.
1552(a)(1) (1st sentence)42102
1552(a)(1) (last sentence)42101
1552(a)(2)–(c)42102
1552(d)(1), (2) (1st–3d sentences)42103
1552(d)(2)(4th sentence)42102
1552(d)(2) (last sentence), (3)42103
1552(e)42102
1552(f)42104
1552(g)42105
1552(h)42101
1552(i)42101–42103
1552(j)42106
1553(a)(1)–(5)Rep.
1553(a)(6)T. 42 § 6362
1553(a)(7)T. 2 § 451
1553(a)(8)–(10), (b)Rep.
1553(c)41901
1554–1557Rep.
1601–1601b5301
1601c308(e)
1602(a)(1), (2)(A), (B)5309
1602(a)(2)(C)5323
1602(a)(3)–(5)5309
1602(a)(6)–(8)5328
1602(b), (c)5309
1602(d)–(g)5323
1602(h)5337
1602(i)–(l)5309
1602(m) (1st sentence)5338
1602(m) (2d–last sentences)5318
1602(n), 1602 note5309
1602–1Rep.
1602a5323
1603(a)5309
1603(b)(1)5335
1603(b)(2)Rep.
1603(c) (1st sentence)5312
1603(c) (last sentence)5338
1603(d)5309
1604, 1604aRep.
1604b5310
1605(a)5312
1605(b), (c)Rep.
1605(d)5312
1606(a)5324
1606(b)Rep.
1607(a) (1st sentence)5301
1607(a) (2d–last sentences), (b)–(g)5303
1607(h)5304
1607(i), (j)5305
1607(k)5334
1607(l)5305
1607(m)5306
1607(n)5303
1607(o)5306
1607(p)5303
1607(q)5323
1607a(a)–(d)5336
1607a(e)(1)5307, 5336
1607a(e)(2)–(k)(1)5307
1607a(k)(2)5336
1607a(k)(3), (l)Rep.
1607a(m)(1)5307
1607a(m)(2)–(o)5336
1607a(p)5307
1607a(q)5336
1607a(r)5307
1607a(s), (t)5336
1607a note5307
1607a–1Rep.
1607a–2(a), (b)5308
1607a–2(c)5338
1607b, 1607c(a)5312
1607c(b)(1)–(8)(B)(ii)5317
1607c(b)(8)(B)(iii)5338
1607c(b)(8)(B)(iv)–(10)(B)5317
1607c(b)(10)(C)5338
1607c(b)(10)(D)–(12)5317
1607c(b)(13)5338
1607c(b)(14), (15)5317
1607c(c)(1)–(5)5316
1607c(c)(6)5338
1607c(c)(7)5316
1608(a)5334
1608(b)5325
1608(c)5302
1608(d)5324
1608(e)5323
1608(f)10531
1608(g), (h)(1)5323
1608(h)(2)5302
1608(i)5334
1608(j)5323
1608(k)5334
1608(l)5326
1608(m)5323
1608 notes5302, 5318
1608 note (related to authority and functions reserved to Secretary of Housing and Urban Development)5334
16095333
1610(a) (1st sentence)5301
1610(a) (last sentence)–(c)5324
1611(a), (b)5335
1611(c)Rep.
1612(a)5301
1612(b) (1st sentence)5310
1612(b) (last sentence)5338
1612(c)5310
1612(d)5338
1612(e), (f)5310
1613Rep.
1614(a) (1st, 2d sentences)5311
1614(a) (last sentence)5338
1614(b)–(f)5311
1614(g) (related to 1612(b))5310
1614(g) (related to this section)–(i)5311
1615(a)[no (b)]5332
16165322
16175338
16185329
1618a5331
16195327
16205321
16215319
1622(a)5313
1622(b)(1)–(8) (related to this subsection)5314
1622(b)(8) (related to subsection (a)(1))5313
1622(c)5320
16235335
16245330
1625(a)–(c)5315
1625(d)5338
1631–1633Elim.
1634329
1635–1641Elim.
1642, 1643Rep.
1651(a), (b)(1)101
1651(b)(2)303
1652(a)–(d)102
1652(e) (related to FAA)106
1652(e)(1) (related to FHWA)104
1652(e)(1) (related to FRA)103
1652(e)(3) (related to USCG)108
1652(e)(3) (related to FHWA)104
1652(e)(3) (related to FRA)103
1652(e)(4) (related to FHWA)104
1652(e)(4) (related to FRA)103
1652(f)Rep.
1652a103
1652b44931
1652b note337
1653(a)301
1653(b)302
1653(c)351
1653(d)352
1653(e)307
1653(f)303
1653(g)304
1653(h)Rep.
1653(i)(1)5562
1653(i)(2)5563
1653(i)(3)5564
1653(i)(4)5562
1653(i)(5)5565
1653(i)(6)Rep.
1653(i)(7)5567
1653(i)(8)5566
1653(i)(9)5568
1653(i)(10)5561
1653(i)(11)5562
1653 note335
1653aRep.
1654(a)–(e)333
1654(a)22102
1654(b), (c)22101
1654(d)22106
1654(e)22105
1654(f)22103
1654(g)22104
1654(h)22108
1654(i)22106
1654(j)22105
1654(k)–(m)22107
1654(n)–(p)22101
1654(q)22108
1654a308(d)
1655(a)(1)(A)Rep.
1655(a)(1)(B), (C)(See § 2 of Pub. L. 97–449.)
1655(a)(1)(D)Rep.
1655(a)(1)(E)–(M)(See § 2 of Pub. L. 97–449.)
1655(a)(2)(A) (related to 49:1634)329
1655(a)(2), (3)Rep.
1655(a)(4)(See § 2 of Pub. L. 97–449.)
1655(a)(5)Rep.
1655(a)(6)(A)30102
1655(a)(6)(B)(See § 2 of Pub. L. 97–449.)
1655(b)(1), (2)108
1655(b)(3)Rep.
1655(c)(1) (1st sentence proviso, 2d, last sentences)106
1655(c)(1)1116, 1131, 1132, 1153, 40101–40109, 40113, 40114, 44103–44105, 44107, 44110, 44501, 44502, 44504, 44505, 44701–44705, 44707–44709, 44711, 44713, 44720, 44721, 45303, 46101–46107, 46110, 46301, 46304, 46308, 46311, 46313, 46316, 47151–47153, 47302–47306
1655(c)(2)Rep.
1655(d) (1st sentence)1112, 1113, 1116, 1131, 1132, 1134, 1151–1155
1655(d) (last sentence)1153
1655(e)(1)(A)20302, 21302
1655(e)(1)(B)20302
1655(e)(1)(C)20302, 21302
1655(e)(1)(D)Rep.
1655(e)(1)(E), (F)20701–20703, 21302
1655(e)(1)(G)20702, 20703, 21302
1655(e)(1)(H)Rep.
1655(e)(1)(I)20305, 20504
1655(e)(1)(J)20305
1655(e)(1)(K)20901, 20902, 21302
1655(e)(2)Rep.
1655(e)(3)80504
1655(e)(4)Rep.
1655(e)(5)(See § 2 of Pub. L. 97–449.)
1655(e)(6)(A)20502–20505, 21302
1655(e)(6)(B)3103
1655(e)(6)(C)3102, 3103
1655(e)(6)(D) (related to “Sec. 321(a), (c)”)503
1655(e)(6)(D) (related to “Sec. 324”)3104
1655(f)(1)Rep.
1655(f)(2)501, 502, 504–507, 521–526
1655(f)(3)(A), (C) (related to FRA)103
1655(f)(3)(B), (C) (related to FHWA)104
1655(g)(1)–(3), (4)(A), (B), (E), (5), (6)(See § 2 of Pub. L. 97–449.)
1655(h), (i)Rep.
1656(less (a) next-to-last par.)305
1656(a) (next-to-last par.)(See T. 42 § 1962a–2(a).)
1657(a), (b)323
1657(c), (d)324
1657(e)–(g)322
1657(h), (i)Rep.
1657(j)327
1657(k)102
1657(l)331
1657(m)326
1657(n)329
1657(o)325
1657(p)324
1657(q)(1)–(3)330
1657(q)(4)Rep.
1657(r)328
1657–1353
1657a332
1658308(a)
1659Rep.
1660335
1671(1)–(4) (1st–32d words)60101
1671(4) (33d–last words)60104
1671(5), (6)60101
1671(7)60115
1671(8)–(17)60101
1671 note60101
1672(a)(1) (1st–5th sentences)60102
1672(a)(1) (6th sentence)60104
1672(a)(1) (7th, 8th sentences)60102
1672(a)(1) (9th, last sentences)60104
1672(a)(2), (3), (b)60102
1672(c)60104
1672(d)60118
1672(e)–(g)60102
1672(h)60108
1672(i)60109
1672(j)60110
1672(k)60113
167360115
1674(a)60105
1674(b), (c) (related to agreement)60106
1674(c) (related to certification)60105
1674(d)60107
1674(e)60105
1674(f)60106
1674a60103
1674b(a)Rep.
1674b(b)(1)–(3)60111
1674b(b)(4)60119
1674b(c)60111
167560119
1676(a)60104
1676(b)60117
1677(a), (b)(1)60118
1677(b)(2), (c)60120
1678, 1679Rep.
1679a(a), (b)60122
1679a(c)60123
1679a(d)60122
1679b(a)60120
1679b(b)60112
168060108
1681(a)–(e)60117
1681(f)60120
168260117
1682 note60117
1682a60301
168360124
1684(a)60125
1684(b)Rep.
1684(c)–(e)60125
1684(f)Rep.
1685(a)60116
1685(b)60113
168660121
1687(a)–(e)60114
1687(f)60125
1687(g)60123
1687(h)60114
168860101
1701–1703Rep.
170444503
1711–1713Rep.
1713a47127
1714–1730Rep.
173147106
174180503
1742Rep.
174344502
1761, 1762Rep.
18015101
18025102
1803, 1804(a)(1)–(3)5103
1804(a)(4), (5)5125
1804(b)(1)–(3)5112
1804(b)(4)5125
1804(b)(5)–(9), (c)5112
1804(d)5120
1804(e), (f)5104
1804(g)5110
1805(a)5106
1805(b)5107
1805(c)5108
1805(d)5109
1805(e), (f)Rep.
1805 note5109
18065117
18075114
1808(a) (1st sentence, last sentence words before semicolon)5121
1808(a) (last sentence words after semicolon)5122
1808(b)–(e)5121
1809(a)5123
1809(b)5124
18105122
1811(a)–(e)5125
1811(f)5126
18125127
18135105
1813 note5105, 5118
18145113
1815(a)–(f)5116
1815(g)(1)–(6)5115
1815(g)(7)5116
1815(g)(8)5115
1815(g)(9)5116
1815(h)(1)–(5)5108
1815(h)(6)5116
1815(i)5127
1816(a)–(c)5107
1816(d)5127
18175111
18185126
1819(a)–(g)5119
1819(h)5127
1901Rep.
19021111
1903(a)(1)(A)1112, 1113, 1116, 1131, 1132, 1134, 1151, 1152, 1154, 1155
1903(a)(1)(B)–(2)1131
1903(a)(3)–(8)1116
1903(a)(9)1133
1903(b)(1)1113
1903(b)(2)1134
1903(b)(3), (4)1113
1903(b)(5)1134
1903(b)(6)–(9)1113
1903(b)(10)1115
1903(b)(11)1114
1903(b)(12)1113
1903(c)1154
1903(d)1153
19041117
1905(a)–(c)(2)1114
1905(c)(3)1114, 1154
1905(d)1154
19061135
19071118
2001(1)–(4) (1st–27th words)60101
2001(4) (28th–last words)60104
2001(5)–(9)60101
2001(10)60115
2001(11)60101
2001 note60101
2002(a)–(c) (4th sentence)60102
2002(c) (last sentence), (d)60104
2002(e), (f)60102
2002(g)60104
2002(h)60118
2002(i)–(k)60102
2002(l)60108
2002(m)60109
2002(n)60102
200360115
2004(a)60105
2004(b), (c) (related to agreement)60106
2004(c) (related to certification)60105
2004(d)60107
2004(e), (f)60105
2004(g)60106
200560119
2006(a), (b)(1)60118
2006(b)(2), (c)60120
2007(a), (b)60122
2007(c)60123
2007(d)60122
2008(a)60120
2008(b)60112
2009(a), (b)60108
2009(c)Rep.
2009(d)60108
2010(a)–(e)60117
2010(f)60120
201160117
201260124
2013(a)60125
2013(b)Rep.
201460121
2015, 2015 note60102
201660101
210147501
210247502
2103(a)47503
2103(b)47505
2104(a)–(d)47504
2104(e), 2105Rep.
210647507
210747506
2108Rep.
2121Rep.
2122(a)47508
2122(b)–2124Rep.
212547510
215147521
215247523
2153(a)–(g)47524
2153(h)47533
215447525
215547527
215647526
2157(a)–(c)47528
2157(d)47530
2157(e)47531
2157(f)47532
2157(g)47528
2157(h)47522
2157(i)47528
215847529
220147101
2202(a)(1)–(5)47102
2202(a)(6)47107
2202(a)(7)47102
2202(a)(8)47102, 47106
2202(a)(9), (10)47102
2202(a)(11)47117
2202(a)(12)–(19)47102
2202(a)(20)47101
2202(a)(21)–(23)47102
2202(a)(24)47104, 47107, 48101–48104, 48108
2202(a)(25)Rep.
2202(b)47102
2203(a)47103
2203(b)44501
2203(c), (d)(1)47103
2203(d)(2)Rep.
2204(a) (1st sentence)47104
2204(a) (2d sentence)48103
2204(a) (last sentence)Rep.
2204(b)(1)47104
2204(b)(2)47107
2204(c)Rep.
2204(d)47113
2204 note47104
2205(a)(1), (2)48101
2205(a)(3)44502
2205(b)(1)44509
2205(b)(2)–(5)48102
2205(c)48104
2205(d)48105
2205(e)(1)–(3)48108
2205(e)(4)47117
2205(e)(5)48108
2205(f)48109
2205 note44502
2206(a), (b)(1)–(5)(C)47114
2206(b)(5)(D)47117
2206(b)(5)(E), (F), (6), (7)47114
2206(c)47115
2206(d)47116
2206(e), (f)47114
2206 note47115
2207(a)–(e)(2)47117
2207(e)(3)Rep.
2207(f)47118
2208(a)(1)47105
2208(a)(2)Rep.
2208(a)(3)47105
2208(b)(1)(A)–(D)47106
2208(b)(1)(E)47107
2208(b)(2)–(4)47106
2208(b)(5) (1st sentence, last sentence words before 11th comma)47101
2208(b)(5) (last sentence words after 11th comma)–(8)47106
2208(b)(9)47120
2208(c)–(e)47105
220947109
2210(a), (b)47107
2210(c)47105
2210(d)–(h)47107
2210 note47107
221147108
2212(a), (b)(1)47110
2212(b)(2)–(4)47119
2212(b)(5)47109
2212(b)(6), (c), (d)47110
221347111
221447112
221547125
221647126
221747121
2218(a)47122
2218(b) (related to application)47106
2218(b) (related to payment)47111
221947123
222047129
2221Rep.
2222, 2222 note47124
2223Rep.
222444514
222544913
222649104
2226a49101
2226b49105
2226c49102
2226d49103
222747128
230131101
230231102
2302 notes31104, 31307
230331103
2304, 2304 note31104
230531105
230631106
230731107
2311(a)–(i)31111
2311(j)31112
231231114
231331115
2314, 2315Rep.
231631113
2401–2407Elim.
2421–2433Elim.
2451–246149101–49109
250131131
2501 notes5113, 31161
250231131
250331132
250431135
250531136
2505 note31137
250631140
250731141
250831134
250931142
251031133
251131143
2511a31162
251231144
2513–2517(a)Rep.
2517(b)31145
251831146
251931147
2520Rep.
252131137
2601, 260270101
260370102
2604(a)(1)70103
2604(a)(2)70116
2604(b)70103
2605(a), (b)70104
2605(c)70117
2606 (1st sentence)70105
2606 (last sentence)70107
2607, 2608(a), (b)70105
2608(c)70114
260970107
261070108
261170110
2612Rep.
261370106
2614(a), (b)(1)–(3)70111
2614(b)(4)70109
2614(c)70112
2614(d)70111
2615(a)70112
2615(b)70113
2615(c)70112
2616–261870115
261970116
262070117
2621, 2622Rep.
2623 (last sentence)70118
2623 (less last sentence)70119
270131302
270231303
270331304
2704(a), (b)31305
2704(c)–(e)31312
270531308
2706, 2706 note31309
270731310
270831311
270931313
271031314
271131315
2712, 2713Rep.
271431316
271531317
271631301
271731306
271831310
28015701
2801 note5713
28025702
28035703
28045704
28055705
28065706
28075707
28085708
28095710
28105711
28115712
28125714

Enacting ClausesPub. L. 103–272, § 1(a), July 5, 1994, 108 Stat. 745, provided that: “Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) 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. ————’.”

Pub. L. 97–449, § 1(a), Jan. 12, 1983, 96 Stat. 2413, provided that: “Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, ‘Transportation’. Those laws may be cited as ‘49 U.S.C. § ————’.”

Pub. L. 95–473, § 1, Oct. 17, 1978, 92 Stat. 1337, provided in part: “That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as [subtitle IV of] title 49, United States Code, ‘Transportation’.”

Clarification of Congressional IntentPub. L. 100–561, title III, § 308, Oct. 31, 1988, 102 Stat. 2817, which provided that Pub. L. 95–473 did not repeal and had no substantive effect on any rights, obligations, liabilities, or remedies of oil pipelines, including those arising under any provisions of the Interstate Commerce Act or the Pomerene Bills of Lading Act, before any Federal department or agency or official thereof or a court of competent jurisdiction, was repealed and reenacted as section 60503 of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.

Legislative Purpose and ConstructionPub. L. 105–102, § 4, Nov. 20, 1997, 111 Stat. 2216, provided that:
“(a) No Substantive Change.—This Act restates, without substantive change, laws enacted before May 1, 1997, that were replaced by this Act. This Act may not be construed as making a substantive change in the laws replaced. Laws enacted after April 30, 1997, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

“(b) References.—A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.

“(c) Continuing Effect.—An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) Actions and Offenses Under Prior Law.—An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) Inferences.—An inference of a 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) Severability.—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.”

Pub. L. 104–287, § 9, Oct. 11, 1996, 110 Stat. 3400, provided that:
“(a) No Substantive Change.—This Act restates, without substantive change, laws enacted before March 1, 1996, that were replaced by this Act. This Act may not be construed as making a substantive change in the laws replaced. Laws enacted after February 29, 1996, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

“(b) References.—A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.

“(c) Continuing Effect.—An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) Actions and Offenses Under Prior Law.—An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) Inferences.—An inference of a 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 catchline of the provision.

“(f) Severability.—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.”

Pub. L. 103–429, § 10, Oct. 31, 1994, 108 Stat. 4391, provided that:
“(a) No Substantive Change.—This Act restates, without substantive change, laws enacted before September 26, 1994, that were replaced by this Act. This Act may not be construed as making a substantive change in the laws replaced. Laws enacted after September 25, 1994, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

“(b) References.—A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.

“(c) Continuing Effect.—An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) Actions and Offenses Under Prior Law.—An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) Inferences.—An inference of a 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 catchline of the provision.

“(f) Severability.—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.”

Pub. L. 103–272, § 6, July 5, 1994, 108 Stat. 1378, provided that:
“(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.

“(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(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.”

Pub. L. 98–216, § 5, Feb. 14, 1984, 98 Stat. 7, provided that:
“(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1–4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, 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.

“(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(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 a 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 the caption or catchline 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 of 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.”

Pub. L. 97–449, § 6, Jan. 12, 1983, 96 Stat. 2443, provided that:
“(a) Sections 1–5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

“(b) A reference to a law replaced by sections 1–5 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.

“(c) An order, rule, or regulation in effect under a law replaced by sections 1–5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) An action taken or an offense committed under a law replaced by sections 1–5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) An inference of a 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 the caption or catchline thereof.

“(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 of 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.”

Pub. L. 96–258, § 2, June 3, 1980, 94 Stat. 427, provided that:
“(a) Section 1 of this Act [enacting section 11351 of this title and amending sections 10324, 10327, 10382, 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11121, 11304, 11707, 11909, 11912, and 11914 of this title] restates, without substantive change, laws enacted before April 24, 1979, that were replaced by that section. That section may not be construed as making a substantive change in the laws replaced. Laws enacted after April 23, 1979, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.

“(b) A reference to a law replaced by section 1 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.

“(c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) An inference of a 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 the caption or catchline thereof.

“(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 of 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.”

Pub. L. 95–473, § 3, Oct. 17, 1978, 92 Stat. 1466, provided that:
“(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before May 16, 1978, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after May 15, 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.

“(b) A reference to a law replaced by sections 1 and 2 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.

“(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

“(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

“(e) An inference of a 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 the caption or catchline thereof.

“(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 of 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 and Savings ProvisionsPub. L. 105–102, § 5(a), Nov. 20, 1997, 111 Stat. 2216, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 105–102, § 5(b), Nov. 20, 1997, 111 Stat. 2217, as amended by Pub. L. 105–225, § 7(c)(2), Aug. 12, 1998, 112 Stat. 1511, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Nov. 20, 1997.
Pub. L. 104–287, § 10(a), Oct. 11, 1996, 110 Stat. 3401, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 104–287, § 10(b), Oct. 11, 1996, 110 Stat. 3401, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 11, 1996.
Pub. L. 103–429, § 11(a), Oct. 31, 1994, 108 Stat. 4391, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 103–429, § 11(b), Oct. 31, 1994, 108 Stat. 4391, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 31, 1994.
Pub. L. 103–272, § 7(a), July 5, 1994, 108 Stat. 1379, provided that: “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.”

Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, as amended by Pub. L. 103–429, § 7(a)(5), Oct. 31, 1994, 108 Stat. 4389, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 5, 1994.
Pub. L. 98–216, § 6(a), Feb. 14, 1984, 98 Stat. 7, provided that: “The repeal of a law enacted [the word “enacted” probably should not appear] by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 98–216, § 6(b), Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984.
Pub. L. 97–449, § 7(a), Jan. 12, 1983, 96 Stat. 2443, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 97–449, § 7(b), Jan. 12, 1983, 96 Stat. 2443, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983.
Pub. L. 96–258, § 3(a), June 3, 1980, 94 Stat. 427, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 96–258, § 3(b), June 3, 1980, 94 Stat. 427, repealed certain sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to applicability of such Act, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before June 3, 1980.
Pub. L. 95–473, § 4(a), Oct. 17, 1978, 92 Stat. 1466, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 95–473, § 4(b), Oct. 17, 1978, 92 Stat. 1466, repealed the sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to the applicability of such Act, except as provided in section 4(c) of Pub. L. 95–473 and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 17, 1978.
Pub. L. 95–473, § 4(c), Oct. 17, 1978, 92 Stat. 1470, which provided that the laws specified in the schedule in section 4(b) of Pub. L. 95–473, as they existed on Oct. 1, 1977, were not repealed to the extent those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for transportation of oil by pipeline or valuation of any such pipeline, and those functions and authority were transferred by sections 7155 and 7172(b) of Title 42, The Public Health and Welfare, was repealed and reenacted in sections 60501 and 60502 of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.

Effective Date of Certain RepealsPub. L. 95–473, § 4(d), Oct. 17, 1978, 92 Stat. 1470, as amended by Pub. L. 97–449, § 4(b)(3), Jan. 12, 1983, 96 Stat. 2441, provided that: “The repeals, by subsection (b) of this section, of section 1(a)(25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 292, are effective on September 14, 1978.”

SUBTITLE I—DEPARTMENT OF TRANSPORTATION

Chapter

Sec.

1.Organization101

3.General Duties and Powers301

5.Special Authority501

7.Surface Transportation Board701 11 So in original. Chapter 7 renumbered chapter 13 and transferred to subtitle II of this title (49 U.S.C. 1301 et seq.) without corresponding amendment of subtitle analysis.

Amendments

1995—Pub. L. 104–88, title II, § 201(b), Dec. 29, 1995, 109 Stat. 940, added item for chapter 7.

CHAPTER 1—ORGANIZATION

Sec.

101.Purpose.

102.Department of Transportation.

103.Federal Railroad Administration.

104.Federal Highway Administration.

105.National Highway Traffic Safety Administration.

106.Federal Aviation Administration.

107.Federal Transit Administration.

108.Pipeline and Hazardous Materials Safety Administration.

109.Maritime Administration.

110.Great Lakes St. Lawrence Seaway Development Corporation.

[111, 112.Repealed.]

113.Federal Motor Carrier Safety Administration.

114.Transportation Security Administration.

115.Transportation Security Oversight Board.

116.National Surface Transportation and Innovative Finance Bureau.

117.Council on Credit and Finance.

Amendments2020—Pub. L. 116–260, div. AA, title V, § 512(c)(7)(B), Dec. 27, 2020, 134 Stat. 2757, substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in item 110.
2015—Pub. L. 114–94, div. A, title VI, § 6012(b), title IX, §§ 9001(b), 9002(b), Dec. 4, 2015, 129 Stat. 1570, 1618, 1619, added items 116 and 117 and struck out item 112 which had read “Research and Innovative Technology Administration” and was subsequently changed to “Office of the Assistant Secretary for Research and Technology of the Department of Transportation” on authority of title I of div. L of Pub. L. 113–76, set out in part as a note under former section 112 of this title.
2012—Pub. L. 112–141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895, struck out item 111 “Bureau of Transportation Statistics”.
2004—Pub. L. 108–426, §§ 2(c)(1), 4(e), Nov. 30, 2004, 118 Stat. 2424, 2426, substituted “Pipeline and Hazardous Materials Safety Administration” for “Coast Guard” in item 108 and “Research and Innovative Technology Administration” for “Research and Special Programs Administration” in item 112.
2001—Pub. L. 107–71, title I, §§ 101(b), 102(d), Nov. 19, 2001, 115 Stat. 602, 605, added items 114 and 115.
1999—Pub. L. 106–159, title I, § 101(c)(1), Dec. 9, 1999, 113 Stat. 1751, added item 113.
1994—Pub. L. 103–272, § 4(j)(5)(B), July 5, 1994, 108 Stat. 1366, as amended by Pub. L. 103–429, § 7(a)(3)(C), Oct. 31, 1994, 108 Stat. 4388, struck out first item 110 “St. Lawrence Seaway Development Corporation”.
1992—Pub. L. 102–508, title IV, § 401(b), Oct. 24, 1992, 106 Stat. 3310, added item 112.
1991—Pub. L. 102–240, title III, § 3004(c)(3), title VI, § 6006(c), Dec. 18, 1991, 105 Stat. 2088, 2174, substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in item 107 and added second item 110 and item 111.

§ 101. Purpose(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.

(b) A Department of Transportation is necessary in the public interest and to—(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;

(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;

(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;

(4) stimulate technological advances in transportation, through research and development or otherwise;

(5) provide general leadership in identifying and solving transportation problems; and

(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102–240, title VI, § 6018, Dec. 18, 1991, 105 Stat. 2183.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

101(a)49:1651(a).Oct. 15, 1966, Pub. L. 89–670, § 2(a), (b)(1), 80 Stat. 931.
101(b)49:1651(b)(1).

In subsections (a) and (b), the introductory declaratory words are omitted as surplus.
In subsection (a), the words “national objectives of” are inserted for clarity. The words “United States” are substituted for “Nation” and “Nation’s”, respectively, for consistency. The word “contribute” is substituted for “conducive” because the substituted word is more commonly used. The word “those” is substituted for “utilization”.
In subsection (b)(2), the word “greatest” is substituted for “maximum” for consistency.
In subsection (b)(3) and (6), the word “national” is omitted before “transportation” as unnecessary and for consistency.
In subsection (b)(3), the word “persons” is substituted for “parties” as being more precise.
In subsection (b)(6), the words “transportation objectives” are substituted for “these objectives” for clarity and consistency. The words “full and appropriate” and “for approval” are omitted as surplus.

Amendments1991—Subsec. (b)(4). Pub. L. 102–240 inserted “, through research and development or otherwise” after “advances in transportation”.

Short Title of 2018 AmendmentPub. L. 115–420, § 1, Jan. 3, 2019, 132 Stat. 5444, provided that: “This Act [amending sections 310, 22901, 22902, 22904, 22905, 22907, 22908, 24102, 24103, 24319, 24711, 24905, 24910, 24911, and 26106 of this title, section 402 of Title 23, Highways, and section 51314 of Title 46, Shipping, renumbering sections 24401 to 24408 of this title as sections 22901 to 22908 of this title, enacting provisions set out as a note under section 24319 of this title, and amending provisions set out as notes under sections 22905, 22907, and 26106 of this title] may be cited as the ‘Department of Transportation Reports Harmonization Act’.”

Pub. L. 115–282, title V, § 514(a), Dec. 4, 2018, 132 Stat. 4276, provided that: “This section [enacting section 312 of this title] may be cited as the ‘National Timing Resilience and Security Act of 2018’.”

Pub. L. 115–271, title VIII, § 8101, Oct. 24, 2018, 132 Stat. 4103, provided that: “This subtitle [subtitle I (§§ 8101–8109) of title VIII of Pub. L. 115–271, enacting provisions set out as notes under sections 322, 329, 20140, and 31306 of this title and section 7301 of Title 5, Government Organization and Employees] may be cited as the ‘Fighting Opioid Abuse in Transportation Act’.”

Pub. L. 115–254, div. K, title I, § 1901(a), Oct. 5, 2018, 132 Stat. 3542, provided that: “This title [see Tables for classification] may be cited as the ‘TSA Modernization Act’.”

Short Title of 2004 AmendmentPub. L. 108–426, § 1, Nov. 30, 2004, 118 Stat. 2423, provided that: “This Act [enacting section 108 of this title, amending sections 111, 112, 5118, and 5503 of this title, sections 5314 and 5316 of Title 5, Government Organization and Employees, section 844 of Title 18, Crimes and Criminal Procedure, section 2761 of Title 33, Navigation and Navigable Waters, and section 1121–2 of Title 46, Appendix, Shipping, enacting provisions set out as notes under sections 108 and 112 of this title, and amending provisions set out as a note under section 1135 of this title] may be cited as the ‘Norman Y. Mineta Research and Special Programs Improvement Act’.”

Short Title of 1999 AmendmentPub. L. 106–159, § 1(a), Dec. 9, 1999, 113 Stat. 1748, provided that: “This Act [see Tables for classification] may be cited as the ‘Motor Carrier Safety Improvement Act of 1999’.”

Short Title of 1995 AmendmentPub. L. 104–88, § 1(a), Dec. 29, 1995, 109 Stat. 803, provided that: “This Act [see Tables for classification] may be cited as the ‘ICC Termination Act of 1995’.”

Short Title of 1994 AmendmentPub. L. 103–411, § 1, Oct. 25, 1994, 108 Stat. 4236, provided that: “This Act [amending sections 1118, 1131, and 40102 of this title and enacting provisions set out as notes under sections 1131 and 40109 of this title] may be cited as the ‘Independent Safety Board Act Amendments of 1994’.”

Short Title of 1991 AmendmentPub. L. 102–240, § 1, Dec. 18, 1991, 105 Stat. 1914, provided that: “This Act [see Tables for classification] may be cited as the ‘Intermodal Surface Transportation Efficiency Act of 1991’.”

Deemed References to Chapters 509 and 511 of Title 51Pub. L. 111–314, § 4(d)(8), Dec. 18, 2010, 124 Stat. 3443, provided that: “In title 49, United States Code, references to ‘this title’ are deemed to refer also to chapters 509 and 511 of title 51, United States Code.”

Congressional Declaration of Policy Regarding National Intermodal Transportation SystemPub. L. 102–240, § 2, Dec. 18, 1991, 105 Stat. 1914, which provided that it was the policy of the United States to develop a National Intermodal Transportation System consisting of all forms of transportation in a unified, interconnected manner, a National Highway System, improvements in public transportation achieving goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged persons, was repealed and reenacted as section 5501 of this title by Pub. L. 103–272, §§ 1(d), 7(b), July 5, 1994, 108 Stat. 848, 1379.

Definitions of Terms in Title I of Div. K of Pub. L. 115–254
Pub. L. 115–254, div. K, title I, § 1902, Oct. 5, 2018, 132 Stat. 3542, provided that:
“In this title [see Short Title of 2018 Amendment note set out above]:
“(1) Administrator.—The term ‘Administrator’ means the Administrator of the TSA.

“(2) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—“(A) the Committee on Commerce, Science, and Transportation of the Senate;

“(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(C) the Committee on Homeland Security of the House of Representatives.

“(3) ASAC.—The term ‘ASAC’ means the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code.

“(4) Department.—The term ‘Department’ means the Department of Homeland Security.

“(5) Explosive[s] detection canine team.—The term ‘explosives detection canine team’ means a canine and a canine handler that are trained to detect explosives and other threats as defined by the Secretary.

“(6) Secretary.—The term ‘Secretary’ means the Secretary of Homeland Security.

“(7) TSA.—The term ‘TSA’ means the Transportation Security Administration.”

“Secretary” Defined
Pub. L. 106–159, § 2, Dec. 9, 1999, 113 Stat. 1749, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of Transportation.”

Pub. L. 102–240, § 3, Dec. 18, 1991, 105 Stat. 1915, provided that: “As used in this Act [see Short Title of 1991 Amendment note set out above], the term ‘Secretary’ means the Secretary of Transportation.”

Ex. Ord. No. 13330. Human Service Transportation Coordination
Ex. Ord. No. 13330, Feb. 24, 2004, 69 F.R. 9185, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance access to transportation to improve mobility, employment opportunities, and access to community services for persons who are transportation-disadvantaged, it is hereby ordered as follows:
Section 1. This order is issued consistent with the following findings and principles:
(a) A strong America depends on citizens who are productive and who actively participate in the life of their communities.
(b) Transportation plays a critical role in providing access to employment, medical and health care, education, and other community services and amenities. The importance of this role is underscored by the variety of transportation programs that have been created in conjunction with health and human service programs, and by the significant Federal investment in accessible public transportation systems throughout the Nation.
(c) These transportation resources, however, are often difficult for citizens to understand and access, and are more costly than necessary due to inconsistent and unnecessary Federal and State program rules and restrictions.
(d) A broad range of Federal program funding allows for the purchase or provision of transportation services and resources for persons who are transportation-disadvantaged. Yet, in too many communities, these services and resources are fragmented, unused, or altogether unavailable.
(e) Federally assisted community transportation services should be seamless, comprehensive, and accessible to those who rely on them for their lives and livelihoods. For persons with mobility limitations related to advanced age, persons with disabilities, and persons struggling for self-sufficiency, transportation within and between our communities should be as available and affordable as possible.
(f) The development, implementation, and maintenance of responsive, comprehensive, coordinated community transportation systems is essential for persons with disabilities, persons with low incomes, and older adults who rely on such transportation to fully participate in their communities.
Sec. 2. Definitions. (a) As used in this order, the term “agency” means an executive department or agency of the Federal Government.
(b) For the purposes of this order, persons who are transportation-disadvantaged are persons who qualify for Federally conducted or Federally assisted transportation-related programs or services due to disability, income, or advanced age.
Sec. 3. Establishment of the Interagency Transportation Coordinating Council on Access and Mobility. (a) There is hereby established, within the Department of Transportation for administrative purposes, the “Interagency Transportation Coordinating Council on Access and Mobility” (“Interagency Transportation Coordinating Council” or “Council”). The membership of the Interagency Transportation Coordinating Council shall consist of:
(i) the Secretaries of Transportation, Health and Human Services, Education, Labor, Veterans Affairs, Agriculture, Housing and Urban Development, and the Interior, the Attorney General, and the Commissioner of Social Security; and
(ii) such other Federal officials as the Chairperson of the Council may designate.
(b) The Secretary of Transportation, or the Secretary’s designee, shall serve as the Chairperson of the Council. The Chairperson shall convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively of the Council’s members.
(c) A member of the Council may designate any person who is part of the member’s agency and who is an officer appointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule to perform functions of the Council or its subgroups on the member’s behalf.
Sec. 4. Functions of the Interagency Transportation Coordinating Council. The Interagency Transportation Coordinating Council shall:
(a) promote interagency cooperation and the establishment of appropriate mechanisms to minimize duplication and overlap of Federal programs and services so that transportation-disadvantaged persons have access to more transportation services;
(b) facilitate access to the most appropriate, cost-effective transportation services within existing resources;
(c) encourage enhanced customer access to the variety of transportation and resources available;
(d) formulate and implement administrative, policy, and procedural mechanisms that enhance transportation services at all levels; and
(e) develop and implement a method for monitoring progress on achieving the goals of this order.
Sec. 5. Report. In performing its functions, the Interagency Transportation Coordinating Council shall present to me a report not later than 1 calendar year from the date of this order. The report shall:
(a) Identify those Federal, State, Tribal and local laws, regulations, procedures, and actions that have proven to be most useful and appropriate in coordinating transportation services for the targeted populations;
(b) Identify substantive and procedural requirements of transportation-related Federal laws and regulations that are duplicative or restrict the laws’ and regulations’ most efficient operation;
(c) Describe the results achieved, on an agency and program basis, in: (i) simplifying access to transportation services for persons with disabilities, persons with low income, and older adults; (ii) providing the most appropriate, cost-effective transportation services within existing resources; and (iii) reducing duplication to make funds available for more services to more such persons;
(d) Provide recommendations to simplify and coordinate applicable substantive, procedural, and administrative requirements; and
(e) Provide any other recommendations that would, in the judgment of the Council, advance the principles set forth in section 1 of this order.
Sec. 6. General. (a) Agencies shall assist the Interagency Transportation Coordinating Council and provide information to the Council consistent with applicable law as may be necessary to carry out its functions. To the extent permitted by law, and as permitted by available agency resources, the Department of Transportation shall provide funding and administrative support for the Council.
(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

George W. Bush.

§ 102. Department of Transportation(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.

(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.

(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary—(1) shall carry out duties and powers prescribed by the Secretary; and

(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.

(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.

(e) Assistant Secretaries; General Counsel.—(1) Appointment.—The Department has 6 Assistant Secretaries and a General Counsel, including—(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, an Assistant Secretary for Research and Technology, and an Assistant Secretary for Transportation Policy, who shall each be appointed by the President, with the advice and consent of the Senate;

(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President;

(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President; and

(D) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.

(2) Duties and powers.—The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant.

(f) Deputy Assistant Secretary for Tribal Government Affairs.—(1) Establishment.—In accordance with Federal policies promoting Indian self determination, the Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program.

(2) Reservation of trust obligations.—(A) Responsibility of secretary.—In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected.

(B) Preservation of united states responsibility.—Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe.

(g) Office of Climate Change and Environment.—(1) Establishment.—There is established in the Department an Office of Climate Change and Environment to plan, coordinate, and implement—(A) department-wide research, strategies, and actions under the Department’s statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and

(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.

(2) Clearinghouse.—The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction approaches, to reduce air pollution and transportation-related energy use and mitigate the effects of climate change.

(h) The Department shall have a seal that shall be judicially recognized.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–557, § 26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103–272, § 4(j)(1), July 5, 1994, 108 Stat. 1365; Pub. L. 107–295, title II, § 215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102; Pub. L. 109–59, title I, § 1119(l), Aug. 10, 2005, 119 Stat. 1189; Pub. L. 110–140, title XI, § 1101(a), Dec. 19, 2007, 121 Stat. 1756; Pub. L. 112–166, § 2(k)(1), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 114–94, div. A, title VI, § 6011(a), Dec. 4, 2015, 129 Stat. 1568.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

102(a)49:1652(a) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 3(a), (c), (d), 80 Stat. 931.
102(b)49:1652(a) (less 1st sentence).
102(c)49:1652(b) (less words between parentheses).Oct 15, 1966, Pub. L. 89–670, § 3(b), 80 Stat. 931; Oct. 28, 1974, Pub. L. 93–496, § 16(a), 88 Stat. 1533.
102(d)49:1652(b) (words between parentheses), (c), (d).
102(e)49:1657(k).Oct. 15, 1966, Pub. L. 89–670, § 9(k), 80 Stat. 946.

In subsection (a), the words “There is hereby established” and “to be known as” are omitted as executed. The words “(hereafter referred to in this chapter as the ‘Department’)” are omitted as unnecessary because of the style used in codifying the revised title. The words “of the United States Government” are added for clarity.
In subsection (b), the words “(hereafter referred to in this chapter as the ‘Secretary’)” are omitted as unnecessary because of the style used in codifying the revised title.
In subsection (c), the words “carry out duties and powers” and “acts for” are substituted for “act for and exercise the powers of” and “perform such functions, powers, and duties”, respectively, for consistency and to eliminate surplus words. The words “unable to serve” are substituted for “disability” for consistency and clarity.
In subsection (d), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The words “from time to time” are omitted as surplus. The words “acts for” are substituted for “act for, and exercise the powers of” for consistency and to eliminate surplus words. The words “when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant” are substituted for “during the absence or disability of the Deputy Secretary, or in the event of a vacancy in the office of a Deputy Secretary” as being more precise and for consistency.
In subsection (e), the words “The Secretary shall cause a . . . of office” and “of such device” are omitted as unnecessary because of the restatement. The words “as he shall approve” are omitted as unnecessary because subsection (b) of the section establishes the Secretary of Transportation as the head of the Department of Transportation.

Amendments2015—Subsec. (e)(1). Pub. L. 114–94, § 6011(a)(1), substituted “6” for “5” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 114–94, § 6011(a)(2), inserted “an Assistant Secretary for Research and Technology,” after “Governmental Affairs,”.
2012—Subsec. (e). Pub. L. 112–166 inserted subsec. (e) heading, struck out “The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary” before “or the General Counsel,”, added par. (1), inserted par. (2) designation and heading, and, in par. (2), inserted “The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary”.
2007—Subsecs. (g), (h). Pub. L. 110–140 added subsec. (g) and redesignated former subsec. (g) as (h).
2005—Subsecs. (f), (g). Pub. L. 109–59, which directed amendment of this section by adding subsec. (f) and redesignating former subsecs. (f) and (g) as (g) and (h), respectively, was executed by adding subsec. (f) and redesignating former subsec. (f) as (g), to reflect the probable intent of Congress. See 2002 Amendment note below.
2002—Subsec. (d). Pub. L. 107–295, § 215(a)(2), added subsec. (d). Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 107–295, § 215(a)(3), which directed the substitution of “Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy” for “Secretary and the Deputy Secretary” each place it appears in last sentence, was executed by making substitution for “Secretary and the Deputy Secretary” before “are absent” and for “Secretary and Deputy Secretary” before “are vacant”, to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 107–295, § 215(c), struck out subsec. (g) which read as follows: “The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary.”
Pub. L. 107–295, § 215(a)(1), redesignated subsec. (d) as (g).
1994—Subsecs. (e), (f). Pub. L. 103–272 redesignated subsec. (e), relating to judicial recognition of Department seal, as (f).
1984—Subsecs. (d), (e). Pub. L. 98–557 added subsec. (d) and redesignated former subsec. (d), relating to Assistant Secretaries and General Counsel, as (e).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Effective Date of 2002 AmendmentPub. L. 107–295, title II, § 215(c), Nov. 25, 2002, 116 Stat. 2102, provided that the amendment to this section made by section 215(c) is effective on the date that an individual is appointed to the position of Under Secretary of Transportation for Policy under subsection (d) of this section. On Mar. 19, 2003, the United States Senate confirmed the appointment of the first Under Secretary of Transportation for Policy.

Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Highly Automated Systems Safety Center of ExcellencePub. L. 116–94, div. H, title I, § 105, Dec. 20, 2019, 133 Stat. 2938, provided that:
“(a) The Secretary shall establish a Highly Automated Systems Safety Center of Excellence within the Department of Transportation, in order to have a Department of Transportation workforce capable of reviewing, assessing, and validating the safety of automated technologies.

“(b) The Highly Automated Systems Safety Center of Excellence shall—“(1) serve as a central location within the Department of Transportation for expertise in automation and human factors, computer science, data analytics, machine learning, sensors, and other technologies involving automated systems;

“(2) collaborate with and provide support on highly automated systems to all Operating Administrations of the Department of Transportation; and

“(3) have a workforce composed of Department of Transportation employees, including direct hires or detailees from Operating Administrations of the Department of Transportation and other Federal agencies.

“(c) Employees of the Highly Automated Systems Safety Center of Excellence, in conjunction with the relevant Operating Administrations of the Department of Transportation, shall review, assess, and validate highly automated systems to ensure their safety.

“(d) The Highly Automated Systems Safety Center of Excellence shall not supersede laws or regulations granting certification authorities to Operating Administrations of the Department of Transportation.

“(e) No later than 90 days after the date of enactment of this Act [Dec. 20, 2019], the Secretary shall report to the Committees on Appropriations of the House of Representatives and the Senate on staffing needs and the staffing plan for the Highly Automated Systems Safety Center of Excellence.”

Human Trafficking Prevention CoordinatorPub. L. 115–99, § 2, Jan. 3, 2018, 131 Stat. 2242, provided that:
“The Secretary of Transportation shall designate an official within the Department of Transportation who shall—
“(1) coordinate human trafficking prevention efforts across modal administrations in the Department of Transportation and with other departments and agencies of the Federal Government; and

“(2) in coordinating such efforts, take into account the unique challenges of combating human trafficking within different transportation modes.”

CoordinationPub. L. 110–140, title XI, § 1101(b), Dec. 19, 2007, 121 Stat. 1756, provided that: “The Office of Climate Change and Environment of the Department of Transportation shall coordinate its activities with the United States Global Change Research Program.”

NoticePub. L. 109–59, title V, § 5510, Aug. 10, 2005, 119 Stat. 1828, provided that:
“(a) Notice of Reprogramming.—If any funds authorized for carrying out this title [see Tables for classification] or the amendments made by this title are subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations, Transportation and Infrastructure, and Science [now Science, Space, and Technology] of the House of Representatives and the Committees on Appropriations and Environment and Public Works of the Senate, notice of that action shall be concurrently provided to the Committee of Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(b) Notice of Reorganization.—On or before the 15th day preceding the date of any major reorganization of a program, project, or activity of the Department [of Transportation] for which funds are authorized by this title or the amendments made by this title, the Secretary [of Transportation] shall provide notice of the reorganization to the Committees on Transportation and Infrastructure and Science [now Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.”

Pub. L. 105–178, title V, § 5003, June 9, 1998, 112 Stat. 422, provided that:
“(a) Notice of Reprogramming.—If any funds authorized for carrying out this title [see Tables for classification] or the amendments made by this title are subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(b) Notice of Reorganization.—On or before the 15th day preceding the date of any major reorganization of a program, project, or activity of the Department of Transportation for which funds are authorized by this title or the amendments made by this title, the Secretary shall provide notice of such reorganization to the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.”

Surface Transportation AdministrationPub. L. 102–240, title V, § 5004, Dec. 18, 1991, 105 Stat. 2160, provided that:
“(a) Study.—Not later than 60 days after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall enter into an agreement with the National Academy of Public Administration to continue a study of options for organizing the Department of Transportation to increase the effectiveness of program delivery, reduce costs, and improve intermodal coordination among surface transportation-related agencies.

“(b) Report.—The Secretary shall report to Congress on the findings of the study continued under subsection (a) and recommend appropriate organizational changes no later than January 1, 1993. No organizational changes shall be implemented until such changes are approved by law.”

Person Holding Position of Associate Deputy Secretary Until April 15, 1985Pub. L. 98–557, § 26(c), Oct. 30, 1984, 98 Stat. 2873, provided that: “Notwithstanding any other provision of law, until April 15, 1985, the position created by subsection (a) of this section [adding subsec. (d) of this section] may be held by a person named by the President alone from among qualified individuals.”

Ex. Ord. No. 11340. Effective Date
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:
By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (Public Law 89–670, approved October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed as the date on which the Department of Transportation Act shall take effect.

Lyndon B. Johnson.

§ 103. Federal Railroad Administration(a) In General.—The Federal Railroad Administration is an administration in the Department of Transportation.

(b) Safety.—To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.

(c) Safety as Highest Priority.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation.

(d) Administrator.—The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.

(e) Deputy Administrator.—The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(f) Chief Safety Officer.—The Administration shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator.

(g) Duties and Powers of the Administrator.—The Administrator shall carry out—(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters 203 through 211;

(2) the duties and powers related to railroad policy and development under subsection (j); and

(3) other duties and powers prescribed by the Secretary.

(h) Limitation.—A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically provided by law. A decision of the Administrator in carrying out the duties or powers of the Administration and involving notice and hearing required by law is administratively final.

(i) Authorities.—Subject to the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions at the Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.

(j) Additional Duties of the Administrator.—The Administrator shall—(1) provide assistance to States in developing State rail plans prepared under chapter 227 and review all State rail plans submitted under that section; 11 So in original. Probably should be “chapter;”.

(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of the Nation, as determined by the Secretary in order to promote an integrated, cohesive, efficient, and optimized national rail system for the movement of goods and people;

(3) develop a preliminary national rail plan within a year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;

(4) develop and enhance partnerships with the freight and passenger railroad industry, States, and the public concerning rail development;

(5) support rail intermodal development and high-speed rail development, including high speed rail planning;

(6) ensure that programs and initiatives developed under this section benefit the public and work toward achieving regional and national transportation goals; and

(7) facilitate and coordinate efforts to assist freight and passenger rail carriers, transit agencies and authorities, municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis, capital requirements, operating costs, and other research and planning related to corridors shared by passenger or commuter rail service and freight rail operations.

(k) Performance Goals and Reports.—(1) Performance goals.—In conjunction with the objectives established and activities undertaken under subsection (j) of this section, the Administrator shall develop a schedule for achieving specific, measurable performance goals.

(2) Resource needs.—The strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each goal and the additional duties required under subsection (j).

(3) Submission with president’s budget.—Beginning with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the President’s budget submission, the Administration’s performance goals and schedule developed under paragraph (1), including an assessment of the progress of the Administration toward achieving its performance goals.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, § 216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, § 3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110–432, div. A, title I, § 101, div. B, title III, § 307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111–350, § 5(o)(1), Jan. 4, 2011, 124 Stat. 3853.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

103(a)49:1652(e)(1) (1st sentence related to FRA).Oct. 15, 1966, Pub. L. 89–670, §§ 3(e) (related to FRA) (1), (3), (4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940.
 49:1652a.July 8, 1976, Pub. L. 94–348, § 6, 90 Stat. 820.
103(b)49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last sentence).
103(c)49:1655(f)(3)(A).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92–401, § 6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93–633, § 113(e)(1), 88 Stat. 2163.
 49:1652(e)(3) (related to FRA) (less last sentence).
103(d)49:1652(e)(4) (related to FRA).
 49:1655(f)(3)(C) (related to FRA).

In subsection (a), the words “To carry out” are substituted for “for purposes of administering and enforcing” in 49:1652a for consistency and to eliminate surplus words. The words “under those laws” are substituted for “pursuant to Federal railroad safety laws” to eliminate surplus words. The words “is responsible” are substituted for “shall retain full and final responsibility” and “shall be responsible” to eliminate surplus words. The words “and for the establishment of all policies with respect to implementation of such laws” are omitted as surplus.
In subsection (b), the words “Each of these components” are omitted as surplus.
In subsection (c), the words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(A) for clarity and consistency. The words “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))” are substituted for “subsection (e) of this section (other than subsection (e)(4) of this section)” in 49:1655(f)(3)(A) for clarity.
In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to appeal.

Pub. L. 103–272Section 5(m)(1) amends 49:103(c)(1) to include a reference to section 20134(c) of the revised title. The reference is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Administrator of the Federal Railroad Administration rather than the Secretary of Transportation.

References in TextThe date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (j)(3), is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.

Amendments2011—Subsec. (i). Pub. L. 111–350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (e), was executed to subsec. (i), to reflect the probable intent of Congress.
2008—Subsec. (a). Pub. L. 110–432, § 307(1), (2), inserted heading and struck out at end “To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.”
Subsecs. (b) to (k). Pub. L. 110–432, §§ 101, 307(3), (4), added subsecs. (b) to (k) and struck out former subsecs. (b) to (e), which related to: in subsec. (b), Administrator as head of the Administration; in subsec. (c), Administrator’s duties and powers; in subsec. (d), transfer of duties or powers and effect of Administrator’s decision; and, in subsec. (e), authority of Secretary of Transportation.
2002—Subsec. (e). Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.
1994—Subsec. (c)(1). Pub. L. 103–272 substituted “section 20134(c) and chapters 203–211 of this title, and chapter 213 of this title in carrying out chapters 203–211” for “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))”.
Subsec. (e). Pub. L. 103–440 added subsec. (e).
1984—Subsec. (c)(1). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Update of Federal Railroad Administration Web SitePub. L. 110–432, div. A, title III, § 307, Oct. 16, 2008, 122 Stat. 4881, as amended by Pub. L. 114–94, div. A, title XI, § 11316(j)(5), Dec. 4, 2015, 129 Stat. 1677, provided that:
“(a) In General.—The Secretary shall update the Federal Railroad Administration’s public Web site to better facilitate the ability of the public, including those individuals who are not regular users of the public Web site, to find current information regarding the Federal Railroad Administration’s activities.

“(b) Public Reporting of Violations.—On the Federal Railroad Administration’s public Web site’s home page, the Secretary shall provide a mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Federal Railroad Administration.”

[For definitions of “Secretary” and “railroad”, as used in section 307 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]

Funds for Broadband High Speed Internet Service Connection for Federal Railroad Administration EmployeesPub. L. 108–447, div. H, title I, § 151, Dec. 8, 2004, 118 Stat. 3222, provided that: “Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percentage of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Administration certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agency’s mission.”

§ 104. Federal Highway Administration(a) The Federal Highway Administration is an administration in the Department of Transportation.

(b)(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.

(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.

(c) The Administrator shall carry out—(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and

(2) additional duties and powers prescribed by the Secretary.

(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

104(a)49:1652(e)(1) (1st sentence related to FHWA).Oct. 15, 1966, Pub. L. 89–670, §§ 3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (related to FHWA), 80 Stat. 932, 940.
104(b)(1)49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence).
104(b)(2)23:303(a)(1) (1st, 2d sentences).
104(b)(3)23:303(a)(1) (last sentence), (b), (c).
104(c)49:1655(f)(3)(B).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93–633, § 113(e)(2), 88 Stat. 2163.
 23:401 (note).Sept. 9, 1966, Pub. L. 89–564, § 201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1740.
 49:1652(e)(3) (related to FHWA) (less last sentence).
104(d)49:1652(e)(4) (related to FHWA).
 49:1655(f)(3)(C) (related to FHWA).

In subsection (b)(1), the words “Each of these components” are omitted as surplus.
In subsection (b)(2), the words “In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act” in 23:303(a)(1) (1st sentence) are omitted as surplus.
In subsection (b)(3), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Secretary of Transportation.
In subsection (c), the source provisions are consolidated. The words “The Administrator shall carry out duties and powers” are substituted for “The Secretary shall carry out through the Federal Highway Administration those provisions of the Highway Safety Act of 1966 . . . for” in 23:401 (note) and “carry out the functions, powers, and duties of the Secretary” in 49:1655(f)(3)(B) as being more precise, to eliminate unnecessary words, and for consistency. The words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(B) for clarity and consistency.
In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to appeal.

References in TextThe Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, as amended, also known as the Hobbs Bridge Act, which is classified generally to subchapter II (§ 511 et seq.) of chapter 11 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.

Amendments1999—Subsec. (c). Pub. L. 106–159, § 101(c)(2)(A), substituted “; and” for the semicolon at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of this title; and”.
Subsecs. (d), (e). Pub. L. 106–159, § 101(c)(2)(B), (C), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.”
1996—Subsec. (e). Pub. L. 104–324 added subsec. (e).
1994—Subsec. (b)(1). Pub. L. 103–272, § 4(j)(2), substituted “Administrator” for “Admininstrator” before “who is”.
Subsec. (c)(2). Pub. L. 103–272, § 5(m)(2), substituted “315” for “31”.

Effective Date of 1999 AmendmentPub. L. 106–159, title I, § 107(a), Dec. 9, 1999, 113 Stat. 1758, provided that: “This Act [see Tables for classification] shall take effect on the date of the enactment of this Act [Dec. 9, 1999]; except that the amendments made by section 101 [enacting section 113 of this title and amending this section, sections 5314 and 5316 of Title 5, Government Organization and Employees, and section 104 of Title 23, Highways] shall take effect on January 1, 2000.”

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Elimination of Regional Office ResponsibilitiesPub. L. 105–178, title I, § 1220, June 9, 1998, 112 Stat. 221, provided that:
“(a) In General.—“(1) Elimination.—The Secretary [of Transportation] shall eliminate any programmatic decisionmaking responsibility of the regional offices of the Federal Highway Administration for the Federal-aid highway program as part of the Administration’s efforts to restructure its field organization.

“(2) Activities.—In carrying out paragraph (1), the Secretary shall eliminate regional offices, create technical resource centers, and, to the maximum extent practicable, delegate authority to State offices of the Federal Highway Administration.

“(b) Preference.—In locating the technical resource centers, the Secretary shall give preference to cities that house, on the date of enactment of this Act [June 9, 1998], the Federal Highway Administration regional offices and are in locations that minimize the travel distance between the technical resource centers and the Federal Highway Administration division offices that will be served by the new technical resource centers.

“(c) Report to Congress.—The Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a detailed implementation plan to carry out this section not later than September 30, 1998, and thereafter provide periodic progress reports on carrying out this section to such Committees.

“(d) Implementation.—The Secretary shall begin implementation of the plan transmitted under subsection (c) not later than December 31, 1998.”

§ 105. National Highway Traffic Safety Administration(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.

(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.

(c) The Administrator shall carry out—(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and

(2) additional duties and powers prescribed by the Secretary.

(d) The Secretary may carry out chapter 301 of this title through the Administrator.

(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, § 5(m)(3), July 5, 1994, 108 Stat. 1375.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

10523:401 (note).Sept. 9, 1966, Pub. L. 89–564, § 201(a) (less pay of Administrator and Deputy Administrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1739.

In subsection (a), the words “The . . . is an administration in the” are substituted for “There is hereby established within the”, in section 201(a) (1st sentence) of the Highway Safety Act of 1966 (Pub. L. 89–564, 80 Stat. 731) to conform to other sections of the revised title. The words “(hereafter in this section referred to as the ‘Administration’)” are omitted as unnecessary.
In subsection (c), the words “carry out . . . duties and powers . . . prescribed by the Secretary” are substituted for “perform such duties as are delegated to him by the Secretary” to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for “highway safety programs, research and development not specifically referred to in paragraph (1) of this subsection”, in section 201(b)(2) of the Highway Safety Act of 1966 for clarity.
In subsection (d), the words “Administration . . . authorized by this section” are omitted as surplus.
The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed.

Amendments1994—Subsec. (d). Pub. L. 103–272 substituted “chapter 301 of this title” for “the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)”.

Required Reporting of NHTSA AgendaPub. L. 114–94, div. B, title XXIV, § 24401, Dec. 4, 2015, 129 Stat. 1720, provided that:
“Not later than December 1 of the year beginning after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the National Highway Traffic Safety Administration shall publish on the public website of the Administration, and file with the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administration’s projected activities, including—
“(1) the Administrator’s policy priorities;

“(2) any rulemakings projected to be commenced;

“(3) any plans to develop guidelines;

“(4) any plans to restructure the Administration or to establish or alter working groups;

“(5) any planned projects or initiatives of the Administration, including the working groups and advisory committees of the Administration; and

“(6) any projected dates or timetables associated with any of the items described in paragraphs (1) through (5).”

National Highway Traffic Safety Administration Electronics, Software, and Engineering ExpertisePub. L. 112–141, div. C, title I, § 31401, July 6, 2012, 126 Stat. 772, provided that:
“(a) Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.—“(1) In general.—The Secretary [of Transportation] shall establish, within the National Highway Traffic Safety Administration, a Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies (referred to in this section as the ‘Council’) to build, integrate, and aggregate the Administration’s expertise in passenger motor vehicle electronics and other new and emerging technologies.

“(2) Implementation of roadmap.—The Council shall research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, lower emissions, meet fuel economy standards, and enhance passenger motor vehicle safety through continued utilization of the Administration’s Plastic and Composite Intensive Vehicle Safety Roadmap (Report No. DOT HS 810 863).

“(3) Intra-agency coordination.—The Council shall coordinate with all components of the Administration responsible for vehicle safety, including research and development, rulemaking, and defects investigation.

“(b) Honors Recruitment Program.—“(1) Establishment.—The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable such students to train with engineers and other safety officials for careers in vehicle safety.

“(2) Stipend.—The Secretary is authorized to provide a stipend to any student during the student’s participation in the program established under paragraph (1).

“(c) Assessment.—The Council, in consultation with affected stakeholders, shall periodically assess the implications of emerging safety technologies in passenger motor vehicles, including the effect of such technologies on consumers, product availability, and cost.”

§ 106. Federal Aviation Administration(a) The Federal Aviation Administration is an administration in the Department of Transportation.

(b) The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.

(c) The Administrator must—(1) be a citizen of the United States;

(2) be a civilian; and

(3) have experience in a field directly related to aviation.

(d)(1) The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.

(2) The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator of the Federal Aviation Administration.

(3) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive (A) the pay provided by law for the Deputy Administrator, or (B) the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.

(4) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator.

(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.

(f) Authority of the Secretary and the Administrator.—(1) Authority of the secretary.—Except as provided in paragraph (2), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. Neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the decisions or recommendations of, a committee, board, or organization established by executive order.

(2) Authority of the administrator.—The Administrator—(A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to—(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);

(ii) the acquisition and maintenance of property, services, and equipment of the Administration;

(iii) except as otherwise provided in paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and

(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);

(B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;

(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and

(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.

(3) Regulations.—(A) In general.—In the performance of the functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5. The Administrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking. The Administrator shall issue a final regulation, or take other final action, not later than 16 months after the last day of the public comment period for the regulations or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after the date of publication in the Federal Register of notice of the proposed rulemaking. On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.

(B) Approval of secretary of transportation.—(i) The Administrator may not issue a proposed regulation or final regulation that is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century) in any year, or any regulation which is significant, unless the Secretary of Transportation approves the issuance of the regulation in advance. For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation is likely to—(I) have an annual effect on the economy of $250,000,000 or more or adversely affect in a substantial and material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or

(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.

(ii) In an emergency, the Administrator may issue a regulation described in clause (i) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.

(iii) Any regulation that does not meet the criteria of clause (i), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.

(iv) The Administrator shall submit a copy of any regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.

(C) Periodic review.—(i) Beginning on the date which is 3 years after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, the Administrator shall review any unusually burdensome regulation issued by the Administrator after such date of enactment beginning not later than 3 years after the effective date of the regulation to determine if the cost assumptions were accurate, the benefit of the regulations, and the need to continue such regulations in force in their present form.

(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years.

(iii) For purposes of this subparagraph, the term “unusually burdensome regulation” means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year.

(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).

(4) Definition of political appointee.—For purposes of this subsection, the term “political appointee” means any individual who—(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or

(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.

(g) Duties and Powers of Administrator.—The Administrator shall carry out the following:(1) 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 the following:(A) Section 308(b).

(B) Subsections (c) and (d) of section 1132.

(C) Sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 40114(a).

(D) Chapter 445, except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515.

(E) Chapter 447, except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723.

(F) Chapter 451.

(G) Chapter 453.

(H) Section 46104.

(I) Subsections (d) and (h)(2) of section 46301 and sections 46303(c), 46304 through 46308, 46310, 46311, and 46313 through 46316.

(J) Chapter 465.

(K) Sections 47504(b) (related to flight procedures), 47508(a), and 48107.

(2) Additional duties and powers prescribed by the Secretary of Transportation.

(h) Section 40101(d) of this title applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final.

(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.

(j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the “Civil Aeromedical Institute”. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.

(k) Authorization of Appropriations for Operations.—(1) Salaries, operations, and maintenance.—There is authorized to be appropriated to the Secretary of Transportation for salaries, operations, and maintenance of the Administration—(A) $10,247,000,000 for fiscal year 2018;

(B) $10,486,000,000 for fiscal year 2019;

(C) $10,732,000,000 for fiscal year 2020;

(D) $11,000,000,000 for fiscal year 2021;

(E) $11,269,000,000 for fiscal year 2022; and

(F) $11,537,000,000 for fiscal year 2023.

Such sums shall remain available until expended.

(2) Authorized expenditures.—Out of amounts appropriated under paragraph (1), the following expenditures are authorized:(A) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out and expand the Air Traffic Control Collegiate Training Initiative.

(B) Such sums as may be necessary for fiscal years 2012 through 2015 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska’s main aviation corridors.

(C) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out the Aviation Safety Reporting System and the development and maintenance of helicopter approach procedures.

(D) Not more than the following amounts for commercial space transportation activities:(i) $22,587,000 for fiscal year 2018.

(ii) $33,038,000 for fiscal year 2019.

(iii) $43,500,000 for fiscal year 2020.

(iv) $54,970,000 for fiscal year 2021.

(v) $64,449,000 for fiscal year 2022.

(vi) $75,938,000 for fiscal year 2023.

(3) Administering program within available funding.—Notwithstanding any other provision of law, in each of fiscal years 2018 through 2023, if the Secretary determines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall reduce nonsafety-related activities of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under paragraph (1).

(l) Personnel and Services.—(1) Officers and employees.—Except as provided in subsections (a) and (g) of section 40122, the Administrator is authorized, in the performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent provided for in section 40122(a), nor shall the Administrator be bound by any requirement to establish such compensation or benefits at particular levels.

(2) Experts and consultants.—The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5.

(3) Transportation and per diem expenses.—The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5.

(4) Use of personnel from other agencies.—The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551(1) of title 5).

(5) Voluntary services.—(A) General rule.—In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.

(B) Incidental expenses.—The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection.

(C) Limited treatment as federal employees.—An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.

(6) Contracts.—The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.

(7) Prohibition on certain performance-based incentives.—No employee of the Administration shall be given an award, financial incentive, or other compensation, as a result of actions to meet performance goals related to meeting or exceeding schedules, quotas, or deadlines for certificates issued under section 44704.

(m) Cooperation by Administrator.—With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency (as such term is defined in section 551(1) of title 5) and any other public or private entity. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, with or without reimbursement, supplies, personnel, services, and equipment other than administrative supplies or equipment.

(n) Acquisition.—(1) In general.—The Administrator is authorized—(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—(i) air traffic control facilities and equipment;

(ii) research and testing sites and facilities; and

(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;

(B) to lease to others such real and personal property; and

(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.

(2) Title.—Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.

(o) Transfers of Funds.—The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred by law to the Administrator or functions transferred pursuant to law to the Administrator on or after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996.

(p) Management Advisory Council and Air Traffic Services Board.—(1) Establishment.—Within 3 months after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, the Administrator shall establish an advisory council which shall be known as the Federal Aviation Management Advisory Council (in this subsection referred to as the “Council”). With respect to Administration management, policy, spending, funding, and regulatory matters affecting the aviation industry, the Council may submit comments, recommended modifications, and dissenting views to the Administrator. The Administrator shall include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting views received from the Council, together with the reasons for any differences between the views of the Council and the views or actions of the Administrator.

(2) Membership.—The Council shall consist of 13 members, who shall consist of—(A) a designee of the Secretary of Transportation;

(B) a designee of the Secretary of Defense;

(C) 10 members representing aviation interests, appointed by—(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation; and

(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and

(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by the Secretary of Transportation.

(3) Qualifications.—No officer or employee of the United States Government may be appointed to the Council under paragraph (2)(C) or to the Air Traffic Services Committee.

(4) Functions.—(A) In general.—(i) The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administration.

(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.

(iii) The Council shall review the process through which the Administration determines to use advisory circulars and service bulletins.

(B) Meetings.—The Council shall meet on a regular and periodic basis or at the call of the chairman or of the Administrator.

(C) Access to documents and staff.—The Administration may give the Council or Air Traffic Services Committee appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), cost data associated with the acquisition and operation of air traffic service systems. Any member of the Council or Air Traffic Services Committee who receives commercial or other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.

(5) Federal advisory committee act not to apply.—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Council, the Air Traffic Services Committee, such aviation rulemaking committees as the Administrator shall designate, or such aerospace rulemaking committees as the Secretary shall designate.

(6) Administrative matters.—(A) Terms of members appointed under paragraph (2)(c).—Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the President under paragraph (2)(C)—(i) 3 shall be appointed for terms of 1 year;

(ii) 4 shall be appointed for terms of 2 years; and

(iii) 3 shall be appointed for terms of 3 years.

(B) Term for air traffic control representative.—The member appointed under paragraph (2)(D) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(D).

(C) Terms for air traffic services committee members.—The members appointed to the Air Traffic Services Committee shall be appointed for a term of 5 years, except that the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).

(D) Reappointment.—An individual may not be appointed to the Committee to more than two 5-year terms.

(E) Vacancy.—Any vacancy on the Council or Committee shall be filled in the same manner as the original appointment, except that any vacancy caused by a member appointed by the President under paragraph (2)(C)(i) shall be filled by the Secretary in accordance with paragraph (2)(C)(ii). Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.

(F) Continuation in office.—A member of the Council or Committee whose term expires shall continue to serve until the date on which the member’s successor takes office.

(G) Removal.—Any member of the Council appointed under paragraph (2)(D) may be removed for cause by the President or Secretary whoever makes the appointment. Any member of the Committee may be removed for cause by the Secretary.

(H) Claims against members of committee.—(i) In general.—A member appointed to the Committee shall have no personal liability under Federal law with respect to any claim arising out of or resulting from an act or omission by such member within the scope of service as a member of the Committee.

(ii) Effect on other law.—This subparagraph shall not be construed—(I) to affect any other immunity or protection that may be available to a member of the Subcommittee under applicable law with respect to such transactions;

(II) to affect any other right or remedy against the United States under applicable law; or

(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.

(I) Ethical considerations.—(i) Financial disclosure.—During the entire period that an individual is serving as a member of the Committee, such individual shall be treated as serving as an officer or employee referred to in section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act shall apply without regard to the number of days of service in the position.

(ii) Restrictions on post-employment.—For purposes of section 207(c) of title 18, an individual who is a member of the Committee shall be treated as an employee referred to in section 207(c)(2)(A)(i) of such title during the entire period the individual is a member of the Committee; except that subsections (c)(2)(B) and (f) of section 207 of such title shall not apply.

(J) Chairman; vice chairman.—The Council shall elect a chair and a vice chair from among the members appointed under paragraph (2)(C), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chairman in the absence of the chairman.

(K) Travel and per diem.—Each member of the Council or Committee shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5.

(L) Detail of personnel from the administration.—The Administrator shall make available to the Council or Committee such staff, information, and administrative services and assistance as may reasonably be required to enable the Council or Committee to carry out its responsibilities under this subsection.

(7) Air traffic services committee.—(A) Establishment.—The Administrator shall establish a committee that is independent of the Council by converting the Air Traffic Services Subcommittee of the Council, as in effect on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, into such committee. The committee shall be known as the Air Traffic Services Committee (in this subsection referred to as the “Committee”).

(B) Membership and qualifications.—Subject to paragraph (6)(C), the Committee shall consist of five members, one of whom shall be the Administrator and shall serve as chairperson. The remaining members shall be appointed by the President with the advice and consent of the Senate and—(i) shall have a fiduciary responsibility to represent the public interest;

(ii) shall be citizens of the United States; and

(iii) shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas and, in the aggregate, should collectively bring to bear expertise in all of the following areas:(I) Management of large service organizations.

(II) Customer service.

(III) Management of large procurements.

(IV) Information and communications technology.

(V) Organizational development.

(VI) Labor relations.

(C) Prohibitions on members of committee.—No member of the Committee may—(i) have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;

(ii) engage in another business related to aviation or aeronautics; or

(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.

(D) General responsibilities.—(i) Oversight.—The Committee shall oversee the administration, management, conduct, direction, and supervision of the air traffic control system.

(ii) Confidentiality.—The Committee shall ensure that appropriate confidentiality is maintained in the exercise of its duties.

(E) Specific responsibilities.—The Committee shall have the following specific responsibilities:(i) Strategic plans.—To review, approve, and monitor the strategic plan for the air traffic control system, including the establishment of—(I) a mission and objectives;

(II) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and

(III) annual and long-range strategic plans.

(ii) Modernization and improvement.—To review and approve—(I) methods to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and

(II) procurements of air traffic control equipment in excess of $100,000,000.

(iii) Operational plans.—To review the operational functions of the air traffic control system, including—(I) plans for modernization of the air traffic control system;

(II) plans for increasing productivity or implementing cost-saving measures; and

(III) plans for training and education.

(iv) Management.—To—(I) review and approve the Administrator’s appointment of a Chief Operating Officer under section 106(r);

(II) review the Administrator’s selection, evaluation, and compensation of senior executives of the Administration who have program management responsibility over significant functions of the air traffic control system;

(III) review and approve the Administrator’s plans for any major reorganization of the Administration that would impact on the management of the air traffic control system;

(IV) review and approve the Administrator’s cost accounting and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; and

(V) review the performance and compensation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets.

(v) Budget.—To—(I) review and make recommendations on the budget request of the Administration related to the air traffic control system prepared by the Administrator;

(II) submit such budget recommendations to the Secretary; and

(III) base such budget recommendations on the annual and long-range strategic plans.

(F) Committee personnel matters and expenses.—(i) Personnel matters.—The Committee may appoint and terminate for purposes of employment by the Committee any personnel that may be necessary to enable the Committee to perform its duties, and may procure temporary and intermittent services under section 40122.

(ii) Travel expenses.—Each member of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(G) Administrative matters.—(i) Powers of chair.—Except as otherwise provided by a majority vote of the Committee, the powers of the chairperson shall include—(I) establishing committees;

(II) setting meeting places and times;

(III) establishing meeting agendas; and

(IV) developing rules for the conduct of business.

(ii) Meetings.—The Committee shall meet at least quarterly and at such other times as the chairperson determines appropriate.

(iii) Quorum.—Three members of the Committee shall constitute a quorum. A majority of members present and voting shall be required for the Committee to take action.

(H) Authorization.—There are authorized to be appropriated to the Committee such sums as may be necessary for the Committee to carry out its activities.

(8) Air traffic control system defined.—In this section, the term “air traffic control system” has the meaning such term has under section 40102(a).

(q) Aircraft Noise Ombudsman.—(1) Establishment.—There shall be in the Administration an Aircraft Noise Ombudsman.

(2) General duties and responsibilities.—The Ombudsman shall—(A) be appointed by the Administrator;

(B) serve as a liaison with the public on issues regarding aircraft noise; and

(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.

(3) Number of full-time equivalent employees.—The appointment of an Ombudsman under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.

(r) Chief Operating Officer.—(1) In general.—(A) Appointment.—There shall be a Chief Operating Officer for the air traffic control system to be appointed by the Administrator, with the approval of the Air Traffic Services Committee. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.

(B) Qualifications.—The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation.

(C) Term.—The Chief Operating Officer shall be appointed for a term of 5 years.

(D) Removal.—The Chief Operating Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system.

(E) Vacancy.—Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.

(2) Compensation.—(A) In general.—The Chief Operating Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, with the approval of the Air Traffic Services Committee. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title.

(B) Bonus.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).

(3) Annual performance agreement.—The Administrator and the Chief Operating Officer, in consultation with the Air Traffic Services Committee, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis.

(4) Annual performance report.—The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary.

(5) Responsibilities.—The Administrator may delegate to the Chief Operating Officer, or any other authority within the Administration responsibilities, including the following:(A) Strategic plans.—To implement the strategic plan of the Administration for the air traffic control system in order to further—(i) a mission and objectives;

(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;

(iii) annual and long-range strategic plans; and

(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control.

(B) Operations.—To oversee the day-to-day operational functions of the Administration for air traffic control, including—(i) modernization of the air traffic control system;

(ii) increasing productivity or implementing cost-saving measures;

(iii) training and education; and

(iv) the management of cost-reimbursable contracts.

(C) Budget.—To—(i) develop a budget request of the Administration related to the air traffic control system;

(ii) submit such budget request to the Administrator and the Committee; and

(iii) ensure that the budget request supports the agency’s annual and long-range strategic plans for air traffic control services.

(s) Chief Technology Officer.—(1) In general.—(A) Appointment.—There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer.

(B) Minimum qualifications.—The Chief Technology Officer shall have—(i) at least 10 years experience in engineering management or another relevant technical management field; and

(ii) knowledge of or experience in the aviation industry.

(C) Removal.—The Chief Technology Officer shall serve at the pleasure of the Administrator.

(D) Restriction.—The Chief Technology Officer may not also be the Deputy Administrator.

(2) Responsibilities.—The responsibilities of the Chief Technology Officer shall include—(A) ensuring the proper operation, maintenance, and cybersecurity of technology systems relating to the air traffic control system across all program offices of the Administration;

(B) coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aerospace industry and other Federal agencies;

(C) reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration’s budget, cost-accounting system, and benefit-cost analyses with respect to technology programs relating to the air traffic control system;

(D) consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress;

(E) developing an annual air traffic control system technology operation and maintenance plan that is consistent with the annual performance targets established under paragraph (4); and

(F) ensuring that the air traffic control system architecture remains, to the maximum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by aircraft operators.

(3) Compensation.—(A) In general.—The Chief Technology Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, in consultation with the Chief Operating Officer. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title.

(B) Bonus.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Technology Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Technology Officer’s performance in relation to the performance targets established under paragraph (4).

(4) Annual performance targets.—(A) In general.—The Administrator and the Chief Operating Officer, in consultation with the Chief Technology Officer, shall establish measurable annual performance targets for the Chief Technology Officer in key operational areas.

(B) Report.—The Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the annual performance targets established under subparagraph (A).

(5) Annual performance report.—The Chief Technology Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report containing—(A) detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance targets established under paragraph (4); and

(B) other information as may be requested by the Administrator and the Chief Operating Officer.

(t) Office of Whistleblower Protection and Aviation Safety Investigations.—(1) Establishment.—There is established in the Federal Aviation Administration (in this subsection referred to as the “Agency”) the Office of Whistleblower Protection and Aviation Safety Investigations (in this subsection referred to as the “Office”).

(2) Director.—(A) Appointment.—The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation.

(B) Qualifications.—The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation.

(C) Term.—The Director shall be appointed for a term of 5 years.

(D) Vacancies.—Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.

(E) Limitation of duties.— The Director may only perform duties of the Director described in paragraph (3)(A).

(3) Complaints and investigations.—(A) Authority of director.—The Director shall—(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system) and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety;

(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred;

(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator of the Agency, in writing, regarding further investigation or corrective actions;

(iv) receive allegations of whistleblower retaliation by employees of the Agency;

(v) coordinate with and provide all necessary assistance to the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whistleblower retaliation by employees of the Agency; and

(vi) investigate allegations of whistleblower retaliation by employees of the Agency that have been delegated to the Office by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, or the Office of Special Counsel.

(B) Disclosure of identities.—The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless—(i) the individual consents to the disclosure in writing; or

(ii) the Director determines, in the course of an investigation, that the disclosure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure.

(C) Independence of director.—The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment.

(D) Access to information.—In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material of the Agency necessary to determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred.

(4) Responses to recommendations.—Not later than 60 days after the date on which the Administrator receives a report with respect to an investigation, the Administrator shall respond to a recommendation made by the Director under paragraph (3)(A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation.

(5) Incident reports.—If the Director determines there is a substantial likelihood that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation.

(6) Reporting of criminal violations to inspector general.—If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General.

(7) Annual reports to congress.—Not later than November 15 of each year, the Director shall submit to Congress a report containing—(A) information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding fiscal year;

(B) summaries of those submissions;

(C) summaries of the resolution of those submissions, including any further investigations and corrective actions recommended in response to the submissions;

(D) summaries of the responses of the Administrator to such recommendations; and

(E) A summary of the activities of the Whistleblower Ombudsman, including—(i) the number of employee consultations conducted by the Whistleblower Ombudsman in the preceding 12-month period and a summary of such consultations and their resolution (in a de-identified or anonymized form); and

(ii) the number of reported incidents of retaliation during such period and, if applicable, a description of the disposition of such incidents during such period.

(8) Whistleblower ombudsman.—(A) In general.—Within the Office, there shall be established the position of Whistleblower Ombudsman.

(B) Ombudsman qualifications.—The individual selected as Ombudsman shall have knowledge of Federal labor law and demonstrated government experience in human resource management, and conflict resolution.

(C) Duties.—The Ombudsman shall carry out the following duties:(i) Educate Administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions.

(ii) Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate.

(iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Office of the Chief Counsel, as necessary.

(iv) Coordinate with the Office of the Inspector General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary.

(v) Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, § 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, § 9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, § 101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, § 104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§ 4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, § 103, title II, § 201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, § 103(a), title II, §§ 223(a), 224–230, 276(c), title XII, § 1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, § 5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, § 3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, § 4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 103(a), title III, §§ 302(a)–(c), 303, 305, 306, 307(c)(1), title VII, § 701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, § 8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, § 101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, § 103(a),(b), title II, §§ 201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L. 110–330, § 6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, § 6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, § 206, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, § 6, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 103, title II, §§ 203, 204, title III, §§ 306(b), 341, Feb. 14, 2012, 126 Stat. 16, 37, 61, 78; Pub. L. 112–166, § 2(k)(2), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 113–188, title XV, § 1501(a), Nov. 26, 2014, 128 Stat. 2023; Pub. L. 114–55, title I, § 103, Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 103, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1103, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, § 103, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 103, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, § 113, title V, §§ 545(a), 564, div. K, title I, § 1991(a), Oct. 5, 2018, 132 Stat. 3200, 3374, 3385, 3626; Pub. L. 116–260, div. V, title I, §§ 114, 133(a), (b), Dec. 27, 2020, 134 Stat. 2333, 2353, 2355.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

106(a)49:1341(a) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, §§ 301(a), (b), 302(a), (b), 72 Stat. 744; Aug. 14, 1964, Pub. L. 88–426, § 305(16) (B), (C), 78 Stat. 424.
 49:1652(e)(1) (related to FAA).Oct. 15, 1966, Pub. L. 89–670, § 3(e) (related to FAA), 80 Stat. 932.
106(b)49:1341(a) (2d sentence), (b) (1st sentence less 1st–10th words).
 49:1342(a) (1st sentence), (b) (1st sentence less 1st–11th words).
 49:1652(e) (related to FAA) (1) (less 1st sentence), (3) (last sentence).
106(c)49:1341(b) (1st sentence 1st–10th words, 2d sentence).
 49:1652(e)(2) (related to Administrator).
106(d)49:1342(b) (1st sentence 1st–11th words, 2d sentence, 4th–6th sentences).
 49:1652(e)(2) (1st sentence less Administrator).
 49:1343(a)(2) (related to Deputy Administrator).Aug. 23, 1958, Pub. L. 85–726, § 302(c)(2) (related to Deputy Administrator), 72 Stat. 745.
106(e)49:1341(b) (less 1st, 2d sentences).
 49:1342(b) (3d sentence).
106(f)49:1341(a) (less 1st, 2d sentences).
106(g)49:1652(e)(3) (related to FAA) (less last sentence).
 49:1655(c)(1) (1st sentence proviso).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1) (1st sentence proviso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. 93–633, § 113(d), 88 Stat. 2163.
106(h)49:1652(e)(4) (related to FAA).
 49:1655(c)(1) (2d, last sentences).
106(i)49:1342(a) (2d, last sentences).

In subsections (a) and (b), the source provisions are combined for clarity.
In subsection (a), the words “referred to in this chapter as the ‘Administration’ ” are omitted because of the style of the revised title.
In subsection (b), the word “due” in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words “the duties and powers” are substituted for “the powers and duties vested in and imposed upon him by this chapter” to eliminate surplus words and for consistency. The word “consider” is substituted for “with . . . regard to” for clarity.
In subsections (c) and (d), the words “At the time of his nomination” are omitted as unnecessary and for consistency.
In subsection (c), the text of 49:1652(e)(2) (last sentence) is omitted as executed.
In subsection (d)(1), the words “Nothing in this chapter or other law shall preclude” in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words “armed force” are substituted for “armed services” to conform to title 10. The words “to the position of” are omitted as surplus.
In subsection (d)(2), the word “continue” is omitted as surplus. The words “pay provided by law for the Deputy Administrator” are substituted for “compensation provided for the Deputy Administrator” in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words “(including personal money allowance)” are omitted as being within the meaning of “allowance” in title 37. The words “as the case may be” are omitted as surplus. The words “of the military grade held” are substituted for “military . . . payable to a commissioned officer of his grade and length of service” to eliminate unnecessary words. The words “Administration” and “military” are added for clarity. The words “to defray” are omitted as surplus.
In subsection (d)(3), the words “acceptance of, and” are omitted as unnecessary. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.
In subsection (f), the word “Secretary” is substituted for “Administrator” because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “In the exercise of his duties and the discharge of his responsibilities under this chapter” are omitted as surplus.
In subsection (g), the words “are hereby transferred to” in 49:1655(c)(1) are omitted as executed. The words “carry out” are substituted for “it shall be his duty to exercise” in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words “In addition to such functions, powers, and duties as are specified in this chapter” in 49:1652(e)(3) are omitted as unnecessary because of the restatement.
In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words “carrying out” in 49:1655(c)(1) (last sentence) are substituted for “the exercise of” for consistency. The words after “administratively final” are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal.
In subsection (i), the words “and exercise the powers of” are omitted as surplus. The words “when the office of the Administrator is vacant” are inserted to conform to section 102 of the revised title.

Pub. L. 103–272Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2417). The others are from laws enacted after October 15, 1966, in which the duties and powers are to be carried out by the Administrator rather than the Secretary.

References in TextThe Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (f)(3)(B)(i), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsecs. (f)(3)(C), (o), and (p)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
The Federal Advisory Committee Act, referred to in subsec. (p)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (p)(6)(C), (7)(A), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
The Ethics in Government Act of 1978, referred to in subsec. (p)(6)(I)(i), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title I of the Act is set out in the Appendix to Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95–521 in the Appendix to Title 5 and Tables.

Amendments2020—Subsec. (l)(7). Pub. L. 116–260, § 114, added par. (7).
Subsec. (t). Pub. L. 116–260, § 133(a)(1)(B), substituted “Office of Whistleblower Protection and Aviation Safety Investigations” for “Aviation Safety Whistleblower Investigation Office” in heading.
Subsec. (t)(1). Pub. L. 116–260, § 133(a)(1)(A), substituted “the Office of Whistleblower Protection and Aviation Safety Investigations” for “an Aviation Safety Whistleblower Investigation Office”.
Subsec. (t)(2)(E). Pub. L. 116–260, § 133(a)(2)(B), added subpar. (E).
Subsec. (t)(3)(A)(i). Pub. L. 116–260, § 133(a)(2)(A)(i), substituted “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system)” for “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process)”.
Subsec. (t)(3)(A)(iv) to (vi). Pub. L. 116–260, § 133(a)(2)(A)(ii)–(iv), added cls. (iv) to (vi).
Subsec. (t)(7). Pub. L. 116–260, § 133(a)(2)(C)(i), substituted “November 15” for “October 1” in introductory provisions.
Subsec. (t)(7)(A). Pub. L. 116–260, § 133(a)(2)(C)(ii), substituted “paragraph (3)(A)(i) in the preceding fiscal year” for “paragraph (3)(A)(i) in the preceding 12-month period”.
Subsec. (t)(7)(C). Pub. L. 116–260, § 133(a)(3)(A), inserted “the resolution of those submissions, including any” before “further” and struck out “and” at end.
Subsec. (t)(7)(E). Pub. L. 116–260, § 133(a)(3)(B), (C), added subpar. (E).
Subsec. (t)(8). Pub. L. 116–260, § 133(b), added par. (8).
2018—Subsec. (g). Pub. L. 115–254, § 1991(a), amended subsec. (g) generally. Prior to amendment, text read as follows:
“(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), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 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 Secretary 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.”
Subsec. (k)(1)(A)–(E). Pub. L. 115–254, § 113(a), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:
“(A) $9,653,000,000 for fiscal year 2012;
“(B) $9,539,000,000 for fiscal year 2013;
“(C) $9,596,000,000 for fiscal year 2014;
“(D) $9,653,000,000 for fiscal year 2015;
“(E) $9,909,724,000 for each of fiscal years 2016 and 2017; and”.
Subsec. (k)(1)(F). Pub. L. 115–254, § 113(a), added subpar. (F) and struck out former subpar. (F) which read as follows: “$10,025,852,000 for fiscal year 2018.”
Pub. L. 115–141, § 103(1), added subpar. (F) and struck out former subpar. (F) which read as follows: “$4,999,191,956 for the period beginning on October 1, 2017, and ending on March 31, 2018.”
Subsec. (k)(2)(D). Pub. L. 115–254, § 113(b), added subpar. (D).
Subsec. (k)(3). Pub. L. 115–254, § 113(c), substituted “fiscal years 2018 through 2023,” for “fiscal years 2012 through 2018,”.
Pub. L. 115–141, § 103(2), substituted “2018” for “2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018”.
Subsec. (p)(5). Pub. L. 115–254, § 564, substituted “Committee,” for “Committee, or” and “, or such aerospace rulemaking committees as the Secretary shall designate.” for period at end.
Subsec. (s). Pub. L. 115–254, § 545(a), amended subsec. (s) generally. Prior to amendment, subsec. (s) related to Chief NextGen Officer.
2017—Subsec. (k)(1)(F). Pub. L. 115–63, § 103(1), added subpar. (F).
Subsec. (k)(3). Pub. L. 115–63, § 103(2), inserted “and for the period beginning on October 1, 2017, and ending on March 31, 2018” after “fiscal years 2012 through 2017”.
2016—Subsec. (k)(1)(E). Pub. L. 114–190, § 1103(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “$7,711,387,500 for the period beginning on October 1, 2015, and ending on July 15, 2016.”
Pub. L. 114–141, § 103(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “$4,870,350,000 for the period beginning on October 1, 2015, and ending on March 31, 2016.”
Subsec. (k)(3). Pub. L. 114–190, § 1103(2), substituted “fiscal years 2012 through 2017,” for “fiscal years 2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016,”.
Pub. L. 114–141, § 103(2), substituted “July 15, 2016” for “March 31, 2016”.
2015—Subsec. (k)(1)(E). Pub. L. 114–55, § 103(1), added subpar. (E).
Subsec. (k)(3). Pub. L. 114–55, § 103(2), inserted “and for the period beginning on October 1, 2015, and ending on March 31, 2016” after “fiscal years 2012 through 2015”.
2014—Subsec. (p)(7)(H), (I). Pub. L. 113–188 redesignated subpar. (I) as (H) and struck out former subsec. (H) which related to reports and other actions by the Air Traffic Services Committee, Administrator, and Comptroller General.
2012—Subsec. (b). Pub. L. 112–166, § 2(k)(2)(A), substituted “, who shall be appointed” for “. The Administration has a Deputy Administrator. They are appointed”.
Subsec. (d)(1). Pub. L. 112–166, § 2(k)(2)(B), substituted “The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall” for “The Deputy Administrator must”.
Subsec. (k)(1). Pub. L. 112–95, § 103(a), added subpars. (A) to (D) and struck out former subpars. (A) to (H) which authorized appropriations for fiscal years 2004 through 2011 and for the period beginning Oct. 1, 2011, and ending Feb. 17, 2012.
Subsec. (k)(1)(H). Pub. L. 112–91 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “$3,197,315,080 for the period beginning on October 1, 2011, and ending on January 31, 2012.”
Subsec. (k)(2). Pub. L. 112–95, § 103(b), redesignated subpars. (E) to (G) as (A) to (C), respectively, substituted “2012 through 2015” for “2004 through 2007” in subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows:
“(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.
“(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
“(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
“(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.”
Subsec. (k)(2)(C). Pub. L. 112–95, § 306(b), inserted “and the development and maintenance of helicopter approach procedures” before period at end.
Subsec. (k)(3). Pub. L. 112–95, § 103(c), added par. (3).
Subsec. (m). Pub. L. 112–95, § 203, in last sentence, inserted “with or” after “from the Administration,”.
Subsec. (s). Pub. L. 112–95, § 204, added subsec. (s).
Subsec. (t). Pub. L. 112–95, § 341, added subsec. (t).
2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added subpars. (G) and (H).
2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$7,813,037,096 for the period beginning on October 1, 2009, and ending on August 1, 2010.”
Pub. L. 111–197 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.”
Pub. L. 111–161 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$5,454,183,000 for the 7-month period beginning on October 1, 2009.”
Pub. L. 111–153 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$4,676,574,750 for the 6-month period beginning on October 1, 2009.”
2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted “$9,042,467,000 for fiscal year 2009” for “$4,516,364,500 for the 6-month period beginning on October 1, 2008”.
Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$2,338,287,375 for the 3-month period beginning on October 1, 2009.”
Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F).
2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar. (E).
2003—Subsec. (d)(2) to (4). Pub. L. 108–176, § 204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (f)(2)(A)(ii). Pub. L. 108–176, § 224(c), inserted “, services,” after “property”.
Subsec. (k)(1). Pub. L. 108–176, § 103(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1) In general.—There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration—
“(A) such sums as may be necessary for fiscal year 2000;
“(B) $6,592,235,000 for fiscal year 2001;
“(C) $6,886,000,000 for fiscal year 2002; and
“(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.”
Subsec. (k)(2). Pub. L. 108–176, § 103(b), redesignated subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. (A) to (C), substituted “fiscal years 2004 through 2007” for “fiscal years 2000 through 2003”, added subpars. (D) to (G), struck out former subpars. (A) and (B), which related to expenditures for wildlife measures and a university consortium for an air safety and security management certificate program, and struck out former subpars. (F) to (I), which related to expenditures for the 1998 airport surface operations safety action plan, United States membership obligations in the International Civil Aviation Organization, additional inspectors to enhance air cargo security programs, and improved training programs for airport security screening personnel.
Subsec. (p). Pub. L. 108–176, § 201(1), inserted “and Air Traffic Services Board” after “Council” in heading.
Subsec. (p)(2). Pub. L. 108–176, § 201(2)(A), substituted “consist of 13 members, who” for “consist of 18 members, who” in introductory provisions.
Subsec. (p)(2)(C)(i). Pub. L. 108–176, § 201(2)(B), inserted “, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation” after “Senate”.
Subsec. (p)(2)(C)(ii). Pub. L. 108–176, § 201(2)(C)(ii), substituted “; and” for semicolon at end.
Subsec. (p)(2)(D). Pub. L. 108–176, § 201(2)(D), substituted “employees, by the Secretary of Transportation.” for “employees, by—
“(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and
“(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and”.
Subsec. (p)(2)(E). Pub. L. 108–176, § 201(2)(D), struck out subpar. (E) which read as follows: “5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Subsec. (p)(3). Pub. L. 108–176, § 202(1), added par. (3) and struck out former par. (3) which related to qualifications for serving on the Council.
Subsec. (p)(4)(C). Pub. L. 108–176, § 202(2), inserted “or Air Traffic Services Committee” after “Council” in two places.
Subsec. (p)(5). Pub. L. 108–176, § 202(3), inserted “, the Air Traffic Services Committee,” after “Council”.
Subsec. (p)(6)(C). Pub. L. 108–176, § 202(4), in heading substituted “committee” for “subcommittee” and in text substituted “members appointed” for “member appointed”, “to the Air Traffic Services Committee shall” for “under paragraph (2)(E) shall”, and “the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).” for “of the members first appointed under paragraph (2)(E)—
“(i) 2 members shall be appointed for a term of 3 years;
“(ii) 2 members shall be appointed for a term of 4 years; and
“(iii) 1 member shall be appointed for a term of 5 years.”
Subsec. (p)(6)(D). Pub. L. 108–176, § 202(5), substituted “to the Committee” for “under paragraph (2)(E)”.
Subsec. (p)(6)(E). Pub. L. 108–176, § 202(6), inserted “or Committee” after “Council”.
Subsec. (p)(6)(F). Pub. L. 108–176, § 202(7), inserted “of the Council or Committee” after “member”.
Subsec. (p)(6)(G). Pub. L. 108–176, § 202(8), in second sentence substituted “Committee” for “Council” and struck out “appointed under paragraph (2)(E)” before “may be removed”.
Subsec. (p)(6)(H). Pub. L. 108–176, § 202(9)(A), substituted “committee” for “subcommittee” in heading.
Subsec. (p)(6)(H)(i). Pub. L. 108–176, § 202(9)(B), (C), substituted “to the Committee” for “under paragraph (2)(E)” and “of the Committee” for “of the Air Traffic Services Subcommittee”.
Subsec. (p)(6)(I)(i). Pub. L. 108–176, § 202(10), substituted “is serving as” for “appointed under paragraph (2)(E) is” and “Committee” for “Subcommittee”.
Subsec. (p)(6)(I)(ii). Pub. L. 108–176, § 202(11), substituted “who is a member of the Committee” for “appointed under paragraph (2)(E)” and “Committee;” for “Subcommittee;”.
Subsec. (p)(6)(K). Pub. L. 108–176, § 202(12), inserted “or Committee” after “Council”.
Subsec. (p)(6)(L). Pub. L. 108–176, § 202(13), inserted “or Committee” after “Council” in two places.
Subsec. (p)(7). Pub. L. 108–176, § 202(14)(A), substituted “committee” for “subcommittee” in heading.
Subsec. (p)(7)(A). Pub. L. 108–176, § 202(14)(B), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “The Management Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed under paragraph (2)(E).”
Subsec. (p)(7)(B), (C). Pub. L. 108–176, § 202(14)(D), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively.
Subsec. (p)(7)(D). Pub. L. 108–176, § 202(14)(E), substituted “Committee” for “Subcommittee” in two places.
Pub. L. 108–176, § 202(14)(C), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).
Subsec. (p)(7)(E). Pub. L. 108–176, § 202(14)(I), struck out concluding provisions which read as follows: “The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President’s annual budget request for the Federal Aviation Administration for such fiscal year.”
Pub. L. 108–176, § 202(14)(E), substituted “Committee” for “Subcommittee” in introductory provisions.
Pub. L. 108–176, § 202(14)(C), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G).
Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, § 202(14)(F), substituted “make recommendations on” for “approve”.
Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, § 202(14)(G), substituted “recommendations” for “request”.
Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, § 202(14)(H), substituted “base such budget recommendations on” for “ensure that the budget request supports”.
Subsec. (p)(7)(F). Pub. L. 108–176, § 202(14)(J), added subpar. (F) and struck out heading and text of former subpar. (F). Text read as follows:
“(i) Compensation of members.—Each member of the Subcommittee shall be compensated at a rate of $25,000 per year.
“(ii) Compensation of chairperson.—Notwithstanding clause (i), the chairperson of the Subcommittee shall be compensated at a rate of $40,000 per year.
“(iii) Staff.—The chairperson of the Subcommittee may appoint and terminate any personnel that may be necessary to enable the Subcommittee to perform its duties.
“(iv) Procurement of temporary and intermittent services.—The chairperson of the Subcommittee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.”
Pub. L. 108–176, § 202(14)(C), redesignated subpar (D) as (F). Former subpar. (F) redesignated (H).
Subsec. (p)(7)(G). Pub. L. 108–176, § 202(14)(K), substituted “Committee” for “Subcommittee” wherever appearing, redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “Term of chair.—The members of the Subcommittee shall elect for a 2-year term a chairperson from among the members of the Subcommittee.”
Pub. L. 108–176, § 202(14)(C), redesignated subpar. (E) as (G).
Subsec. (p)(7)(H). Pub. L. 108–176, § 202(14)(C), redesignated subpar. (F) as (H).
Subsec. (p)(7)(H)(i). Pub. L. 108–176, § 202(14)(L)(i), (ii), substituted “Committee shall” for “Subcommittee shall” and “Secretary” for “Administrator, the Council”.
Subsec. (p)(7)(H)(ii). Pub. L. 108–176, § 202(14)(L), substituted “Committee under” for “Subcommittee under”, “subparagraph (D)(i)” for “subparagraph (B)(i)”, “Committee shall” for “Subcommittee shall”, and “Secretary” for “Administrator, the Council”.
Subsec. (p)(7)(H)(iii), (iv). Pub. L. 108–176, § 202(14)(L)(i), in cl. (iii) substituted “Committee under” for “Subcommittee under” and “Committee, the” for “Subcommittee, the” and in cl. (iv) substituted “Committee in” for “Subcommittee in”.
Subsec. (p)(7)(I). Pub. L. 108–176, § 202(14)(M), added subpar. (I).
Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, § 203(1), substituted “Air Traffic Services Committee” for “Air Traffic Services Subcommittee of the Aviation Management Advisory Council”.
Subsec. (r)(2)(B). Pub. L. 108–176, § 203(2), inserted “in” before “paragraph (3)”.
Subsec. (r)(3). Pub. L. 108–176, § 203(3), substituted “Air Traffic Services Committee” for “Air Traffic Control Subcommittee of the Aviation Management Advisory Committee”.
Subsec. (r)(4). Pub. L. 108–176, § 203(4), substituted “Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” for “Transportation and Congress”.
Subsec. (r)(5)(A). Pub. L. 108–176, § 203(5), in introductory provisions substituted “implement the” for “develop a” and “in order to further” for “, including the establishment of”.
Subsec. (r)(5)(B). Pub. L. 108–176, § 203(6)(A), substituted “oversee the day-to-day operational functions of the Administration for air traffic control,” for “review the operational functions of the Administration,” in introductory provisions.
Subsec. (r)(5)(B)(iv). Pub. L. 108–176, § 203(6)(B)–(D), added cl. (iv).
Subsec. (r)(5)(C)(i). Pub. L. 108–176, § 203(7), struck out “prepared by the Administrator” after “air traffic control system”.
Subsec. (r)(5)(C)(ii). Pub. L. 108–176, § 203(8), substituted “and the Committee” for “and the Secretary of Transportation”.
Subsec. (r)(5)(C)(iii). Pub. L. 108–176, § 203(9), inserted “agency’s” before “annual” and substituted “for air traffic control services” for “developed under subparagraph (A) of this subsection”.
2001—Subsec. (m). Pub. L. 107–71, § 101(d), substituted “supplies, personnel, services, and” for “supplies and” in last sentence.
Subsec. (r)(2)(A). Pub. L. 107–71, § 101(c)(3), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title.”
2000—Subsec. (f)(3)(A). Pub. L. 106–181, § 306, inserted at end “On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.”
Subsec. (f)(3)(B)(i). Pub. L. 106–181, § 305(1), (2), in introductory provisions, substituted “$250,000,000” for “$100,000,000” and “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” for “Air Traffic Management System Performance Improvement Act of 1996”.
Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, § 305(1), (3), substituted “$250,000,000” for “$100,000,000” and inserted “substantial and” before “material” and “or” after semicolon at end.
Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, § 305(4), added subcl. (II) and struck out former subcls. (II) to (IV) which read as follows:
“(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
“(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
“(IV) raise novel legal or policy issues arising out of legal mandates.”
Subsec. (g)(1)(A). Pub. L. 106–181, § 701, substituted “40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections” for “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 45302–45304,”.
Subsec. (k). Pub. L. 106–181, § 103(a), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal year 1999.”
Subsec. (l)(1). Pub. L. 106–181, § 307(c)(1), substituted “subsections (a) and (g) of section 40122” for “section 40122(a) of this title and section 347 of Public Law 104–50”.
Subsec. (p)(2). Pub. L. 106–528, which directed the substitution of “18” for “15” in section 106(p)(2), without specifying the Code title to be amended, was executed by making the substitution in the introductory provisions of subsec. (p)(2) of this section, to reflect the probable intent of Congress.
Subsec. (p)(2)(C) to (E). Pub. L. 106–181, § 302(a)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: “13 members representing aviation interests, appointed by the President by and with the advice and consent of the Senate.”
Subsec. (p)(3). Pub. L. 106–181, § 302(a)(2), designated existing provisions as subpar. (A), inserted subpar. heading, realigned margins, inserted “or (2)(E)” after “paragraph (2)(C)”, and added subpars. (B) and (C).
Subsec. (p)(6). Pub. L. 106–181, § 302(b), added subpars. (A) to (I), redesignated former subpars. (B) to (D) as (J) to (L), respectively, and struck out former subpar. (A) which related to terms of members appointed to the Advisory Council.
Subsec. (p)(7), (8). Pub. L. 106–181, § 302(c), added pars. (7) and (8).
Subsec. (r). Pub. L. 106–181, § 303, added subsec. (r).
1999—Subsec. (k). Pub. L. 106–6 substituted “$5,632,000,000 for fiscal year 1999.” for “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.”
1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L. 104–264, § 276(c). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–287 substituted “August 23, 1994,” for “the date of the enactment of this sentence”.
Pub. L. 104–264, § 223(a)(1), substituted “Except as provided in subsection (f) or in other provisions of law, the Administrator” for “The Administrator”.
Subsec. (f). Pub. L. 104–264, § 223(a)(2), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, realigned margins, substituted “Neither the Secretary nor the Administrator may” for “The Secretary may not” and “or be bound” for “nor be bound”, and added pars. (2) and (3).
Subsec. (f)(3). Pub. L. 104–264, § 224(2), added par. (3). Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 104–264, § 224(1), redesignated par. (3) as (4).
Subsec. (g)(1)(A). Pub. L. 104–264, § 276(c), as added by Pub. L. 105–102, substituted “45302–45304” for “45302, 45303”.
Subsec. (k). Pub. L. 104–264, § 103(a), substituted “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.” for “$4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.”
Subsec. (l). Pub. L. 104–264, § 225, added subsec. (l).
Subsec. (l)(6). Pub. L. 104–264, § 226, added par. (6).
Subsec. (m). Pub. L. 104–264, § 227, added subsec. (m).
Subsec. (n). Pub. L. 104–264, § 228, added subsec. (n).
Subsec. (o). Pub. L. 104–264, § 229, added subsec. (o).
Subsec. (p). Pub. L. 104–264, § 230, added subsec. (p).
Subsec. (q). Pub. L. 104–264, § 1210, added subsec. (q).
1994—Subsec. (b). Pub. L. 103–305, § 201, inserted at end “The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.”
Subsec. (f). Pub. L. 103–272, § 4(j)(3)(A), substituted “Secretary of Transportation shall” for “Secretary shall”.
Subsec. (g). Pub. L. 103–272, § 4(j)(3)(B), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Administrator shall carry out—
“(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and
“(2) additional duties and powers prescribed by the Secretary.”
Subsec. (h). Pub. L. 103–272, § 5(m)(4)(A), substituted “Section 40101(d) of this title” for “Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)”.
Subsec. (j). Pub. L. 103–272, § 5(m)(4)(B), substituted “section 44507 of this title” for “section 312(e) of the Federal Aviation Act of 1958”.
Subsec. (k). Pub. L. 103–305, § 103, substituted “, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996” for “, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.
Pub. L. 103–272, § 4(j)(3)(C), inserted “to the Secretary of Transportation” after “appropriated”.
1992—Subsec. (k). Pub. L. 102–581 substituted “1991,” for “1991 and” and inserted before period at end “, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.
1990—Subsec. (g)(1). Pub. L. 101–604 inserted “315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),” after “312–314,”.
Subsec. (k). Pub. L. 101–508 added subsec. (k).
1988—Subsec. (j). Pub. L. 100–591 added subsec. (j).
1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2003 AmendmentPub. L. 108–176, § 3, Dec. 12, 2003, 117 Stat. 2493, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 2003.”

Effective Date of 2000 AmendmentsPub. L. 106–528, § 9, Nov. 22, 2000, 114 Stat. 2523, provided that: “Except as otherwise expressly provided, this Act [amending this section and sections 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 40101, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Nov. 22, 2000].”

Pub. L. 106–181, § 3, Apr. 5, 2000, 114 Stat. 64, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999.”

Pub. L. 106–181, title III, § 302(d), Apr. 5, 2000, 114 Stat. 121, provided that:
“(1) In general.—The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Apr. 5, 2000].

“(2) Initial nominations to air traffic services subcommittee.—The Secretary [of Transportation] shall make the initial appointments of the Air Traffic Services Subcommittee of the Aviation Management Advisory Council not later than 3 months after the date of the enactment of this Act.

“(3) Effect on actions prior to appointment of subcommittee.—Nothing in this section shall be construed to invalidate the actions and authority of the Federal Aviation Administration prior to the appointment of the members of the Air Traffic Services Subcommittee.”

Effective Date of 1997 AmendmentPub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(3) is effective Oct. 9, 1996.
Pub. L. 105–102, § 3(f), Nov. 20, 1997, 111 Stat. 2216, provided that: “The amendments made by subsections (a) through (d) of this section [amending this section and sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and 47128 of this title, renumbering section 40121 of this title as 40124 of this title, and amending provisions set out as notes under sections 5303 and 47117 of this title] shall take effect as if included in the provisions of the Acts to which the amendments relate.”

Effective Date of 1996 AmendmentPub. L. 104–264, § 3, Oct. 9, 1996, 110 Stat. 3215, provided that:
“(a) In General.—Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act apply only to fiscal years beginning after September 30, 1996.

“(b) Limitation on Statutory Construction.—Nothing in this Act or any amendment made by this Act shall be construed as affecting funds made available for a fiscal year ending before October 1, 1996.”

Pub. L. 104–264, title II, § 203, Oct. 9, 1996, 110 Stat. 3227, provided that: “The provisions of this title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending this section and section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing section 45301 of this title, and enacting provisions set out as notes under this section and sections 40101, 40110, and 41742 of this title] and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act [Oct. 9, 1996].”

Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Emergency FAA Employee Leave FundPub. L. 117–2, title VII, § 7103, Mar. 11, 2021, 135 Stat. 98, provided that:
“(a) Establishment; Appropriation.—There is established in the Federal Aviation Administration the Emergency FAA Employee Leave Fund (in this section referred to as the ‘Fund’), to be administered by the Administrator of the Federal Aviation Administration, for the purposes set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $9,000,000, which shall be deposited into the Fund and remain available through September 30, 2022.

“(b) Purpose.—Amounts in the Fund shall be available to the Administrator for the use of paid leave under this section by any employee of the Administration who is unable to work because the employee—“(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;

“(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;

“(3) is caring for an individual who is subject to such an order or has been so advised;

“(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis;

“(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;

“(6) is experiencing any other substantially similar condition;

“(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or

“(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization.

“(c) Limitations.—“(1) Period of availability.—Paid leave under this section may only be provided to and used by an employee of the Administration during the period beginning on the date of enactment of this section [Mar. 11, 2021] and ending on September 30, 2021.

“(2) Total hours; amount.—Paid leave under this section—“(A) shall be provided to an employee of the Administration in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;

“(B) shall be paid at the same hourly rate as other leave payments; and

“(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee.

“(3) Relationship to other leave.—Paid leave under this section—“(A) is in addition to any other leave provided to an employee of the Administration; and

“(B) may not be used by an employee of the Administration concurrently with any other paid leave.

“(4) Calculation of retirement benefit.—Any paid leave provided to an employee of the Administration under this section shall reduce the total service used to calculate any Federal civilian retirement benefit.”

Regional OmbudsmenPub. L. 115–254, div. B, title I, § 180, Oct. 5, 2018, 132 Stat. 3230, provided that:
“(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], with respect to each region of the Federal Aviation Administration, the Regional Administrator for that region shall designate an individual to be the Regional Ombudsman for the region.

“(b) Requirements.—Each Regional Ombudsman shall—“(1) serve as a regional liaison with the public, including community groups, on issues regarding aircraft noise, pollution, and safety;

“(2) make recommendations to the Administrator for the region to address concerns raised by the public and improve the consideration of public comments in decision-making processes; and

“(3) be consulted on proposed changes in aircraft operations affecting the region, including arrival and departure routes, in order to minimize environmental impacts, including noise.”

Federal Aviation Administration Performance Measures and TargetsPub. L. 115–254, div. B, title V, § 558, Oct. 5, 2018, 132 Stat. 3383, provided that:
“(a) Performance Measures.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish performance measures relating to the management of the [Federal Aviation] Administration, which shall, at a minimum, include measures to assess—“(1) the timely and cost-effective completion of projects; and

“(2) the effectiveness of the Administration in achieving the goals described in section 47171 of title 49, United States Code.

“(b) Performance Targets.—Not later than 180 days after the date on which the Secretary establishes performance measures in accordance with subsection (a), the Secretary shall establish performance targets relating to each of the measures described in that subsection.

“(c) Report.—Not later than 2 years after the date of enactment of this Act, the inspector general of the Department of Transportation shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report describing the progress of the Secretary in meeting the performance targets established under subsection (b).”

Assistant Administrator for Research and DevelopmentPub. L. 115–254, div. B, title VII, § 711, Oct. 5, 2018, 132 Stat. 3410, provided that:
“(a) Appointment.—Not later than 3 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall appoint an Assistant Administrator for Research and Development.

“(b) Responsibilities.—The Assistant Administrator for Research and Development shall, at a minimum, be responsible for—“(1) management and oversight of all the FAA’s [Federal Aviation Administration’s] research and development programs and activities; and

“(2) production of all congressional reports from the FAA relevant to research and development, including the national aviation research plan required under section 44501(c) of title 49, United States Code.

“(c) Dual Appointment.—The Assistant Administrator for Research and Development may be a dual-appointment, holding the responsibilities of another Assistant Administrator.”

Educational RequirementsPub. L. 112–95, title II, § 223, Feb. 14, 2012, 126 Stat. 55, provided that: “The Administrator of the Federal Aviation Administration shall make payments to the Department of Defense for the education of dependent children of those Administration employees in Puerto Rico and Guam as they are subject to transfer by policy and practice and meet the eligibility requirements of section 2164(c) of title 10, United States Code.”

FAA Review and ReformPub. L. 115–254, div. B, title V, § 511, Oct. 5, 2018, 132 Stat. 3356, provided that:
“(a) Agency Report.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a detailed analysis of any actions taken to address the findings and recommendations included in the report required under section 812(d) of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 106 note), including—“(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices;

“(2) eliminating or streamlining wasteful practices;

“(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions;

“(4) reforming and streamlining inefficient processes so that the activities of the Administration are completed in an expedited and efficient manner; and

“(5) reforming or eliminating ineffectual or outdated policies.

“(b) Additional Review.—Not later than 18 months after the date of enactment of this Act, the Administrator shall undertake and complete a thorough review of each program, office, and organization within the Administration to identify—“(1) duplicative positions, programs, roles, or offices;

“(2) wasteful practices;

“(3) redundant, obsolete, or unnecessary functions;

“(4) inefficient processes; and

“(5) ineffectual or outdated policies.

“(c) Actions To Streamline and Reform FAA.—Not later than 60 days after the date of completion of the review under subsection (b), the Administrator shall undertake such actions as may be necessary to address the findings of the Administrator under such subsection.

“(d) Report to Congress.—Not later than 120 days after the date of completion of the review under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the actions taken by the Administrator pursuant to subsection (c), including any recommendations for legislative or administrative actions.”

[For definitions of terms used in section 511 of Pub. L. 115–254, set out above, see sections 101 and 501 of Pub. L. 115–254, set out as notes under section 40101 of this title.]
Pub. L. 112–95, title VIII, § 812, Feb. 14, 2012, 126 Stat. 124, provided that:
“(a) Agency Review.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall undertake a thorough review of each program, office, and organization within the Administration, including the Air Traffic Organization, to identify—“(1) duplicative positions, programs, roles, or offices;

“(2) wasteful practices;

“(3) redundant, obsolete, or unnecessary functions;

“(4) inefficient processes; and

“(5) ineffectual or outdated policies.

“(b) Actions To Streamline and Reform FAA.—Not later than 120 days after the date of enactment of this Act, the Administrator shall undertake such actions as may be necessary to address the Administrator’s findings under subsection (a), including—“(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices;

“(2) eliminating or streamlining wasteful practices;

“(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions;

“(4) reforming and streamlining inefficient processes so that the activities of the Administration are completed in an expedited and efficient manner; and

“(5) reforming or eliminating ineffectual or outdated policies.

“(c) Authority.—Notwithstanding any other provision of law, the Administrator shall have the authority to undertake the actions required under subsection (b).

“(d) Report to Congress.—Not later than 150 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the actions taken by the Administrator under this section, including any recommendations for legislative or administrative actions.”

Orphan Aviation EarmarksPub. L. 112–95, title VIII, § 825, Feb. 14, 2012, 126 Stat. 131, provided that:
“(a) Earmark Defined.—In this section, the term ‘earmark’ means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate, or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, or other expenditure with or to an entity or a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.

“(b) Rescission.—If any earmark relating to the Federal Aviation Administration has more than 90 percent of applicable appropriated amounts remaining available for obligation at the end of the 9th fiscal year beginning after the fiscal year in which those amounts were appropriated, the unobligated portion of those amounts is rescinded effective at the end of that 9th fiscal year, except that the Administrator of the Federal Aviation Administration may delay any such rescission if the Administrator determines that an obligation with respect to those amounts is likely to occur during the 12-month period beginning on the last day of that 9th fiscal year.

“(c) Identification and Report.—“(1) Agency identification.—At the end of each fiscal year, the Administrator shall identify and report to the Director of the Office of Management and Budget every earmark related to the Administration and with respect to which there is an unobligated balance of appropriated amounts.

“(2) Annual report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, the Director shall submit to Congress and make available to the public on the Internet Web site of the Office a report that includes—“(A) a listing of each earmark related to the Administration and with respect to which there is an unobligated balance of appropriated amounts, which shall include the amount of the original earmark, the amount of the unobligated balance related to that earmark, and the date on which the funding expires, if applicable;

“(B) the number of rescissions under subsection (b) and the savings resulting from those rescissions for the previous fiscal year; and

“(C) a listing of earmarks related to the Administration with amounts scheduled for rescission at the end of the current fiscal year.”

Federal Aviation Administration Science and Technology Scholarship ProgramPub. L. 108–176, title VII, § 702, Dec. 12, 2003, 117 Stat. 2576, provided that:
“(a)(1) The Administrator of the Federal Aviation Administration shall establish a Federal Aviation Administration Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Federal Aviation Administration.

“(2) Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, 1885b].

“(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Federal Aviation Administration, for the period described in subsection (f)(1), in positions needed by the Federal Aviation Administration and for which the individuals are qualified, in exchange for receiving a scholarship.

“(b) In order to be eligible to participate in the Program, an individual must—“(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education, as a junior or senior undergraduate or graduate student, in an academic field or discipline described in the list made available under subsection (d);

“(2) be a United States citizen or permanent resident; and

“(3) at the time of the initial scholarship award, not be an employee (as defined in section 2105 of title 5, United States Code).

“(c) An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require.

“(d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized and shall update the list as necessary.

“(e)(1) The Administrator may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d).

“(2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator grants a waiver.

“(3) The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance.

“(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation.

“(5) The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided.

“(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Federal Aviation Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided.

“(2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided.

“(B) The Administrator may defer the obligation of an individual to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation.

“(g)(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Administrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation.

“(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to—“(A) the total amount of scholarships received by such individual under this section; plus

“(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States,

multiplied by 3.

“(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual.

“(2) The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government.

“(i) For purposes of this section—“(1) the term ‘cost of attendance’ has the meaning given that term in section 472 of the Higher Education Act of 1965 [20 U.S.C. 1087ll];

“(2) the term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 [20 U.S.C. 1001(a)]; and

“(3) the term ‘Program’ means the Federal Aviation Administration Science and Technology Scholarship Program established under this section.

“(j)(1) There is authorized to be appropriated to the Federal Aviation Administration for the Program $10,000,000 for each fiscal year.

“(2) Amounts appropriated under this section shall remain available for 2 fiscal years.

“(k) The Administrator may provide temporary internships to full-time students enrolled in an undergraduate or post-graduate program leading to an advanced degree in an aerospace-related or aviation safety-related field of endeavor.”

Internet Availability of InformationPub. L. 106–181, title IX, § 903, Apr. 5, 2000, 114 Stat. 196, provided that: “The Administrator [of the Federal Aviation Administration] shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act [see Tables for classification]. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.”

FindingsPub. L. 104–264, title II, § 221, Oct. 9, 1996, 110 Stat. 3227, provided that:
“Congress finds the following:
“(1) In many respects the Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry.

“(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Administration’s services.

“(3) The Administration must become a more efficient, effective, and different organization to meet future challenges.

“(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration’s future budget needs.

“(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which such funds were collected.

“(6) The aviation community and the employees of the Administration must come together to improve the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity.

“(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met.

“(8) Absent significant and meaningful reform, future challenges and needs cannot be met.

“(9) The Administration must have a new way of doing business.

“(10) There is widespread agreement within government and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade.

“(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment.

“(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure.

“(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation’s airports.

“(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Administration.

“(15) The existing budget system does not allow for long-term planning or timely acquisition of technology by the Administration.

“(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur.

“(17) All reforms should be designed to help the Administration become more responsive to the needs of its customers and maintain the highest standards of safety.”

PurposesPub. L. 104–264, title II, § 222, Oct. 9, 1996, 110 Stat. 3229, provided that:
“The purposes of this title [see Effective Date of 1996 Amendment note set out above] are—
“(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication;

“(2) to permit the Administration, with Congressional review, to establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;

“(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and

“(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the traveling public.”

Preservation of Existing AuthorityPub. L. 104–264, title II, § 223(b), Oct. 9, 1996, 110 Stat. 3230, provided that: “Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996].”

Personnel Management System for Federal Aviation AdministrationPub. L. 104–50, title III, § 347, Nov. 15, 1995, 109 Stat. 460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 105–339, § 5, Oct. 31, 1998, 112 Stat. 3187, which required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, a personnel management system, exempt from most provisions of Title 5, Government Organization and Employees, to provide for greater flexibility in the hiring, training, compensation, and location of personnel, was repealed by Pub. L. 106–181, title III, § 307(d), Apr. 5, 2000, 114 Stat. 126.

Dependents of Federal Aviation Administration PersonnelPub. L. 106–346, § 101(a) [title III, § 303], Oct. 23, 2000, 114 Stat. 1356, 1356A–23, as amended by Pub. L. 114–95, title IX, § 9215(x), Dec. 10, 2015, 129 Stat. 2172, provided that: “Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.], for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.”

Similar provisions were contained in the following prior appropriation acts:
Pub. L. 106–69, title III, § 303, Oct. 9, 1999, 113 Stat. 1015.
Pub. L. 105–277, div. A, § 101(g) [title III, § 303], Oct. 21, 1998, 112 Stat. 2681–439, 2681–464.
Pub. L. 105–66, title III, § 303, Oct. 27, 1997, 111 Stat. 1441.
Pub. L. 104–205, title III, § 303, Sept. 30, 1996, 110 Stat. 2968.
Pub. L. 104–50, title III, § 303, Nov. 15, 1995, 109 Stat. 453.
Pub. L. 103–331, title III, § 303, Sept. 30, 1994, 108 Stat. 2488.
Pub. L. 103–122, title III, § 303, Oct. 27, 1993, 107 Stat. 1219.
Pub. L. 102–388, title III, § 303, Oct. 6, 1992, 106 Stat. 1543.
Pub. L. 102–143, title III, § 303, Oct. 28, 1991, 105 Stat. 939.
Pub. L. 101–516, title III, § 303, Nov. 5, 1990, 104 Stat. 2178.
Pub. L. 101–164, title III, § 303, Nov. 21, 1989, 103 Stat. 1091.
Pub. L. 100–457, title III, § 303, Sept. 30, 1988, 102 Stat. 2146.
Pub. L. 100–202, § 101(l) [title III, § 303], Dec. 22, 1987, 101 Stat. 1329–358, 1329–377.
Pub. L. 99–500, § 101(l) [H.R. 5205, title III, § 303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, § 101(e) [title III, § 303], Dec. 19, 1985, 99 Stat. 1267, 1284.
Pub. L. 98–473, title I, § 101(i) [title III, § 303], Oct. 12, 1984, 98 Stat. 1944, 1961.
Pub. L. 98–78, title III, § 303, Aug. 15, 1983, 97 Stat. 470.
Pub. L. 97–369, title III, § 306, Dec. 18, 1982, 96 Stat. 1781.
Pub. L. 97–102, title III, § 306, Dec. 23, 1981, 95 Stat. 1458.
Pub. L. 96–400, title III, § 306, Oct. 9, 1980, 94 Stat. 1695.
Pub. L. 96–131, title III, § 307, Nov. 30, 1979, 93 Stat. 1037.
Pub. L. 95–335, title III, § 310, Aug. 4, 1978, 92 Stat. 448.
Pub. L. 95–85, title III, § 310, Aug. 2, 1977, 91 Stat. 416.
Pub. L. 94–387, title III, § 312, Aug. 14, 1976, 90 Stat. 1185.
Pub. L. 94–134, title III, § 310, Nov. 24, 1975, 89 Stat. 711.
Pub. L. 93–391, title III, § 311, Aug. 28, 1974, 88 Stat. 780.
Pub. L. 93–98, title III, § 313, Aug. 16, 1973, 87 Stat. 340.
Pub. L. 92–398, title III, § 313, Aug. 22, 1972, 86 Stat. 591.
Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.
Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.
Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.
Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.
Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.
Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.
Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.
Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.
Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.
Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.
Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.
Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.
Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.
Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.

Aviation Safety CommissionPub. L. 99–500, title V, §§ 501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783–373, and Pub. L. 99–591, title V, §§ 501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most efficiently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986.

Appointment of Retired Military Officer as AdministratorPub. L. 102–308, June 26, 1992, 106 Stat. 273, provided:
“That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards’ appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code.
“Sec. 2. In the performance of his duties as Administrator of the Federal Aviation Administration, General Richards shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other than would be operative with respect to him if he were not an officer on the retired list of the United States Air Force.

“Sec. 3. Nothing in this Act shall be construed as approval by the Congress of any future appointments of military persons to the Office of Administrator of the Federal Aviation Administration.”

Prior provisions authorizing the appointment of a retired military officer as Administrator were contained in the following acts:
Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678.
Pub. L. 101–47, June 30, 1989, 103 Stat. 134.
Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125.
Pub. L. 89–46, June 22, 1965, 79 Stat. 171.

Ex. Ord. No. 13180. Air Traffic Performance-Based Organization
Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation’s air transportation system, it is hereby ordered as follows:
Section 1. Establishment of the Air Traffic Organization. (a) The Secretary of Transportation (Secretary) shall, consistent with his legal authorities, move to establish within the Federal Aviation Administration (FAA) a performance-based organization to be known as the “Air Traffic Organization” (ATO).
(b) The ATO shall be composed of those elements of the FAA’s Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator’s responsibility for general safety, security, and policymaking functions for the National Airspace System is unaffected by this order.
(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106–181) [see Short Title of 2000 Amendments note set out under section 40101 of this title], shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the COO’s performance in relation to the targets and goals described above.
(d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system’s safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole.
(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of the FAA.
Sec. 2. Purpose. The FAA’s primary mission is to ensure the safety, security, and efficiency of the National Airspace System. The purpose of this order is to enhance that mission and further improve the delivery of air traffic services to the American public by reorganizing the FAA’s air traffic services and related offices into a performance-based, results-oriented, organization. The ATO will be better able to make use of the unique procurement and personnel authorities that the FAA currently has and to better use the additional management reforms enacted by the Congress this year under Air-21. Specifically, the ATO shall:
(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system;
(b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control;
(c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide;
(d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings;
(e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA’s external customer needs;
(f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System;
(g) establish strong incentives to managers for achieving results; and
(h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its performance goals.
Sec. 3. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of the Aviation Management Advisory Committee shall provide, consistent with its responsibilities under Air-21, general oversight to ATO regarding the administration, management, conduct, direction, and supervision of the air traffic control system.
Sec. 4. Evaluation and Report. Not later than 5 years after the date of this order, the Aviation Management Advisory Committee shall provide to the Secretary and the Administrator a report on the operation and effectiveness of the ATO, together with any recommendations for management, fiscal, or legislative changes to enable the organization to achieve its goals.
Sec. 5. Definitions. The term “air traffic control system” has the same meaning as the term defined by section 40102(a)(42) [now 40102(a)(47)] of title 49, United States Code.
Sec. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

Definitions for Title II of Pub. L. 104–264
Pub. L. 104–264, title II, § 202, Oct. 9, 1996, 110 Stat. 3227, provided that:
“In this title [see Effective Date of 1996 Amendment note set out above], the following definitions apply:
“(1) Administration.—The term ‘Administration’ means the Federal Aviation Administration.

“(2) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.

“(3) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.”

§ 107. Federal Transit Administration(a) The Federal Transit Administration is an administration in the Department of Transportation.

(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.

(c) The Administrator shall carry out duties and powers prescribed by the Secretary.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

10749:1608 (note).Reorg. Plan No. 2 of 1968, eff. July 1, 1968, § 3, 82 Stat. 1369.

In subsection (b), the words “and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)” are omitted as surplus because of 5:5314.

Amendments1991—Pub. L. 102–240 substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in section catchline and subsec. (a).

Change of Name
Pub. L. 102–240, title III, § 3004(a), (b), Dec. 18, 1991, 105 Stat. 2088, provided that:
“(a) Redesignation of UMTA.—The Urban Mass Transportation Administration of the Department of Transportation shall be known and designated as the ‘Federal Transit Administration’.

“(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed to be a reference to the ‘Federal Transit Administration’.”

§ 108. Pipeline and Hazardous Materials Safety Administration(a) In General.—The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.

(b) Safety as Highest Priority.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.

(c) Administrator.—The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.

(d) Deputy Administrator.—The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(e) Chief Safety Officer.—The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.

(f) Duties and Powers of the Administrator.—The Administrator shall carry out—(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and

(2) other duties and powers prescribed by the Secretary.

(g) Limitation.—A duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108–426, § 2(a), Nov. 30, 2004, 118 Stat. 2423.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

108(a)49:1655(b)(1), (2).Oct. 15, 1966, Pub. L. 89–670, §§ 3(e)(3) (related to USCG), 6(b)(1), (2), 80 Stat. 932, 938.
108(b)49:1652(e)(3) (related to USCG).

Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words “Except when operating as a service of the Navy” are substituted for 49:1655(b)(2) because of 14:3. The words “The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967” are substituted for “and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury” to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931).
In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words “carrying out the duties and powers specified by law” are substituted for “such functions, powers, and duties as are specified in this chapter to be carried out”, and the words “carry out duties and powers prescribed” are substituted for “carry out such additional functions, powers, and duties as”, for consistency.

Pub. L. 103–272Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.

Amendments2004—Pub. L. 108–426 amended section catchline and text generally, substituting provisions relating to Pipeline and Hazardous Materials Safety Administration for provisions relating to Coast Guard.
1994—Subsec. (a). Pub. L. 103–272 designated existing provisions as par. (1), substituted “The Coast Guard” for “Except when operating as a service in the Navy, the Coast Guard”, and added par. (2).

Savings ProvisionsPub. L. 108–426, § 5, Nov. 30, 2004, 118 Stat. 2426, as amended by Pub. L. 110–244, title III, § 302(h), June 6, 2008, 122 Stat. 1618, provided that:
“(a) Transfer of Assets and Personnel.—Personnel, property, and records employed, used, held, available, or to be made available in connection with functions transferred within the Department of Transportation by this Act [see Short Title of 2004 Amendment note set out under section 101 of this title] shall be transferred for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds (including funds of any predecessor entity) shall also be transferred accordingly.

“(b) Legal Documents.—All orders (including delegations by the Secretary of Transportation), determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges—“(1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and

“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law.

“(c) Proceedings.—The provisions of this Act shall not affect any proceedings, including administrative enforcement actions, pending before this Act takes effect, insofar as those functions are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall proceed in accordance with applicable law and regulations. Nothing in this subsection shall be deemed to prohibit the conclusion or modification of any proceeding described in this subsection under the same terms and conditions and to the same extent that such proceeding could have been concluded or modified if this Act had not been enacted. The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings.

“(d) Suits.—“(1) In general.—This Act shall not affect suits commenced before the date of enactment of this Act [Nov. 30, 2004], except as provided in paragraphs (2) and (3). In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

“(2) Suits by or against department.—Any suit by or against the Department begun before the date of enactment of this Act, shall proceed in accordance with applicable law and regulations, insofar as it involves a function retained and transferred under this Act.

“(3) Procedures for remanded cases.—If the court in a suit described in paragraph (1) remands a case, subsequent proceedings related to such case shall proceed under procedures that are in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.

“(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his or her official capacity shall abate by reason of the enactment of this Act.

“(f) Exercise of Authorities.—An officer or employee of the Department, for purposes of performing a function transferred by this Act, may exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function by this Act.

“(g) References.—A reference relating to an agency, officer, or employee affected by this Act in any Federal law, Executive order, rule, regulation, or delegation of authority, or in any document pertaining to an officer or employee, is deemed to refer, as appropriate, to the agency, officer, or employee who succeeds to the functions transferred by this Act.

“(h) Definition.—In this section, the term ‘this Act’ includes the amendments made by this Act.”

Workforce ManagementPub. L. 114–183, § 9, June 22, 2016, 130 Stat. 520, provided that:
“(a) Review.—Not later than 1 year after the date of the enactment of this Act [June 22, 2016], the Inspector General of the Department of Transportation shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a review of Pipeline and Hazardous Materials Safety Administration staff resource management, including—“(1) geographic allocation plans, hiring and time-to-hire challenges, and expected retirement rates and recruitment and retention strategies;

“(2) an identification and description of any previous periods of macroeconomic and pipeline industry conditions under which the Pipeline and Hazardous Materials Safety Administration has encountered difficulty in filling vacancies, and the degree to which special hiring authorities, including direct hiring authority authorized by the Office of Personnel Management, could have ameliorated such difficulty; and

“(3) recommendations to address hiring challenges, training needs, and any other identified staff resource challenges.

“(b) Direct Hiring.—Upon identification of a period described in subsection (a)(2), the Administrator of the Pipeline and Hazardous Materials Safety Administration may apply to the Office of Personnel Management for the authority to appoint qualified candidates to any position relating to pipeline safety, as determined by the Administrator, without regard to sections 3309 through 3319 of title 5, United States Code.

“(c) Savings Clause.—Nothing in this section shall preclude the Administrator of the Pipeline and Hazardous Materials Safety Administration from applying to the Office of Personnel Management for the authority described in subsection (b) prior to the completion of the report required under subsection (a).”

Transfer of Duties and Powers of Research and Special Programs AdministrationPub. L. 108–426, § 2(b), Nov. 30, 2004, 118 Stat. 2424, provided that: “The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration.”

For transfer of authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108–426, set out as a note under former section 112 of this title.
Pub. L. 108–426, § 7, Nov. 30, 2004, 118 Stat. 2428, provided that: “The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004].”

ReportsPub. L. 108–426, § 6, Nov. 30, 2004, 118 Stat. 2428, provided that:
“(a) Reports by the Inspector General.—Not later than 30 days after the date of enactment of this Act [Nov. 30, 2004], the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration a report containing the following:“(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented.

“(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety.

“(b) Reports by the Secretary.—“(1) Statutory mandates.—Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates.

“(2) NTSB and inspector general recommendations.—Not later than January 1st of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing each recommendation referred to in subsection (a)(2) and a copy of the Department of Transportation response to each such recommendation.”

§ 109. Maritime Administration(a) Organization and Mission.—The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.

(b) Maritime Administrator.—The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.

(c) Deputy Maritime Administrator.—The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.

(d) Duties and Powers Vested in Secretary.—All duties and powers of the Maritime Administration are vested in the Secretary.

(e) Regional Offices.—The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.

(f) Interagency and Industry Relations.—The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.

(g) Detailing Officers From Armed Forces.—To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer’s pay and allowances as an officer in the armed forces, makes the officer’s total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.

(h) Contracts, Cooperative Agreements, and Audits.—(1) Contracts and cooperative agreements.—In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to—(A) carry out the Secretary’s duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and

(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.

(2) Audits.—The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.

(i) Grant Administrative Expenses.—Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.

(j) Authorization of Appropriations.—(1) In general.—Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.

(2) Limitations.—Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—(A) acquisition, construction, or reconstruction of vessels;

(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;

(C) costs of national defense features;

(D) payments of obligations incurred for operating-differential subsidies;

(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;

(F) the Vessel Operations Revolving Fund;

(G) National Defense Reserve Fleet expenses;

(H) expenses necessary to carry out part B of subtitle V of title 46; and

(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, § 12, Oct. 6, 2006, 120 Stat. 1698; Pub. L. 111–84, div. C, title XXXV, § 3508, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, § 1075(d)(26), Jan. 7, 2011, 124 Stat. 4374; Pub. L. 112–213, title IV, § 409, Dec. 20, 2012, 126 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3505(g), Dec. 23, 2016, 130 Stat. 2776.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

109(no source).

The section is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.

Pub. L. 109–304

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

109(a)46 App.:1111 note.Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 201, 64 Stat. 1276.
 46 App.:1601.Pub. L. 97–31, § 2, Aug. 6, 1981, 95 Stat. 151.
109(b)46 App.:1111 note.Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 201, 75 Stat. 842; Pub. L. 88–426, title III, § 305(19)(B), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–469, § 38(a), Oct. 21, 1970, 84 Stat. 1036.
 46 App.:1603.Pub. L. 97–31, § 4, Aug. 6, 1981, 95 Stat. 151.
109(c)46 App.:1111 note.Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 203, 64 Stat. 1276.
109(d)46 App.:1111 note.Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 204, 64 Stat. 1276.
 46 App.:1602.Pub. L. 97–31, § 3, Aug. 6, 1981, 95 Stat. 151.
109(e)46 App.:1213(b).June 29, 1936, ch. 858, title VIII, § 809(b), as added Pub. L. 94–10, § 3, Mar. 23, 1975, 89 Stat. 16; Pub. L. 97–31, § 12(121), Aug. 6, 1981, 95 Stat. 164.
109(f)46 App.:1122(d).June 29, 1936, ch. 858, title II, § 212(d), 49 Stat. 1990; Pub. L. 97–31, § 12(69), Aug. 6, 1981, 95 Stat. 159.
109(g)46 App.:1111(f) (2d sentence related to Secretary).June 29, 1936, ch. 858, title II, § 201(f) (2d sentence related to Secretary), 49 Stat. 1986; Aug. 4, 1939, ch. 417, § 4, 53 Stat. 1182; Pub. L. 97–31, § 12(58)(D), Aug. 6, 1981, 95 Stat. 158.
109(h)46 App.:1117 (related to Secretary).June 29, 1936, ch. 858, title II, § 207 (related to Secretary), 49 Stat. 1988; June 23, 1938, ch. 600, § 2, 52 Stat. 954; Pub. L. 97–31, § 12(64), Aug. 6, 1981, 95 Stat. 159; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.
109(i)(1)46 App.:1119(a).June 29, 1936, ch. 858, title II, § 209, 49 Stat. 1988; Aug. 26, 1937, ch. 822, § 3, 50 Stat. 839; Pub. L. 90–81, Sept. 5, 1967, 81 Stat. 193; Pub. L. 91–469, § 2, Oct. 21, 1970, 84 Stat. 1018; Pub. L. 95–173, Nov. 12, 1977, § 6(a), 91 Stat. 1360; Pub. L. 96–387, § 4, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 96–453, § 3(a), Oct. 15, 1980, 94 Stat. 2008; Pub. L. 97–31, § 12(66), Aug. 6, 1981, 95 Stat. 159.
109(i)(2)46 App.:1119(b).
109(i)(3)46 App.:1295c–1.Pub. L. 100–202, § 101(a) [title V (4th proviso on p. 1329–28)], Dec. 22, 1987, 101 Stat. 1329, 1329–28.

In subsection (b), the words “The Assistant Secretary of Commerce for Maritime Affairs shall, ex officio, be the Administrator” in section 201 of Reorganization Plan No. 7 of 1961 are omitted as superseded by 46 App. U.S.C. 1601 and 1603. The words “and who shall be compensated at the rate provided for level III of the Executive Schedule” in 46 App. U.S.C. 1603 are omitted as unnecessary because of 5 U.S.C. 5314.
In subsection (c), the word “Secretary” means the “Secretary of Transportation” because under 46 App. U.S.C. 1602 all functions, powers, and duties relating to the Maritime Administration were transferred from the Secretary of Commerce to the Secretary of Transportation. The words “in the competitive service” are substituted for “under the classified civil service” because of 5 U.S.C. 2102(c). The words “Provided, That such Deputy Administrator shall at no time sit as a member or acting member of the Federal Maritime Board” are omitted as obsolete because the Federal Maritime Board was abolished by section 304 of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note).
In subsection (f), the words “vessels of the United States” are substituted for “vessels of United States registry” because of the definition of “vessel of the United States” in chapter 1 of the revised title.
In subsection (g), the words “equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility” are substituted for “equal to the pay and allowances he would receive if he were the incumbent of an office or position in such service (or in the corresponding executive department), which, in the opinion of . . . the Secretary of Transportation, involves the performance of work similar in importance, difficulty, and responsibility” to eliminate unnecessary words.
In subsection (h)(2), the words “according to approved commercial practice as provided in the Act of March 20, 1922 (42 Stat. 444)” are omitted as obsolete and unnecessary.
In subsection (i)(2), the words “Notwithstanding any other provision of this chapter or any other law” are omitted as unnecessary. In clause (G), the words “National Defense Reserve Fleet” are substituted for “reserve fleet” for clarity. Clause (H) is substituted for “(7) maritime training at the Merchant Marine Academy at Kings Point, New York”, “(8) financial assistance to State maritime academies under section 1295c of this Appendix”, “(10) expenses necessary for additional training provided under section 1295d of this Appendix”, and “(10) expenses necessary to carry out subchapter XIII of this chapter” because of the reorganization of revised title 46 and to eliminate unnecessary words. The text of 46 App. U.S.C. 1119 (proviso) is omitted as obsolete.

Amendments2016—Subsec. (j)(3). Pub. L. 114–328 struck out par. (3). Text read as follows: “Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.”
2012—Subsec. (a). Pub. L. 112–213 substituted “Organization and Mission” for “Organization” in heading and inserted at end of text “The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.”
2011—Subsec. (h). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 111–84, § 3508(1). See 2009 Amendment note below.
2009—Subsec. (h). Pub. L. 111–84, § 3508(1), as amended by Pub. L. 111–383, substituted “Contracts, Cooperative Agreements, and Audits” for “Contracts and Audits” in heading.
Subsec. (h)(1). Pub. L. 111–84, § 3508(2), (3), substituted “Contracts and cooperative agreements” for “Contracts” in heading and “make contracts and cooperative agreements” for “make contracts” in introductory provisions.
Subsec. (h)(1)(A). Pub. L. 111–84, § 3508(4), (5), substituted “section,” for “section and” and “title 46, and all other Maritime Administration programs;” for “title 46;”.
Subsecs. (i), (j). Pub. L. 111–84, § 3508(6), added subsec. (i) and redesignated former subsec. (i) as (j).
2006—Pub. L. 109–304 amended section generally. Prior to amendment, section read as follows:
“(a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in the Department of Transportation.
“(b) The Administrator of the Administration appointed under section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports directly to the Secretary of Transportation.”
1994—Pub. L. 103–272 inserted “App.” after “(46” in subsecs. (a) and (b).

Effective Date of 2011 AmendmentPub. L. 111–383, div. A, title X, § 1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(26) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111–84 as enacted.

References in Other Federal Laws to Functions or Offices TransferredPub. L. 97–31, § 10, Aug. 6, 1981, 95 Stat. 153, provided that: “With respect to any function or office transferred by this Act [see Tables for classification] and exercised on or after the effective date of this Act [Aug. 6, 1981], reference in any other Federal law to the Maritime Administration or any of its predecessor agencies or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary of Transportation, other official, or component of the Department of Transportation to which this Act transfers such functions.”

Workforce Plans and Onboarding PoliciesPub. L. 114–328, div. C, title XXXV, § 3519, Dec. 23, 2016, 130 Stat. 2792, provided that:
“(a) Workforce Plans.—Not later than 9 months after the date of the enactment of this Act [Dec. 23, 2016], the Maritime Administrator shall review the Maritime Administration’s workforce plans, including its Strategic Human Capital Plan and Leadership Succession Plan, and fully implement competency models for mission-critical occupations, including—“(1) leadership positions;

“(2) human resources positions; and

“(3) transportation specialist positions.

“(b) Onboarding Policies.—Not later than 9 months after the date of the enactment of this Act, the Maritime Administrator shall—“(1) review the Maritime Administration’s policies related to new hire orientation, training, and misconduct;

“(2) align the onboarding policies and procedures at headquarters and the field offices to ensure consistent implementation and provision of critical information across the Maritime Administration; and

“(3) update the Maritime Administration’s training policies and training systems to include controls that ensure that all completed training is tracked in a standardized training repository.

“(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that describes the Maritime Administration’s compliance with the requirements under this section.”

Drug and Alcohol PolicyPub. L. 114–328, div. C, title XXXV, § 3520, Dec. 23, 2016, 130 Stat. 2792, provided that:
“(a) Review.—Not later than 9 months after the date of the enactment of this Act [Dec. 23, 2016], the Maritime Administrator shall—“(1) review the Maritime Administration’s drug and alcohol policies, procedures, and training practices;

“(2) ensure that all fleet managers have received training on the Department of Transportation’s drug and alcohol policy, including the testing procedures used by the Department and the Maritime Administration in cases of reasonable suspicion; and

“(3) institute a system for tracking all drug and alcohol policy training conducted under paragraph (2) in a standardized training repository.

“(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that describes the Maritime Administration’s compliance with the requirements under this section.”

Expansion of the Marine View SystemPub. L. 111–84, div. C, title XXXV, § 3516, Oct. 28, 2009, 123 Stat. 2725, provided that:
“(a) Definitions.—In this section:“(1) Marine transportation system.—The term ‘marine transportation system’ means the navigable water transportation system of the United States, including the vessels, ports (and intermodal connections thereto), and shipyards and other vessel repair facilities that are components of that system.

“(2) Marine view system.—The term ‘Marine View system’ means the information system of the Maritime Administration known as Marine View.

“(b) Purposes.—The purposes of this section are—“(1) to expand the Marine View system; and

“(2) to provide support for the strategic requirements of the marine transportation system and its contribution to the economic viability of the United States.

“(c) Expansion of Marine View System.—To accomplish the purposes of this section, the Secretary of Transportation shall expand the Marine View system so that such system is able to identify, collect, integrate, secure, protect, store, and securely distribute throughout the marine transportation system information that—“(1) provides access to many disparate marine transportation system data sources;

“(2) enables a system-wide view of the marine transportation system;

“(3) fosters partnerships between the Government of the United States and private entities;

“(4) facilitates accurate and efficient modeling of the entire marine transportation system environment;

“(5) monitors and tracks threats to the marine transportation system, including areas of severe weather or reported piracy; and

“(6) provides vessel tracking and rerouting, as appropriate, to ensure that the economic viability of the United States waterways is maintained.”

§ 110. Great Lakes St. Lawrence Seaway Development Corporation(a) The Great Lakes St. Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.

(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, § 4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116–260, div. AA, title V, § 512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

110(a)(no source).
110(b)33:981 (note).Oct. 15, 1966, Pub. L. 89–670, § 8(g)(2), 80 Stat. 943.

Subsection (a) is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.

Amendments2020—Pub. L. 116–260, § 512(c)(7)(A)(i)(I), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in section catchline.
Subsec. (a). Pub. L. 116–260, § 512(c)(7)(A)(i)(II), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”.
1994—Subsec. (a). Pub. L. 103–272 substituted “Saint Lawrence” for “St. Lawrence”.

[§ 111. Repealed. Pub. L. 112–141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895]

Section, added Pub. L. 102–240, title VI, § 6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104–287, § 5(2), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, established the Bureau of Transportation Statistics. See chapter 63 of this title.

Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

[§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]

Section, added Pub. L. 102–508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to establishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. See Transfer of Duties and Powers note below.

Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

Transfer of Duties and PowersPub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: “That notwithstanding any other provision of law, the powers and duties, functions, authorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided further, That notwithstanding section 102 of title 49 and section 5315 of title 5, United States Code, there shall be an Assistant Secretary for Research and Technology within the Office of the Secretary, appointed by the President with the advice and consent of the Senate, to lead such office: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.”

[Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1824, provided in part: “That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.”
]
[Similar provisions were contained in the following prior appropriations acts:
[Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2934.]
[Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 396.]
[Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 972.]
[Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 725.]
[Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2835.]
[Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696.]
Pub. L. 108–426, § 4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: “The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration.”

For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.

§ 113. Federal Motor Carrier Safety Administration(a) In General.—The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation.

(b) Safety as Highest Priority.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation.

(c) Administrator.—The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation.

(d) Deputy Administrator.—The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(e) Chief Safety Officer.—The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.

(f) Powers and Duties.—The Administrator shall carry out—(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and

(2) additional duties and powers prescribed by the Secretary.

(g) Limitation on Transfer of Powers and Duties.—A duty or power specified in subsection (f)(1) may only be transferred to another part of the Department when specifically provided by law.

(h) Effect of Certain Decisions.—A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving notice and hearing required by law is administratively final.

(i) Consultation.—The Administrator shall consult with the Federal Highway Administrator and with the National Highway Traffic Safety Administrator on matters related to highway and motor carrier safety.

(Added Pub. L. 106–159, title I, § 101(a), Dec. 9, 1999, 113 Stat. 1750.)

Effective DateSection effective Jan. 1, 2000, see section 107(a) of Pub. L. 106–159, set out as an Effective Date of 1999 Amendment note under section 104 of this title.

GuidancePub. L. 114–94, div. A, title V, § 5203, Dec. 4, 2015, 129 Stat. 1535, provided that:
“(a) In General.—“(1) Date of issuance and point of contact.—Each guidance document issued by the Federal Motor Carrier Safety Administration shall have a date of issuance or a date of revision, as applicable, and shall include the name and contact information of a point of contact at the Administration who can respond to questions regarding the guidance.

“(2) Public accessibility.—“(A) In general.—Each guidance document issued or revised by the Federal Motor Carrier Safety Administration shall be published on a publicly accessible Internet Web site of the Department [of Transportation] on the date of issuance or revision.

“(B) Redaction.—The Administrator of the Federal Motor Carrier Safety Administration may redact from a guidance document published under subparagraph (A) any information that would reveal investigative techniques that would compromise Administration enforcement efforts.

“(3) Incorporation into regulations.—Not later than 5 years after the date on which a guidance document is published under paragraph (2) or during an applicable review under subsection (c), whichever is earlier, the Secretary [of Transportation] shall revise regulations to incorporate the guidance document to the extent practicable.

“(4) Reissuance.—If a guidance document is not incorporated into regulations in accordance with paragraph (3), the Administrator shall—“(A) reissue an updated version of the guidance document; and

“(B) review and reissue an updated version of the guidance document every 5 years until the date on which the guidance document is removed or incorporated into applicable regulations.

“(b) Initial Review.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Administrator shall review all guidance documents issued by the Federal Motor Carrier Safety Administration and in effect on such date of enactment to ensure that such documents are current, are readily accessible to the public, and meet the standards specified in subparagraphs (A), (B), and (C) of subsection (c)(1).

“(c) Regular Review.—“(1) In general.—Subject to paragraph (2), not less than once every 5 years, the Administrator shall conduct a comprehensive review of the guidance documents issued by the Federal Motor Carrier Safety Administration to determine whether such documents are—“(A) consistent and clear;

“(B) uniformly and consistently enforced; and

“(C) still necessary.

“(2) Notice and comment.—Prior to beginning a review under paragraph (1), the Administrator shall publish in the Federal Register a notice and request for comment that solicits input from stakeholders on which guidance documents should be updated or eliminated.

“(3) Report.—“(A) In general.—Not later than 60 days after the date on which a review under paragraph (1) is completed, the Administrator shall publish on a publicly accessible Internet Web site of the Department a report detailing the review and a full inventory of the guidance documents of the Administration.

“(B) Contents.—A report under subparagraph (A) shall include a summary of the response of the Administration to comments received under paragraph (2).

“(d) Guidance Document Defined.—In this section, the term ‘guidance document’ means a document issued by the Federal Motor Carrier Safety Administration that—“(1) provides an interpretation of a regulation of the Administration; or

“(2) includes an enforcement policy of the Administration available to the public.”

PetitionsPub. L. 114–94, div. A, title V, § 5204, Dec. 4, 2015, 129 Stat. 1536, provided that:
“(a) In General.—The Administrator of the Federal Motor Carrier Safety Administration shall—“(1) publish on a publicly accessible Internet Web site of the Department [of Transportation] a summary of all petitions for regulatory action submitted to the Administration;

“(2) prioritize the petitions submitted based on the likelihood of safety improvements resulting from the regulatory action requested;

“(3) not later than 180 days after the date a summary of a petition is published under paragraph (1), formally respond to such petition by indicating whether the Administrator will accept, deny, or further review the petition;

“(4) prioritize responses to petitions consistent with a petition’s potential to reduce crashes, improve enforcement, and reduce unnecessary burdens; and

“(5) not later than 60 days after the date of receipt of a petition, publish on a publicly accessible Internet Web site of the Department an updated inventory of the petitions described in paragraph (1), including any applicable disposition information for those petitions.

“(b) Treatment of Multiple Petitions.—The Administrator may treat multiple similar petitions as a single petition for the purposes of subsection (a).

“(c) Petition Defined.—In this section, the term ‘petition’ means a request for—“(1) a new regulation;

“(2) a regulatory interpretation or clarification; or

“(3) a determination by the Administrator that a regulation should be modified or eliminated because it is—“(A) no longer—“(i) consistent and clear;

“(ii) current with the operational realities of the motor carrier industry; or

“(iii) uniformly enforced;

“(B) ineffective; or

“(C) overly burdensome.”

Prioritizing Statutory RulemakingsPub. L. 114–94, div. A, title V, § 5302, Dec. 4, 2015, 129 Stat. 1543, provided that: “The Administrator of the Federal Motor Carrier Safety Administration shall prioritize the completion of each outstanding rulemaking required by statute before beginning any other rulemaking, unless the Secretary [of Transportation] determines that there is a significant need for such other rulemaking and notifies Congress of such determination.”

FindingsPub. L. 106–159, § 3, Dec. 9, 1999, 113 Stat. 1749, provided that:
“Congress makes the following findings:
“(1) The current rate, number, and severity of crashes involving motor carriers in the United States are unacceptable.

“(2) The number of Federal and State commercial motor vehicle and operator inspections is insufficient and civil penalties for violators must be utilized to deter future violations.

“(3) The Department of Transportation is failing to meet statutorily mandated deadlines for completing rulemaking proceedings on motor carrier safety and, in some significant safety rulemaking proceedings, including driver hours-of-service regulations, extensive periods have elapsed without progress toward resolution or implementation.

“(4) Too few motor carriers undergo compliance reviews and the Department’s data bases and information systems require substantial improvement to enhance the Department’s ability to target inspection and enforcement resources toward the most serious safety problems and to improve States’ ability to keep dangerous drivers off the roads.

“(5) Additional safety inspectors and inspection facilities are needed in international border areas to ensure that commercial motor vehicles, drivers, and carriers comply with United States safety standards.

“(6) The Department should rigorously avoid conflicts of interest in federally funded research.

“(7) Meaningful measures to improve safety must be implemented expeditiously to prevent increases in motor carrier crashes, injuries, and fatalities.

“(8) Proper use of Federal resources is essential to the Department’s ability to improve its research, rulemaking, oversight, and enforcement activities related to commercial motor vehicles, operators, and carriers.”

PurposesPub. L. 106–159, § 4, Dec. 9, 1999, 113 Stat. 1749, provided that:
“The purposes of this Act [see Tables for classification] are—
“(1) to improve the administration of the Federal motor carrier safety program and to establish a Federal Motor Carrier Safety Administration in the Department of Transportation; and

“(2) to reduce the number and severity of large-truck involved crashes through more commercial motor vehicle and operator inspections and motor carrier compliance reviews, stronger enforcement measures against violators, expedited completion of rulemaking proceedings, scientifically sound research, and effective commercial driver’s license testing, recordkeeping and sanctions.”

Savings ProvisionPub. L. 106–159, title I, § 106, Dec. 9, 1999, 113 Stat. 1756, provided that:
“(a) Transfer of Assets and Personnel.—Except as otherwise provided in this Act [see Tables for classification] and the amendments made by this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Federal Motor Carrier Safety Administration by this Act shall be transferred to the Administration for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds of the Office of Motor Carrier Safety (including any predecessor entity) shall also be transferred to the Administration.

“(b) Legal Documents.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges—“(1) that have been issued, made, granted, or allowed to become effective by the Office, any officer or employee of the Office, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act or the amendments made by this Act; and

“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Administration, any other authorized official, a court of competent jurisdiction, or operation of law.

“(c) Proceedings.—“(1) In general.—The provisions of this Act shall not affect any proceedings or any application for any license pending before the Office at the time this Act takes effect [see Effective Date of 1999 Amendment note set out under section 104 of this title], insofar as those functions are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.

“(2) Statutory construction.—Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

“(3) Orderly transfer.—The Secretary is authorized to provide for the orderly transfer of pending proceedings from the Office.

“(d) Suits.—“(1) In general.—This Act shall not affect suits commenced before the date of the enactment of this Act [Dec. 9, 1999], except as provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

“(2) Suits by or against omcs.—Any suit by or against the Office begun before January 1, 2000, shall be continued, insofar as it involves a function retained and transferred under this Act, with the Administration (to the extent the suit involves functions transferred to the Administration under this Act) substituted for the Office.

“(3) Remanded cases.—If the court in a suit described in paragraph (1) remands a case to the Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.

“(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Office shall abate by reason of the enactment of this Act. No cause of action by or against the Office, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.

“(f) Exercise of Authorities.—Except as otherwise provided by law, an officer or employee of the Administration may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act or the amendments made by this Act.

“(g) References.—Any reference to the Office in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Office or an officer or employee of the Office is deemed to refer to the Administration or a member or employee of the Administration, as appropriate.”

§ 114. Transportation Security Administration(a) In General.—The Transportation Security Administration shall be an administration of the Department of Homeland Security.

(b) Leadership.—(1) Head of transportation security administration.—(A) Appointment.—The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.

(B) Qualifications.—The Administrator must—(i) be a citizen of the United States; and

(ii) have experience in a field directly related to transportation or security.

(C) Term.—Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.

(2) Deputy administrator.—(A) Appointment.—There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.

(B) Vacancy.—The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.

(C) Qualifications.—The Deputy Administrator must—(i) be a citizen of the United States; and

(ii) have experience in a field directly related to transportation or security.

(3) Chief counsel.—(A) Appointment.—There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration.

(B) Qualifications.—The Chief Counsel must be a citizen of the United States.

(c) Limitation on Ownership of Stocks and Bonds.—The Administrator may not own stock in or bonds of a transportation or security enterprise or an enterprise that makes equipment that could be used for security purposes.

(d) Functions.—The Administrator shall be responsible for security in all modes of transportation, including—(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and

(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.

(e) Screening Operations.—The Administrator shall—(1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935;

(2) develop standards for the hiring and retention of security screening personnel;

(3) train and test security screening personnel; and

(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments.

(f) Additional Duties and Powers.—In addition to carrying out the functions specified in subsections (d) and (e), the Administrator shall—(1) receive, assess, and distribute intelligence information related to transportation security;

(2) assess threats to transportation;

(3) develop policies, strategies, and plans for dealing with threats to transportation security;

(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government;

(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;

(6) 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;

(7) enforce security-related regulations and requirements;

(8) identify and undertake research and development activities necessary to enhance transportation security;

(9) inspect, maintain, and test security facilities, equipment, and systems;

(10) ensure the adequacy of security measures for the transportation of cargo;

(11) oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;

(12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel;

(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations;

(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation;

(15) establish and maintain a National Deployment Office as required under section 44948 of this title; and

(16) carry out such other duties, and exercise such other powers, relating to transportation security as the Administrator considers appropriate, to the extent authorized by law.

(g) National Emergency Responsibilities.—(1) In general.—Subject to the direction and control of the Secretary of Homeland Security, the Administrator, during a national emergency, shall have the following responsibilities:(A) To coordinate domestic transportation, including aviation, rail, and other surface transportation, and maritime transportation (including port security).

(B) To coordinate and oversee the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.

(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation.

(D) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary of Homeland Security shall prescribe.

(2) Authority of other departments and agencies.—The authority of the Administrator under this subsection shall not supersede the authority of any other department or agency of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during a national emergency.

(3) Circumstances.—The Secretary of Homeland Security shall prescribe the circumstances constituting a national emergency for purposes of this subsection.

(h) Management of Security Information.—In consultation with the Transportation Security Oversight Board, the Administrator shall—(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;

(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;

(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers—(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and

(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and

(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.

(i) View of NTSB.—In taking any action under this section that could affect safety, the Administrator shall give great weight to the timely views of the National Transportation Safety Board.

(j) Acquisitions.—(1) In general.—The Administrator is authorized—(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Administrator considers necessary;

(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Administrator considers necessary;

(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;

(D) to acquire services, including such personal services as the Secretary of Homeland Security determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and

(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.

(2) Title.—Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.

(k) Transfers of Funds.—The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions assigned by law to the Administrator.

(l) Regulations.—(1) In general.—The Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out the functions of the Administration.

(2) Emergency procedures.—(A) In general.—Notwithstanding any other provision of law or executive order (including an executive order requiring a cost-benefit analysis), if the Administrator determines that a regulation or security directive must be issued immediately in order to protect transportation security, the Administrator shall issue the regulation or security directive without providing notice or an opportunity for comment and without prior approval of the Secretary.

(B) Review by transportation security oversight board.—Any regulation or security directive issued under this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 115. Any regulation or security directive issued under this paragraph shall remain effective for a period not to exceed 90 days unless ratified or disapproved by the Board or rescinded by the Administrator.

(3) Factors to consider.—In determining whether to issue, rescind, or revise a regulation under this section, the Administrator shall consider, as a factor in the final determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation will provide. The Administrator may waive requirements for an analysis that estimates the number of lives that will be saved by the regulation and the monetary value of such lives if the Administrator determines that it is not feasible to make such an estimate.

(4) Airworthiness objections by faa.—(A) In general.—The Administrator shall not take an aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the Administrator that the action could adversely affect the airworthiness of an aircraft.

(B) Review by secretary.—Notwithstanding subparagraph (A), the Administrator may take such an action, after receiving a notification concerning the action from the Administrator of the Federal Aviation Administration under subparagraph (A), if the Secretary of Transportation subsequently approves the action.

(m) Personnel and Services; Cooperation by Administrator.—(1) Authority of administrator.—In carrying out the functions of the Administration, the Administrator shall have the same authority as is provided to the Administrator of the Federal Aviation Administration under subsections (l) and (m) of section 106.

(2) Authority of agency heads.—The head of a Federal agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Administrator as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator of the Federal Aviation Administration under section 106(m).

(n) Personnel Management System.—(1) In general.—The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees of the Transportation Security Administration, or, subject to the requirements of such section, the Administrator may make such modifications to the personnel management system with respect to such employees as the Administrator considers appropriate, such as adopting aspects of other personnel systems of the Department of Homeland Security.

(2) Meritorious executive or distinguished executive rank awards.—Notwithstanding section 40122(g)(2) of this title, the applicable sections of title 5 shall apply to the Transportation Security Administration personnel management system, except that—(A) for purposes of applying such provisions to the personnel management system—(i) the term “agency” means the Department of Homeland Security;

(ii) the term “senior executive” means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;

(iii) the term “career appointee” means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and

(iv) The 11 So in original. Probably should not be capitalized. term “senior career employee” means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;

(B) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system; and

(C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system.

(3) Definition of applicable sections of title 5.—In this subsection, the term “applicable sections of title 5” means—(A) subsections (b), (c) and (d) of section 4507 of title 5; and

(B) subsections (b) and (c) of section 4507a of title 5.

(o) Authority of Inspector General.—The Transportation Security Administration shall be subject to the Inspector General Act of 1978 (5 U.S.C. App.) and other laws relating to the authority of the Inspector General of the Department of Homeland Security.

(p) Law Enforcement Powers.—(1) In general.—The Administrator may designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement officer.

(2) Powers.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this section, a law enforcement officer designated under paragraph (1) may—(A) carry a firearm;

(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and

(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.

(3) Guidelines on exercise of authority.—The authority provided by this subsection shall be exercised in accordance with guidelines prescribed by the Administrator, in consultation with the Attorney General of the United States, and shall include adherence to the Attorney General’s policy on use of deadly force.

(4) Revocation or suspension of authority.—The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Administrator has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Homeland Security and the Administrator.

(q) Authority To Exempt.—The Administrator may grant an exemption from a regulation prescribed in carrying out this section if the Administrator determines that the exemption is in the public interest.

(r) Nondisclosure of Security Activities.—(1) In general.—Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 107–71) or under chapter 449 of this title if the Administrator decides that 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 security of transportation.

(2) Availability of information to congress.—Paragraph (1) does not authorize information to be withheld from a committee of Congress authorized to have the information.

(3) Limitation on transferability of duties.—Except as otherwise provided by law, the Administrator may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United States.

(4) Limitations.—Nothing in this subsection, or any other provision of law, shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—(A) to conceal a violation of law, inefficiency, or administrative error;

(B) to prevent embarrassment to a person, organization, or agency;

(C) to restrain competition; or

(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

(s) Transportation Security Strategic Planning.—(1) In general.—The Secretary of Homeland Security shall develop, prepare, implement, and update, as needed—(A) a National Strategy for Transportation Security; and

(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.

(2) Role of secretary of transportation.—The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating the documents required by paragraph (1).

(3) Contents of national strategy for transportation security.—The National Strategy for Transportation Security shall include the following:(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption.

(B) The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007) across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).

(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.

(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, local, and tribal authorities and establishes mechanisms for encouraging cooperation and participation by private sector entities, including nonprofit employee labor organizations, in the implementation of such plan.

(E) A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.

(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.

(G) A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.

(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.

(I) Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103(a) of title 46.

(4) Submission of plans.—(A) In general.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans and any revisions to the National Strategy for Transportation Security and the transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of each even-numbered year.

(B) Periodic progress report.—(i) Requirement for report.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security, including the transportation modal security plans.

(ii) Content.—Each progress report submitted under this subparagraph shall include, at a minimum, the following:(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.

(II) An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.

(III) An accounting of all—(aa) funds requested in the President’s budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;

(bb) personnel working on transportation security by mode, including the number of contractors; and

(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department of Homeland Security.

(iii) Written explanation of transportation security activities not delineated in the national strategy for transportation security.—At the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved.

(C) Classified material.—Any part of the National Strategy for Transportation Security or the transportation modal security plans that involve information that is properly classified under criteria established by Executive order shall be submitted to the appropriate congressional committees separately in a classified format.

(D) Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(5) Priority Status.—(A) In general.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.

(B) Other plans and reports.—The National Strategy for Transportation Security shall include, as an integral part or as an appendix—(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;

(ii) the report required by section 44938 of this title;

(iii) transportation modal security plans required under this section;

(iv) the transportation sector specific plan required under Homeland Security Presidential Directive–7; and

(v) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.

(6) Coordination.—In carrying out the responsibilities under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other entities.

(7) Plan distribution.—The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher learning, and other appropriate entities.

(t) Transportation Security Information Sharing Plan.—(1) Definitions.—In this subsection:(A) Appropriate congressional committees.—The term “appropriate congressional committees” has the meaning given that term in subsection (s)(4)(E).

(B) Plan.—The term “Plan” means the Transportation Security Information Sharing Plan established under paragraph (2).

(C) Public and private stakeholders.—The term “public and private stakeholders” means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.

(D) Transportation security information.—The term “transportation security information” means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence products, as appropriate.

(2) Establishment of plan.—The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the Plan, the Secretary of Homeland Security shall gather input on the development of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).

(3) Purpose of plan.—The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.

(4) Content of plan.—The Plan shall include—(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;

(B) the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department of Homeland Security that has the primary authority, or has been delegated such authority by the Secretary of Homeland Security, to regulate the security of that transportation mode;

(C) a reasonable deadline by which the Plan will be implemented; and

(D) a description of resource needs for fulfilling the Plan.

(5) Coordination with information sharing.—The Plan shall be—(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and

(B) consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.

(6) Annual report on plan.—The Secretary of Homeland Security shall annually submit to the appropriate congressional committees a report containing the Plan.

(7) Security clearances.—The Secretary of Homeland Security shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public and private stakeholders to receive and obtain access to classified information distributed under this section, as appropriate.

(8) Classification of material.—The Secretary of Homeland Security, to the greatest extent practicable, shall provide designated public and private stakeholders with transportation security information in an unclassified format.

(u) Enforcement of Regulations and Orders of the Secretary of Homeland Security.—(1) Application of subsection.—(A) In general.—This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an “applicable provision of this title”).

(B) Violations of chapter 449.—The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security or the Administrator under chapter 449 of this title are provided under chapter 463 of this title.

(C) Nonapplication to certain violations.—(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;

(II) by a member of the armed forces of the United States when performing official duties; or

(III) by a civilian employee of the Department of Defense when performing official duties.

(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary of Defense’s designee.

(2) Civil penalty.—(A) In general.—A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.

(B) Repeat violations.—A separate violation occurs under this paragraph for each day the violation continues.

(3) Administrative imposition of civil penalties.—(A) In general.—The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.

(B) Scope of civil action.—In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection, a court may not re-examine issues of liability or the amount of the penalty.

(C) Jurisdiction.—The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection if—(i) the amount in controversy is more than—(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or

(II) $50,000 if the violation was committed by an individual or small business concern;

(ii) the action is in rem or another action in rem based on the same violation has been brought; or

(iii) another action has been brought for an injunction based on the same violation.

(D) Maximum penalty.—The maximum civil penalty the Secretary of Homeland Security administratively may impose under this paragraph is—(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or

(ii) $50,000, if the violation was committed by an individual or small business concern.

(E) Notice and opportunity to request hearing.—Before imposing a penalty under this section the Secretary of Homeland Security shall provide to the person against whom the penalty is to be imposed—(i) written notice of the proposed penalty; and

(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary of Homeland Security receives the request not later than 30 days after the date on which the person receives notice.

(4) Compromise and setoff.—(A) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this subsection.

(B) 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) Investigations and proceedings.—Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary of Homeland Security.

(6) Definitions.—In this subsection:(A) Person.—The term “person” does not include—(i) the United States Postal Service; or

(ii) the Department of Defense.

(B) Small business concern.—The term “small business concern” has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

(7) Enforcement transparency.—(A) In general.—The Secretary of Homeland Security shall—(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and

(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.

(B) Electronic availability.—Each summary under this paragraph shall be made available to the public by electronic means.

(C) Relationship to the freedom of information act and the privacy act.—Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.

(v) Authorization of Appropriations.—There are authorized to be appropriated to the Transportation Security Administration for salaries, operations, and maintenance of the Administration—(1) $7,849,247,000 for fiscal year 2019;

(2) $7,888,494,000 for fiscal year 2020; and

(3) $7,917,936,000 for fiscal year 2021.

(w) Leadership and Organization.—(1) In general.—For each of the areas described in paragraph (2), the Administrator of the Transportation Security Administration shall appoint at least 1 individual who shall—(A) report directly to the Administrator or the Administrator’s designated direct report; and

(B) be responsible and accountable for that area.

(2) Areas described.—The areas described in this paragraph are as follows:(A) Aviation security operations and training, including risk-based, adaptive security—(i) focused on airport checkpoint and baggage screening operations;

(ii) workforce training and development programs; and

(iii) ensuring compliance with aviation security law, including regulations, and other specialized programs designed to secure air transportation.

(B) Surface transportation security operations and training, including risk-based, adaptive security—(i) focused on accomplishing security systems assessments;

(ii) reviewing and prioritizing projects for appropriated surface transportation security grants;

(iii) operator compliance with surface transportation security law, including regulations, and voluntary industry standards; and

(iv) workforce training and development programs, and other specialized programs designed to secure surface transportation.

(C) Transportation industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime.

(D) International strategy and operations, including agency efforts to work with international partners to secure the global transportation network.

(E) Trusted and registered traveler programs, including the management and marketing of the agency’s trusted traveler initiatives, including the PreCheck Program, and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector.

(F) Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs.

(G) Inspection and compliance, including the integrity, efficiency and effectiveness of the agency’s workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory compliance.

(H) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling public are treated in a fair and lawful manner consistent with Federal laws and regulations protecting privacy and prohibiting discrimination and reprisal.

(I) Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency to achieve congressional approval or authorization of agency programs and policies.

(3) Notification.—The Administrator shall submit to the appropriate committees of Congress—(A) not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and

(B) an update of the list not later than 5 days after any new individual is appointed under paragraph (1).

(Added Pub. L. 107–71, title I, § 101(a), Nov. 19, 2001, 115 Stat. 597; amended Pub. L. 107–296, title XVI, § 1601(b), title XVII, § 1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, § 351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–458, title IV, § 4001(a), Dec. 17, 2004, 118 Stat. 3710; Pub. L. 110–53, title XII, §§ 1202, 1203(a), title XIII, § 1302(a), title XV, § 1503(a), Aug. 3, 2007, 121 Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092; Pub. L. 111–83, title V, § 561(c)(1), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 114–301, § 2(d), Dec. 16, 2016, 130 Stat. 1514; Pub. L. 115–254, div. K, title I, §§ 1903, 1904(a), (b)(1), 1905, 1909, 1988(c), Oct. 5, 2018, 132 Stat. 3543, 3544, 3546, 3549, 3623.)

References in TextThe date of enactment of the TSA Modernization Act, referred to in subsecs. (b)(1)(C) and (w)(3)(A), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
The Inspector General Act of 1978, referred to in subsec. (o), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Aviation and Transportation Security Act, referred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 101 of this title and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(B), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Section 1410 of the Act is classified to section 1139 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of Title 6 and Tables.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(F), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.

Amendments2018—Pub. L. 115–254, § 1904(a)(3), substituted “Administrator” for “Under Secretary” wherever appearing in subsecs. (c) to (n), (p), (q), and (r).
Subsec. (a). Pub. L. 115–254, § 1904(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”.
Subsec. (b). Pub. L. 115–254, § 1904(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows:
“(1) Appointment.—The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
“(2) Qualifications.—The Under Secretary must—
“(A) be a citizen of the United States; and
“(B) have experience in a field directly related to transportation or security.
“(3) Term.—The term of office of an individual appointed as the Under Secretary shall be 5 years.”
Subsec. (f)(15), (16). Pub. L. 115–254, § 1988(c), added par. (15) and redesignated former par. (15) as (16).
Subsec. (g)(1). Pub. L. 115–254, § 1904(b)(1)(A)(i)(I), substituted “Subject to the direction and control of the Secretary of Homeland Security” for “Subject to the direction and control of the Secretary” in introductory provisions.
Subsecs. (g)(1)(D), (3), (j)(1)(D). Pub. L. 115–254, § 1904(b)(1)(A)(i)(II), (ii), (B), inserted “of Homeland Security” after “Secretary”.
Subsec. (k). Pub. L. 115–254, § 1904(b)(1)(C), substituted “functions assigned” for “functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act,”.
Subsec. (l)(4)(B). Pub. L. 115–254, § 1904(b)(1)(D), substituted “Administrator of the Federal Aviation Administration under subparagraph (A)” for “Administrator under subparagraph (A)”.
Subsec. (n). Pub. L. 115–254, § 1909, inserted par. (1) designation and heading before “The personnel management system”, added pars. (2) and (3), and realigned margins.
Pub. L. 115–254, § 1904(b)(1)(E), substituted “Department of Homeland Security” for “Department of Transportation”.
Subsec. (o). Pub. L. 115–254, § 1904(b)(1)(F), substituted “Department of Homeland Security” for “Department of Transportation”.
Subsec. (p)(4). Pub. L. 115–254, § 1904(b)(1)(G), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Subsec. (s)(3)(B). Pub. L. 115–254, § 1904(b)(1)(H)(i), inserted closing parenthesis after “Act of 2007”.
Subsec. (s)(4). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(I), substituted “Submission of plans” for “Submissions of plans to Congress” in heading.
Subsec. (s)(4)(A). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(IV)(bb), which directed amendment of subpar. (A) by substituting “The” for “After December 31, 2015, the”, was executed by making the substitution for “After December 31, 2005, the” to reflect the probable intent of Congress.
Pub. L. 115–254, § 1904(b)(1)(H)(ii)(IV)(aa), substituted “In general” for “Subsequent versions” in heading.
Pub. L. 115–254, § 1904(b)(1)(H)(ii)(II), (III), redesignated subpar. (B) as (A) and struck out former subpar. (A). Prior to amendment, text of subpar. (A) read as follows: “The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 2005.”
Subsec. (s)(4)(B). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(III), redesignated subpar. (C) as (B). Former subpar. (B) redesignated (A).
Subsec. (s)(4)(B)(ii)(III)(cc). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(V), substituted “for the Department of Homeland Security” for “for the Department”.
Subsec. (s)(4)(C) to (E). Pub. L. 115–254, § 1904(b)(1)(H)(ii)(III), redesignated subpars. (D) and (E) as (C) and (D), respectively. Former subpar. (C) redesignated (B).
Subsec. (t). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (u) as (t).
Subsec. (t)(1)(D), (E). Pub. L. 115–254, § 1904(b)(1)(J)(i), redesignated subpar. (E) as (D) and struck out former subpar. (D). Prior to amendment, text of subpar. (D) read as follows: “The term ‘Secretary’ means the Secretary of Homeland Security.”
Subsec. (t)(2). Pub. L. 115–254, § 1904(b)(1)(J)(ii), inserted “of Homeland Security” after “Plan, the Secretary”.
Subsec. (t)(4)(B). Pub. L. 115–254, § 1904(b)(1)(J)(iii), inserted “of Homeland Security” after “agency within the Department” and after “Secretary”.
Subsec. (t)(6). Pub. L. 115–254, § 1904(b)(1)(J)(iv), amended par. (6) generally. Prior to amendment, text read as follows:
“(A) In general.—Not later than 150 days after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan.
“(B) Annual report.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the appropriate congressional committees a report on updates to and the implementation of the Plan.”
Subsec. (t)(7), (8). Pub. L. 115–254, § 1904(b)(1)(J)(v), inserted “of Homeland Security” after “Secretary”.
Subsec. (u). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (v) as (u). Former subsec. (u) redesignated (t).
Subsec. (u)(1)(B). Pub. L. 115–254, § 1904(b)(1)(K)(i)(I), inserted “or the Administrator” after “Secretary of Homeland Security”.
Subsec. (u)(1)(C)(ii). Pub. L. 115–254, § 1904(b)(1)(K)(i)(II), substituted “Secretary of Defense’s designee” for “Secretary’s designee”.
Subsec. (u)(3)(B) to (E), (4)(A), (5). Pub. L. 115–254, § 1904(b)(1)(K)(i)(III), (ii), (iii), inserted “of Homeland Security” after “Secretary” wherever appearing.
Subsec. (u)(7)(A). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(I), substituted “The Secretary of Homeland Security” for “Not later than December 31, 2008, and annually thereafter, the Secretary” in introductory provisions.
Subsec. (u)(7)(D). Pub. L. 115–254, § 1904(b)(1)(K)(iv)(II), struck out subpar. (D). Text read as follows: “Not later than 180 days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary shall provide a report to the public describing the enforcement process established under this subsection.”
Subsec. (v). Pub. L. 115–254, § 1904(b)(1)(I), redesignated subsec. (w) as (v). Former subsec. (v) redesignated (u).
Subsec. (w). Pub. L. 115–254, § 1905, added subsec. (w). Former subsec. (w) redesignated (v).
Pub. L. 115–254, § 1903, amended subsec. (w) generally. Prior to amendment, subsec. (w) related to authorization of appropriations for railroad, over-the-road bus and trucking, and hazardous material and pipeline security for fiscal years 2008 through 2011.
2016—Subsec. (u)(1)(A). Pub. L. 114–301, § 2(d)(1), substituted “subsection (s)(4)(E)” for “subsection (t)”.
Subsec. (u)(7) to (9). Pub. L. 114–301, § 2(d)(2), (3), redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7) which related to surveys and reports.
2009—Subsec. (r)(4). Pub. L. 111–83 added par. (4).
2007—Subsecs. (o) to (s). Pub. L. 110–161 redesignated subsecs. (p) to (s) as (o) to (r), respectively, and struck out former subsec. (o). Text of former subsec. (o) read as follows: “The acquisition management system established by the Administrator of the Federal Aviation Administration under section 40110 shall apply to acquisitions of equipment, supplies, and materials by the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such modifications to the acquisition management system with respect to such acquisitions of equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects of other acquisition management systems of the Department of Transportation.”
Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as (s).
Subsec. (t)(1)(B). Pub. L. 110–53, § 1202(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “transportation modal security plans.”
Subsec. (t)(3)(B). Pub. L. 110–53, § 1202(b)(1), inserted “, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007” after “risk-based priorities”.
Subsec. (t)(3)(D). Pub. L. 110–53, § 1202(b)(2), substituted “local, and tribal” for “and local” and “cooperation and participation by private sector entities, including nonprofit employee labor organizations,” for “private sector cooperation and participation”.
Subsec. (t)(3)(E). Pub. L. 110–53, § 1202(b)(3), substituted “prevention, response, and recovery” for “response and recovery” and inserted “and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems” before period at end.
Subsec. (t)(3)(F). Pub. L. 110–53, § 1202(b)(4), inserted at end “Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.”
Subsec. (t)(3)(G) to (I). Pub. L. 110–53, § 1202(b)(5), added subpars. (G) to (I).
Subsec. (t)(4)(C)(i). Pub. L. 110–53, § 1202(c)(1)(A), inserted “, including the transportation modal security plans” before period at end.
Subsec. (t)(4)(C)(ii), (iii). Pub. L. 110–53, § 1202(c)(1)(B), added cls. (ii) and (iii) and struck out former cl. (ii). Text of former cl. (ii) read as follows: “Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal security plans that the Secretary, in consultation with the Secretary of Transportation, considers appropriate.”
Subsec. (t)(4)(E). Pub. L. 110–53, § 1202(c)(2), added subpar. (E) and struck out former subpar. (E). Text of former subpar. (E) read as follows: “In this subsection, the term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.”
Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, § 1202(d), added cl. (iv) and redesignated former cl. (iv) as (v).
Subsec. (t)(6), (7). Pub. L. 110–53, § 1202(e), added pars. (6) and (7).
Subsec. (u). Pub. L. 110–53, § 1203(a), added subsec. (u).
Subsec. (v). Pub. L. 110–53, § 1302(a), added subsec. (v).
Subsec. (w). Pub. L. 110–53, § 1503(a), added subsec. (w).
2004—Subsec. (t). Pub. L. 108–458 added subsec. (t).
2003—Subsec. (q)(1). Pub. L. 108–7 inserted “or other Federal agency” after “Transportation Security Administration”.
2002—Subsec. (l)(2)(B). Pub. L. 107–296, § 1707, inserted “for a period not to exceed 90 days” after “effective” and “ratified or” before “disapproved”.
Subsec. (s). Pub. L. 107–296, § 1601(b), added subsec. (s).

Change of Name
Pub. L. 115–254, div. K, title I, § 1994, Oct. 5, 2018, 132 Stat. 3646, provided that: “References relating to the Under Secretary of Transportation for Security in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act [meaning the date of enactment of Pub. L. 115–254, Oct. 5, 2018] shall be deemed to refer, as appropriate, to the Administrator of the Transportation Security Administration.”

Effective Date of 2007 AmendmentPub. L. 110–161, div. E, title V, § 568(b), Dec. 26, 2007, 121 Stat. 2092, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of enactment of this Act [Dec. 26, 2007].

Effective Date of 2004 AmendmentPub. L. 108–458, title IV, § 4082, Dec. 17, 2004, 118 Stat. 3732, provided that: “This title [enacting section 44925 of this title, amending this section, sections 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title, and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under sections 44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] shall take effect on the date of enactment of this Act [Dec. 17, 2004].”

Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Emergency TSA Employee Leave FundPub. L. 117–2, title VII, § 7104, Mar. 11, 2021, 135 Stat. 100, provided that:
“(a) Establishment; Appropriation.—There is established in the Transportation Security Administration (in this section referred to as the ‘Administration’) the Emergency TSA Employee Leave Fund (in this section referred to as the ‘Fund’), to be administered by the Administrator of the Administration, for the purposes set forth in subsection (b). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $13,000,000, which shall be deposited into the Fund and remain available through September 30, 2022.

“(b) Purpose.—Amounts in the Fund shall be available to the Administration for the use of paid leave under this section by any employee of the Administration who is unable to work because the employee—“(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;

“(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;

“(3) is caring for an individual who is subject to such an order or has been so advised;

“(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis;

“(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;

“(6) is experiencing any other substantially similar condition;

“(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or

“(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization.

“(c) Limitations.—“(1) Period of availability.—Paid leave under this section may only be provided to and used by an employee of the Administration during the period beginning on the date of enactment of this section [Mar. 11, 2021] and ending on September 30, 2021.

“(2) Total hours; amount.—Paid leave under this section—“(A) shall be provided to an employee of the Administration in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;

“(B) shall be paid at the same hourly rate as other leave payments; and

“(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee.

“(3) Relationship to other leave.—Paid leave under this section—“(A) is in addition to any other leave provided to an employee of the Administration; and

“(B) may not be used by an employee of the Administration concurrently with any other paid leave.

“(4) Calculation of retirement benefit.—Any paid leave provided to an employee of the Administration under this section shall reduce the total service used to calculate any Federal civilian retirement benefit.”

Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Transmittals to CongressPub. L. 115–254, div. K, title I, § 1910, Oct. 5, 2018, 132 Stat. 3550, provided that: “With regard to each report, legislative proposal, or other communication of the Executive Branch related to the TSA and required to be submitted to Congress or the appropriate committees of Congress, the Administrator shall transmit such communication directly to the appropriate committees of Congress.”

[For definitions of terms used in section 1910 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Third Party Testing and Verification of Screening TechnologyPub. L. 115–254, div. K, title I, § 1911, Oct. 5, 2018, 132 Stat. 3550, provided that:
“(a) In General.—In carrying out the responsibilities under section 114(f)(9) [probably means section 114(f)(9) of Title 10, United States Code], the Administrator shall develop and implement, not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], a program to enable a vendor of related security screening technology to obtain testing and verification, including as an alternative to the TSA’s test and evaluation process, by an appropriate third party, of such technology before procurement or deployment.

“(b) Detection Testing.—“(1) In general.—The third party testing and verification program authorized under subsection (a) shall include detection testing to evaluate the performance of the security screening technology system regarding the probability of detection, the probability of false alarm, and such other indicators that the system is able to meet the TSA’s mission needs.

“(2) Results.—The results of the third party detection testing under paragraph (1) shall be considered final if the results are approved by the Administration in accordance with approval standards developed by the Administrator.

“(3) Coordination with final testing.—To the extent practicable, but without compromising the integrity of the TSA test and evaluation process, the Administrator shall coordinate the third party detection testing under paragraph (1) with any subsequent, final Federal Government testing.

“(4) International standards.—To the extent practicable and permissible under law and considering the national security interests of the United States, the Administrator shall—“(A) share detection testing information and standards with appropriate international partners; and

“(B) coordinate with the appropriate international partners to align TSA testing and evaluation with relevant international standards to maximize the capability to detect explosives and other threats.

“(c) Operational Testing.—“(1) In general.—Subject to paragraph (2), the third party testing and verification program authorized under subsection (a) shall include operational testing.

“(2) Limitation.—Third party operational testing under paragraph (1) may not exceed 1 year.

“(d) Alternative.—Third party testing under subsection (a) shall replace as an alternative, at the discretion of the Administrator, the testing at the TSA Systems Integration Facility, including testing for—“(1) health and safety factors;

“(2) operator interface;

“(3) human factors;

“(4) environmental factors;

“(5) throughput;

“(6) reliability, maintainability, and availability factors; and

“(7) interoperability.

“(e) Testing and Verification Framework.—“(1) In general.—The Administrator shall—“(A) establish a framework for the third party testing and for verifying a security technology is operationally effective and able to meet the TSA’s mission needs before it may enter or re-enter, as applicable, the operational context at an airport or other transportation facility;

“(B) use phased implementation to allow the TSA and the third party to establish best practices; and

“(C) oversee the third party testing and evaluation framework.

“(2) Recommendations.—The Administrator shall request ASAC’s Security Technology Subcommittee, in consultation with representatives of the security manufacturers industry, to develop and submit to the Administrator recommendations for the third party testing and verification framework.

“(f) Field Testing.—The Administrator shall prioritize the field testing and evaluation, including by third parties, of security technology and equipment at airports and on site at security technology manufacturers whenever possible as an alternative to the TSA Systems Integration Facility.

“(g) Appropriate Third Parties.—“(1) Citizenship requirement.—An appropriate third party under subsection (a) shall be—“(A) if an individual, a citizen of the United States; or

“(B) if an entity, owned and controlled by a citizen of the United States.

“(2) Waiver.—The Administrator may waive the requirement under paragraph (1)(B) if the entity is a United States subsidiary of a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service [now Defense Counterintelligence and Security Agency] of the Department of Defense before applying to provide third party testing. The Administrator may reject any application to provide third party testing under subsection (a) submitted by an entity that requires a waiver under this paragraph.

“(3) Conflicts of interest.—The Administrator shall ensure, to the extent possible, that an entity providing third party testing under this section does not have a contractual, business, or other pecuniary interest (exclusive of any such testing) in—“(A) the security screening technology subject to such testing; or

“(B) the vendor of such technology.

“(h) GAO Review.—“(1) In general.—Not later than 2 years after the date of enactment of this Act [Oct. 5, 2018], the Comptroller General of the United States shall submit to the appropriate committees of Congress a study on the third party testing program developed under this section[.]

“(2) Review.—The study under paragraph (1) shall include a review of the following:“(A) Any efficiencies or gains in effectiveness achieved in TSA operations, including technology acquisition or screening operations, as a result of such program.

“(B) The degree to which the TSA conducts timely and regular oversight of the appropriate third parties engaged in such testing.

“(C) The effect of such program on the following:“(i) The introduction of innovative detection technologies into security screening operations.

“(ii) The availability of testing for technologies developed by small to medium sized businesses.

“(D) Any vulnerabilities associated with such program, including with respect to the following:“(i) National security.

“(ii) Any conflicts of interest between the appropriate third parties engaged in such testing and the entities providing such technologies to be tested.

“(iii) Waste, fraud, and abuse.”

[For definitions of terms used in section 1911 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Transportation Security Administration Systems Integration FacilityPub. L. 115–254, div. K, title I, § 1912, Oct. 5, 2018, 132 Stat. 3552, provided that:
“(a) In General.—The Administrator shall continue to operate the Transportation Security Administration Systems Integration Facility (referred to in this section as the ‘TSIF’) for the purposes of testing and evaluating advanced transportation security screening technologies related to the mission of the TSA.

“(b) Requirements.—The TSIF shall—“(1) evaluate the technologies described in subsection (a) to enhance the security of transportation systems through screening and threat mitigation and detection;

“(2) test the technologies described in subsection (a) to support identified mission needs of the TSA and to meet requirements for acquisitions and procurement;

“(3) to the extent practicable, provide original equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere to provided test plans;

“(4) collaborate with other technical laboratories and facilities for purposes of augmenting the capabilities of the TSIF;

“(5) deliver advanced transportation security screening technologies that enhance the overall security of domestic transportation systems; and

“(6) to the extent practicable, provide funding and promote efforts to enable participation by a small business concern (as the term is described under section 3 of the Small Business Act (15 U.S.C. 632)) that—“(A) has an advanced technology or capability; but

“(B) does not have adequate resources to participate in testing and evaluation processes.

“(c) Staffing and Resource Allocation.—The Administrator shall ensure adequate staffing and resource allocations for the TSIF in a manner that—“(1) prevents unnecessary delays in the testing and evaluation of advanced transportation security screening technologies for acquisitions and procurement determinations;

“(2) ensures the issuance of final paperwork certification no later than 45 days after the date such testing and evaluation has concluded; and

“(3) ensures collaboration with technology stakeholders to close capabilities gaps in transportation security.

“(d) Deadline.—“(1) In general.—The Administrator shall notify the appropriate committees of Congress if testing and evaluation by the TSIF of an advanced transportation security screening technology under this section exceeds 180 days from the delivery date.

“(2) Notification.—The notification under paragraph (1) shall include—“(A) information relating to the delivery date;

“(B) a justification for why the testing and evaluation process has exceeded 180 days; and

“(C) the estimated date for completion of such testing and evaluation.

“(3) Definition of delivery date.—In this subsection, the term ‘delivery date’ means the date that the owner of an advanced transportation security screening technology—“(A) after installation, delivers the technology to the TSA for testing and evaluation; and

“(B) submits to the Administrator, in such form and manner as the Administrator prescribes, a signed notification of the delivery described in subparagraph (A).

“(e) Retesting and Evaluation.—Advanced transportation security screening technology that fails testing and evaluation by the TSIF may be retested and evaluated at the discretion of the Administrator.

“(f) Rule of Construction.—Nothing in this section may be construed to affect the authority or responsibility of an officer of the Department, or an officer of any other Federal department or agency, with respect to research, development, testing, and evaluation of technologies, including such authorities or responsibilities of the Undersecretary [probably should be “Under Secretary”] for Science and Technology of the Department and Assistant Secretary of the Countering Weapons of Mass Destruction Office of the Department.”

[For definitions of terms used in section 1912 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Public Area Security Working GroupPub. L. 115–254, div. K, title I, § 1931, Oct. 5, 2018, 132 Stat. 3569, provided that:
“(a) Definitions.—In this section:“(1) Public and private stakeholders.—The term ‘public and private stakeholders’ has the meaning given the term in section 114(t)(1)(C) of title 49, United States Code.

“(2) Surface transportation asset.—The term ‘surface transportation asset’ includes—“(A) facilities, equipment, or systems used to provide transportation services by—“(i) a public transportation agency (as the term is defined in section 1402 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1131));

“(ii) a railroad carrier (as the term is defined in section 20102 of title 49, United States Code); [or]

“(iii) an owner or operator of—     “(I) an entity offering scheduled, fixed-route transportation services by over-the road bus (as the term is defined in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151)); or

     “(II) a bus terminal; or

“(B) other transportation facilities, equipment, or systems, as determined by the Secretary.

“(b) Public Area Security Working Group.—“(1) Working group.—The Administrator, in coordination with the National Protection and Programs Directorate, shall establish a working group to promote collaborative engagement between the TSA and public and private stakeholders to develop non-binding recommendations for enhancing security in public areas of transportation facilities (including facilities that are surface transportation assets), including recommendations regarding the following:“(A) Information sharing and interoperable communication capabilities among the TSA and public and private stakeholders with respect to terrorist or other threats.

“(B) Coordinated incident response procedures.

“(C) The prevention of terrorist attacks and other incidents through strategic planning, security training, exercises and drills, law enforcement patrols, worker vetting, and suspicious activity reporting.

“(D) Infrastructure protection through effective construction design barriers and installation of advanced surveillance and other security technologies.

“(2) Annual report.—“(A) In general.—Not later than 1 year after the date the working group is established under paragraph (1), the Administrator shall submit to the appropriate committee of Congress [probably should be “appropriate committees of Congress”] a report, covering the 12-month period preceding the date of the report, on—“(i) the organization of the working group;

“(ii) the activities of the working group;

“(iii) the participation of the TSA and public and private stakeholders in the activities of the working group; [and]

“(iv) the findings of the working group, including any recommendations.

“(B) Publication.—The Administrator may publish a public version of such report that describes the activities of the working group and such related matters as would be informative to the public, consistent with section 552(b) of title 5, United States Code.

“(3) Nonapplicability of faca.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under subsection (a) [probably should be “paragraph (1)”] or any subcommittee thereof.

“(c) Technical Assistance.—“(1) In general.—The Secretary shall—“(A) inform owners and operators of surface transportation assets about the availability of technical assistance, including vulnerability assessment tools and cybersecurity guidelines, to help protect and enhance the resilience of public areas of such assets; and

“(B) upon request, and subject to the availability of appropriations, provide such technical assistance to owners and operators of surface transportation assets.

“(2) Best practices.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and periodically thereafter, the Secretary shall publish on the Department website and widely disseminate, as appropriate, current best practices for protecting and enhancing the resilience of public areas of transportation facilities (including facilities that are surface transportation assets), including associated frameworks or templates for implementation.

“(d) Review.—“(1) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator shall—“(A) review of [sic] regulations, directives, policies, and procedures issued by the Administrator regarding the transportation of a firearm and ammunition; and

“(B) submit to the appropriate committees of Congress a report on the findings of the review under subparagraph (A), including, as appropriate, information on any plans to modify any regulation, directive, policy, or procedure based on the review.

“(2) Consultation.—In preparing the report under paragraph (1), the Administrator shall consult with—“(A) ASAC;

“(B) the Surface Transportation Security Advisory Committee under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204]; and

“(C) appropriate public and private stakeholders.”

[For definitions of terms used in section 1931 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Public Area Best PracticesPub. L. 115–254, div. K, title I, § 1932, Oct. 5, 2018, 132 Stat. 3571, provided that:
“(a) In General.—The Administrator shall, in accordance with law and as received or developed, periodically submit information, on any best practices developed by the TSA or appropriate transportation stakeholders related to protecting the public spaces of transportation infrastructure from emerging threats, to the following:“(1) Federal Security Directors at airports.

“(2) Appropriate security directors for other modes of transportation.

“(3) Other appropriate transportation security stakeholders.

“(b) Information Sharing.—The Administrator shall, in accordance with law—“(1) in coordination with the Office of the Director of National Intelligence and industry partners, implement improvements to the Air Domain Intelligence and Analysis Center to encourage increased participation from stakeholders and enhance government and industry security information sharing on transportation security threats, including on cybersecurity threat awareness;

“(2) expand and improve the City and Airport Threat Assessment or similar program to public and private stakeholders to capture, quantify, communicate, and apply applicable intelligence to inform transportation infrastructure mitigation measures, such as—“(A) quantifying levels of risk by airport that can be used to determine risk-based security mitigation measures at each location; and

“(B) determining random and surge employee inspection operations based on changing levels of risk;

“(3) continue to disseminate Transportation Intelligence Notes, tear-lines, and related intelligence products to appropriate transportation security stakeholders on a regular basis; and

“(4) continue to conduct both regular routine and threat-specific classified briefings between the TSA and appropriate transportation sector stakeholders on an individual or group basis to provide greater information sharing between public and private sectors.

“(c) Mass Notification.—The Administrator shall encourage security stakeholders to utilize mass notification systems, including the Integrated Public Alert Warning System of the Federal Emergency Management Agency and social media platforms, to disseminate information to transportation community employees, travelers, and the general public, as appropriate.

“(d) Public Awareness Programs.—The Secretary, in coordination with the Administrator, shall expand public programs of the Department of Homeland Security and the TSA that increase security threat awareness, education, and training to include transportation network public area employees, including airport and transportation vendors, local hotels, cab and limousine companies, ridesharing companies, cleaning companies, gas station attendants, cargo operators, and general aviation members.”

[For definitions of terms used in section 1932 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Surface Transportation Security Assessment and Implementation of Risk-Based StrategyPub. L. 115–254, div. K, title I, § 1964, Oct. 5, 2018, 132 Stat. 3604, provided that:
“(a) Security Assessment.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall complete an assessment of the vulnerabilities of and risks to surface transportation systems.

“(2) Considerations.—In conducting the security assessment under paragraph (1), the Administrator shall, at a minimum—“(A) consider appropriate intelligence;

“(B) consider security breaches and attacks at domestic and international surface transportation facilities;

“(C) consider the vulnerabilities and risks associated with specific modes of surface transportation;

“(D) evaluate the vetting and security training of—“(i) employees in surface transportation; and

“(ii) other individuals with access to sensitive or secure areas of surface transportation networks; and

“(E) consider input from—“(i) representatives of different modes of surface transportation;

“(ii) representatives of critical infrastructure entities;

“(iii) the Transportation Systems Sector Coordinating Council; and

“(iv) the heads of other relevant Federal departments or agencies.

“(b) Risk-based Surface Transportation Security Strategy.—“(1) In general.—Not later than 180 days after the date the security assessment under subsection (a) is complete, the Administrator shall use the results of the assessment—“(A) to develop and implement a cross-cutting, risk-based surface transportation security strategy that includes—“(i) all surface transportation modes;

“(ii) a mitigating strategy that aligns with each vulnerability and risk identified in subsection (a);

“(iii) a planning process to inform resource allocation;

“(iv) priorities, milestones, and performance metrics to measure the effectiveness of the risk-based surface transportation security strategy; and

“(v) processes for sharing relevant and timely intelligence threat information with appropriate stakeholders;

“(B) to develop a management oversight strategy that—“(i) identifies the parties responsible for the implementation, management, and oversight of the risk-based surface transportation security strategy; and

“(ii) includes a plan for implementing the risk-based surface transportation security strategy; and

“(C) to modify the risk-based budget and resource allocations, in accordance with section 1965(c) [set out as a note below], for the Transportation Security Administration.

“(2) Coordinated approach.—In developing and implementing the risk-based surface transportation security strategy under paragraph (1), the Administrator shall coordinate with the heads of other relevant Federal departments or agencies, and stakeholders, as appropriate—“(A) to evaluate existing surface transportation security programs, policies, and initiatives, including the explosives detection canine teams, for consistency with the risk-based security strategy and, to the extent practicable, avoid any unnecessary duplication of effort;

“(B) to determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to surface transportation systems identified in subsection (a); and

“(C) subject to subparagraph (B), to mitigate each vulnerability and risk to surface transportation systems identified in subsection (a).

“(c) Report.—“(1) In general.—Not later than 180 days after the date the security assessment under subsection (a) is complete, the Administrator shall submit to the appropriate committees of Congress and the Inspector General of the Department a report that—“(A) describes the process used to complete the security assessment;

“(B) describes the process used to develop the risk-based security strategy;

“(C) describes the risk-based security strategy;

“(D) includes the management oversight strategy;

“(E) includes—“(i) the findings of the security assessment;

“(ii) a description of the actions recommended or taken by the Administrator to mitigate the vulnerabilities and risks identified in subsection (a), including interagency coordination;

“(iii) any recommendations for improving the coordinated approach to mitigating vulnerabilities and risks to surface transportation systems; and

“(iv) any recommended changes to the National Infrastructure Protection Plan, the modal annexes to such plan, or relevant surface transportation security programs, policies, or initiatives; and

“(F) may contain a classified annex.

“(2) Protections.—In preparing the report, the Administrator shall take appropriate actions to safeguard information described by section 552(b) of title 5, United States Code, or protected from disclosure by any other law of the United States.

“(d) Updates.—Not less frequently than semiannually, the Administrator shall report to or brief the appropriate committees of Congress on the vulnerabilities of and risks to surface transportation systems and how those vulnerabilities and risks affect the risk-based security strategy.”

[For definitions of terms used in section 1964 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Risk-Based Budgeting and Resource AllocationPub. L. 115–254, div. K, title I, § 1965, Oct. 5, 2018, 132 Stat. 3606, provided that:
“(a) Report.—In conjunction with the submission of the Department’s annual budget request to the Office of Management and Budget, the Administrator shall submit to the appropriate committees of Congress a report that describes a risk-based budget and resource allocation plan for surface transportation sectors, within and across modes, that—“(1) reflects the risk-based surface transportation security strategy under section 1964(b) [set out as a note above]; and

“(2) is organized by appropriations account, program, project, and initiative.

“(b) Budget Transparency.—In submitting the annual budget of the United States Government under section 1105 of title 31, United States Code, the President shall clearly distinguish the resources requested for surface transportation security from the resources requested for aviation security.

“(c) Resource Reallocation.—“(1) In general.—Not later than 15 days after the date on which the Transportation Security Administration allocates any resources or personnel, including personnel sharing, detailing, or assignment, or the use of facilities, technology systems, or vetting resources, for a nontransportation security purpose or National Special Security Event (as defined in section 2001 of Homeland Security Act of 2002 (6 U.S.C. 601)), the Secretary shall provide the notification described in paragraph (2) to the appropriate committees of Congress.

“(2) Notification.—A notification described in this paragraph shall include—“(A) the reason for and a justification of the resource or personnel allocation;

“(B) the expected end date of the resource or personnel allocation; and

“(C) the projected cost to the Transportation Security Administration of the personnel or resource allocation.

“(d) 5-year Capital Investment Plan.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a 5-year capital investment plan, consistent with the 5-year technology investment plan under section 1611 of title XVI of the Homeland Security Act of 2002 [6 U.S.C. 563], as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113–245; 128 Stat. 2871).”

[For definitions of terms used in section 1965 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

TransparencyPub. L. 115–254, div. K, title I, § 1967, Oct. 5, 2018, 132 Stat. 3607, provided that:
“(a) Regulations.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], and every 180 days thereafter, the Administrator [of the Transportation Security Administration] shall publish on a public website information regarding the status of each regulation relating to surface transportation security that is directed by law to be issued and that has not been issued if not less than 2 years have passed since the date of enactment of the law.

“(2) Contents.—The information published under paragraph (1) shall include—“(A) an updated rulemaking schedule for the outstanding regulation;

“(B) current staff allocations;

“(C) data collection or research relating to the development of the rulemaking;

“(D) current efforts, if any, with security experts, advisory committees, and other stakeholders; and

“(E) other relevant details associated with the development of the rulemaking that impact the progress of the rulemaking.

“(b) Inspector General Review.—Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter until all of the requirements under titles XIII [6 U.S.C. 1111 et seq.], XIV [6 U.S.C. 1131 et seq.], and XV [6 U.S.C. 1151 et seq.] of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) and under this title [see Tables for classification] have been fully implemented, the Inspector General of the Department shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report that—“(1) identifies the requirements under such titles of that Act and under this title that have not been fully implemented;

“(2) describes what, if any, additional action is necessary; and

“(3) includes recommendations regarding whether any of the requirements under such titles of that Act or this title should be amended or repealed.”

TSA Counterterrorism Asset DeploymentPub. L. 115–254, div. K, title I, § 1968(a), Oct. 5, 2018, 132 Stat. 3608, provided that:
“(1) In general.—If the Administrator [of the Transportation Security Administration] deploys any counterterrorism personnel or resource, such as explosive detection sweeps, random bag inspections, or patrols by Visible Intermodal Prevention and Response teams, to enhance security at a transportation system or transportation facility for a period of not less than 180 consecutive days, the Administrator shall provide sufficient notification to the system or facility operator, as applicable, not less than 14 days prior to terminating the deployment.

“(2) Exception.—This subsection shall not apply if the Administrator—“(A) determines there is an urgent security need for the personnel or resource described in paragraph (1); and

“(B) notifies the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the determination under subparagraph (A).”

Best Practices To Secure Against Vehicle-Based AttacksPub. L. 115–254, div. K, title I, § 1982, Oct. 5, 2018, 132 Stat. 3620, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall disseminate best practices to public and private stakeholders regarding how to enhance transportation security against the threat of a vehicle-based terrorist attack.”

Risk ScenariosPub. L. 115–254, div. K, title I, § 1986, Oct. 5, 2018, 132 Stat. 3621, provided that:
“(a) In General.—The Administrator shall annually develop, consistent with the transportation modal security plans required under section 114(s) of title 49, United States Code, risk-based priorities based on risk assessments conducted or received by the Secretary across all transportation modes that consider threats, vulnerabilities, and consequences.

“(b) Scenarios.—The Administrator shall ensure that the risk-based priorities identified under subsection (a) are informed by an analysis of terrorist attack scenarios for each transportation mode, including cyber-attack scenarios and intelligence and open source information about current and evolving threats.

“(c) Report.—Not later than 120 days after the date that annual risk-based priorities are developed under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that includes the following:“(1) Copies of the risk assessments for each transportation mode.

“(2) A summary that ranks the risks within and across modes.

“(3) A description of the risk-based priorities for securing the transportation sector that identifies and prioritizes the greatest security needs of such transportation sector, both across and within modes, in the order that such priorities should be addressed.

“(4) Information on the underlying methodologies used to assess risks across and within each transportation mode and the basis for any assumptions regarding threats, vulnerabilities, and consequences made in assessing and prioritizing risks within each such mode and across modes.

“(d) Classification.—The information provided under subsection (c) may be submitted in a classified format or unclassified format, as the Administrator considers appropriate.”

[For definitions of terms used in section 1986 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Integrated and Unified Operations CentersPub. L. 115–254, div. K, title I, § 1987, Oct. 5, 2018, 132 Stat. 3622, provided that:
“(a) Framework.—Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator, in consultation with the heads of other appropriate offices or components of the Department, shall make available to public and private stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes, as determined appropriate by the Administrator.

“(b) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress regarding the establishment and activities of integrated and unified operations centers at transportation facilities at which the TSA has a presence.”

[For definitions of terms used in section 1987 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Information Sharing and CybersecurityPub. L. 115–254, div. K, title I, § 1989, Oct. 5, 2018, 132 Stat. 3624, provided that:
“(a) Federal Security Directors.—
[Amended section 44933 of this title.]

“(b) Plan to Improve Information Sharing.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall develop a plan to improve intelligence information sharing with State and local transportation entities that includes best practices to ensure that the information shared is actionable, useful, and not redundant.

“(2) Contents.—The plan required under paragraph (1) shall include the following:“(A) The incorporation of best practices for information sharing.

“(B) The identification of areas of overlap and redundancy.

“(C) An evaluation and incorporation of stakeholder input in the development of such plan.

“(D) The integration of any recommendations of the Comptroller General of the United States on information sharing.

“(3) Solicitation.—The Administrator shall solicit on an annual basis input from appropriate stakeholders, including State and local transportation entities, on the quality and quantity of intelligence received by such stakeholders relating to information sharing.

“(c) Best Practices Sharing.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a mechanism to share with State and local transportation entities best practices from across the law enforcement spectrum, including Federal, State, local, and tribal entities, that relate to employee training, employee professional development, technology development and deployment, hardening tactics, and passenger and employee awareness programs.

“(2) Consultation.—The Administrator shall solicit and incorporate stakeholder input—“(A) in developing the mechanism for sharing best practices as required under paragraph (1); and

“(B) not less frequently than annually on the quality and quantity of information such stakeholders receive through the mechanism established under such paragraph.

“(d) Cybersecurity.—“(1) In general.—The Administrator, in consultation with the Secretary, shall—“(A) not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], implement the Framework for Improving Critical Infrastructure Cybersecurity (referred to in this section as the ‘Framework’ developed by the National Institute of Standards and Technology, and any update to such Framework under section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272), to manage the agency’s cybersecurity risks; and

“(B) evaluate, on a periodic basis, but not less often than biennially, the use of the Framework under subparagraph (A).

“(2) Cybersecurity enhancements to aviation security activities.—The Secretary, in consultation with the Secretary of Transportation, shall, upon request, conduct cybersecurity vulnerability assessments for airports and air carriers.

“(3) TSA trusted traveler and credentialing program cyber evaluation.—“(A) Evaluation required.—Not later than 120 days after the date of enactment of this Act, the Secretary shall—“(i) evaluate the cybersecurity of TSA trusted traveler and credentialing programs that contain personal information of specific individuals or information that identifies specific individuals, including the Transportation Worker Identification Credential and PreCheck programs;

“(ii) identify any cybersecurity risks under the programs described in clause (i); and

“(iii) develop remediation plans to address the cybersecurity risks identified under clause (ii).

“(B) Submission to congress.—Not later than 30 days after the date the evaluation under subparagraph (A) is complete, the Secretary shall submit to the appropriate committees of Congress information relating to such evaluation, including any cybersecurity vulnerabilities identified and remediation plans to address such vulnerabilities. Such submission shall be provided in a classified form.

“(4) Definitions.—In this subsection, the terms ‘cybersecurity risk’ and ‘incident’ have the meanings given the terms in section 227 [now section 2209] of the Homeland Security Act of 2002 (6 U.S.C. 148) [now 6 U.S.C. 659].”

[For definitions of terms used in section 1989 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Safeguarding and Disposal of Personal Information of Registered Traveler Program ParticipantsPub. L. 114–4, title V, § 536, Mar. 4, 2015, 129 Stat. 67, provided that:
“(a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall hereafter safeguard and dispose of such information in accordance with the requirements in—“(1) the National Institute for Standards and Technology Special Publication 800–30, entitled ‘Risk Management Guide for Information Technology Systems’;

“(2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled ‘Recommended Security Controls for Federal Information Systems and Organizations’; and

“(3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the ‘Administrator’).

“(b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall hereafter be known as the ‘Sponsoring Entity’.

“(c) The Administrator shall hereafter require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act [Mar. 4, 2015], to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements.”

Registered Traveler Programs and Biometrically-Secure CardsPub. L. 110–161, div. E, title V, § 571, Dec. 26, 2007, 121 Stat. 2093, provided that: “Effective no later than ninety days after the date of enactment of this Act [Dec. 26, 2007], the Transportation Security Administration shall permit approved members of Registered Traveler programs to satisfy fully the required identity verification procedures at security screening checkpoints by presenting a biometrically-secure Registered Traveler card in lieu of the government-issued photo identification document required of non-participants: Provided, That if their identity is not confirmed biometrically, the standard identity and screening procedures will apply: Provided further, That if the Assistant Secretary (Transportation Security Administration) determines this is a threat to civil aviation, then the Assistant Secretary (Transportation Security Administration) shall notify the Committees on Appropriations of the Senate and House of Representatives five days in advance of such determination and require Registered Travelers to present government-issued photo identification documents in conjunction with a biometrically-secure Registered Traveler card.”

Congressional Oversight of Security Assurance for Public and Private StakeholdersPub. L. 110–53, title XII, § 1203(b), Aug. 3, 2007, 121 Stat. 385, as amended by Pub. L. 115–254, div. K, title I, § 1904(b)(2), Oct. 5, 2018, 132 Stat. 3545, provided that:
“(1) In general.—Except as provided in paragraph (2), the Secretary [of Homeland Security] shall provide a semiannual report to the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that includes—“(A) the number of public and private stakeholders who were provided with each report;

“(B) a description of the measures the Secretary has taken to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the Plan; and

“(C) an explanation of the reason for the denial of transportation security information to any stakeholder who had previously received such information.

“(2) No report required if no changes in stakeholders.—The Secretary is not required to provide a semiannual report under paragraph (1) if no stakeholders have been added to or removed from the group of persons with whom transportation security information is shared under the plan [probably should be “Plan”] since the end of the period covered by the last preceding semiannual report.”

Specialized TrainingPub. L. 110–53, title XVI, § 1611, Aug. 3, 2007, 121 Stat. 485, provided that: “The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered transportation security measures.”

Inapplicability of Personnel Limitations After Fiscal Year 2007Pub. L. 110–53, title XVI, § 1612, Aug. 3, 2007, 121 Stat. 485, provided that:
“(a) In General.—Notwithstanding any provision of law, any statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the Department of Homeland Security from the Department of Transportation, does not apply after fiscal year 2007.

“(b) Aviation Security.—Notwithstanding any provision of law imposing a limitation on the recruiting or hiring of personnel into the Transportation Security Administration to a maximum number of permanent positions, the Secretary of Homeland Security shall recruit and hire such personnel into the Administration as may be necessary—“(1) to provide appropriate levels of aviation security; and

“(2) to accomplish that goal in such a manner that the average aviation security-related delay experienced by airline passengers is reduced to a level of less than 10 minutes.”

Lease of Property to Transportation Security Administration EmployeesPub. L. 109–90, title V, § 514, Oct. 18, 2005, 119 Stat. 2084, provided that: “Notwithstanding section 3302 of title 31, United States Code, for fiscal year 2006 and thereafter, the Administrator of the Transportation Security Administration may impose a reasonable charge for the lease of real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts received to the appropriation or fund initially charged for operating and maintaining the property, which amounts shall be available, without fiscal year limitation, for expenditure for property management, operation, protection, construction, repair, alteration, and related activities.”

Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, § 516, Oct. 18, 2004, 118 Stat. 1318.

Acquisition Management System of the Transportation Security AdministrationPub. L. 109–90, title V, § 515, Oct. 18, 2005, 119 Stat. 2084, provided that: “For fiscal year 2006 and thereafter, the acquisition management system of the Transportation Security Administration shall apply to the acquisition of services, as well as equipment, supplies, and materials.”

Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, § 517, Oct. 18, 2004, 118 Stat. 1318.

Registered Traveler Program FeePub. L. 109–90, title V, § 540, Oct. 18, 2005, 119 Stat. 2088, provided that: “For fiscal year 2006 and thereafter, notwithstanding section 553 of title 5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program undertaken by the Department of Homeland Security by notice in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration registered traveler fee account, to be available until expended.”

Enhanced Security MeasuresPub. L. 107–71, title I, § 109, Nov. 19, 2001, 115 Stat. 613, as amended by Pub. L. 107–296, title XIV, § 1403(b), Nov. 25, 2002, 116 Stat. 2306, provided that:
“(a) In General.—The Under Secretary of Transportation for Security [now the Administrator of the Transportation Security Administration] may take the following actions:“(1) Require effective 911 emergency call capability for telephones serving passenger aircraft and passenger trains.

“(2) Establish a uniform system of identification for all State and local law enforcement personnel for use in obtaining permission to carry weapons in aircraft cabins and in obtaining access to a secured area of an airport, if otherwise authorized to carry such weapons.

“(3) Establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such programs, thereby allowing security screening personnel to focus on those passengers who should be subject to more extensive screening.

“(4) In consultation with the Commissioner of the Food and Drug Administration, develop alternative security procedures under which a medical product to be transported on a flight of an air carrier would not be subject to an inspection that would irreversibly damage the product.

“(5) Provide for the use of technologies, including wireless and wire line data technologies, to enable the private and secure communication of threats to aid in the screening of passengers and other individuals on airport property who are identified on any State or Federal security-related data base for the purpose of having an integrated response coordination of various authorized airport security forces.

“(6) In consultation with the Administrator of the Federal Aviation Administration, consider whether to require all pilot licenses to incorporate a photograph of the license holder and appropriate biometric imprints.

“(7) Provide for the use of voice stress analysis, biometric, or other technologies to prevent a person who might pose a danger to air safety or security from boarding the aircraft of an air carrier or foreign air carrier in air transportation or intrastate air transportation.

“(8) Provide for the use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.

“(9) Require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilots.

“(b) Report.—Not later than 6 months after the date of enactment of this Act [Nov. 19, 2001], and annually thereafter until the Under Secretary [now the Administrator of the Transportation Security Administration] has implemented or decided not to take each of the actions specified in subsection (a), the Under Secretary shall transmit to Congress a report on the progress of the Under Secretary in evaluating and taking such actions, including any legislative recommendations that the Under Secretary may have for enhancing transportation security.”

[For definitions of terms used in section 109 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]

§ 115. Transportation Security Oversight Board(a) In General.—There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”.

(b) Membership.—(1) Number and appointment.—The Board shall be composed of 7 members as follows:(A) The Secretary of Homeland Security, or the Secretary’s designee.

(B) The Secretary of Transportation, or the Secretary’s designee.

(C) The Attorney General, or the Attorney General’s designee.

(D) The Secretary of Defense, or the Secretary’s designee.

(E) The Secretary of the Treasury, or the Secretary’s designee.

(F) The Director of National Intelligence, or the Director’s designee.

(G) One member appointed by the President to represent the National Security Council.

(2) Chairperson.—The Chairperson of the Board shall be the Secretary of Homeland Security.

(c) Duties.—The Board shall—(1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;

(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;

(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;

(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;

(5) review plans for transportation security;

(6) make recommendations to the Administrator regarding matters reviewed under paragraph (5).

(d) Quarterly Meetings.—The Board shall meet at least quarterly.

(e) Consideration of Security Information.—A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,11 So in original. The word “information” probably should be inserted. sensitive security information, or information protected in accordance with section 40119(b),22 See References in Text note below. will be discussed.

(Added Pub. L. 107–71, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107–296, title IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111–259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115–254, div. K, title I, § 1991(b), Oct. 5, 2018, 132 Stat. 3626.)

References in TextSection 40119 of this title, referred to in subsec. (e), was repealed by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.

Amendments2018—Subsec. (c)(1). Pub. L. 115–254, § 1991(b)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for security”.
Subsec. (c)(6). Pub. L. 115–254, § 1991(b)(2), substituted “Administrator” for “Under Secretary”.
2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The Director of the Central Intelligence Agency, or the Director’s designee.”
2002—Subsec. (a). Pub. L. 107–296, § 426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”.
Subsec. (b)(1). Pub. L. 107–296, § 426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.”
Subsec. (b)(2). Pub. L. 107–296, § 426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§ 116. National Surface Transportation and Innovative Finance Bureau(a) Establishment.—The Secretary of Transportation shall establish a National Surface Transportation and Innovative Finance Bureau in the Department.

(b) Purposes.—The purposes of the Bureau shall be—(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1);

(2) to administer the application processes for programs within the Department in accordance with subsection (d);

(3) to promote innovative financing best practices in accordance with subsection (e);

(4) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f); and

(5) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g).

(c) Executive Director.—(1) Appointment.—The Bureau shall be headed by an Executive Director, who shall be appointed in the competitive service by the Secretary, with the approval of the President.

(2) Duties.—The Executive Director shall—(A) report to the Under Secretary of Transportation for Policy;

(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau;

(C) support the Council on Credit and Finance established under section 117 in accordance with this section; and

(D) carry out such additional duties as the Secretary may prescribe.

(d) Administration of Certain Application Processes.—(1) In general.—The Bureau shall administer the application processes for the following programs:(A) The infrastructure finance programs authorized under chapter 6 of title 23.

(B) The railroad rehabilitation and improvement financing program authorized under sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823).

(C) Amount allocations authorized under section 142(m) of the Internal Revenue Code of 1986.

(D) The nationally significant freight and highway projects program under section 117 of title 23.

(2) Congressional notification.—The Executive Director shall ensure that the congressional notification requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.

(3) Reports.—The Executive Director shall ensure that the reporting requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.

(4) Coordination.—In administering the application processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the Department and its modal administrations responsible for administering such programs.

(5) Streamlining approval processes.—Not later than 1 year after the date of enactment of this section, the Executive Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a report that—(A) evaluates the application processes for the programs referred to in paragraph (1);

(B) identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing Federal oversight; and

(C) describes how the Executive Director will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.

(6) Procedures and transparency.—(A) Procedures.—With respect to the programs referred to in paragraph (1), the Executive Director shall—(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance;

(ii) establish procedures for addressing late-arriving applications, as applicable, and communicating the Bureau’s decisions for accepting or rejecting late applications to the applicant and the public; and

(iii) document major decisions in the application evaluation process through a decision memorandum or similar mechanism that provides a clear rationale for such decisions.

(B) Review.—(i) In general.—The Comptroller General of the United States shall review the compliance of the Executive Director with the requirements of this paragraph.

(ii) Recommendations.—The Comptroller General may make recommendations to the Executive Director in order to improve compliance with the requirements of this paragraph.

(iii) Report.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under clause (i), including findings and recommendations for improvement.

(e) Innovative Financing Best Practices.—(1) In general.—The Bureau shall work with the modal administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative financing and public-private partnerships.

(2) Activities.—The Bureau shall carry out paragraph (1)—(A) by making Federal credit assistance programs more accessible to eligible recipients;

(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding;

(C) by sharing innovative financing best practices and case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing methods; and

(D) by developing and monitoring—(i) best practices with respect to standardized State public-private partnership authorities and practices, including best practices related to—(I) accurate and reliable assumptions for analyzing public-private partnership procurements;

(II) procedures for the handling of unsolicited bids;

(III) policies with respect to noncompete clauses; and

(IV) other significant terms of public-private partnership procurements, as determined appropriate by the Bureau;

(ii) standard contracts for the most common types of public-private partnerships for transportation facilities; and

(iii) analytical tools and other techniques to aid eligible entities in determining the appropriate project delivery model, including a value for money analysis.

(3) Transparency.—The Bureau shall—(A) ensure the transparency of a project receiving credit assistance under a program referred to in subsection (d)(1) and procured as a public-private partnership by—(i) requiring the sponsor of the project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership;

(ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant public-private partnership agreement, to be made publicly available by the project sponsor at an appropriate time;

(iii) not later than 3 years after the date of completion of the project, requiring the sponsor of the project to conduct a review regarding whether the private partner is meeting the terms of the relevant public-private partnership agreement; and

(iv) providing a publicly available summary of the total level of Federal assistance in such project; and

(B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and requirements related to public-private partnerships.

(4) Support to project sponsors.—At the request of an eligible entity, the Bureau shall provide technical assistance to the eligible entity regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable analysis.

(f) Environmental Review and Permitting.—(1) In general.—The Bureau shall take actions that are appropriate and consistent with the Department’s goals and policies to improve the delivery timelines for projects carried out under the programs referred to in subsection (d)(1).

(2) Activities.—The Bureau shall carry out paragraph (1)—(A) by serving as the Department’s liaison to the Council on Environmental Quality;

(B) by coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;

(C) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and innovative approaches to the delivery of projects; and

(D) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969.

(3) Support to project sponsors.—At the request of an eligible entity that is carrying out a project under a program referred to in subsection (d)(1), the Bureau, in coordination with the appropriate modal administrations within the Department, shall provide technical assistance with regard to the compliance of the project with the requirements of the National Environmental Policy Act 1969 and relevant Federal environmental permits.

(g) Project Procurement.—(1) In general.—The Bureau shall promote best practices in procurement for a project receiving assistance under a program referred to in subsection (d)(1) by developing, in coordination with modal administrations within the Department as appropriate, procurement benchmarks in order to ensure accountable expenditure of Federal assistance over the life cycle of the project.

(2) Procurement benchmarks.—To the maximum extent practicable, the procurement benchmarks developed under paragraph (1) shall—(A) establish maximum thresholds for acceptable project cost increases and delays in project delivery;

(B) establish uniform methods for States to measure cost and delivery changes over the life cycle of a project; and

(C) be tailored, as necessary, to various types of project procurements, including design-bid-build, design-build, and public-private partnerships.

(3) Data collection.—The Bureau shall—(A) collect information related to procurement benchmarks developed under paragraph (1), including project specific information detailed under paragraph (2); and

(B) provide on a publicly accessible Internet Web site of the Department a report on the information collected under subparagraph (A).

(h) Elimination and Consolidation of Duplicative Offices.—(1) Elimination of offices.—The Secretary may eliminate any office within the Department if the Secretary determines that—(A) the purposes of the office are duplicative of the purposes of the Bureau; and

(B) the elimination of the office does not adversely affect the obligations of the Secretary under any Federal law.

(2) Consolidation of offices and office functions.—The Secretary may consolidate any office or office function within the Department into the Bureau that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Bureau.

(3) Staffing and budgetary resources.—(A) In general.—The Secretary shall ensure that the Bureau is adequately staffed and funded.

(B) Staffing.—The Secretary may transfer to the Bureau a position within the Department from any office that is eliminated or consolidated under this subsection if the Secretary determines that the position is necessary to carry out the purposes of the Bureau.

(C) Savings provision.—If the Secretary transfers a position to the Bureau under subparagraph (B), the Secretary, in coordination with the appropriate modal administration, shall ensure that the transfer of the position does not adversely affect the obligations of the modal administration under any Federal law.

(D) Budgetary resources.—(i) Transfer of funds from eliminated or consolidated offices.—The Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated or consolidated under this subsection to carry out the purposes of the Bureau. Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.

(ii) Transfer of funds allocated to administrative costs.—The Secretary may transfer to the Bureau funds allocated to the administrative costs of processing applications for the programs referred to in subsection (d)(1). Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.

(4) Notification.—Not later than 90 days after the date of enactment of this section, and every 90 days thereafter, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate of—(A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices;

(B) the offices and office functions consolidated under paragraph (2) and the rationale for consolidation of the offices and office functions;

(C) the actions taken under paragraph (3) and the rationale for taking such actions; and

(D) any additional legislative actions that may be needed.

(i) Savings Provisions.—(1) Laws and regulations.—Nothing in this section may be construed to change a law or regulation with respect to a program referred to in subsection (d)(1).

(2) Responsibilities.—Nothing in this section may be construed to abrogate the responsibilities of an agency, operating administration, or office within the Department otherwise charged by a law or regulation with other aspects of program administration, oversight, or project approval or implementation for the programs and projects subject to this section.

(3) Applicability.—Nothing in this section may be construed to affect any pending application under 1 or more of the programs referred to in subsection (d)(1) that was received by the Secretary on or before the date of enactment of this section.

(j) Definitions.—In this section, the following definitions apply:(1) Bureau.—The term “Bureau” means the National Surface Transportation and Innovative Finance Bureau of the Department.

(2) Department.—The term “Department” means the Department of Transportation.

(3) Eligible entity.—The term “eligible entity” means an eligible applicant receiving financial or credit assistance under 1 or more of the programs referred to in subsection (d)(1).

(4) Executive director.—The term “Executive Director” means the Executive Director of the Bureau.

(5) Multimodal project.—The term “multimodal project” means a project involving the participation of more than 1 modal administration or secretarial office within the Department.

(6) Project.—The term “project” means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project.

(Added Pub. L. 114–94, div. A, title IX, § 9001(a), Dec. 4, 2015, 129 Stat. 1612; amended Pub. L. 115–56, div. D, § 164(a), as added Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 121.)

References in TextSection 142 of the Internal Revenue Code of 1986, referred to in subsec. (d)(1)(C), is classified to section 142 of Title 26, Internal Revenue Code.
The date of enactment of this section, referred to in subsecs. (d)(5), (6)(B)(iii), (h)(4), and (i)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
The National Environmental Policy Act of 1969, referred to in subsec. (f)(2)(D), (3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments2018—Subsec. (h)(3)(D)(i), (ii). Pub. L. 115–56, § 164(a), as added by Pub. L. 115–123, § 20101(2), substituted “The” for “During the 2-year period beginning on the date of enactment of this section, the” and inserted at end “Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.”

Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§ 117. Council on Credit and Finance(a) Establishment.—The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.

(b) Membership.—(1) In general.—The Council shall be composed of the following members:(A) The Deputy Secretary of Transportation.

(B) The Under Secretary of Transportation for Policy.

(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.

(D) The General Counsel of the Department of Transportation.

(E) The Assistant Secretary for Transportation Policy.

(F) The Administrator of the Federal Highway Administration.

(G) The Administrator of the Federal Transit Administration.

(H) The Administrator of the Federal Railroad Administration.

(2) Additional members.—The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.

(3) Chairperson and vice chairperson.—(A) Chairperson.—The Deputy Secretary of Transportation shall serve as the chairperson of the Council.

(B) Vice chairperson.—The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.

(4) Executive director.—The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.

(c) Duties.—The Council shall—(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);

(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;

(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;

(4) review, on a regular basis, projects that received assistance under such programs; and

(5) carry out such additional duties as the Secretary may prescribe.

(Added Pub. L. 114–94, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.)

Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

CHAPTER 3—GENERAL DUTIES AND POWERS

SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec.

301.Leadership, consultation, and cooperation.

302.Policy standards for transportation.

303.Policy on lands, wildlife and waterfowl refuges, and historic sites.

303a.Development of water transportation.

304.Application of categorical exclusions for multimodal projects.

304a.Accelerated decisionmaking in environmental reviews.

305.Transportation investment standards and criteria.

306.Prohibited discrimination.

307.Improving State and Federal agency engagement in environmental reviews.

308.Reports.

309.High-speed ground transportation.

310.Aligning Federal environmental reviews.

311.Congressional notification requirements.

312.Alternative timing system.

SUBCHAPTER II—ADMINISTRATIVE

321.Definitions.

322.General powers.

323.Personnel.

324.Members of the armed forces.

325.Advisory committees.

326.Gifts.

327.Administrative working capital fund.

328.Transportation Systems Center working capital fund.

329.Transportation information.

330.Research activities.

331.Service, supplies, and facilities at remote places.

332.Minority Resource Center.

333.Responsibility for rail transportation unification and coordination projects.

[334, 335.Repealed.]

336.Civil penalty procedures.

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 powers.

352.Authority to carry out certain transferred duties and powers.

353.Toxicological testing of officers and employees.

354.Investigative authority of Inspector General.

Amendments2018—Pub. L. 115–282, title V, § 514(c), Dec. 4, 2018, 132 Stat. 4278, which directed amendment of the analysis for this chapter by adding item 312 at the end, was executed by adding item 312 at the end of the item for subchapter I, to reflect the probable intent of Congress.
2016—Pub. L. 114–322, title IV, § 5001(b), Dec. 16, 2016, 130 Stat. 1885, added item 311.
2015—Pub. L. 114–94, div. A, title I, §§ 1311(b), 1312(b), 1313(b), title VI, § 6011(c), Dec. 4, 2015, 129 Stat. 1399, 1400, 1402, 1569, added items 304a, 307, and 310 and substituted “Research activities” for “Research contracts” in item 330.
Pub. L. 114–94, div. A, title I, § 1446(d)(4), Dec. 4, 2015, 129 Stat. 1438, amended section 1314(b) of Pub. L. 112–141, effective July 6, 2012, as if included in Pub. L. 112–141 as enacted. See 2012 Amendment note below.
2012—Pub. L. 112–141, div. A, title I, § 1314(b), div. C, title II, § 32932(a)(2), July 6, 2012, 126 Stat. 549, 829, as amended by Pub. L. 114–94, div. A, title I, § 1446(d)(4), Dec. 4, 2015, 129 Stat. 1438, substituted “Application of categorical exclusions for multimodal projects” for “Joint activities with the Secretary of Housing and Urban Development” in item 304 and struck out item 307 “Safety information and intervention in Interstate Commerce Commission proceedings”.
2003—Pub. L. 108–168, § 8(b)(2), Dec. 6, 2003, 117 Stat. 2035, added item 354.
1994—Pub. L. 103–272, § 4(j)(6)(B), (9)(B), (10)(B), July 5, 1994, 108 Stat. 1366–1368, added item 303a, struck out items 334 “Limit on aviation charges” and 335 “Authorization of appropriations”, and added item 337, subchapter III heading, and items 351 to 353.
1991—Pub. L. 102–240, title I, § 1036(c)(2), Dec. 18, 1991, 105 Stat. 1985, added item 309.
1989—Pub. L. 101–225, title III, § 305(2), Dec. 12, 1989, 103 Stat. 1925, added item 336.
1984—Pub. L. 98–216, § 2(1)(B), Feb. 14, 1984, 98 Stat. 5, substituted “Reports” for “Annual reports” in item 308.

SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
§ 301. Leadership, consultation, and cooperation
The Secretary of Transportation shall—(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;

(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;

(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;

(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;

(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;

(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;

(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;

(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and

(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102–240, title V, § 5002(a), title VI, § 6017, Dec. 18, 1991, 105 Stat. 2158, 2183; Pub. L. 105–178, title I, § 1504, June 9, 1998, 112 Stat. 251.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

30149:1653(a).Oct. 15, 1966, Pub. L. 89–670, § 4(a), 80 Stat. 933.

In the introductory clause before “shall”, the words “in carrying out the purposes of this chapter . . . among his responsibilities” are omitted as surplus.
In clause (4), the word “compiling” is substituted for “gathering” for consistency.

Amendments1998—Par. (9). Pub. L. 105–178 added par. (9).
1991—Pars. (3) to (5). Pub. L. 102–240, § 5002(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Par. (6). Pub. L. 102–240, §§ 5002(a), 6017, redesignated par. (5) as (6) and inserted “, and including basic highway vehicle science”. Former par. (6) redesignated (7).
Pars. (7), (8). Pub. L. 102–240, § 5002(a), redesignated pars. (6) and (7) as (7) and (8), respectively.

National Advisory Committee on Travel and Tourism InfrastructurePub. L. 114–94, div. A, title I, § 1431, Dec. 4, 2015, 129 Stat. 1427, provided that:
“(a) Findings.—Congress finds that—“(1) 1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;

“(2) the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;

“(3) international travel to the United States is the single largest export industry in the United States, generating a trade surplus balance of approximately $74,000,000,000;

“(4) travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and

“(5) the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.

“(b) Establishment.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall establish an advisory committee to be known as the National Advisory Committee on Travel and Tourism Infrastructure (referred to in this section as the ‘Committee’) to provide information, advice, and recommendations to the Secretary on matters relating to the role of intermodal transportation in facilitating mobility related to travel and tourism activities.

“(c) Membership.—The Committee shall—“(1) be composed of members appointed by the Secretary for terms of not more than 3 years; and

“(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—“(A) the travel and tourism industry, product and service providers, and travel and tourism-related associations;

“(B) travel, tourism, and destination marketing organizations;

“(C) the travel and tourism-related workforce;

“(D) State tourism offices;

“(E) State departments of transportation;

“(F) regional and metropolitan planning organizations; and

“(G) local governments.

“(d) Role of Committee.—The Committee shall—“(1) advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the intermodal transportation network of the United States to facilitate travel and tourism;

“(2) serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;

“(3) promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;

“(4) gather information, develop technical advice, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that—“(A) is safe, economical, and efficient; and

“(B) maximizes the benefits to the United States generated through the travel and tourism industry;

“(5) identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;

“(6) provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;

“(7) provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and

“(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.

“(e) National Travel and Tourism Infrastructure Strategic Plan.—Not later than 3 years after the date of enactment of this Act [Dec. 4, 2015], the Secretary, in consultation with the Committee, State departments of transportation, and other appropriate public and private transportation stakeholders, shall develop and post on the public Internet website of the Department a national travel and tourism infrastructure strategic plan that includes—“(1) an assessment of the condition and performance of the national transportation network;

“(2) an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism;

“(3) forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;

“(4) an identification of the major transportation facilities and corridors for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;

“(5) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);

“(6) best practices for improving the performance of the national transportation network; and

“(7) strategies to improve intermodal connectivity for long-haul passenger travel and tourism.”

Collaboration and SupportPub. L. 114–94, div. A, title VI, § 6024, Dec. 4, 2015, 129 Stat. 1585, provided that: “The Secretary [of Transportation] may solicit the support of, and identify opportunities to collaborate with, other Federal research agencies and national laboratories to assist in the effective and efficient pursuit and resolution of research challenges identified by the Secretary.”

Public-Private PartnershipsPub. L. 112–141, div. A, title I, § 1534, July 6, 2012, 126 Stat. 584, provided that:
“(a) Best Practices.—The Secretary [of Transportation] shall compile, and make available to the public on the website of the Department [of Transportation], best practices on how States, public transportation agencies, and other public officials can work with the private sector in the development, financing, construction, and operation of transportation facilities.

“(b) Contents.—The best practices compiled under subsection (a) shall include polices and techniques to ensure that the interests of the traveling public and State and local governments are protected in any agreement entered into with the private sector for the development, financing, construction, and operation of transportation facilities.

“(c) Technical Assistance.—The Secretary, on request, may provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public-private partnership agreements for the development, financing, construction, and operation of transportation facilities, including assistance in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery methods.

“(d) Standard Transaction Contracts.—“(1) Development.—Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships for the development, financing, construction, and operation of transportation facilities.

“(2) Use.—The Secretary shall encourage States, public transportation agencies, and other public officials to use the model contracts as a base template when developing their own public-private partnership agreements for the development, financing, construction, and operation of transportation facilities.”

Vessel Transfer AuthorityPub. L. 109–364, div. C, title XXXV, § 3504, Oct. 17, 2006, 120 Stat. 2516, provided that: “The Secretary of Transportation may transfer or otherwise make available without reimbursement to any other department a vessel under the jurisdiction of the Department of Transportation, upon request by the Secretary of the department that receives the vessel.”

Budget JustificationPub. L. 112–141, div. A, title I, § 1532, July 6, 2012, 126 Stat. 583, provided that: “The Secretary [of Transportation] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification for each agency of the Department concurrently with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code.”

Pub. L. 109–59, title I, § 1926, Aug. 10, 2005, 119 Stat. 1483, as amended by Pub. L. 110–244, title I, § 108(a), June 6, 2008, 122 Stat. 1602, provided that: “Notwithstanding any other provision of law, the Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code.”

Coordinated Transportation ServicesPub. L. 105–178, title III, § 3034, June 9, 1998, 112 Stat. 386, provided that:
“(a) Study.—The Comptroller General shall conduct a study of Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services.

“(b) Contents.—In conducting the study, the Comptroller General shall—“(1) identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act [June 9, 1998];

“(2) identify the amount of such assistance received by each Federal department and agency in such fiscal years; and

“(3) identify the projects and activities funded using such financial assistance.

“(c) Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the results of the study and any recommendations for enhanced coordination between the Department of Transportation and other Federal departments and agencies that provide funding for non-emergency transportation.”

Establishment of Nationwide Differential Global Positioning SystemPub. L. 105–66, title III, § 346, Oct. 27, 1997, 111 Stat. 1449, provided that:
“(a) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as ‘GWEN’) as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the ‘Nationwide Differential Global Positioning System’ (referred to in this section as ‘NDGPS’).

“(b) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may—“(1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);

“(2) to the maximum extent practicable, use contractor services to install the NDGPS;

“(3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);

“(4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as ‘CORS’) system of the National Geodetic Survey of the Department of Commerce; and

“(5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.

“(c) The Secretary of Transportation may—“(1) manage and operate the NDGPS;

“(2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and

“(3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.

“(d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.

“(e) The Secretary of Transportation may—“(1) in cooperation with appropriate representatives of private industries and universities and officials of State governments—“(A) investigate improvements (including potential improvements) to the NDGPS;

“(B) develop standards for the NDGPS; and

“(C) sponsor the development of new applications for the NDGPS; and

“(2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of—“(A) the Federal Government;

“(B) State and local governments; and

“(C) the general public.”

Intermodal Transportation Advisory Board and Office of IntermodalismPub. L. 102–240, title V, § 5002(b), (c), Dec. 18, 1991, 105 Stat. 2158, which provided for establishment within the Office of the Secretary of Transportation of an Intermodal Transportation Advisory Board to make recommendations for carrying out responsibilities of the Secretary concerning the coordination of Federal policy on intermodal transportation, and for establishment within the Office of the Secretary of an Office of Intermodalism to develop intermodal transportation data, to coordinate Federal research on intermodal transportation, to provide technical assistance to States and metropolitan planning organizations, and to provide administrative and clerical support to the Intermodal Transportation Advisory Board, was repealed and reenacted as sections 5502 and former 5503 of this title by Pub. L. 103–272, §§ 1(d), 7(b), July 5, 1994, 108 Stat. 849, 850, 1379.

Model Intermodal Transportation PlansPub. L. 102–240, title V, § 5003, Dec. 18, 1991, 105 Stat. 2159, which directed Secretary of Transportation to make grants to States, representing a variety of geographic regions and transportation needs, patterns, and modes, for purpose of developing model State intermodal transportation plans consistent with policy of United States to encourage and promote development of national intermodal transportation system, was repealed and reenacted as section 5504 of this title by Pub. L. 103–272, §§ 1(d), 7(b), July 5, 1994, 108 Stat. 850, 1379.

National Commission on Intermodal TransportationPub. L. 102–240, title V, § 5005, Dec. 18, 1991, 105 Stat. 2160, provided for establishment of a National Commission on Intermodal Transportation, consisting of 11 appointed members, to make a complete investigation and study of intermodal transportation in the United States and internationally and to send a report to Congress not later than Sept. 30, 1993, containing recommendations for implementing the policy set out in section 302(e) of this title, with the Commission to terminate on the 180th day following transmittal of the report, prior to repeal by Pub. L. 104–287, § 7(3), Oct. 11, 1996, 110 Stat. 3400.

Border CrossingsPub. L. 102–240, title VI, § 6015, Dec. 18, 1991, 105 Stat. 2181, directed Secretary of Transportation to identify existing and emerging trade corridors and transportation subsystems that facilitate trade between United States, Canada, and Mexico and to recommend changes to improve and integrate corridor subsystems in order to achieve increased productivity and use of innovative marketing techniques, and directed Secretary to report to Congress not later than 18 months after Dec. 18, 1991, on transportation infrastructure needs and associated costs and to propose an agenda to develop systemwide integration of services for national benefits.

Underground PipelinesPub. L. 102–240, title VI, § 6020, Dec. 18, 1991, 105 Stat. 2184, directed Secretary of Transportation to conduct a study to evaluate feasibility, costs, and benefits of constructing and operating pneumatic capsule pipelines for underground movement of commodities other than hazardous liquids and gas, and to submit, not later than 2 years after Dec. 18, 1991, a report to Congress on the results of the study, prior to repeal by Pub. L. 104–287, § 7(3), Oct. 11, 1996, 110 Stat. 3400.

Long-Range National Transportation Strategic Planning StudyPub. L. 100–457, title III, § 317(b), Sept. 30, 1988, 102 Stat. 2149, directed Department of Transportation to undertake a long-range, multi-modal national transportation strategic planning study, such study to forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015 and to include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area, with study to be submitted to Congress on or before Oct. 1, 1989. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, § 101(l) [title III, § 317(b)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–381.

Commercial Expendable Launch Vehicle ActivitiesDesignation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under section 50903 of Title 51, National and Commercial Space Programs.

Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews
Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, § 2, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:
Section 1. Policy. The development and implementation of transportation infrastructure projects in an efficient and environmentally sound manner is essential to the well-being of the American people and a strong American economy. Executive departments and agencies (agencies) shall take appropriate actions, to the extent consistent with applicable law and available resources, to promote environmental stewardship in the Nation’s transportation system and expedite environmental reviews of high-priority transportation infrastructure projects.
Sec. 2. Actions. (a) For transportation infrastructure projects, agencies shall, in support of the Department of Transportation, formulate and implement administrative, policy, and procedural mechanisms that enable each agency required by law to conduct environmental reviews (reviews) with respect to such projects to ensure completion of such reviews in a timely and environmentally responsible manner.
(b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services.
(c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary’s list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection.
Sec. 3. Interagency Task Force. (a) Establishment. There is established, within the Department of Transportation for administrative purposes, the interagency “Transportation Infrastructure Streamlining Task Force” (Task Force) to: (i) monitor and assist agencies in their efforts to expedite a review of transportation infrastructure projects and issue permits or similar actions, as necessary; (ii) review projects, at least quarterly, on the list of priority projects pursuant to section 2(c) of this order; and (iii) identify and promote policies that can effectively streamline the process required to provide approvals for transportation infrastructure projects, in compliance with applicable law, while maintaining safety, public health, and environmental protection.
(b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member’s department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.
Sec. 4. Report. At least once each year, the Task Force shall submit to the President a report that: (a) Describes the results of the coordinated and expedited reviews on a project-by-project basis, and identifies those procedures and actions that proved to be most useful and appropriate in coordinating and expediting the review of the projects.
(b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements.
(c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner.
(d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order.
Sec. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
Sec. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.

George W. Bush.

§ 302. Policy standards for transportation(a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.

(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.

(c) The Secretary shall consider the needs—(1) for effectiveness and safety in transportation systems; and

(2) of national defense.

(d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—(A) conducting economic and technological research;

(B) demonstrating advancements in high-speed ground transportation technologies;

(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and

(D) minimizing the long-term risks of investors.

(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.

(e) Intermodal Transportation.—It is the policy of the United States Government to encourage and promote development of a national intermodal transportation system in the United States to move people and goods in an energy-efficient manner, provide the foundation for improved productivity growth, strengthen the Nation’s ability to compete in the global economy, and obtain the optimum yield from the Nation’s transportation resources.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–240, title I, § 1036(a), title V, § 5001, Dec. 18, 1991, 105 Stat. 1978, 2158; Pub. L. 103–272, § 5(m)(6), July 5, 1994, 108 Stat. 1375; Pub. L. 104–88, title III, § 308(a), Dec. 29, 1995, 109 Stat. 946.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

302(a)49:1653(b)(1).Oct. 15, 1966, Pub. L. 89–670, § 4(b), 80 Stat. 933.
302(b)49:1653(b)(2).
302(c)49:1653(b)(3).

In subsection (a), the words “In carrying out his duties and responsibilities under this chapter” before “Secretary of Transportation” are omitted as surplus. The words “the transportation policy of sections 10101 and 10101a of this title in addition to other laws” are substituted for “all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of April 25, 1940, as amended, and the Act of September 2, 1958, as amended, relating to the United States Coast Guard” because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms.
In subsection (c), the words “In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter” before “Secretary” are omitted as surplus. The word “consider” is substituted for “give full consideration to” to eliminate surplus words. The words “for operational continuity of the functions transferred” after “the needs” are omitted as executed.

Amendments1995—Subsec. (a). Pub. L. 104–88 substituted “13101” for “10101a”.
1994—Subsec. (b). Pub. L. 103–272 substituted “This subtitle and chapters 221 and 315 of this title” for “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)”.
1991—Subsec. (d). Pub. L. 102–240, § 1036(a), added subsec. (d).
Subsec. (e). Pub. L. 102–240, § 5001, added subsec. (e).
1984—Subsec. (b). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Effective Date of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Effective Date of 1991 AmendmentAmendment by section 1036(a) of Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of Title 23, Highways.

§ 303. Policy on lands, wildlife and waterfowl refuges, and historic sites(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.

(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.

(c) Approval of Programs and Projects.—Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—(1) there is no prudent and feasible alternative to using that land; and

(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.

(d) De Minimis Impacts.—(1) Requirements.—(A) Requirements for historic sites.—The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area.

(B) Requirements for parks, recreation areas, and wildlife or waterfowl refuges.—The requirements of subsection (c)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis.

(C) Criteria.—In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project.

(2) Historic sites.—With respect to historic sites, the Secretary may make a finding of de minimis impact only if—(A) the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54, United States Code,22 So in original. The words “, United States Code” probably should not appear. that—(i) the transportation program or project will have no adverse effect on the historic site; or

(ii) there will be no historic properties affected by the transportation program or project;

(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and

(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).

(3) Parks, recreation areas, and wildlife or waterfowl refuges.—With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if—(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and

(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.

(e) Satisfaction of Requirements for Certain Historic Sites.—(1) In general.—The Secretary shall—(A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and

(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the “Council”) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).

(2) Avoidance alternative analysis.—(A) In general.—If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—(i) include the determination of the Secretary in the analysis required under that Act;

(ii) provide a notice of the determination to—(I) each applicable State historic preservation officer and tribal historic preservation officer;

(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and

(III) the Secretary of the Interior; and

(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).

(B) Concurrence.—If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required.

(C) Publication.—A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—(i) be included in the record of decision or finding of no significant impact of the Secretary; and

(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

(3) Aligning historical reviews.—(A) In general.—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54.

(B) Satisfaction of conditions.—To satisfy subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.

(f) References to Past Transportation Environmental Authorities.—(1) Section 4(f) requirements.—The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).

(2) Section 106 requirements.—The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).

(g) Bridge Exemption From Consideration.—A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.

(h) Rail and Transit.—(1) In general.—Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.

(2) Exceptions.—(A) In general.—Paragraph (1) shall not apply to—(i) stations; or

(ii) bridges or tunnels located on—(I) railroad lines that have been abandoned; or

(II) transit lines that are not in use.

(B) Clarification with respect to certain bridges and tunnels.—The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—(i) over which service has been discontinued; or

(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100–17, title I, § 133(d), Apr. 2, 1987, 101 Stat. 173; Pub. L. 109–59, title VI, § 6009(a)(2), Aug. 10, 2005, 119 Stat. 1875; Pub. L. 113–287, § 5(p), Dec. 19, 2014, 128 Stat. 3272; Pub. L. 114–94, div. A, title I, §§ 1301(b), 1302(b), 1303(b), title XI, § 11502(b), Dec. 4, 2015, 129 Stat. 1376, 1378, 1690.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

303(a)49:1651(b)(2).Oct. 15, 1966, Pub. L. 89–670, § 2(b)(2), 80 Stat. 931.
 49:1653(f) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 4(f), 80 Stat. 934; restated Aug. 23, 1968, Pub. L. 90–495, § 18(b), 82 Stat. 824.
303(b)49:1653(f) (2d sentence).
303(c)49:1653(f) (less 1st, 2d sentences).

In subsection (a), the words “hereby declared to be” before “the policy” are omitted as surplus. The words “of the United States Government” are substituted for “national” for clarity and consistency.
In subsection (b), the words “crossed by transportation activities or facilities” are substituted for “traversed” for clarity.
In subsection (c), before clause (1), the words “After August 23, 1968” after “Secretary” are omitted as executed. The word “transportation” is inserted before “program” for clarity. In clause (2), the words “or project” are added for consistency.

References in TextSection 204 of title 23, referred to in subsec. (c), was repealed and a new section 204 enacted by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489.
The National Environmental Policy Act of 1969, referred to in subsec. (e)(1)(A), (2)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of this subsection, referred to in subsec. (e)(1)(B), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

Amendments2015—Subsec. (c). Pub. L. 114–94, § 11502(b)(1), substituted “subsections (d) and (h)” for “subsection (d)”.
Subsec. (e). Pub. L. 114–94, § 1301(b), added subsec. (e).
Subsec. (f). Pub. L. 114–94, § 1302(b), added subsec. (f).
Subsec. (g). Pub. L. 114–94, § 1303(b), added subsec. (g).
Subsec. (h). Pub. L. 114–94, § 11502(b)(2), added subsec. (h).
2014—Subsec. (d)(2)(A). Pub. L. 113–287 substituted “section 306108 of title 54, United States Code” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” in introductory provisions.
2005—Subsec. (c). Pub. L. 109–59, § 6009(a)(2)(A), inserted heading and substituted “Subject to subsection (d), the Secretary” for “The Secretary” in introductory provisions.
Subsec. (d). Pub. L. 109–59, § 6009(a)(2)(B), added subsec. (d).
1987—Subsec. (c). Pub. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of title 23)” after “program or project”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Treatment of Military Flight OperationsPub. L. 105–85, div. A, title X, § 1079, Nov. 18, 1997, 111 Stat. 1916, provided that: “No military flight operation (including a military training flight), or designation of airspace for such an operation, may be treated as a transportation program or project for purposes of section 303(c) of title 49, United States Code.”

§ 303a. Development of water transportation(a) Policy.—It is the policy of Congress—(1) to promote, encourage, and develop water transportation, 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 traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate 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 economically;

(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing 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 traffic; and

(B) water carriers using those waterways are interchanging traffic with rail carriers;

(5) investigate other matters that may promote and encourage inland water transportation; and

(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.

(Pub. L. 103–272, § 4(j)(6)(A), July 5, 1994, 108 Stat. 1366.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

303a49 App.:142.Feb. 28, 1920, ch. 91, § 500, 41 Stat. 499; Aug. 6, 1981, Pub. L. 97–31, § 12(9), 95 Stat. 154.

Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in chapter 3.
In subsection (a)(2), the words “in full vigor both” are omitted as surplus.
In subsection (b), the words “be construed to” are omitted as surplus.
In subsection (c)(1), the word “appropriate” is omitted as surplus. The word “vessels” is substituted for “boats” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words “the subject of”, “apparatus”, “appliances in connection therewith”, and “or interchange” are omitted as surplus.
In subsection (c)(3), the words “appropriate” and “suitable” are omitted as surplus.
In subsection (c)(6), the words “province and”, “from time to time”, and “useful statistics, data, and” are omitted as surplus.

Arctic Shipping Federal Advisory CommitteePub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8426, Jan. 1, 2021, 134 Stat. 4730, provided that:
“(a) Purpose.—The purpose of this section is to establish a Federal advisory committee to provide policy recommendations to the Secretary of Transportation on positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation.

“(b) Definitions.—In this section:“(1) Advisory committee.—The term ‘Advisory Committee’ means the Arctic Shipping Federal Advisory Committee established under subsection (c)(1).

“(2) Arctic.—The term ‘Arctic’ has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

“(3) Arctic sea routes.—The term ‘Arctic Sea Routes’ means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage.

“(c) Establishment of the Arctic Shipping Federal Advisory Committee.—“(1) Establishment of advisory committee.—“(A) In general.—The Secretary of Transportation, in coordination with the Secretary of State, the Secretary of Defense acting through the Secretary of the Army and the Secretary of the Navy, the Secretary of Commerce, and the Secretary of the Department in which the Coast Guard is operating, shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on matters related to Arctic maritime transportation, including Arctic seaway development.

“(B) Meetings.—The Advisory Committee shall meet at the call of the Chairperson, and at least once annually in Alaska.

“(2) Membership.—“(A) In general.—The Advisory Committee shall be composed of 17 members as described in subparagraph (B).

“(B) Composition.—The members of the Advisory Committee shall be—“(i) 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee;

“(ii) 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee;

“(iii) 1 designee of the Secretary of Commerce;

“(iv) 1 designee of the Secretary of State;

“(v) 1 designee of the Secretary of Transportation;

“(vi) 1 designee of the Secretary of Defense;

“(vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation;

“(viii) 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation;

“(ix) 3 Alaska Native Tribal members;

“(x) 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation;

“(xi) 1 individual representing coastal communities affected by Arctic maritime transportation;

“(xii) 1 individual representing vessels of the United States (as defined in section 116 of title 46, United States Code) participating in the shipping industry;

“(xiii) 1 individual representing the marine safety community;

“(xiv) 1 individual representing the Arctic business community; and

“(xv) 1 individual representing maritime labor organizations.

“(C) Terms.—“(i) Limitations.—Each member of the Advisory Committee described in clauses (vii) through (xv) of subparagraph (B) shall serve for a 2-year term and shall not be eligible for more than 2 consecutive term reappointments.

“(ii) Vacancies.—Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.).

“(3) Functions.—The Advisory Committee shall carry out all of the following functions:“(A) Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority. Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law:“(i) Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports.

“(ii) Provision of services that are not widely commercially available in the United States Arctic that would—     “(I) improve Arctic maritime safety and environmental protection;

     “(II) enhance Arctic maritime domain awareness; and

     “(III) support navigation and incident response for vessels transiting the Arctic Sea Routes.

“(iii) Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services.

“(B) As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and—“(i) develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or

“(ii) if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable.

“(C) Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations.

“(D) In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes.

“(d) Report to Congress.—Not later than 2 years after the date of enactment of this Act [Jan. 1, 2021], the Advisory Committee shall submit a report with its recommendations under subparagraphs (A) and (B) of subsection (c)(3) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(e) Termination of the Advisory Committee.—Not later than 8 years after the submission of the report described in subsection (d), the Secretary of Transportation shall dissolve the Advisory Committee.

“(f) International Engagement.—If a Special Representative for the Arctic Region is appointed by the Secretary of State, the duties of that Representative shall include—“(1) coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and

“(2) facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation.

“(g) Tribal Consultation.—In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary of Transportation shall consult with Alaska Native tribes.”

§ 304. Application of categorical exclusions for multimodal projects(a) Definitions.—In this section, the following definitions apply:(1) Cooperating authority.—The term “cooperating authority” means a Department of Transportation operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project.

(2) Lead authority.—The term “lead authority” means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project.

(3) Multimodal project.—The term “multimodal project” has the meaning given the term in section 139(a) of title 23.

(b) Exercise of Authorities.—The authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title or title 23.

(c) Application of Categorical Exclusions for Multimodal Projects.—In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed multimodal project, subject to the conditions that—(1) the lead authority makes a determination, with the concurrence of the cooperating authority—(A) on the applicability of a categorical exclusion to a proposed multimodal project; and

(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section;

(2) the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and

(3) the lead authority determines that—(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and

(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.

(d) Cooperating Authority Expertise.—A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 112–141, div. A, title I, § 1314(a), July 6, 2012, 126 Stat. 547; Pub. L. 114–94, div. A, title I, § 1310, Dec. 4, 2015, 129 Stat. 1397.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

304(a)49:1653(g) (less 3d sentence).Oct. 15, 1966, Pub. L. 89–670, § 4(g), 80 Stat. 934.
304(b)49:1653(g) (3d sentence).

In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed.
In subsection (a)(4), the word “ensure” is substituted for “assure” as being more precise. The words “of the United States Government” are substituted for “Federal”, and the words “United States” are substituted for “national”, for clarity and consistency.
In subsection (b), the words “The Secretaries shall report on April 1 of each year” are substituted for “They shall, within one year after the effective date of the Act, and annually thereafter, report” to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word “consider” is substituted for “determine” for consistency.

References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (a)(2) and (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments2015—Subsec. (a)(1). Pub. L. 114–94, § 1310(1)(A), substituted “operating administration or secretarial office that has expertise but” for “operating authority that” and inserted “proposed multimodal” after “with respect to a”.
Subsec. (a)(2). Pub. L. 114–94, § 1310(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘lead authority’ means a Department of Transportation operating administration or secretarial office that—
“(A) is the lead authority over a proposed multimodal project; and
“(B) has determined that the components of the project that fall under the modal expertise of the lead authority—
“(i) satisfy the conditions for a categorical exclusion under implementing regulations or procedures of the lead authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
“(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act.”
Subsec. (b). Pub. L. 114–94, § 1310(2), inserted “or title 23” after “under this title”.
Subsec. (c). Pub. L. 114–94, § 1310(3), added subsec. (c) and struck out former subsec. (c) which related to application of categorical exclusions for multimodal projects.
Subsec. (d). Pub. L. 114–94, § 1310(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows:
“(1) In general.—A cooperating authority shall provide modal expertise to the lead authority on such aspects of the multimodal project in which the cooperating authority has expertise.
“(2) Use of categorical exclusion.—In a case described in paragraph (1), the 1 or more categorical exclusions of a cooperating authority may be applied by the lead authority once the cooperating authority reviews the project on behalf of the lead authority and determines the project satisfies the conditions for a categorical exclusion under the implementing regulations or procedures of the cooperating authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section.”
2012–Pub. L. 112–141 amended section generally. Prior to amendment, section related to joint activities with the Secretary of Housing and Urban Development.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 304a. Accelerated decisionmaking in environmental reviews(a) In General.—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement, instead of rewriting the draft statement, subject to the condition that the errata sheets—(1) cite the sources, authorities, and reasons that support the position of the agency; and

(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

(b) Single Document.—To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.

(c) Adoption and Incorporation by Reference of Documents.—(1) Avoiding duplication.—To prevent duplication of analyses and support expeditious and efficient decisions, the operating administrations of the Department of Transportation shall use adoption and incorporation by reference in accordance with this subsection.

(2) Adoption of documents of other operating administrations.—An operating administration or a secretarial office within the Department of Transportation may adopt a draft environmental impact statement, an environmental assessment, or a final environmental impact statement of another operating administration for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review, if—(A) the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;

(B) the other operating administration concurs with such decision; and

(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3) Incorporation by reference.—An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft environmental impact statement, an environmental assessment, or a final environmental impact statement for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project if—(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;

(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and

(C) the incorporated material does not include proprietary data that is not available for review and comment.

(Added Pub. L. 114–94, div. A, title I, § 1311(a), Dec. 4, 2015, 129 Stat. 1398.)

References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (a) and (c)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§ 305. Transportation investment standards and criteria(a) Subject to sections 301–304 11 See References in Text note below. of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;

(2) an inter-oceanic canal located outside the 48 contiguous States;

(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;

(4) foreign assistance programs;

(5) water resources projects; or

(6) grant-in-aid programs authorized by law.

(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—(A) projected growth of transportation needs and traffic in the affected area;

(B) the relative efficiency of various modes of transportation;

(C) the available transportation services in the area; and

(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;

(2) coordinate the survey, plan, or report—(A) with the Secretary and include the views and comments of the Secretary; and

(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and

(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2420.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

305(a)49:1656(a) (less next-to-last par.).Oct. 15, 1966, Pub. L. 89–670, § 7 (less (a) next-to-last par.), 80 Stat. 941.
305(b)49:1656 (less (a)).

In subsection (a), before clause (1), the words “consistent with national transportation policies” after “develop standards and criteria” are omitted as unnecessary because of section 302 of the revised title. The words “Based on experience” are substituted for “in the light of experience”, and the words “shall prescribe” are substituted for “be promulgated by the”, to conform to other sections of the revised title. The words “from time to time” after “shall revise” are omitted as unnecessary. The words “This subsection does not apply to” are substituted for “except such proposals as are concerned with” for clarity. In clause (1), the words “a department, agency, or instrumentality of the Government” are substituted for “Federal agencies” for clarity and consistency. Similar conforming changes are made throughout the section. The word “services” after “provide transportation” is omitted as unnecessary. In clause (2), the words “48 contiguous States” are substituted for “contiguous United States” for clarity.
The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation.
In subsection (b)(2), the words “unit of” before “governments” are omitted as surplus. In clause (3), the word “thereafter” after “send” is omitted as surplus.

References in TextSection 304 of this title, referred to in subsec. (a), was amended generally by Pub. L. 112–141, div. A, title I, § 1314(a), July 6, 2012, 126 Stat. 547.

§ 306. Prohibited discrimination(a) In this section, “financial assistance” includes obligation guarantees.

(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under 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 Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.).

(c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection.

(d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions:(1) direct that no more Federal financial assistance be provided the person.

(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person.

(3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(4) take other action provided by law.

(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98–216, § 2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(7), July 5, 1994, 108 Stat. 1376.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

306(a)45:803(f).Feb. 5, 1976, Pub. L. 94–210, § 905, 90 Stat. 148.
306(b)45:803(a).
306(c), (d)45:803(b).
306(e)45:803(c)–(e).

In subsection (b), the enumerated laws are substituted for “through financial assistance under this Act”, meaning the Rail Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94–210, 90 Stat. 31) and laws amended by that Act. The laws cited in the subsection are substituted for “through financial assistance under this Act” for clarity. The enumerated laws include provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 that amend other laws as well as provisions that are not amendments to other laws. A reference to the Urban Mass Transportation Act of 1964 (Pub. L. 88–365, 78 Stat. 302) is omitted because this section related to that Act is superseded by 49:1615.
In subsection (c), the word “decides” is substituted for “determines” for consistency. The word “ensure” is substituted for “assure” as being more precise.
In subsection (d), the words “at least one of the following actions” are substituted for “and/or” for clarity and consistency.
In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary.

Pub. L. 98–216This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix.

References in TextThe Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (b), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, as amended. Title V of the Act is classified generally to subchapter II (§ 821 et seq.) of chapter 17 of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Amendments1994—Subsec. (b). Pub. L. 103–272 substituted “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 Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” for “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 Revitalization 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 U.S.C. 1653(i), 1654)”.
1984—Subsec. (b). Pub. L. 98–216 substituted “section 332 or 333 of this title” for “section 332 of this title” and “49 App. U.S.C.” for “49 U.S.C.”.

§ 307. Improving State and Federal agency engagement in environmental reviews(a) In General.—(1) Requests to provide funds.—A public entity receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, for a public purpose may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program.

(2) Use of funds.—The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project, projects, or program.

(b) Activities Eligible for Funding.—Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.

(c) Amounts.—A request under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct the review.

(d) Agreements.—Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.

(e) Guidance.—(1) In general.—Not later than 180 days after the date of enactment of this section, the Secretary shall issue guidance to implement this section.

(2) Factors.—As part of the guidance issued under paragraph (1), the Secretary shall ensure—(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;

(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and

(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.

(f) Existing Authority.—Nothing in this section may be construed to conflict with section 139(j) of title 23.

(Added Pub. L. 114–94, div. A, title I, § 1312(a), Dec. 4, 2015, 129 Stat. 1399.)

References in TextThe date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

Prior ProvisionsA prior section 307, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2421, related to safety information and intervention in Interstate Commerce Commission proceedings, prior to repeal by Pub. L. 112–141, div. C, title II, § 32932(a)(1), July 6, 2012, 126 Stat. 829, effective Oct. 1, 2012.

Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§ 308. Reports(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.

(b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include—(1) collected information the Secretary considers valuable in deciding questions about—(A) the development and regulation of civil aeronautics;

(B) the use of airspace of the United States; and

(C) the improvement of the air navigation and traffic control system; and

(2) recommendations for additional legislation and other action the Secretary considers necessary.

(c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the—(1) economic and technological development of the ports;

(2) extent to which the ports contribute to the national welfare and security; and

(3) factors that may impede the continued development of the ports.

[(d) Repealed. Pub. L. 104–66, title I, § 1121(h), Dec. 21, 1995, 109 Stat. 724.]

(e)(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.

(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, § 2(1)(A), Feb. 14, 1984, 98 Stat. 4; Pub. L. 104–66, title I, § 1121(h), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105–362, title XV, § 1502(c), Nov. 10, 1998, 112 Stat. 3295.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

308(a)45:792.Jan. 2, 1974, Pub. L. 93–236, § 602, 87 Stat. 1022.
 49:1658.Oct. 15, 1966, Pub. L. 89–670, § 12, 80 Stat. 949; Feb. 5, 1976, Pub. L. 94–210, § 906(1), 90 Stat. 149.
308(b)49:1354(e).Aug. 23, 1958, Pub. L. 85–726, § 313(e), 72 Stat. 753.
308(c)15:1519a.Oct. 3, 1980, Pub. L. 96–371, § 2, 94 Stat. 1362; Aug. 6, 1981, Pub. L. 97–31, § 12(8), 95 Stat. 154.

In subsection (a), the words “As part of his annual report each year” in 45:792 are omitted as unnecessary because of the restatement of the source provisions.
In subsection (b), before clause (1), the words “aviation activities of the Department” are substituted for “work performed under this chapter” because of the restatement. The words “The report shall include” are substituted for “Such report shall contain” for consistency. In clause (1), the words “and data” after “information” are omitted as surplus. The words “airspace of the United States” are substituted for “National airspace” for clarity and consistency. In clause (2), the words “the Secretary considers necessary” are substituted for “as may be considered” for clarity.

Pub. L. 98–216

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

308(d)49 App.:1654a.Oct. 14, 1980, Pub. L. 96–448, § 409, 94 Stat. 1948; Dec. 21, 1982, Pub. L. 97–375, § 210(a), 96 Stat. 1825.
308(e)49 App.:1601c.Jan. 6, 1983, Pub. L. 97–424, § 310, 96 Stat. 2151.

This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (Pub. L. 97–375, 96 Stat. 1821) repealed section 602 of the Regional Rail Reorganization Act of 1973 (Pub. L. 93–236, 87 Stat. 1022), which was restated as section 308(a) (last sentence) of title 49 by section 1 of the Act of January 12, 1983 (Pub. L. 97–449, 96 Stat. 2413).
In subsection (e)(1), the words “January of each even-numbered year” are substituted for “January of 1984 and in January of every second year thereafter” to eliminate unnecessary words.

Amendments1998—Subsec. (e)(1). Pub. L. 105–362 substituted “submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report” for “submit a report to Congress in January of each even-numbered year”.
1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which related to reports to Congress listing assistance provided by Government to railroad industry.
1984—Pub. L. 98–216, § 2(1)(A)(i), substituted “Reports” for “Annual reports” in section catchline.
Subsec. (a). Pub. L. 98–216, § 2(1)(A)(ii), struck out requirement that the report include a complete statement on the effectiveness of the United States Railway Association and the Consolidated Rail Corporation in carrying out the purposes of the Regional Rail Reorganization Act of 1973.
Subsecs. (d), (e). Pub. L. 98–216, § 2(1)(A)(iii), added subsecs. (d) and (e).

Availability of ReportsPub. L. 114–94, div. A, title I, § 1434, Dec. 4, 2015, 129 Stat. 1430, provided that:
“(a) In General.—The Secretary [of Transportation] shall make available to the public on the website of the Department any report required to be submitted by the Secretary to Congress after the date of enactment of this Act [Dec. 4, 2015].

“(b) Deadline.—Each report described in subsection (a) shall be made available on the website not later than 30 days after the report is submitted to Congress.”

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reporting provisions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this section, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Annual Report on Safety Enforcement Activities of Federal Aviation AdministrationPub. L. 100–202, § 101(l) [title III, § 317(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–380, and Pub. L. 100–457, title III, § 317(a), Sept. 30, 1988, 102 Stat. 2148, which required Secretary of Transportation to transmit to Congress an annual report on Federal Aviation Administration’s prior safety enforcement activities including staffing level comparisons, inspector experience and training schedules, criteria used to set annual work programs, annual inspection comparisons, statement of adequacy of internal management controls, status of regulatory changes, list of specific operational measures of effectiveness, schedule showing number of civil penalty cases closed, schedule showing number of enforcement actions taken, and schedules showing aviation industry’s safety record, were repealed and reenacted as section 44723 of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1202, 1379.

§ 309. High-speed ground transportation(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.

(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.

(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.

(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.

(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include—(I) feasibility of guideway or track design and construction;

(II) safety and reliability;

(III) impact on the environment in comparison to other high-speed ground transportation technologies;

(IV) minimization of land use;

(V) effect on human factors related to high-speed ground transportation;

(VI) energy and power consumption and cost;

(VII) integration of high-speed ground transportation systems with other modes of transportation;

(VIII) actual and projected ridership; and

(IX) design of signaling, communications, and control systems.

(C) For the purposes of this paragraph, the term “eligible applicant” means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.

(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.

(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.

(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as defined by section 201(b) of title 35, United States Code), with United States companies for the purpose of—(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and

(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.

(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity’s share of the cost of any such project shall be paid in cash.

(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code.

(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).

(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of—(A) an economic and financial analysis;

(B) a technical assessment; and

(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.

(2) The economic and financial analysis referred to in paragraph (1)(A) shall include—(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;

(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of—(i) the current transportation practices and trends in each market; and

(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;

(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;

(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;

(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;

(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;

(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;

(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;

(I) an assessment of the potential for a high-speed ground transportation technology export market;

(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;

(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and

(L) any other economic or financial analyses the Secretary considers important for carrying out this section.

(3) The technical assessment referred to in paragraph (1)(B) shall include—(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;

(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;

(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;

(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;

(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;

(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and

(G) any other technical assessments the Secretary considers important for carrying out this section.

(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the “Policy”).

(2) The Policy shall include—(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;

(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;

(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and

(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.

(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.

(Added Pub. L. 102–240, title I, § 1036(c)(1), Dec. 18, 1991, 105 Stat. 1982.)

References in TextSection 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of Pub. L. 102–240, which is set out below.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of Pub. L. 100–342, which amended section 431 of Title 45, Railroads.

Effective DateSection effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of Title 23, Highways.

National Magnetic Levitation Prototype Development ProgramPub. L. 102–240, title I, § 1036(b), Dec. 18, 1991, 105 Stat. 1978, provided that:
“(1) Management of program.—There is hereby established a national magnetic levitation prototype development program to be managed by a program director appointed jointly by the Secretary and the Assistant Secretary of the Army for Civil Works (hereinafter in this subsection referred to as the ‘Assistant Secretary’). To carry out such program, the Secretary and the Assistant Secretary shall establish a national maglev joint project office (hereinafter in this subsection referred to as the ‘Maglev Project Office’), which shall be headed by the program director, and shall enter into such arrangements as may be necessary for funding, staffing, office space, and other requirements that will allow the Maglev Project Office to carry out its functions. In carrying out such program, the program director shall consult with appropriate Federal officials, including the Secretary of Energy and the Administrator of the Environmental Protection Agency.

“(2) Phase one contracts.—“(A) Request for proposals.—Not later than 12 months after the date of the enactment of this Act [Dec. 18, 1991], the Maglev Project Office shall release a request for proposals for development of conceptual designs for a maglev system and for research to facilitate the development of such conceptual designs.

“(B) Award of contracts.—Not later than 15 months after the date of the enactment of this Act, the Secretary and the Assistant Secretary shall, based on the recommendations of the program director, award 1-year contracts for research and development to no fewer than 5 eligible applicants. If fewer than 5 complete applications have been received, contracts shall be awarded to as many eligible applicants as is practical.

“(C) Factors and conditions to be considered.—The Secretary and the Assistant Secretary may approve contracts under subparagraph (B) only after consideration of factors relating to the construction and operation of a magnetic levitation system, including the cost-effectiveness, ease of maintenance, safety, limited environmental impact, ability to achieve sustained high speeds, ability to operate along the Interstate highway rights-of-way, the potential for the guideway design to be a national standard, the applicant’s resources, capabilities, and history of successfully designing and developing systems of similar complexity, and the desirability of geographic diversity among contractors and only if the applicant agrees to submit a report to the Maglev Project Office detailing the results of the research and development and agrees to provide for matching of the phase one contract at a 90 percent Federal, 10 percent non-Federal, cost share.

“(3) Phase two contracts.—Within 3 months of receiving the final reports of contract activities under paragraph (2), and based only on such reports and the recommendations of the program director, the Secretary and the Assistant Secretary shall select not more than 3 eligible applicants from among the contract recipients submitting reports under paragraph (2) to receive 18-month contracts for research and development leading to a detailed design for a prototype maglev system. The Secretary and the Assistant Secretary may only award contracts under this paragraph if—“(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4),

“(B) the applicant agrees to submit the detailed design within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and

“(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share.

“(4) Prototype.—“(A) Selection of design.—Within 6 months of receiving the detailed designs developed under paragraph (3), the Secretary and the Assistant Secretary shall, based on the recommendations of the selection committee described in this subparagraph, select 1 design for development into a full-scale prototype, unless the Secretary and the Assistant Secretary determine jointly that no design shall be selected, based on an assessment of technical feasibility and projected cost of construction and operation of the prototype. A selection committee of 8 members, consisting of—“(i) 1 member to be appointed by the Secretary,

“(ii) 1 member to be appointed by the Assistant Secretary,

“(iii) 3 members to be appointed by the Senate majority and minority leaders, and

“(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House,

shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate.

“(B) Award of construction grant or contract.—Unless the Secretary and the Assistant Secretary determine not to proceed pursuant to subparagraph (A), they shall, not later than 3 months after selection of a design for development into a full-scale prototype, and based on the recommendations of the program director, award 1 construction grant or contract to the applicant whose detailed design was selected under subparagraph (A) for the purpose of constructing a prototype maglev system in accordance with the selected design. Not more than 75 percent of the cost of the project shall be borne by the United States.

“(C) Factors to be considered in selection.—Selection of the detailed design under this paragraph shall be based on consideration of the following factors, among others:“(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route.

“(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops.

“(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant.

“(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed.

“(v) The project shall be located in an area that provides a potential ridership base for future commercial operation.

“(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States.

“(vii) The project shall have at least 1 switch.

“(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode.

“(D) Additional factors for consideration.—In awarding a grant or contract under this paragraph, the Secretary shall encourage the development of domestic manufacturing capabilities. In selecting among eligible applicants, the Secretary shall consider existing railroads and equipment manufacturers with excess production capacity, including railroads that have experience in advanced technologies (including self-propelled cars).

“(5) Licensing.—“(A) Proprietary rights.—No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained from a United States business, research, or education entity as a result of activities under this subsection shall be disclosed.

“(B) Commercial information.—The research, development, and use of any technology developed pursuant to an agreement reached pursuant to this subsection, including the terms under which any technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701–3714). In addition, the Secretary and the Assistant Secretary may require any grant or contract recipient to assure that research and development be performed substantially in the United States and that the products embodying the inventions made under any agreement pursuant to this subsection or produced through the use of such inventions be manufactured substantially in the United States.

“(6) Reports.—The Secretary and the Assistant Secretary shall provide periodic reports to Congress on progress made under this subsection.

“(7) Eligible applicant defined.—For purposes of this subsection, the term ‘eligible applicant’ means a United States private business, United States public or private education and research organization, Federal laboratory, or a consortium of such businesses, organizations, and laboratories.”

§ 310. Aligning Federal environmental reviews(a) Coordinated and Concurrent Environmental Reviews.—Not later than 1 year after the date of enactment of this section, the Department of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibilities under Federal law, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as “NEPA”).

(b) Contents.—The coordinated and concurrent environmental review and permitting process developed under subsection (a) shall—(1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;

(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s obligations under a statute or Executive order; and

(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s obligations under a statute or Executive order.

(c) Environmental Checklist.—(1) In general.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project.

(2) Purpose.—The purpose of the checklist shall be to—(A) identify agencies of jurisdiction and cooperating agencies;

(B) develop the information needed for the purpose and need and alternatives for analysis; and

(C) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.

(d) Interagency Collaboration.—(1) In general.—Consistent with Federal environmental statutes, the Secretary of Transportation shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management.

(2) Purpose of collaboration sessions.—The interagency collaboration sessions shall ensure that agency staff is—(A) fully engaged;

(B) utilizing the flexibility of existing regulations, policies, and guidance; and

(C) identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.

(3) Focus of collaboration sessions.—The interagency collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to—(A) work with State and local transportation entities to improve project planning, siting, and application quality; and

(B) consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.

(4) Consultation.—The interagency collaboration sessions shall include a consultation with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process.

(e) Performance Measurement.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning Federal reviews and reducing permitting and project delivery time as outlined in this section.

(f) Reports.—(1) Report to congress.—Not later than 2 years after the date of enactment of this section and biennially thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available on the Department of Transportation website, a report that describes—(A) progress in aligning Federal environmental reviews under this section; and

(B) the impact this section has had on accelerating the environmental review and permitting process.

(2) Inspector general report.—Not later than 3 years after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—(A) progress in aligning Federal environmental reviews under this section; and

(B) the impact this section has had on accelerating the environmental review and permitting process.

(g) Savings Provision.—This section shall not apply to any project subject to section 139 of title 23.

(Added Pub. L. 114–94, div. A, title I, § 1313(a), Dec. 4, 2015, 129 Stat. 1400; amended Pub. L. 115–420, § 3, Jan. 3, 2019, 132 Stat. 5444.)

References in TextThe date of enactment of this section, referred to in subsecs. (a), (c)(1), (e), and (f)(1), (2), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments2019—Subsec. (f)(1). Pub. L. 115–420 inserted “, and make publicly available on the Department of Transportation website,” after “House of Representatives” in introductory provisions.

Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§ 311. Congressional notification requirements(a) In General.—Except as provided in subsection (b) or as expressly provided in another provision of law, the Secretary of Transportation shall provide to the appropriate committees of Congress notice of an announcement concerning a covered project at least 3 full business days before the announcement is made by the Department.

(b) Emergency Program.—With respect to an allocation of funds under section 125 of title 23, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the allocation—(1) at least 3 full business days before the issuance of the allocation; or

(2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process).

(c) Definitions.—In this section, the following definitions apply:(1) Appropriate committees of congress.—The term “appropriate committees of Congress” means—(A) the Committee on Transportation and Infrastructure of the House of Representatives; and

(B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(2) Covered project.—The term “covered project” means a project competitively selected by the Department to receive a discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000.

(3) Department.—The term “Department” means the Department of Transportation, including the modal administrations of the Department.

(Added Pub. L. 114–322, title IV, § 5001(a), Dec. 16, 2016, 130 Stat. 1884.)

§ 312. Alternative timing system(a) In General.—Subject to the availability of appropriations, the Secretary of Transportation shall provide for the establishment, sustainment, and operation of a land-based, resilient, and reliable alternative timing system—(1) to reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (referred to in this section as “GPS”); and

(2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.

(b) Establishment of Requirements.—(1) In general.—Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall establish requirements for the procurement of the system required by subsection (a) as a complement to and backup for the timing component of GPS in accordance with the timing requirements study required by section 1618 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2595).

(2) Requirements.—The Secretary of Transportation shall ensure, to the maximum extent practicable, that the system established under subsection (a) will—(A) be wireless;

(B) be terrestrial;

(C) provide wide-area coverage;

(D) be synchronized with coordinated universal time;

(E) be resilient and extremely difficult to disrupt or degrade;

(F) be able to penetrate underground and inside buildings;

(G) be capable of deployment to remote locations;

(H) be developed, constructed, and operated incorporating applicable private sector expertise;

(I) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems;

(J) be available for use by Federal and non-Federal government agencies for public purposes at no net cost to the Federal Government within 10 years of initiation of operation;

(K) be capable of adaptation and expansion to provide position and navigation capabilities;

(L) incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and

(M) incorporate such other elements as the Secretary considers appropriate.

(c) Implementation Plan.—(1) Plan required.—Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following:(A) A plan to develop, construct, and operate the system required by subsection (a).

(B) A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS.

(2) Deadline for commencement of operation.—The system required by subsection (a) shall be in operation by not later than 2 years after the date of enactment of the National Timing Resilience and Security Act of 2018.

(3) Minimum duration of operational capability.—The system required by subsection (a) shall be designed to be fully operational for not less than 20 years.

(d) LORAN Facilities.—(1) In general.—If the Secretary of Transportation determines that any LORAN infrastructure, including the underlying real property and any spectrum associated with LORAN, in the possession of the Coast Guard is required by the Department of Transportation for the purpose of establishing the system required by subsection (a), the Commandant shall transfer such property, spectrum, and equipment to the Secretary.

(2) CERCLA not affected.—This subsection shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with respect to the Federal Government facilities described in paragraph (1).

(e) Cooperative Agreement.—(1) In general.—The Secretary of Transportation may enter into a cooperative agreement (as that term is described in section 6305 of title 31) with an entity upon such terms and conditions as the Secretary of Transportation determines will fulfill the purpose and requirements of this section and be in the public interest.

(2) Requirements.—The cooperative agreement under paragraph (1) shall, at a minimum, require the Secretary of Transportation to—(A) authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense;

(B) require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section;

(C) allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies;

(D) require the entity to share 25 percent of the gross proceeds received by the entity from the sale of timing services to third parties with the Secretary for at least 10 years after the date upon which the Secretary enters into the cooperative agreement;

(E) require the entity—(i) to assume all financial risk for the completion and operational capability of the system, after the Secretary provides any LORAN facilities necessary for the system under subsection (d), if required for the alternative timing system; and

(ii) to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and

(F) require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency.

(3) Competition required.—The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into a cooperative agreement pursuant to this subsection.

(4) Authorization to purchase services.—The Secretary may not purchase timing system services from the entity for use by the Department of Transportation or for provision to other Federal and non-Federal governmental agencies until the system achieves operational status, and then only if the necessary funds for such purchases are provided for in subsequent yearly appropriations acts made available to the Secretary for each and every year in which such purchases are made.

(5) Determination requirement.—The Secretary may not enter into a cooperative agreement under this subsection unless the Secretary determines that the cooperative agreement is in the best financial interest of the Federal Government. The Secretary shall notify the Committee on Committee on 11 So in original. Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination not later than 30 days after the date of the determination.

(6) Definition.—In this subsection the term “entity” means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this subsection.

(Added Pub. L. 115–282, title V, § 514(b), Dec. 4, 2018, 132 Stat. 4276; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(2), Jan. 1, 2021, 134 Stat. 4754.)

References in TextThe date of enactment of the National Timing Resilience and Security Act of 2018, referred to in subsecs. (b)(1) and (c)(1), (2), is the date of enactment of section 514 of Pub. L. 115–282, which was approved Dec. 4, 2018.
Section 1618 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b)(1), is section 1618 of Pub. L. 114–328, div. A, title XVI, Dec. 23, 2016, 130 Stat. 2595, which is not classified to the Code.

Amendments2021—Pub. L. 116–283 made technical correction to directory language of Pub. L. 115–282, § 514(b), which enacted this section.

Effective Date of 2021 AmendmentSection 8507(d) of div. G of Pub. L. 116–283 effective as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as a note under section 1226 of Title 33, Navigation and Navigable Waters.

Short TitleFor short title of section 514 of Pub. L. 115–282, which enacted this section, as the “National Timing Resilience and Security Act of 2018”, see section 514(a) of Pub. L. 115–282, set out as a Short Title of 2018 Amendment note under section 101 of this title.

SUBCHAPTER II—ADMINISTRATIVE
§ 321. Definitions
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in section 40102(a) of this title.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(8), July 5, 1994, 108 Stat. 1376; Pub. L. 103–429, § 6(2), Oct. 31, 1994, 108 Stat. 4378.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

321(no source).

A number of the source provisions of the subchapter are taken from 49:ch. 20. The text of 49:ch. 20 contains general definitions, some of which are used in those source provisions. The section includes those definitions from 49:ch. 20 that are used in the source provisions included in the subchapter.

Pub. L. 103–429This makes a clarifying amendment to 49:321.

Amendments1994—Pub. L. 103–429 struck out “, respectively” after “of this title”.
Pub. L. 103–272 substituted “section 40102(a) of this title” for “section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8))”.
1984—Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Effective Date of 1994 AmendmentPub. L. 103–429, § 9, Oct. 31, 1994, 108 Stat. 4391, provided that: “The amendments made by sections 6(2)–(15), (19)–(35), (37)–(39), (41), (44)–(52), (54)–(62), (65), (66)(B), (70), (73)–(76), and (78)–(81) of this Act [enacting section 41312 of this title and amending this section and sections 5103, 5104, 5115, 5125, 5307, 5318, 5320, 5323, 5326, 5327, 5331, 5337, 5565, 20136, 22108, 24501, 24904, 30141, 30165, 30166, 30308, 31501, 32101, 32304, 32309, 32505, 32703, 32705, 32706, 32908 to 32910, 32913, 33101, 33106, 40102, 40104, 40110, 41103, 41110, 41734, 44502, 44701, 44711, 44937, 45105, 45302, 46301, 46310, 46502, 47101, 47113, 47114, 47128, 47531, 47532, 60109, and 60112 of this title] shall take effect on July 5, 1994.”

§ 322. General powers(a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.

(b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1),11 See References in Text note below. 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned.

(c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers—(1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent;

(2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and

(3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies.

(d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for—(1) rent and personal services;

(2) travel expenses;

(3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges;

(4) printing and binding;

(5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics;

(6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade;

(7) investigations and studies about aeronautics; and

(8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property.

(e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that—(1) making the property would require a substantial initial investment or an extended period of preparation; and

(2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2422.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

322(a)49:1657(e)(1) (last 19 words), (2) (last 19 words), (f), (g).Oct. 15, 1966, Pub. L. 89–670, § 9(e)–(g), 80 Stat. 944.
322(b)49:1344(d) (less words after semicolon). Aug. 23, 1958, Pub. L. 85–726, §§ 302(k), 303(a), (d) (less words after semicolon), 80 Stat. 747, 749.
 49:1657(e)(1) (less last 19 words), (2) (less last 19 words), (3).
 5 App. U.S.C.Reorg. Plan No. 2 of 1968, eff. July 1, 1968, § 2, 82 Stat. 1369.
322(c)49:1343(i).
322(d)49:1344(a).
322(e)49:1344(e).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 303(e); added May 21, 1970, Pub. L. 91–258, § 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, § 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, § 112(e), 94 Stat. 2240.

In the chapter, the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in the provisions of the Federal Aviation Act of 1958 (Pub. L. 85–726, 72 Stat. 731) restated in the revised chapter because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (a), the words “may prescribe regulations to carry out the duties and powers” are substituted for “may make such rules and regulations as may be necessary to carry out . . . functions, powers, and duties” for consistency and to eliminate unnecessary words. The text of 49:1657(f) and (g) is omitted as executed because the transfer of personnel, assets, and liabilities, etc., has been accomplished.
In subsection (b), the words “Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties” before “the Secretary may” in 49:1657(e)(1) are omitted because of the specific wording of sections 103, 104, and 106 of the revised title. The words “in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter” before “delegate” in 49:1657(e)(1) are omitted because the authority of the Secretary to delegate is consolidated in the subsection. The words “the duties and powers of the Secretary” are substituted for “any of his residual functions, powers, and duties” in 49:1657(e)(1) and “any of the functions transferred to him by this reorganization plan” in section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968, 82 Stat. 1369), for clarity and consistency. The words “as he may designate” and “of such functions, powers, and duties as he may deem desirable” are omitted as surplus each place they appear in 49:1657(e)(1) and (2). The text of section 322(b) (1st sentence) of the revised title is substituted for 49:1344(d) (less words after semicolon) for clarity and because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The text of 49:1657(e)(2) (words before 2d comma) is omitted as unnecessary because the authority of an officer to delegate is consolidated in the subsection. The words “the duties and powers of the officer” are substituted for “such functions, powers, and duties” in 49:1657(e)(2) for clarity and consistency. The words “the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title” are substituted for “any of the statutory duties and responsibilities specifically assigned to them by this chapter” in 49:1657(e)(3) for clarity. The words “may not be delegated to an officer or employee outside the Administration concerned” are substituted for “The Administrators established by section 1652(e) of this title . . . may not delegate . . . outside of their respective administrations” in 49:1657(e)(3) for clarity and because of the restatement of the section.
In subsection (c), before clause (1), the words “aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. In clause (2), the words “those departments, agencies, and instrumentalities” are substituted for “such other agencies and instrumentalities” in 49:1343(i) for clarity and consistency. The words “aviation . . . Department” are substituted for “Administration” in 49:1343(i) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (d), before clause (1), the words “aviation duties and powers” are substituted for “for the exercise and performance of the powers and duties vested in and imposed upon him by law” in 49:1344(a) because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words “at the seat of government and elsewhere as may be necessary” after “expenditures” and “and as from time to time may be appropriated for by Congress” are omitted as surplus. In clause (8), the words “passenger-carrying aircraft and automobiles” are substituted for “passenger-carrying automobiles and aircraft” in 49:1344(a) for clarity. The words “such . . . as is necessary in the exercise and performance of the powers and duties of the Secretary” after “aircraft” in 49:1344(a) are omitted as unnecessary because of the restatement of the section. The text of 49:1344(a) (proviso) is omitted as unnecessary.
In subsection (e), before clause (1), the words “or in support of” are omitted as surplus. In clause (1), the words “making the property” are substituted for “for manufacture” for clarity. In clause (2), the word “formal” is omitted as unnecessary. The word “unreasonably” is substituted for “unduly” for consistency.

References in TextSection 103(c)(1) of this title, referred to in subsec. (b), was struck out by Pub. L. 110–432, div. A, title I, § 101, Oct. 16, 2008, 122 Stat. 4851. Provisions similar to those contained in former subsec. (c)(1) of section 103 are now contained in subsec. (g)(1) of section 103.

Electronic SignaturesPub. L. 115–271, title VIII, § 8108(c), Oct. 24, 2018, 132 Stat. 4107, provided that: “Not later than 18 months after the date of the deadline under subsection (a)(2) [section 8108(a)(2) of Pub. L. 115–271, set out in a note under section 7301 of Title 5, Government Organization and Employees], the Secretary of Transportation shall issue a final rule revising part 40 of title 49, Code of Federal Regulations, to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms.”

Availability of Receipts From Fitness Centers For Operation and Maintenance of FacilitiesPub. L. 106–69, title III, § 329, Oct. 9, 1999, 113 Stat. 1021, provided that: “Hereafter, notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities.”

Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, § 101(g) [title III, § 332], Oct. 21, 1998, 112 Stat. 2681–439, 2681–471.
Pub. L. 105–66, title III, § 332, Oct. 27, 1997, 111 Stat. 1447.
Pub. L. 104–205, title III, § 344, Sept. 30, 1996, 110 Stat. 2976.

Executive Order No. 11382
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, upon establishment of Department of Transportation amended and revoked certain executive orders relating to transportation, and, in addition to any other authority, authorized Secretary of Transportation and Federal Aviation Administrator to redelegate and authorize successive redelegations of any authority conferred in the order or the orders amended by it.

§ 323. Personnel(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.

(b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2423.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

323(a)49:1343(d).Aug. 23, 1958, Pub. L. 85–726, § 302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, § 205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87–793, § 1001(h), 76 Stat. 864.
 49:1343(f).Aug. 23, 1958, Pub. L. 85–726, § 302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, § 205(a), 75 Stat. 791.
 49:1657(a).Oct. 15, 1966, Pub. L. 89–670, § 9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95–251, § 2(a)(12), 92 Stat. 183.
323(b)49:1343(g) (1st sentence 33d–43d words).Aug. 23, 1958, Pub. L. 85–726, § 302(i) (1st sentence 31st–41st words), 72 Stat. 747.
 49:1657(b).

In the section, the word “pay” is substituted for “compensation” for consistency with title 5.
In subsection (a), the words “In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department” before “the Secretary” and “subject to the civil service and classification laws” before “to select” in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word “appoint” is substituted for “select, employ, appoint” because it is inclusive. The words “attorneys, and agents” after “employees” in 49:1343(d) and “including investigators, attorneys, and administrative law judges” after “employees” in 49:1657(a) are omitted as included in “officers and employees”. The words “of the Department of Transportation” are substituted for “as are necessary to carry out the provisions of this chapter” for consistency.
The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95–454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act.
In subsection (b), the word “procure” is substituted for “obtain” to conform to 5:3109. The words “unless otherwise specified in an appropriation Act” after “individuals” in 49:1657(b) are omitted as surplus.

Post-Employment Policy StudyPub. L. 112–141, div. C, title I, § 31308(b), July 6, 2012, 126 Stat. 770, provided that:
“(1) In general.—The Inspector General of the Department of Transportation shall conduct a study of the Department’s policies relating to post-employment restrictions on employees who perform functions related to transportation safety.

“(2) Report.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Inspector General shall submit a report containing the results of the study conducted under paragraph (1) to—“(A) the Committee on Commerce, Science, and Transportation of the Senate;

“(B) the Committee on Energy and Commerce of the House of Representatives; and

“(C) the Secretary of Transportation.

“(3) Use of results.—The Secretary of Transportation shall review the results of the study conducted under paragraph (1) and take whatever action the Secretary determines to be appropriate.”

§ 324. Members of the armed forces(a) The Secretary of Transportation—(1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and

(2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.

(b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.

(c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.

(d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2423.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

324(a)(1)49:1343(a)(1) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, § 302(c)(1), (2) (related to cooperative agreements), 72 Stat. 745.
324(a)(2)49:1657(c) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 9(c), (d), 80 Stat. 944.
324(b)49:1657(p).Oct. 15, 1966, Pub. L. 89–670, § 9(p), 80 Stat. 947; Oct. 28, 1974, Pub. L. 93–496, § 16(b), 88 Stat. 1533.
324(c)49:1343(a)(1) (less 1st sentence).
 49:1657(c) (less 1st sentence), (d)(2).
324(d)49:1343(a)(2) (related to cooperative agreements).
 49:1657(d)(1).

In the section, the words “members of the armed forces” are substituted for “military personnel”, “Members of the Army, the Navy, the Air Force, or the Marine Corps”, and “members of the armed services” for clarity and to conform to title 10.
In subsection (a)(2), the words “other duties and powers of the Secretary” are substituted for “the functions of the Department” for clarity and consistency.
In subsection (b), the words “Notwithstanding any provision of this chapter or other law” before “a member” and “Subject to the provisions of title 5” before “a retired” are omitted as unnecessary.
In subsection (c), the words “The Secretary of Transportation and the Secretary of a military department may make cooperative agreements under which” are substituted for “by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation” in 49:1343(a)(1) and 49:1657(c) for clarity. The words “or the Coast Guard” before “may be detailed” in 49:1343(a)(1) (2d sentence) are omitted because of the transfer of the Coast Guard to the Secretary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “may be appointed, detailed, or assigned” are substituted for “may be detailed” for clarity and consistency in 49:1343(a)(1) and 49:1657(c). The words “to the Department of Transportation” are substituted for “for service in the Administration to effect such participation” in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words “in writing” after “annually” in 49:1657(d)(2) are omitted as unnecessary. The words “each member appointed, detailed, or assigned” are substituted for “personnel appointed” and “members of the armed services detailed” in 49:1657(d)(2) for clarity and consistency.
In subsection (d), the words “The Secretary of a military department” are substituted for “his armed force or any officer thereof” in 49:1657(d)(1) and “the department from which detailed or appointed or by any agency or officer thereof” in 49:1343(a)(2) for clarity and consistency. The words “directly or indirectly” before “with respect to” are omitted as surplus. The words “the duties and powers of . . . when those duties and powers pertain to the Department of Transportation” are substituted for “with respect to his responsibilities under this chapter or within the Administration” in 49:1343(a)(2) and “with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned” in 49:1657(d)(1) for consistency and because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “does not control” are substituted for “No … shall be subject to direction or control by” in 49:1343(a)(2) and “shall not be subject to direction by or control by” 49:1657(d)(1) for clarity. The words “the acceptance of” before “and service” and “any appointive or other” before “position” in 49:1657(d)(1) are omitted as unnecessary. The words “a member” are added because of the restatement of the section. The words “that member” are substituted for “commissioned officers or enlisted men” in 49:1343(a)(2) and “officers and enlisted men” in 49:1657(d)(1) because of the restatement of the section and to eliminate unnecessary words. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed as the 5th item on page 132), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§ 325. Advisory committees(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.

(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government.

(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2424.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

325(a)49:1343(g) (1st sentence 1st–32d words).Aug. 23, 1958, Pub. L. 85–726, § 302(i) (less 1st sentence 31st–41st words), 72 Stat. 747.
 49:1657(o) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 9(o), 80 Stat. 947.
325(b)49:1343(g) (1st sentence 44th–53d words, last sentence).
 49:1657(o) (last sentence).
325(c)49:1343(g) (1st sentence 54th–last words).

In subsection (a), the words “provisions of title 5 governing appointment in the competitive service” are substituted for “civil service laws” in 49:1657(o) for clarity and consistency. The words “as shall be appropriate for the purpose of” before “consultation” in 49:1657(o) are omitted as surplus. The words “the Secretary in carrying out the duties and powers of the Secretary” are substituted for “the Department in performance of its functions” in 49:1657(o) and “the Administration in performance of its functions hereunder” in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transportation.
In subsection (b), the word “compensation” after “may be paid” in 49:1657(o) is omitted as surplus. The words “not more than $100 a day” are substituted for “at rates not exceeding those authorized for individuals under subsection (b) of this section” in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words “A member is entitled to reimbursement for expenses under section 5703 of title 5” are substituted for 49:1343(g) (last sentence) and 49:1657(o) (last sentence words after 4th comma) for clarity.
In subsection (c), the words “A member of an advisory committee advising the Secretary” are substituted for “in the case of any individual” in 49:1343(g) for clarity. The words “may serve” are added for clarity and because of the restatement of the section. The words “in carrying out aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration.

Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 326. Gifts(a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift.

(b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of—(1) gifts of money;

(2) income from property accepted under this section and proceeds from the sale of that property; and

(3) income from securities under subsection (c) of this section.

(c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government.

(d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

326(a)49:1344(c)(1).Aug. 23, 1958, Pub. L. 85–726, § 303(c)(1), 72 Stat. 748.
 49:1657(m)(1) (1st, 3d sentences).Oct. 15, 1966, Pub. L. 89–670, § 9(m), 80 Stat. 946.
326(b)49:1657(m)(1) (2d sentence), (3) (less 1st sentence).
326(c)49:1657(m)(3) (1st sentence).
326(d)49:1657(m)(2).

In the section, the word “gifts” is substituted for “gifts and bequests” in 49:1657(m)(1) because it is inclusive.
In subsection (a), the words “accept and use” are substituted for “accept, hold, administer, and utilize”, and the words “for the Department” are substituted for “for the purpose of aiding or facilitating the work of the Department” in 49:1657(m)(1), to eliminate unnecessary words. The word “property” is substituted for “property, both real and personal” in 49:1657(m)(1), and “gift or donation of money or other property, real and personal” in 49:1344(c)(1) to eliminate unnecessary words. The words “aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words “under this section and proceeds from that property” are substituted for “pursuant to this paragraph, and the proceeds thereof” in 49:1657(m)(1) for clarity.
In subsection (b), the words “The Department has a” and “The fund consists of” are added for clarity and because of the restatement of the section. The word “separate” before “fund” is omitted as unnecessary and for consistency. The words “from the fund” are added for clarity. The words “accepted under this section” are substituted for “held by the Secretary pursuant to paragraph (1)” for clarity. The words “that property” are substituted for “other property received as gifts or bequests” to eliminate unnecessary words. The words “from securities under subsection (c) of this section” are substituted for “accruing from such securities” for clarity.
In subsection (c), the words “amounts in the fund” are substituted for “any moneys contained in the fund provided for in paragraph (1)” for clarity and consistency.
In subsection (d), the words “under this section” are substituted for “under paragraph (1)” because of the restatement of the section. The words “the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)” are substituted for “For the purpose of Federal income, estate, and gift taxes” for consistency.

Amendments1986—Subsec. (d). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

§ 327. Administrative working capital fund(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include—(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;

(2) central messenger, mail, telephone, and other communications services;

(3) office space;

(4) central services for document reproduction, and for graphics and visual aids; and

(5) a central library service.

(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.

(c) The fund consists of—(1) amounts appropriated to the fund;

(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;

(3) amounts received from the sale or exchange of property; and

(4) payments received for loss or damage to property of the fund.

(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2425.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

327(a)49:1657(j) (1st sentence less 11th–17th words).Oct. 15, 1966, Pub. L. 89–670, § 9(j), 80 Stat. 945.
327(b)49:1657(j) (1st sentence 11th–17th words, 2d sentence, 18th–22d words).
327(c)49:1657(j) (2d sentence less 18th–22d words, 4th sentence).
327(d)49:1657(j) (less 1st, 2d, 4th sentences).

In subsection (a), the words “Department of Transportation has” are substituted for “Secretary is authorized to establish” because the working capital fund has been established. The words “administrative” before “working” and “Amounts in the fund are available” are added for clarity. The words “the Secretary of Transportation decides are” are substituted for “as he shall find to be” for clarity. The words “desirable for the economy” are substituted for “desirable in the interest of economy” to eliminate unnecessary words. The words “such services as” before “a central supply service” and “in whole or in part” before “the requirements of the Department” are omitted as surplus. The words “the requirements of the Department” are substituted for “the requirements of the Department and its agencies” because they are inclusive.
In subsection (b), the words “Amounts in the fund” are added for clarity. The words “Amounts may be appropriated to the fund” are substituted for “(which appropriations are hereby authorized)” for clarity.
In subsection (c), the words “The fund consists of” are substituted for “The capital of the fund shall consist of” and “The fund shall also be credited with” for clarity. The word “reasonable” is substituted for “fair and reasonable” because it is inclusive. The words “amounts appropriated to the fund” are substituted for “of any appropriations made for the purpose of providing capital” for clarity. The words “amounts received from the sale” are substituted for “receipts from the sale”, and the words “payments received for loss” are substituted for “receipts in payment for”, as being more precise.
In subsection (d), the words “agencies and offices in” after “available funds of” are omitted because they are included in “Department”. The words “Amounts in the fund, in excess of amounts” are added for clarity. The words “any surplus found in the fund . . . above the” after “miscellaneous receipts” are omitted because of the restatement of this section. The words “to establish and” before “maintain” are omitted because the working capital fund has been established. The words “deposited in the Treasury” are substituted for “covered into the United States Treasury” for consistency. The words “are . . . in determining the amount of the excess” are added for clarity.

§ 328. Transportation Systems Center working capital fund(a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries.

(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.

(c) The capital of the fund consists of—(1) amounts appropriated to the fund;

(2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980;

(3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and

(4) the reasonable value of property and other assets donated to the fund.

(d) The fund shall be reimbursed or credited with—(1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for—(A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and

(B) acquiring property and equipment under regulations the Secretary prescribes; and

(2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund.

(e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2425.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

328(a)49:1657(r)(1) (1st sentence, 2d sentence words before last comma, last sentence).Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 9(r); added May 30, 1980, Pub. L. 96–254, § 207, 94 Stat. 413.
328(b)49:1657(r)(1) (2d sentence words after last comma), (2)(B) (words after last comma).
328(c)49:1657(r)(2)(A), (B) (words before last comma), (C).
328(d)49:1657(r)(3).
328(e)49:1657(r)(4).

In subsection (a), the words “Department of Transportation has” are substituted for “Secretary is authorized to establish” because the working capital fund has been established. The text of 49:1657(r)(1) (2d sentence words before last comma) are omitted as executed. The words “The Transportation Systems Center is authorized to perform” are omitted as unnecessary because of the restatement. The word “approves” is substituted for “direct . . . and, when approved by the Secretary” to eliminate unnecessary words. The words “or his designee” are omitted because of section 322(b) of the revised title.
In subsection (c)(3) and (4), the words “fair and” are omitted as surplus.
In subsection (c)(3), the words “by the Department and other agencies of the Government” are omitted as surplus.
In subsection (c)(4), the words “from other sources” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “or his designee” are omitted because of section 322(b) of the revised title.
In subsection (e), the words “The Secretary shall deposit” are substituted for “there shall be transferred” for clarity and consistency. The words “in the fund” are added for clarity.

§ 329. Transportation information(a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.

(b) The Secretary shall—(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on (A) the origin and destination of passengers in interstate air transportation (as that term is used in part A of subtitle VII of this title), and (B) the number of passengers traveling by air between any two points in interstate air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight and the flight number under which such flight operates are used solely for interstate air transportation and are not used for providing essential air transportation under subchapter II of chapter 417 of this title;

(2) study the possibilities of developing air commerce and the aeronautical industry; and

(3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.

(c)(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may—(A) make special statistical studies on foreign and domestic transportation;

(B) make special studies on other matters related to duties and powers of the Secretary;

(C) prepare, from records of the Department of Transportation, special statistical compilations; and

(D) provide transcripts of studies, tables, and other records of the Department.

(2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information.

(d) To assist in carrying out duties and powers under part A of subtitle VII of this title, the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that part.

(e) Incidents and Complaints Involving Passenger and Baggage Security Screening.—(1) Publication of data.—The Secretary of Transportation shall publish data on incidents and complaints involving passenger and baggage security screening in a manner comparable to other consumer complaint and incident data.

(2) Monthly reports from secretary of homeland security.—To assist in the publication of data under paragraph (1), the Secretary of Transportation may request the Secretary of Homeland Security to periodically report on the number of complaints about security screening received by the Secretary of Homeland Security.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2426; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–443, § 5(a), Oct. 4, 1984, 98 Stat. 1705; Pub. L. 103–272, § 4(j)(7), July 5, 1994, 108 Stat. 1366; Pub. L. 104–287, § 5(3), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 108–176, title IV, § 421, title VIII, § 805(a), Dec. 12, 2003, 117 Stat. 2551, 2587.)

Amendment of Subsection (b)(1)Pub. L. 108–176, title VIII, § 805, Dec. 12, 2003, 117 Stat. 2588, provided that, effective on the date of the issuance of a final rule to modernize the Origin and Destination Survey of Airline Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15, 1998 (Regulation Identifier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under subsection (b)(1) of this section, subsection (b)(1) of this section is amended by striking “except that in no case” and all that follows through the semicolon at the end and inserting the following: “except that, if the Secretary requires air carriers to provide flight-specific information, the Secretary—
“(A) shall not disseminate fare information for a specific flight to the general public for a period of at least 9 months following the date of the flight; and
“(B) shall give due consideration to and address confidentiality concerns of carriers, including competitive implications, in any rulemaking prior to adoption of a rule requiring the dissemination to the general public of any flight-specific fare;”.

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

329(a)49:1634.Sept. 30, 1965, Pub. L. 89–220, § 4, 79 Stat. 893.
 49:1655(a)(2)(A) (related to 49:1634).Oct. 15, 1966, Pub. L. 89–670, §§ 6(a)(2)(A) (related to § 4 of the Act of Sept. 30, 1965), 9(n), 80 Stat. 937, 946.
329(b)49:1352.Aug. 23, 1958, Pub. L. 85–726, § 311, 72 Stat. 751.
329(c)(1)49:1657(n)(1) (less last 17 words).
329(c)(2)49:1657(n)(1) (last 17 words), (2).
329(d)49:1343(b).Aug. 23, 1958, Pub. L. 85–726, § 302(d), 72 Stat. 746.

In subsection (a), the word “information” is substituted for “data, statistics, and other information” in 49:1634 to eliminate unnecessary words. The words “transportation system of the United States” are substituted for “national transportation system” in 49:1634 for clarity and consistency. The words “in carrying out this activity” before “the Secretary shall” in 49:1634 are omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” in 49:1634 for clarity and consistency. The words “To the greatest extent practical” are substituted for “insofar as practicable” in 49:1634 for consistency. The words “The Secretary shall” are added for clarity.
In subsection (b), the words “by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil Aeronautics Board under title IV of that Act (49 U.S.C. 1371 et seq.)” are substituted for “the Board under subchapter IV and VII of this chapter)” in 49:1352 because 49:1655(d) (1st sentence) transferred duties of the Civil Aeronautics Board under 49:ch. 20, subch. VII to the Secretary of Transportation to be carried out through the National Transportation Safety Board. The reference to the National Transportation Safety Board is to the independent Board established by section 303(a) of the Independent Safety Board Act of 1974 (Pub. L. 93–633, 88 Stat. 2167) outside the Department of Transportation and not to the prior Board that was a part of the Department. The words “departments, agencies, and instrumentalities of the Government” are substituted for “government channels” in 49:1352 for clarity and consistency.
In subsection (c)(1), the words “of the United States” are added for clarity and consistency. The words “of a State, territory, or possession” are substituted for “thereof” after “subdivision” for clarity. The words “related to the duties and powers of the Secretary” are substituted for “falling within the province of the Department” for clarity and consistency.
In subsection (c)(2), the words “governmental authority requesting information under paragraph (1) of this subsection” are substituted for “body requesting it” for clarity and consistency. The word “separate” before “account” is omitted as unnecessary and for consistency. The words “must pay” are substituted for “upon the payment” after “other records” for clarity. The words “preparing the information” are substituted for “such work” after “actual cost of” for clarity. The word “payments” is substituted for “All moneys received by the Department in payment of the cost of work under paragraph (1)” to eliminate unnecessary words. The words “in the Treasury” are added for clarity and consistency. The words “The Secretary may use amounts in the account” are substituted for “These moneys may be used, in the discretion of the Secretary” for clarity and to eliminate unnecessary words. The words “to getting and providing the information” are substituted for “to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States” for clarity and to eliminate unnecessary words.
In subsection (d), the words “in carrying out duties and powers under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.)” are substituted for “in discharge of responsibilities under this chapter” in 49:1343(b) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and for consistency. The words “directly related to carrying out that part” are substituted for “directly relating to such responsibilities” in 49:1343(b) because of the restatement of the source provisions.

Pub. L. 103–272Section 4(j)(7) amends 49:329 to omit references to overseas air transportation because there no longer is a distinction between interstate air transportation and overseas air transportation.

Pub. L. 104–287This amends 49:329 to make conforming amendments necessary because of the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 745).

Amendments2003—Subsec. (e). Pub. L. 108–176, § 421, added subsec. (e).
1996—Subsec. (b)(1). Pub. L. 104–287, § 5(3)(A), substituted “(as that term is used in part A of subtitle VII of this title)” for “(as those terms are used in such Act)”.
Subsec. (d). Pub. L. 104–287, § 5(3)(B), substituted “that part” for “that Act”.
1994—Subsec. (b)(1). Pub. L. 103–272, § 4(j)(7)(A), substituted “chapter 11 of this title” for “title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.)”, “in interstate air transportation” for “in interstate and overseas air transportation” in two places, “for interstate air transportation” for “for interstate or overseas air transportation”, and “subchapter II of chapter 417 of this title” for “section 419 of the Federal Aviation Act of 1958”.
Subsec. (d). Pub. L. 103–272, § 4(j)(7)(B), substituted “part A of subtitle VII of this title” for “the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)”.
1984—Subsec. (b)(1). Pub. L. 98–443 struck out reference to information collected and disseminated by the Civil Aeronautics Board under section 1371 et seq. of this title, and added cls. (A) and (B).
Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Subsec. (d). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Effective Date of 2003 AmendmentAmendment by section 421 of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–176, title VIII, § 805(b), Dec. 12, 2003, 117 Stat. 2588, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the issuance of a final rule to modernize the Origin and Destination Survey of Airline Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15, 1998 (Regulation Identifier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under section 329(b)(1) of title 49, United States Code.”

Effective Date of 1984 AmendmentPub. L. 98–443, § 5(b), Oct. 4, 1984, 98 Stat. 1705, provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 1985.”

Department of Transportation Public Drug and Alcohol Testing DatabasePub. L. 115–271, title VIII, § 8103, Oct. 24, 2018, 132 Stat. 4104, provided that:
“(a) In General.—Subject to subsection (c), the Secretary of Transportation shall—“(1) not later than March 31, 2019, establish and make publicly available on its website a database of the drug and alcohol testing data reported by employers for each mode of transportation; and

“(2) update the database annually.

“(b) Contents.—The database under subsection (a) shall include, for each mode of transportation—“(1) the total number of drug and alcohol tests by type of substance tested;

“(2) the drug and alcohol test results by type of substance tested;

“(3) the reason for the drug or alcohol test, such as pre-employment, random, post-accident, reasonable suspicion or cause, return-to-duty, or follow-up, by type of substance tested; and

“(4) the number of individuals who refused testing.

“(c) Commercially Sensitive Data.—The Department of Transportation shall not release any commercially sensitive data or personally identifiable data furnished by an employer under this section unless the data is aggregated or otherwise in a form that does not identify the employer providing the data.

“(d) Savings Clause.—Nothing in this section may be construed as limiting or otherwise affecting the requirements of the Secretary of Transportation to adhere to requirements applicable to confidential business information and sensitive security information, consistent with applicable law.”

§ 330. Research activities(a) In General.—The Secretary of Transportation may make contracts with educational institutions, public and private agencies and organizations, and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show that it is able to carry out the contract.

(b) Responsibilities.—In carrying out this section, the Secretary shall—(1) give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary;

(2) participate in coordinating all research started under this section;

(3) indicate the lines of inquiry most important to the Secretary; and

(4) encourage and assist in establishing and maintaining cooperation by and between contractors and between them and other research organizations, the Department of Transportation, and other departments, agencies, and instrumentalities of the United States Government.

(c) Publications.—The Secretary may distribute publications containing information the Secretary considers relevant to research carried out under this section.

(d) Duties.—The Secretary shall provide for the following:(1) Coordination, facilitation, and review of Department of Transportation research and development programs and activities.

(2) Advancement, and research and development, of innovative technologies, including intelligent transportation systems.

(3) Comprehensive transportation statistics research, analysis, and reporting.

(4) Education and training in transportation and transportation-related fields.

(5) Activities of the Volpe National Transportation Systems Center.

(6) Coordination in support of multimodal and multidisciplinary research activities.

(e) Additional Authorities.—The Secretary may—(1) enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and to carry out other research activities of the Department of Transportation;

(2) carry out, on a cost-shared basis, collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with—(A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;

(B) Federal laboratories; and

(C) other Federal agencies; and

(3) directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Academies, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.

(f) Federal Share.—(1) In general.—Subject to paragraph (2), the Federal share of the cost of an activity carried out under subsection (e)(3) shall not exceed 50 percent.

(2) Exception.—If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share.

(3) Non-federal share.—All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subsection (e)(3).

(g) Program Evaluation and Oversight.—For each of fiscal years 2016 through 2020, the Secretary is authorized to expend not more than 1 ½ percent of the amounts authorized to be appropriated for the coordination, evaluation, and oversight of the programs administered by the Office of the Assistant Secretary for Research and Technology.

(h) Use of Technology.—The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this section, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

(i) Waiver of Advertising Requirements.—Section 6101 of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2427; Pub. L. 114–94, div. A, title VI, § 6011(b), Dec. 4, 2015, 129 Stat. 1568.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

330(a)49:1657(q)(1).Oct. 15, 1966, Pub. L. 89–670, § 9(q)(1)–(3), 80 Stat. 947.
 49:1657(q)(2) (1st sentence).
330(b)49:1657(q)(2) (less 1st sentence).
330(c)49:1657(q)(3).

In subsection (a), the words “may make contracts” are substituted for “is authorized to enter into contracts” to eliminate unnecessary words. The words “the conduct of” before “scientific” are omitted as surplus. The words “a problem” are substituted for “any aspect of the problems” because of the style of the revised title. The words “carried out by the Secretary” are substituted for “of the Department which are authorized by statute” because the Secretary of Transportation is vested with all duties and powers. The words “Before making a contract” are substituted for “with which he expects to enter into contracts pursuant to this subsection” for clarity and to eliminate unnecessary words. The words “is able to carry out the contract” are substituted for “have the capability of doing effective work” for clarity.
In subsection (b), before clause (1), the words “In carrying out this section” are added for clarity. In clause (1), the word “give” is substituted for “furnish” before “such advice” for consistency. The words “duties and powers of the Secretary” are substituted for “mission of the Department” for clarity and consistency. In clause (4), the word “contractors” is substituted for “the institutions, agencies, organizations, or persons” to eliminate unnecessary words. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” for clarity and consistency.
In subsection (c), the words “considers relevant” are substituted for “as he deems pertinent” as more precise. The words “from time to time” before “disseminate” and “in the form of reports or . . . to public or private agencies or organizations, or individuals” before “such information” are omitted as unnecessary.

References in TextThe Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (h), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

Amendments2015—Pub. L. 114–94, § 6011(b)(1), substituted “activities” for “contracts” in section catchline.
Subsecs. (a) to (c). Pub. L. 114–94, § 6011(b)(2)–(4), inserted headings.
Subsecs. (d) to (i). Pub. L. 114–94, § 6011(b)(5), added subsecs. (d) to (i).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Conflicts of InterestPub. L. 106–159, title I, § 101(g), Dec. 9, 1999, 113 Stat. 1752, provided that:
“(1) Compliance with regulation.—In awarding any contract for research, the Secretary shall comply with section 1252.209–70 of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this section [Dec. 9, 1999]. The Secretary shall require that the text of such section be included in any request for proposal and contract for research made by the Secretary.

“(2) Study.—“(A) In general.—The Secretary shall conduct a study to determine whether or not compliance with the section referred to in paragraph (1) is sufficient to avoid conflicts of interest in contracts for research awarded by the Secretary and to evaluate whether or not compliance with such section unreasonably delays or burdens the awarding of such contracts.

“(B) Consultation.—In conducting the study under this paragraph, the Secretary shall consult, as appropriate, with the Inspector General of the Department of Transportation, the Comptroller General, the heads of other Federal agencies, research organizations, industry representatives, employee organizations, safety organizations, and other entities.

“(C) Report.—Not later than 18 months after the date of the enactment of this Act [Dec. 9, 1999], the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under this paragraph.”

§ 331. Service, supplies, and facilities at remote places(a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places:(1) emergency medical services and supplies.

(2) food and other subsistence supplies.

(3) messing facilities.

(4) motion picture equipment and film for recreation and training.

(5) living and working quarters and facilities.

(6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress.

(b) The Secretary shall prescribe reasonable charges for 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. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made.

(c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2427; Pub. L. 103–272, § 4(j)(8), July 5, 1994, 108 Stat. 1367.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

331(a)49:1657(l) (less last sentence).Oct. 15, 1966, Pub. L. 89–670, § 9(l), 80 Stat. 946.
331(b)49:1657(l) (last sentence).
331(c)49:1344(b).Aug. 23, 1958, Pub. L. 85–726, § 303(b), 72 Stat. 748.

In subsection (a), the text of 49:1657(l) (words before 3d comma) is omitted as unnecessary. The words “of the Department of Transportation” are added for clarity. In clause (6), the words “individuals in distress” are substituted for “distressed persons” as being more precise.
In subsection (b), the words “The Secretary shall prescribe reasonable charges” are substituted for “shall be at prices reflecting reasonable value as determined by the Secretary” for clarity and to eliminate surplus words. The words “services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section” are substituted for “The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection” to eliminate surplus words. The words “Amounts received under this subsection” are substituted for “and the proceeds therefrom” for clarity.
In subsection (c), the words “aviation duties and powers” are substituted for “the Administration” in 49:1344(b) because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The words “before June 1” are substituted for “prior to the first day of March” in 49:1344(b) to conform to the change in the start of the fiscal year from July 1 to October 1 under 31:1020(a)(2). The words “and materials necessary” after “supplies” in 49:1344(b) are omitted as surplus. The words “to carry out those duties and powers” are substituted for “necessary to the proper execution of the Secretary of Transportation’s functions” in 49:1344(b) for clarity and consistency. The words “the 48 contiguous States and the District of Columbia” are substituted for “the continental United States” in 49:1344(b) for clarity. The words “including those in Alaska” before “in amounts” in 49:1344(b) are omitted as unnecessary because of the restatement of the section. The words “The amount obligated under this subsection in a fiscal year” in 49:1344(b) are added for clarity. The words “available for buying and transporting supplies to those installations” are substituted for “made available for such purposes” in 49:1344(b) for clarity. The word “succeeding” after “next” in 49:1344(b) is omitted as surplus.

Pub. L. 103–272Section 4(j)(8) amends 49:331(b) to follow more closely the language in former 49:1657(l) on which it was based.

Amendments1994—Subsec. (b). Pub. L. 103–272 substituted “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” for “services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section”.

§ 332. Minority Resource Center(a) In this section, “minority” includes women.

(b) The Department of Transportation has a Minority Resource Center. The Center may—(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;

(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;

(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;

(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;

(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;

(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and

(7) make arrangements to carry out this section.

(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals.

(d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.

(e) Bonding Assistance.—(1) In general.—The Secretary, acting through the Minority Resource Center established under subsection (b), shall provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises pursuant to subsection (b)(4).

(2) Authorization of appropriation.—There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out activities under this subsection.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2428; Pub. L. 109–59, title I, § 1951, Aug. 10, 2005, 119 Stat. 1514.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

332(a)49:1657a(e).Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 11; added Feb. 5, 1976, Pub. L. 94–210, § 906(2), 90 Stat. 149.
332(b)49:1657a(a), (c).
332(c)49:1657a(b).
332(d)49:1657a(d).

In subsection (b), before clause (1), the word “has” is substituted for “The Secretary shall, within 180 days after February 5, 1976, establish” because the time for establishing the Center has expired and the Center has been established. The words “The Department of Transportation” are added because of the restatement of the section. The words “(hereafter in this section referred to as the ‘Center’)” after “Minority Resource Center” are omitted because of the style of the revised title.
In subsection (b)(1), the word “include” is substituted for “establish and maintain”, and the words “to disseminate information” are substituted for “and disseminate information from”, for clarity. The words “to them . . . related to” are substituted for “to such entrepreneurs and businesses . . . with respect to” to omit unnecessary words. The words “for purposes of furnishing . . . information” before “with respect to” are omitted as surplus.
In subsection (b)(2), the words “those business opportunities” are substituted for “such opportunities” after “identify” for clarity.
In subsection (b)(4), the words “those business opportunities” are substituted for “the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation’s railroads” to eliminate surplus words.
In subsection (b)(5), the words “related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the nation’s railroads” are omitted as unnecessary because of the restatement.
In subsection (b)(7), the words “make arrangements” are substituted for “enter into such contracts, cooperative agreements, or other transactions” to eliminate unnecessary words. The words “as may be necessary” after “transactions” are omitted as surplus. The words “to carry out this section” are substituted for “in the conduct of its functions and duties” for clarity and consistency.
In subsection (c), the words “The Secretary shall make the appointments” and the words “Each of those trade associations may submit a list of not more than” are added for clarity and because of the restatement of the section.
In subsection (d), the words “in carrying out this section” are substituted for “in connection with the performance of its functions” for clarity and consistency.

Amendments2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).

Abolition of United States Railway Association and Transfer of Functions and Securities
The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads.

§ 333. Responsibility for rail transportation unification and coordination projects(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest.

(b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.

(c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through—(A) elimination of duplicating or overlapping operations and facilities;

(B) reducing switching operations;

(C) using the shortest or more efficient and economical routes;

(D) exchanging trackage rights;

(E) combining trackage and terminal or other facilities;

(F) upgrading tracks and other facilities used by at least 2 rail carriers;

(G) reducing administrative and other expenses; and

(H) other measures likely to reduce costs and improve rail transportation.

(2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11904 of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary.

(d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference—(A) officers and directors of an affected rail carrier;

(B) representatives of rail carrier employees who may be affected;

(C) representatives of the Surface Transportation Board;

(D) State and local government officials, shippers, and consumer representatives; and

(E) representatives of the Federal Trade Commission and the Attorney General.

(2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project.

(e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Surface Transportation Board under section 11323(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11324(b) of this title. When the proposal is the subject of an application and proceeding before the Board, the Secretary may appear in any proceeding related to the application.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104–88, title III, § 308(b), Dec. 29, 1995, 109 Stat. 946; Pub. L. 112–141, div. C, title II, § 32932(a)(3), (4), July 6, 2012, 126 Stat. 829.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

333(a)49:1654(a).Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(a)–(e); added Feb. 5, 1976, Pub. L. 94–210, § 401, 90 Stat. 61.
333(b)49:1654(b).
333(c)49:1654(c).
333(d)49:1654(d).
333(e)49:1654(e).

In the section, the word “transportation” is substituted for “services” for consistency.
In subsection (a), the words “feasible” and “but not limited to” are omitted as surplus.
In subsection (b), the words “In order” are omitted as surplus. The words “at least 2” are substituted for “two or more” for consistency.
In subsection (c)(1), the words “as are deemed” are omitted as unnecessary.
In subsection (c)(2), the words “and the study described in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976” and “or such section 901” are omitted as executed. The word “nature” is omitted as covered by “kind”. The word “When” is substituted for “to the extent” for consistency. The word “necessary” is omitted as being included in “appropriate”. A cross-reference to section 203(c) of the Regional Rail Reorganization Act of 1973 is included even though the law is unclear because section 1149 of the Omnibus Reconciliation Act of 1981 (Pub. L. 97–35, 95 Stat. 675) amended section 203 to repeal the powers referred to in the source provisions. No position is taken as to whether the powers described in section 203(c) are still in existence.
In subsection (d)(1)(A), the word “appropriate” is omitted as surplus.
In subsection (d)(1)(C), the words “representatives of” are added for consistency in the section.
In subsection (e), the words “in his judgment” are omitted as unnecessary and covered by “decide”. The word “satisfies” is substituted for “is in accordance with the standards set forth in” to eliminate unnecessary words.

References in TextSection 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to section 713 of Title 45, Railroads, was amended generally by Pub. L. 97–35, title XI, § 1149, Aug. 13, 1981, 95 Stat. 675, and as so amended does not contain a subsec. (c). For further details, see the fifth par. of Historical and Revision Notes above.

Amendments2012–Subsec. (d)(1)(C). Pub. L. 112–141, § 32932(a)(3), substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
Subsec. (e). Pub. L. 112–141, § 32932(a)(4), substituted “Surface Transportation Board” for “Interstate Commerce Commission” and “Board” for “Commission”.
1995—Subsec. (c)(2). Pub. L. 104–88, § 308(b)(1), substituted “11904” for “11910(a)(1)”.
Subsec. (e). Pub. L. 104–88, § 308(b)(2), substituted “11323(a)” for “11343(a)” and “11324(b)” for “11344(b)”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

[§§ 334, 335. Repealed. Pub. L. 103–272, § 4(j)(9)(A), July 5, 1994, 108 Stat. 1367]

Section 334, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–223, title III, § 304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–690, title VII, § 7207(c)(3), Nov. 18, 1988, 102 Stat. 4428, related to a limit on aviation charges. See section 45301 of this title.

Section 335, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2430, authorized appropriations to the Secretary of Transportation for fiscal years ending Sept. 30, 1983, and Sept. 30, 1984.

§ 336. Civil penalty procedures(a) After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.

(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(d) The Secretary may refund or remit a civil penalty collected under this section if—(1) application has been made for refund or remission of the penalty within one year from the date of payment; and

(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.

(Added Pub. L. 101–225, title III, § 305(1), Dec. 12, 1989, 103 Stat. 1924.)

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§ 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.
(Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

33749 App.:1652b (note).Nov. 16, 1990, Pub. L. 101–604, § 102(d), 104 Stat. 3069.

The words “the Secretary of Transportation submits” are substituted for “submission for the Department of Transportation”, and the words “budget request for the Office” are substituted for “budget request for the Director”, for clarity and consistency in the revised title and with other titles of the United States Code.

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 Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), or an action of the Administrator of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Federal Aviation 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 Administrator 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)(1)–(4) and (6)(A) of the Act.

(Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1367; Pub. L. 109–59, title IV, § 4125(b), Aug. 10, 2005, 119 Stat. 1738.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

35149 App.:1653(c).Oct. 15, 1966, Pub. L. 89–670, § 4(c), 80 Stat. 933.

In this subchapter, the words “duty or power” are substituted for “functions, powers, and duties” for clarity and consistency. The words “department, agency, or instrumentality of the United States Government” are substituted for “department or agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word “orders” is omitted as being included in “action”.

References in TextThe Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

Amendments2005—Subsec. (a). Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.

Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§ 352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government 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 instrumentality.
(Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1368; Pub. L. 109–59, title IV, § 4125(c), Aug. 10, 2005, 119 Stat. 1738.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

35249 App.:1653(d).Oct. 15, 1966, Pub. L. 89–670, § 4(d), 80 Stat. 934.

The words “force and” are omitted as surplus.

References in TextThe Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

Amendments2005—Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.

§ 353. Toxicological testing of officers and employees(a) Collecting Specimens.—When the Secretary of Transportation or the head of a component of the Department of Transportation 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 investigative 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.

(Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

35349 App.:1657–1.Nov. 28, 1990, Pub. L. 101–641, § 5, 104 Stat. 4656.

In this section, the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words “Secretary of Transportation or the head of a component of the Department of Transportation” are substituted for “Department of Transportation, including any of its agencies” for consistency in the revised title and with other titles of the Code.
In subsection (b), the word “Secretary” is substituted for “Office of the Secretary of Transportation” for consistency in the revised title and with other titles of the Code. The words “within that agency” are omitted as unnecessary.
In subsection (c), the words “An officer or employee required to submit to toxicological testing may not assert” are substituted for “may not be asserted” for clarity.

§ 354. Investigative authority of Inspector General(a) In General.—The statutory authority of the Inspector General of the Department of Transportation includes authority to conduct, pursuant to Federal criminal statutes, investigations of allegations that a person or entity has engaged in fraudulent or other criminal activity relating to the programs and operations of the Department or its operating administrations.

(b) Regulated Entities.—The authority to conduct investigations referred to in subsection (a) extends to any person or entity subject to the laws and regulations of the Department or its operating administrations, whether or not they are recipients of funds from the Department or its operating administrations.

(Added and amended Pub. L. 108–168, § 8(a), (b)(1), Dec. 6, 2003, 117 Stat. 2034.)

Codification
The text of section 228 of Pub. L. 106–159, formerly set out as a note under section 4 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 108–168, § 8(a), (b)(1), was based on Pub. L. 106–159, title II, § 228, Dec. 9, 1999, 113 Stat. 1773.

Amendments2003—Pub. L. 108–168 renumbered section 228 of Pub. L. 106–159 as this section and substituted “Investigative authority of Inspector General” for “DOT Authority” in section catchline. See Codification note above.

Deposit of Forfeited FundsPub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2724, provided in part: “That hereafter funds transferred to the Office of the Inspector General through forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from the forfeiture of property in investigations in which the Office of Inspector General participates, or through the granting of a Petition for Remission or Mitigation, shall be deposited to the credit of this account [Office of Inspector General, Salaries and Expenses] for law enforcement activities authorized under the Inspector General Act of 1978, as amended [5 U.S.C. App.], to remain available until expended.”

Similar provisions were contained in the following prior appropriation act:
Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 600.

CHAPTER 5—SPECIAL AUTHORITY

SUBCHAPTER I—POWERS

Sec.

501.Definitions and application.

502.General authority.

503.Service of notice and process on certain motor carriers of migrant workers and on motor private carriers.

504.Reports and records.

505.Arrangements and public records.

506.Authority to investigate.

507.Enforcement.

508.Safety performance history of new drivers; limitation on liability.

SUBCHAPTER II—PENALTIES

521.Civil penalties.

522.Reporting and record keeping violations.

523.Unlawful disclosure of information.

524.Evasion of regulation of motor carriers.

525.Disobedience to subpenas.11 Section catchline amended by Pub. L. 112–141 without corresponding amendment of chapter analysis.

526.General criminal penalty when specific penalty not provided.

Amendments1998—Pub. L. 105–178, title IV, § 4014(a)(2), June 9, 1998, 112 Stat. 411, added item 508.
1997—Pub. L. 105–102, § 2(1), Nov. 20, 1997, 111 Stat. 2204, struck out “DUTIES AND” before “POWERS” in item for heading of subchapter I.

SUBCHAPTER I—POWERS

Amendments1997—Pub. L. 105–102, § 2(2), Nov. 20, 1997, 111 Stat. 2204, struck out “AND” before “POWERS”.
1995—Pub. L. 104–88, title III, § 308(c)(1), Dec. 29, 1995, 109 Stat. 947, struck out “DUTIES” before “AND”.

§ 501. Definitions and application(a) In this chapter—(1) the definitions in sections 10102 and 13102 of this title apply.

(2) “migrant worker” has the same meaning given that term in section 31501 of this title.

(3) “motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 31502(c) of this title.

(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.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–548, § 2(c), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§ 4(j)(11)(A), 5(m)(9), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–88, title III, § 308(c)(2), Dec. 29, 1995, 109 Stat. 947.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

501(a)(no source).
501(b)45:15.Apr. 14, 1910, ch. 160, § 6, 36 Stat. 299.
 49:26(g).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(g); added Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919.
 49:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

In the chapter, the source provisions are those in effect on March 31, 1967, the day before the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931), because 49:1655(f)(2) gave the Secretary of Transportation the same powers enumerated in 49:1655(f)(2) that the Interstate Commerce Commission had before certain duties and powers under 49:1655(e) were transferred on April 1, 1967, from the Commission to the Secretary. All references to brokers in the source provisions are omitted as not being applicable to the duties and powers transferred to the Secretary of Transportation.
Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title.
In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in chapter 31 of the revised title and 45:4, 5, 6 (in carrying out 45:4 and 5), 11, 12, 13 (proviso), 13 (less proviso in carrying out 45:11, 12, and 13 (proviso)), and 61–64b, and 49:26(a)–(f) (words before last semicolon) and (h). The administrative powers of the Secretary under the chapter are based on the administrative powers of 49:1655(f)(2). That provision lists administrative powers the Commission had under the Interstate Commerce Act (ch. 104, 24 Stat. 379) to carry out the Act, and certain other laws authorized the Commission to use its powers under the Act to carry out those other laws. The administrative powers listed in 49:1655(f)(2) and codified in the chapter therefore apply only to a law listed in 49:1655(e) that was a part of the Interstate Commerce Act or to which the powers of the Commission under the Act were applied. The text of 45:61–64b is included because section 4 of the Act of March 4, 1907 (ch. 2939, 34 Stat. 1417), stated, “It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this Act”. The transfer to the Secretary was executed on March 31, 1967. The Act of March 4, 1907, was restated by the Act of December 26, 1969 (Pub. L. 91–169, 83 Stat. 463); section 4 was not included in the restatement. However, repeal by implication is not favored and the transfer was completed on March 31, 1967. Therefore, the text of 45:61–64b is included within the scope of the chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

Pub. L. 103–272Section 4(j)(11) makes conforming amendments to 49:ch. 5 to reflect the restatement of 49:508 and related provisions in chapter 59 of the revised title.

Amendments1995—Subsec. (a)(1). Pub. L. 104–88 substituted “sections 10102 and 13102” for “section 10102”.
1994—Subsec. (a)(2). Pub. L. 103–272, § 5(m)(9)(A), substituted “section 31501” for “section 3101”.
Subsec. (a)(3). Pub. L. 103–272, § 5(m)(9)(B), substituted “section 31502(c)” for “section 3102(c)”.
Subsec. (a)(4) to (9). Pub. L. 103–272, § 4(j)(11)(A), struck out pars. (4) to (9) which defined “beneficial owner”, “carrier”, “container”, “initial carrier”, “intermodal transportation”, and “trailer”, respectively.
Subsec. (b). Pub. L. 103–272, § 5(m)(9)(C), added subsec. (b) and struck out former subsec. (b) which read as follows: “This chapter only applies in carrying out—
“(1) chapter 31 of this title; and
“(2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966.”
1992—Subsec. (a)(4) to (9). Pub. L. 102–548 added pars. (4) to (9).
1984—Subsec. (b)(2). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

Effective Date of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Short Title of 1992 AmendmentPub. L. 102–548, § 1, Oct. 28, 1992, 106 Stat. 3646, provided that: “This Act [enacting section 508 of this title, amending this section and section 521 of this title, and enacting provisions set out as notes under section 508 of this title] may be cited as the ‘Intermodal Safe Container Transportation Act of 1992’.”

§ 502. General authority(a) The Secretary of Transportation shall carry out this chapter.

(b) The Secretary may—(1) inquire into and report on the management of the business of rail carriers and motor carriers;

(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and

(3) obtain from those carriers and persons information the Secretary determines to be necessary.

(c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—(1) confer and hold joint hearings with State authorities;

(2) cooperate with and use the services, records, and facilities of State authorities; and

(3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.

(d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.

(e)(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.

(2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.

(3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. 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 taken 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.

(5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.

(f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103–272, § 4(j)(12), July 5, 1994, 108 Stat. 1368.)

Historical and Revision Notes

Pub. L. 97–449

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

50249:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
502(c)–(f)49:304(a)(3) (last sentence) (related to “Sec. 305”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 205”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 305”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 205”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 50249 U.S. CodeRevised Section

(a), (b)12(1)(a) (1st sentence, 2d sentence, and last sentence words before 1st semicolon).10321
 304(a) (matter before (1)), (6), (7) (less words after semicolon).10321
(c)305(f).11502
(d)12(1)(a) (last sentence words after last semicolon), (2), (3).10321
 305(d) (related to Commission subpena power).10321
(e)(1)–(3)12(4).10321
 305(d) (related to depositions taken by Commission).10321
(e)(4) and (5)12(5), (6).10321
 305(d) (related to depositions taken by Commission).10321
(f)12(7).10321
 18(1) (last sentence).10321
 305(d) (related to depositions taken by Commission).10321

See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:305(a)–(c), (e), and (g)–(j) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsection (b), the text of 49:12(1)(a) (2d sentence words after semicolon) is omitted as unnecessary because the Secretary of Transportation already has authority under chapter 3 of the revised title to make recommendations to Congress.
In subsections (c)–(f), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (c), the words “economic and” are omitted as not being transferred to the Secretary. The text of 49:305(f) (last sentence) is omitted as not applicable to this chapter.
In subsection (d), the reference to joint boards in 49:305(d) is omitted as not applicable to this chapter because 49:305(a) (establishing joint boards) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii).

Pub. L. 103–272Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the change in the name of United States magistrates to United States magistrate judges made by section 321 of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5117).

Amendments1994—Subsec. (e)(2). Pub. L. 103–272 inserted “judge” after “United States magistrate”.

§ 503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.

(b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary.

(c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2432.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

50349:304(a)(3) (last sentence) (related to “Sec. 321”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 221”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 321”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 221”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
 49:1655(e)(6)(D) (related to “Sec. 321(a), (c)”).Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(D) (related to “Sec. 221(a), (c)”), 80 Stat. 940.

The section is included because 49:1655(e)(6)(D) transferred to the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Commission under 49:321(a) and (c) to the extent those subsections relate to motor carriers of migrant workers and motor private carriers. The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 50349 U.S. CodeRevised Section

(a), (b)321(a).10329
(c)321(c).10330

See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the words “motor carriers” are omitted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers of migrant workers, other than motor contract carriers, and to motor private carriers, and 49:1655(f)(2)(B)(ii) contains no reference to 49:321. The text of 49:321(b) and (d) is not included because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(e)(6)(D).
In subsection (b), the text of 49:321(a) (less 1st–5th sentences) is omitted as not applicable to this chapter.

§ 504. Reports and records(a) In this section—(1) “association” means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier.

(2) “carrier” means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier.

(3) “lessor” means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another.

(4) “lessor” and “carrier” include a receiver or trustee of that lessor or carrier, respectively.

(b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by—(A) carriers and lessors; and

(B) a person furnishing cars or protective service against heat or cold to or for a rail carrier.

(2) The Secretary may require—(A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and

(B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service.

(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor, or an employee of the recipient of a grant issued under section 31102 of this title) designated by the Secretary, may on demand and display of proper credentials, in person or in writing—(1) inspect the equipment of a carrier or lessor; and

(2) inspect and copy any record of—(A) a carrier, lessor, or association;

(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person’s relation to, or transaction with, that carrier; and

(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.

(d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service.

(e)(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report.

(2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath.

(f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105–178, title IV, § 4006(b), June 9, 1998, 112 Stat. 401; Pub. L. 112–141, div. C, title II, § 32501(a), July 6, 2012, 126 Stat. 802.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

50449:304(a)(3) (last sentence) (related to “Sec. 320(a) (1st, 2d sentences), (b)–(g)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 220(a) (1st, 2d sentences), (b)–(g)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 320(a) (1st, 2d sentences), (b)–(g)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 220(a) (1st, 2d sentences), (b)–(g)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
 49:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
504(f)49:320(f).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 220(f); added Sept. 18, 1940, ch. 722, § 24, 54 Stat. 926.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 50449 U.S. CodeRevised Section

(a)(1), (3), and (4)20(8).3501, 11141
 320(e).11141
(a)(2)(no source).
(b)(1)20(5) (1st sentence), (6) (2d sentence, 1st cl.), (7)(b) (proviso).11144
 320(d) (1st sentence).11144
(b)(2)20(1) (1st sentence less manner and form of reports), (6) (2d sentence, 2d cl.).11145
 320(a) (1st sentence).11145
(c)20(5) (less 1st sentence), (6) (less 2d sentence).11144
 320(d) (3d and 4th sentences).11144
(d)20(7)(b) (proviso).11144
 320(d) (less 1st, 3d, and 4th sentences).11144
(e)20(1) (1st sentence related to manner and form of reports).11145
 320(a) (2d sentence), (b).11145

See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The provisions of 49:320(c) are not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In the section, the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The text of 49:320(b) (related to 13-period accounting year) and (g) is not included because it was enacted after the effective date of the transfer authority under 49:1655.
In subsection (a), references to “water line” and “pipe line” are omitted as not applicable to this chapter. Clause (2) is added to provide a simple phrase to refer to all types of carriers to which the section applies.
In subsection (f), the words “the course of the” are omitted as surplus. The words “civil action” are substituted for “suit or action” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Amendments2012—Subsec. (c). Pub. L. 112–141 inserted “, or an employee of the recipient of a grant issued under section 31102 of this title” after “a contractor” and “, in person or in writing” after “proper credentials” in introductory provisions.
1998—Subsec. (c). Pub. L. 105–178 inserted “(and, in the case of a motor carrier, a contractor)” after “employee” in introductory provisions.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 505. Arrangements and public records(a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding.

(b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in section 504(f) of this title, in a judicial proceeding.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2434.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

50549:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
505(a)49:304(a)(3) (last sentence) (related to “Sec. 320(a) (less 1st, 2d sentences)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 220(a) (less 1st, 2d sentences)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 320(a) (less 1st, 2d sentences)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 220(a) (less 1st, 2d sentences)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 50549 U.S. CodeRevised Section

(a)320(a) (less 1st, 2d sentences).10764
(b)16(13).10303
 304(d) (related to administrative matters).10303

See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a), the text of 49:320(a) (proviso) is not included for motor carriers of migrant workers and motor private carriers because that provision, while included in the enumeration in 49:304(a)(3) and (3a), is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 40:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words “also” and “with it” are omitted as surplus. The words “contract, agreement, or” are omitted as covered by “arrangement”. The words “carrier or” are omitted as covered by “person”. The words “related to a matter under this chapter” are substituted for “in relation to any traffic affected by the provisions of this chapter” for clarity because of section 501 of the revised title.
Subsection (b) does not apply to reports made to the Secretary by a rail carrier because 49:16(13) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. References to schedules, classifications, and tariffs are omitted as not applicable to this chapter. The words “Except as provided in subsection (a) of this section” are added for clarity. The words “except as provided in section 504(f) of this title” are added for clarity and consistency because of the restatement of the chapter.

§ 506. Authority to investigate(a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding.

(b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant.

(c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2434.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

50649:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
506(a), (b)49:304(a)(3) (last sentence) (related to “Sec. 304(c)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 204(c)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546; Sept. 18, 1940, ch. 722, § 20(b)(4), 54 Stat. 922.
 49:304(a)(3a) (last sentence) (related to “Sec. 304(c)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 204(c)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 50649 U.S. CodeRevised Section

(a)13(1) (1st sentence less words before semicolon, last sentence), (2) (1st, 2d sentences).11701
 304(c) (1st sentence words after 5th comma, 2d sentence).11701
(b)13(1) (1st sentence words before semicolon).11701
 13(2) (less 1st, 2d sentences).11701
 304(c) (less 1st sentence words after 5th comma, 2d sentence).11701
(c)14.10310
 304(d) (related to reports).10310

See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsections (a) and (b), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Subsection (a) is patterned after 49:304(c). The words “violating this chapter” are substituted for “failed to comply with any such provision or requirement” for clarity.
In subsection (b), the text of 49:13(2) (last sentence) is omitted because 49:13(3) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The words “referred to in subsection (a) of this section” are added for clarity.
Subsection (c) does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) applies only to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. The word “proceeding” is substituted for “investigation” for clarity and to conform to other sections of the revised title. The word “findings” is added for clarity. The word “decision” is omitted as covered by “conclusions”. The words “or requirement” are omitted as covered by “order”. The words “in the premises” are omitted as surplus. The words “and in case damages are awarded, such report shall include the findings of fact on which the award is made” are omitted as not applicable to this chapter. The words “entered of record”, “and decisions in such form and manner as may be best adapted for public information and use”, and “in all courts of the United States and of the several States without any further proof or authentication thereof” are omitted as surplus. The text of 49:14(3) (last sentence) is omitted as unnecessary.

§ 507. Enforcement(a) The Secretary of Transportation may bring a civil action to enforce—(1) an order of the Secretary under this chapter when violated by a rail carrier; and

(2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder.

(b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary.

(c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or an order or regulation issued under any of those provisions. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.

(d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection.

(e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier—(1) trial is in the judicial district in which the carrier operates;

(2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and

(3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, § 213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L. 103–272, § 5(m)(10), July 5, 1994, 108 Stat. 1376.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

50749:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
507(a), (d)49:304(a)(3) (last sentence) (related to “Sec. 322(b)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 222(b)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 322(b)”).Feb 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 222(b)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 50749 U.S. CodeRevised Section

(a)16(12) (related to Commission action).11702
 322(b)(1) (less 1st sentence last 18 words, 2d sentence, last sentence).11702
 1017(b)(1) (related to Commission action).11702
(b)12(1)(a) (last sentence less words before 1st semicolon and after last semicolon).11703
 16(12) (related to action by the Attorney General).11703
 20(9).11703
(c)16(12) (related to action by private person).11705
 1017(b)(1) (related to action by the Attorney General).11703
(d)322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence).11702
 1017(b)(1) (related to action by private person).11705

See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the text of 49:322(b)(2) and (3) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsections (a) and (d), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (a), the words “or of any term or condition of any certificate or permit” are omitted as not applicable to this chapter.
In subsection (a)(1), reference to a civil action to enforce an order for the payment of money is omitted as not applicable to this chapter.

Amendments1994—Subsec. (c). Pub. L. 103–272 substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984” and “any of those provisions” for “such section or Act”.
1984—Subsecs. (c) to (e). Pub. L. 98–554 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

DOT Implementation PlanPub. L. 105–178, title IV, § 4026, June 9, 1998, 112 Stat. 416, provided that:
“(a) Assessment.—Not later than 18 months after the date of enactment of this section [June 9, 1998], the Secretary [of Transportation] shall assess the scope of the problem of shippers, freight forwarders, brokers, consignees, or other persons (other than rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers) encouraging violations of chapter 5 of title 49, United States Code, or a regulation or order issued by the Secretary under such chapter.

“(b) Submission of Implementation Plan.—After completion of the assessment under subsection (a), the Secretary may submit to the Congress a plan for implementing authority (if subsequently provided by law) to investigate and bring civil actions to enforce chapter 5 of title 49, United States Code, or regulations or orders issued by the Secretary under such chapter with respect to persons described in subsection (a).

“(c) Contents of Implementation Plan.—In developing the implementation plan under subsection (b), the Secretary shall consider, as appropriate—“(1) in what circumstances the Secretary would exercise the new authority;

“(2) how the Secretary would determine that shippers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclusive;

“(3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms prior to the Secretary’s findings of violations;

“(4) what impact the exercise of the new authority would have on the Secretary’s resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority;

“(5) to what extent the Secretary would conduct educational activities for persons who would be subject to the new authority; and

“(6) any other information that would assist the Congress in determining whether to provide the Secretary the new authority.”

§ 508. Safety performance history of new drivers; limitation on liability(a) Limitation on Liability.—No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against—(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary;

(2) a person who has complied with such a request; or

(3) the agents or insurers of a person described in paragraph (1) or (2).

(b) Restrictions on Applicability.—(1) Motor carrier requesting.—Subsection (a) does not apply to a motor carrier requesting safety performance records unless—(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records;

(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and

(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual.

(2) Person complying with requests.—Subsection (a) does not apply to a person complying with a request for safety performance records unless—(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and

(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records.

(3) Persons knowingly furnishing false information.—Subsection (a) does not apply to persons who knowingly furnish false information.

(c) Preemption of State and Local Law.—No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using safety performance records in accordance with regulations issued by the Secretary to carry out this section. Notwithstanding any provision of law, written authorization shall not be required to obtain information on the motor vehicle driving record of an individual under consideration for employment with a motor carrier.

(Added Pub. L. 105–178, title IV, § 4014(a)(1), June 9, 1998, 112 Stat. 409.)

Codification
Pub. L. 105–178, title IV, § 4014(a)(1), June 9, 1998, 112 Stat. 409, which directed the addition of section 508 at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress.

Prior ProvisionsA prior section 508, added Pub. L. 102–548, § 2(a), Oct. 28, 1992, 106 Stat. 3646, related to certification of weights and description, prior to repeal by Pub. L. 103–272, § 4(j)(11)(B), July 5, 1994, 108 Stat. 1368. See chapter 59 of this title.

Effective DatePub. L. 105–178, title IV, § 4014(b), June 9, 1998, 112 Stat. 411, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on January 31, 1999.”

SUBCHAPTER II—PENALTIES
§ 521. Civil penalties(a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.

(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(1) of this title, is liable to the Government for a civil penalty of $100 for each violation.

(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.

(4) A separate violation occurs for each day a violation under this subsection continues.

(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.

(b) Violations Relating to Commercial Motor Vehicle Safety Regulation and Operators.—(1) Notice.—(A) In general.—If the Secretary finds that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A),11 See References in Text note below. or 31502 of this title, or a violation of a regulation issued under any of those provisions, has occurred, the Secretary shall issue a written notice to the violator. Such notice shall describe with reasonable particularity the nature of the violation found and the provision which has been violated. The notice shall specify the proposed civil penalty, if any, and suggest actions which might be taken in order to abate the violation. The notice shall indicate that the violator may, within 15 days of service, notify the Secretary of the violator’s intention to contest the matter. In the event of a contested notice, the Secretary shall afford such violator an opportunity for a hearing, pursuant to section 554 of title 5, following which the Secretary shall issue an order affirming, modifying, or vacating the notice of violation.

(B) Nonapplicability to reporting and recordkeeping violations.—Subparagraph (A) shall not apply to reporting and recordkeeping violations.

(2) Civil Penalty.—(A) In general.—Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act that is a violation of regulations issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except subparagraph (C)), no civil penalty shall be assessed under this section against an employee for a violation in an amount exceeding $2,500.

(B) Recordkeeping and reporting violations.—A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person—(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $10,000; or

(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.

(C) Violations pertaining to cdls.—Any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of section 31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this title shall be liable to the United States for a civil penalty not to exceed $2,500 for each offense.

(D) Determination of amount.—The amount of any civil penalty, and a reasonable time for abatement of the violation, shall by written order be determined by the Secretary, taking into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, effect on ability to continue to do business, and such other matters as justice and public safety may require. In each case, the assessment shall be calculated to induce further compliance.

(E)(i) Copying of records and access to equipment, lands, and buildings.—A person subject to chapter 51 or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to part B of subtitle VI who fails to allow promptly, upon demand, the Secretary (or an employee designated by the Secretary) to inspect and copy any record or inspect and examine equipment, lands, buildings and other property in accordance with sections 504(c), 5121(c), and 14122(b) shall be liable to the United States for a civil penalty not to exceed $1,000 for each offense. Each day the Secretary is denied the right to inspect and copy any record or inspect and examine equipment, lands, buildings and other property shall constitute a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $10,000. In the case of a motor carrier, the Secretary may also place the violator’s motor carrier operations out of service. It shall be a defense to a penalty that the records did not exist at the time of the Secretary’s request or could not be timely produced without unreasonable expense or effort. Nothing in this subparagraph amends or supersedes any remedy available to the Secretary under section 502(d), section 507(c), or any other provision of this title.

(ii) Place out of service.—The Secretary may by regulation adopt procedures for placing out of service the commercial motor vehicle of a foreign-domiciled motor carrier that fails to promptly allow the Secretary to inspect and copy a record or inspect equipment, land, buildings, or other property.

(F) Penalty for violations relating to out of service orders.—A motor carrier or employer (as defined in section 31132) that operates a commercial motor vehicle in commerce in violation of a prohibition on transportation under section 31144(c) of this title or an imminent hazard out of service order issued under subsection (b)(5) of this section or section 5121(d) of this title shall be liable for a civil penalty not to exceed $25,000.

(3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of such notice in such place or places and for such duration as the Secretary may determine appropriate to aid in the enforcement of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title, as the case may be.

(4) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary.

(5)(A) If, upon inspection or investigation, the Secretary determines that a violation of 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 or a regulation issued under any of those provisions, or combination of such violations, poses an imminent hazard to safety, the Secretary shall order a vehicle or employee operating such vehicle out of service, or order an employer to cease all or part of the employer’s commercial motor vehicle operations. In making any such order, the Secretary shall impose no restriction on any employee or employer beyond that required to abate the hazard. Subsequent to the issuance of the order, opportunity for review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order.

(B) In this paragraph, “imminent hazard” means any condition of vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.

(6) Criminal Penalties.—(A) In general.—Any person who knowingly and willfully violates any provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or a regulation issued under any of those provisions shall, upon conviction, be subject for each offense to a fine not to exceed $25,000 or imprisonment for a term not to exceed one year, or both, except that, if such violator is an employee, the violator shall only be subject to penalty if, while operating a commercial motor vehicle, the violator’s activities have led or could have led to death or serious injury, in which case the violator shall be subject, upon conviction, to a fine not to exceed $2,500.

(B) Violations pertaining to cdls.—Any person who knowingly and willfully violates—(i) any provision of section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title or a regulation issued under such section, or

(ii) with respect to notification of a serious traffic violation as defined under section 31301 of this title, any provision of section 31303(a) of this title or a regulation issued under section 31303(a),

shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both.

(7) The Secretary shall issue regulations establishing penalty schedules designed to induce timely compliance for persons failing to comply promptly with the requirements set forth in any notices and orders under this subsection.

(8) Prohibition on operation in interstate commerce after nonpayment of penalties.—(A) In general.—An owner or operator of a commercial motor vehicle against whom a civil penalty is assessed under this chapter or chapter 51, 149, or 311 of this title and who does not pay such penalty or fails to arrange and abide by an acceptable payment plan for such civil penalty may not operate in interstate commerce beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty. This paragraph shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11, United States Code.

(B) Regulations.—Not later than 12 months after the date of the enactment of this paragraph, the Secretary, after notice and an opportunity for public comment, shall issue regulations setting forth procedures for ordering commercial motor vehicle owners and operators delinquent in paying civil penalties to cease operations until payment has been made.

(9) Any aggrieved person who, after a hearing, is adversely affected by a final order issued under this section may, within 30 days, petition for review of the order in the United States Court of Appeals in the circuit wherein the violation is alleged to have occurred or where the violator has his principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order shall be based on a determination of whether the Secretary’s findings and conclusions were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urged before the Secretary shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary.

(10) All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account).

(11) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought.

(12) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.

(13) The provisions of this subsection shall not affect chapter 51 of this title or any regulation promulgated by the Secretary under chapter 51.

(14) As used in this subsection, the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title.

(15) Impoundment of commercial motor vehicles.—(A) Enforcement of imminent hazard out-of-service orders.—(i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.

(ii) Enforcement shall not unreasonably interfere with the ability of a shipper, carrier, broker, or other party to arrange for the alternative transportation of any cargo or passenger being transported at the time the commercial motor vehicle is immobilized. In the case of a commercial motor vehicle transporting passengers, the Secretary or authorized State official shall provide reasonable, temporary, and secure shelter and accommodations for passengers in transit.

(iii) The Secretary’s designee or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, shall immediately notify the owner of a commercial motor vehicle of the impoundment and the opportunity for review of the impoundment. A review shall be provided in accordance with section 554 of title 5, except that the review shall occur not later than 10 days after the impoundment.

(B) Issuance of regulations.—The Secretary shall promulgate regulations on the use of impoundment or immobilization of commercial motor vehicles as a means of enforcing additional out-of-service orders issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder. Regulations promulgated under this subparagraph shall include consideration of public safety, the protection of passengers and cargo, inconvenience to passengers, and the security of the commercial motor vehicle.

(C) Definition.—In this paragraph, the term “impoundment” or “impounding” means the seizing and taking into custody of a commercial motor vehicle or the immobilizing of a commercial motor vehicle through the attachment of a locking device or other mechanical or electronic means.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, § 213(b), Oct. 30, 1984, 98 Stat. 2842; Pub. L. 99–570, title XII, § 12012, Oct. 27, 1986, 100 Stat. 3207–184; Pub. L. 101–500, § 15(e)(2), Nov. 3, 1990, 104 Stat. 1220; Pub. L. 102–548, § 2(b), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§ 4(j)(11)(D), 5(m)(11), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–287, § 5(4), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title IV, § 4015(a), (b), June 9, 1998, 112 Stat. 411; Pub. L. 106–159, title II, §§ 206(b), 208, Dec. 9, 1999, 113 Stat. 1763, 1764; Pub. L. 109–59, title IV, §§ 4102(a), 4103, Aug. 10, 2005, 119 Stat. 1715, 1716; Pub. L. 112–141, div. C, title II, §§ 32501(b), 32502–32504, 32506, July 6, 2012, 126 Stat. 803, 804.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

52149:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 52149 U.S. CodeRevised Section

(a)20(7)(a), (c)–(e).11901
(b)322(h).11901

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a)(3), the words “against heat and cold” are inserted for consistency with sections 11105 and 11901 of the revised title.
Subsection (b) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(h) (1st sentence) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(h) (1st sentence) to motor carriers of migrant workers and motor private carriers. The reference to 49:303(c), 306(a)(1), and 309(a)(1) is omitted as not applicable to this chapter.

References in TextSection 31310(g)(1)(A), referred to in subsec. (b)(1)(A), was redesignated section 31310(i)(1)(A), by Pub. L. 106–159, title II, § 201(b)(1), Dec. 9, 1999, 113 Stat. 1759.
The date of the enactment of this paragraph, referred to in subsec. (b)(8)(B), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(12), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments2012—Subsec. (b)(2)(D). Pub. L. 112–141, § 32506, struck out “ability to pay,” after “prior offenses,”.
Subsec. (b)(2)(E). Pub. L. 112–141, § 32501(b), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(2)(E)(i). Pub. L. 112–141, § 32502, inserted “In the case of a motor carrier, the Secretary may also place the violator’s motor carrier operations out of service.” after “$10,000.” and substituted “defense to a penalty” for “defense to such penalty”.
Subsec. (b)(2)(F). Pub. L. 112–141, § 32503, added subpar. (F).
Subsec. (b)(15). Pub. L. 112–141, § 32504, added par. (15).
2005—Subsec. (b). Pub. L. 109–59, § 4103(1), inserted headings for subsec. (b), par. (1), and subpar. (A).
Subsec. (b)(2)(B). Pub. L. 109–59, § 4102(a)(2), substituted “$10,000” for “$5,000” in cls. (i) and (ii).
Subsec. (b)(2)(B)(i). Pub. L. 109–59, § 4102(a)(1), substituted “$1,000” for “$500”.
Subsec. (b)(2)(E). Pub. L. 109–59, § 4103(2), added subpar. (E).
1999—Subsec. (b)(5)(B). Pub. L. 106–159, § 208, substituted “substantially increases the likelihood of” for “is likely to result in”.
Subsec. (b)(8) to (14). Pub. L. 106–159, § 206(b), added par. (8) and redesignated former pars. (8) to (13) as (9) to (14), respectively.
1998—Subsec. (b)(1)(A). Pub. L. 105–178, § 4015(a)(1), struck out “fix a reasonable time for abatement of the violation,” before “specify the proposed civil penalty”.
Subsec. (b)(1)(B). Pub. L. 105–178, § 4015(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “The Secretary shall, not later than 60 days after November 3, 1990, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall—
“(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers’ medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and
“(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious.”
Subsec. (b)(2)(A). Pub. L. 105–178, § 4015(b)(1), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of a recordkeeping requirement issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title or which is a violation of chapter 59 of this title shall be liable to the United States for a civil penalty not to exceed $500 for each offense. Each day of a violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If the Secretary determines that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, the Secretary may assess a civil penalty not to exceed $1,000 for each offense; except that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If the Secretary determines that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, the Secretary may assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (other than subparagraph (B)), except for recordkeeping violations, no civil penalty shall be assessed under this section against an employee for a violation unless the Secretary determines that such employee’s actions constituted gross negligence or reckless disregard for safety, in which case such employee shall be liable for a civil penalty not to exceed $1,000.”
Subsec. (b)(2)(B) to (D). Pub. L. 105–178, § 4015(b)(2), (3), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
1996—Subsec. (b)(1)(B). Pub. L. 104–287 substituted “November 3, 1990” for “the date of enactment of this subparagraph” in introductory provisions.
1994—Subsec. (b)(1)(A). Pub. L. 103–272, § 5(m)(11)(A), substituted “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” for “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 “any of those provisions” for “such sections or Act”.
Subsec. (b)(2)(A). Pub. L. 103–272, § 5(m)(11)(B), substituted “under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “pursuant to section 3102 of this title or the Motor Carrier Safety Act of 1984”.
Pub. L. 103–272, § 4(j)(11)(D), substituted “chapter 59 of this title” for “section 508 of this title”.
Subsec. (b)(2)(B). Pub. L. 103–272, § 5(m)(11)(C), substituted “section 31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this title” for “section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(3). Pub. L. 103–272, § 5(m)(11)(D), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title” for “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”.
Subsec. (b)(5)(A). Pub. L. 103–272, § 5(m)(11)(E), substituted “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” for “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 “any of those provisions” for “such sections or Act”.
Subsec. (b)(6)(A). Pub. L. 103–272, § 5(m)(11)(F), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title, the Motor Carrier Safety Act of 1984”, “any of those provisions” for “such section or Act”, and “shall be subject” for “shall be liable”.
Subsec. (b)(6)(B)(i). Pub. L. 103–272, § 5(m)(11)(G), substituted “section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title” for “section 12002, 12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(6)(B)(ii). Pub. L. 103–272, § 5(m)(11)(H), substituted “section 31301 of this title” for “section 12019 of such Act”, “section 31303(a) of this title” for “section 12003(a) of such Act”, and “section 31303(a)” for “such section 12003(a)”.
Subsec. (b)(12). Pub. L. 103–272, § 5(m)(11)(I), substituted “chapter 51 of this title” for “any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801–1812)” and “chapter 51” for “such Act”.
Subsec. (b)(13). Pub. L. 103–272, § 5(m)(11)(J), substituted “section 31132 of this title” for “section 204 of the Motor Carrier Safety Act of 1984”.
1992—Subsec. (b)(2)(A). Pub. L. 102–548 inserted “or which is a violation of section 508 of this title” after “Act of 1984”.
1990—Subsec. (b)(1). Pub. L. 101–500 designated existing provisions as subpar. (A) and added subpar. (B).
1986—Subsec. (b)(1). Pub. L. 99–570, § 12012(a), inserted “or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.
Subsec. (b)(2). Pub. L. 99–570, § 12012(b), (f)(1), inserted heading, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B).
Subsec. (b)(3). Pub. L. 99–570, § 12012(c), inserted “or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984”.
Subsec. (b)(5)(A). Pub. L. 99–570, § 12012(d), inserted “or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.
Subsec. (b)(6). Pub. L. 99–570, § 12012(e), (f)(2), (g)(1), inserted heading, designated existing provisions as subpar. (A) with corresponding heading, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted “to a fine” for “for a fine” in two places.
Subsec. (b)(13). Pub. L. 99–570, § 12012(g)(2), substituted “section 204” for “section 4”.
1984—Subsec. (b)(1). Pub. L. 98–554 substituted provisions relating to notice to violators and opportunity for hearings for former provisions which set forth penalties for failure to make reports and keep records.
Subsec. (b)(2). Pub. L. 98–554 substituted provisions setting forth amount of civil penalties for former provisions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions.
Subsec. (b)(3) to (13). Pub. L. 98–554 added pars. (3) to (13).

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Minimum and Maximum AssessmentsPub. L. 106–159, title II, § 222, Dec. 9, 1999, 113 Stat. 1769, provided that:
“(a) In General.—The Secretary of Transportation should ensure that motor carriers operate safely by imposing civil penalties at a level calculated to ensure prompt and sustained compliance with Federal motor carrier safety and commercial driver’s license laws.

“(b) Establishment.—The Secretary—“(1) should establish and assess minimum civil penalties for each violation of a law referred to in subsection (a); and

“(2) shall assess the maximum civil penalty for each violation of a law referred to in subsection (a) by any person who is found to have committed a pattern of violations of critical or acute regulations issued to carry out such a law or to have previously committed the same or a related violation of critical or acute regulations issued to carry out such a law.

“(c) Extraordinary Circumstances.—If the Secretary determines and documents that extraordinary circumstances exist which merit the assessment of any civil penalty lower than any level established under subsection (b), the Secretary may assess such lower penalty. In cases where a person has been found to have previously committed the same or a related violation of critical or acute regulations issued to carry out a law referred to in subsection (a), extraordinary circumstances may be found to exist when the Secretary determines that repetition of such violation does not demonstrate a failure to take appropriate remedial action.

“(d) Report to Congress.—“(1) In general.—The Secretary shall conduct a study of the effectiveness of the revised civil penalties established in the Transportation Equity Act for the 21st Century [Pub. L. 105–178, see Tables for classification] and this Act [see Tables for classification] in ensuring prompt and sustained compliance with Federal motor carrier safety and commercial driver’s license laws.

“(2) Submission to congress.—The Secretary shall transmit the results of such study and any recommendations to Congress by September 30, 2002.”

Report; Penalties; EffectivenessSection 213(d) of Pub. L. 98–554 directed Secretary of Transportation to conduct a study of effectiveness of civil and criminal penalties established by amendments made by section 213 of Pub. L. 98–554 in deterring violations of commercial motor vehicle safety regulations issued under title II of Pub. L. 98–554 and in effectively prosecuting such violations when they occur, which study was to examine the effectiveness of penalties in effect before Oct. 30, 1984, in comparison to the penalties established by the amendments made by title II of Pub. L. 98–554, and was to further investigate the need for, and make recommendations concerning, increased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety regulations, and further directed Secretary to submit to Congress a report on the findings of this study, together with legislative recommendations, not later than 2 years after Oct. 30, 1984.

§ 522. Reporting and record keeping violations
A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, mutilates, changes, or by another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2436; Pub. L. 105–178, title IV, § 4015(c), June 9, 1998, 112 Stat. 412.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

52249:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
522(b)49:304(a)(3) (last sentence) (related to “Sec. 322(g)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 222(g)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 322(g)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 222(g)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 52249 U.S. CodeRevised Section

(a)20(7)(b) (less proviso).11909
(b)322(g).11909

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

Amendments1998—Pub. L. 105–178 struck out “(a)” before “A person required to make a report to the Secretary of Transportation” and struck out subsec. (b) which read as follows: “A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Secretary, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be fined not more than $5,000.”

§ 523. Unlawful disclosure of information(a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.

(b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information—(1) in response to legal process issued under authority of a court of the United States or a State;

(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and

(3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.

(c) An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2436.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

52349:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
523(b)49:304(a)(3) (last sentence) (related to “Sec. 322(f)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 322(f)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
523(c)49:304(a)(3) (last sentence) (related to “Sec. 322(d)”).
 49:304(a)(3a) (last sentence) (related to “Sec. 322(d)”).

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 52349 U.S. CodeRevised Section

(a)322(e).11910
(b)322(f).11910
(c)20(7)(f).11910
 322(d).11910

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
Subsection (a) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of migrant workers and motor private carriers. The words “engaged in interstate or foreign commerce” are omitted as unnecessary because of the restatement of the chapter.
In subsections (b) and (c), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

§ 524. Evasion of regulation of motor carriers
A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation of motor carriers under this chapter, chapter 51, 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, or a regulation issued under any of those provisions, shall be fined at least $2,000 but not more than $5,000 for the first violation and at least $2,500 but not more than $7,500 for a subsequent violation.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, § 32505(a), July 6, 2012, 126 Stat. 804.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

52449:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 52449 U.S. CodeRevised Section

 322(c) (related to evasion of regulation).11906

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to motor carriers of migrant workers and motor private carriers because 49:322(c) (related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c) (related to evasion of regulation) to motor carriers of migrant workers and motor private carriers.

Amendments2012—Pub. L. 112–141 struck out “knowingly and willfully” after “by any means”, inserted “, chapter 51, 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, or a regulation issued under any of those provisions,” after “this chapter”, and substituted “$2,000 but not more than $5,000” for “$200 but not more than $500” and “$2,500 but not more than $7,500” for “$250 but not more than $2,000”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 525. Disobedience to subpoenas
A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpoena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $1,000 but not more than $10,000, imprisoned for not more than one year, or both. The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, § 32110, July 6, 2012, 126 Stat. 782.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

52549:304(a)(3) (last sentence) (related to “Sec. 305(d) (related to liability)”).Feb. 4, 1887, ch. 104, 24 Stat., 379, § 204(a)(3) (last sentence) (related to “Sec. 205(d) (related to liability)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 305(d) (related to liability)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 205(d) (related to liability)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
 49:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 52549 U.S. CodeRevised Section

 305(d) (related to liability).11913

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words “under this chapter” are added for clarity.

Amendments2012—Pub. L. 112–141 substituted “subpoenas” for “subpenas” in section catchline, and, in text, substituted “subpoena” for “subpena”, “$1,000” for “$100”, and “$10,000” for “$5,000” and inserted at end “The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records.”

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 526. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under 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, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98–554, title II, § 213(c), Oct. 30, 1984, 98 Stat. 2844; Pub. L. 103–272, § 5(m)(12), July 5, 1994, 108 Stat. 1377.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

52649:304(a)(3) (last sentence) (related to “Sec. 322(a)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 222(a)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
 49:304(a)(3a) (last sentence) (related to “Sec. 322(a)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 222(a)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
 49:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

Section 52649 U.S. CodeRevised Section

 322(a).11914

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

Amendments1994—Pub. L. 103–272 substituted “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” for “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”.
1984—Pub. L. 98–554 inserted “, section 3102 of this title, or the Motor Carrier Safety Act of 1984” after “chapter” the first place it appears and inserted “or such section or Act” after “chapter” the second and third places it appears.

[CHAPTER 7—TRANSFERRED]

Codification
Former chapter 7 of this title was renumbered chapter 13 of this title and transferred to follow chapter 11 of this title. Sections 701 to 706, 721 to 724, and 726 were renumbered sections 1301 to 1306 and 1321 to 1325, respectively, and former sections 725 and 727 were repealed.

SUBCHAPTER I—ESTABLISHMENT
[§§ 701 to 706. Renumbered §§ 1301 to 1306]

SUBCHAPTER II—ADMINISTRATIVE
[§§ 721 to 724. Renumbered §§ 1321 to 1324]
[§ 725. Repealed. Pub. L. 114–110, § 3(a)(4), Dec. 18, 2015, 129 Stat. 2228]

Section, Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, required Secretary of Transportation to provide administrative support for the Board.

[§ 726. Renumbered § 1325]
[§ 727. Repealed. Pub. L. 114–110, § 3(a)(4), Dec. 18, 2015, 129 Stat. 2228]

Section, Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 940, related to definitions for this chapter.

SUBTITLE II—OTHER GOVERNMENT AGENCIES

Chapter

Sec.

11.National Transportation Safety Board1101

13.Surface Transportation Board 11 Editorially supplied. Chapter 7 renumbered chapter 13 and transferred to this subtitle by Pub. L. 114–110 without corresponding amendment of subtitle analysis.1301

CHAPTER 11—NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER I—GENERAL

Sec.

1101.Definitions.

SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE

1111.General organization.

1112.Special boards of inquiry on air transportation safety.

1113.Administrative.

1114.Disclosure, availability, and use of information.

1115.Training.

1116.Reports, studies, and retrospective reviews.

117.11 So in original. Probably should be “1117.”Methodology.

1117.22 So in original. New item 1117 added without striking out existing item 1117.Annual report.

1118.Authorization of appropriations.

1119.Accident and safety data classification and publication.

SUBCHAPTER III—AUTHORITY

1131.General authority.

1132.Civil aircraft accident investigations.

1133.Review of other agency action.

1134.Inspections and autopsies.

1135.Secretary of Transportation’s responses to safety recommendations.

1136.Assistance to families of passengers involved in aircraft accidents.

1137.Authority of the Inspector General.

1138.Evaluation and audit of National Transportation Safety Board.

1139.Assistance to families of passengers involved in rail passenger accidents.

1140.Information for families of individuals involved in accidents.

SUBCHAPTER IV—ENFORCEMENT AND PENALTIES

1151.Aviation enforcement.

1152.Joinder and intervention in aviation proceedings.

1153.Judicial review.

1154.Discovery and use of cockpit and surface vehicle recordings and transcripts.

1155.Aviation penalties.

Amendments2018—Pub. L. 115–254, div. C, §§ 1107(b)(2), 1109(e)(2), 1111(b), 1113(a), Oct. 5, 2018, 132 Stat. 3433, 3435, 3436, 3438, added items 117 and 1140 and substituted “Reports, studies, and retrospective reviews” for “Reports and studies” in item 1116 and “Board.” for “Board” in item 1138.
2008—Pub. L. 110–432, div. A, title V, § 501(b), Oct. 16, 2008, 122 Stat. 4897, added item 1139.
2006—Pub. L. 109–443, § 5(b), Dec. 21, 2006, 120 Stat. 3300, added item 1138.
2000—Pub. L. 106–424, §§ 5(c)(2), 12(b), Nov. 1, 2000, 114 Stat. 1885, 1887, added item 1137 and substituted “and surface vehicle recordings and transcripts” for “voice and other material” in item 1154.
1996—Pub. L. 104–264, title IV, § 407(a)(2), title VII, § 702(a)(2), Oct. 9, 1996, 110 Stat. 3258, 3267, added items 1119 and 1136.
1994—Pub. L. 103–272, § 1(c), (d), July 5, 1994, 108 Stat. 745, added subtitle II (comprised of chapter 11, §§ 1101–1155) and struck out former subtitle II, except that chapter 31 (comprised of §§ 3101–3104) of subtitle II was redesignated and restated as chapter 315 (comprised of §§ 31501–31504) of subtitle VI, as enacted by Pub. L. 103–272, § 1(e).

SUBCHAPTER I—GENERAL
§ 1101. Definitions
Section 2101(23) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, § 2, Nov. 1, 2000, 114 Stat. 1883; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(17), Aug. 13, 2018, 132 Stat. 2324.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1101(no source)

A number of the source provisions of the chapter are taken from 49 App.:ch. 20. The text of 49 App.:ch. 20 contains general definitions, some of which are used in those source provisions.
This section is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision note for section 40102(a) of the revised title.

Amendments2018—Pub. L. 115–232 substituted “Section 2101(23)” for “Section 2101(17a)”.
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows: “Section 40102(a) of this title applies to this chapter.”

Short Title of 2015 AmendmentPub. L. 114–110, § 1(a), Dec. 18, 2015, 129 Stat. 2228, provided that: “This Act [see Tables for classification] may be cited as the ‘Surface Transportation Board Reauthorization Act of 2015’.”

Short Title of 2006 AmendmentPub. L. 109–443, § 1(a), Dec. 21, 2006, 120 Stat. 3297, provided that: “This Act [enacting section 1138 of this title, amending sections 1111, 1113, 1117, 1118, 1131, 1135, and 1137 of this title, enacting provisions set out as notes under sections 1111 and 1118 of this title, and amending provisions set out as a note under section 1113 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2006’.”

Short Title of 2003 AmendmentPub. L. 108–168, § 1, Dec. 6, 2003, 117 Stat. 2032, provided that: “This Act [enacting section 354 of this title, amending sections 354, 1118, 1119, 1131, 1135, and 1136 of this title, and enacting provisions set out as notes under sections 1113, 1131, and 1135 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2003’.”

Short Title of 2000 AmendmentPub. L. 106–424, § 1(a), Nov. 1, 2000, 114 Stat. 1883, provided that: “This Act [enacting section 1137 of this title, amending this section and sections 1111, 1113 to 1115, 1118, 1131, 1154, 44721, and 46301 of this title, and enacting provisions set out as notes under sections 1111, 1113, 1131, 44703, and 44721 of this title] may be cited as the ‘National Transportation Safety Board Amendments Act of 2000’.”

Short Title of 1996 AmendmentPub. L. 104–291, title I, § 101, Oct. 11, 1996, 110 Stat. 3452, provided that: “This title [amending sections 1114, 1115, and 1118 of this title] may be cited as the ‘National Transportation Safety Board Amendments of 1996’.”

Definitions of Terms in Div. C of Pub. L. 115–254
Pub. L. 115–254, div. C, § 1102, Oct. 5, 2018, 132 Stat. 3429, provided that:
“In this division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1116, 1119, and 40101 of this title], the following definitions apply:
“(1) Board.—The term ‘Board’ means the National Transportation Safety Board.

“(2) Chairman.—The term ‘Chairman’ means the Chairman of the National Transportation Safety Board.

“(3) Most wanted list.—The term ‘Most Wanted List’ means the Board publication entitled ‘Most Wanted List’.”

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 safety, 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 designate, by and with the advice and consent of the Senate, a Chairman of the Board. The President also shall designate a Vice Chairman of the Board. The terms of office of both the Chairman and Vice Chairman are 3 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 and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this chapter;

(2) fix the pay of officers and employees necessary to carry out this chapter;

(3) distribute business among the officers, employees, and administrative units of the Board; and

(4) 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 establish 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.

(5) marine.

(h) Chief Financial Officer.—The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall—(1) report directly to the Chairman on financial management and budget execution;

(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and

(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.

(i) Board Member Staff.—Each member of the Board shall select and supervise regular and full-time employees in his or her immediate office as long as any such employee has been approved for employment by the designated agency ethics official under the same guidelines that apply to all employees of the Board. Except for the Chairman, the appointment authority provided by this subsection is limited to the number of full-time equivalent positions, in addition to 1 senior professional staff at a level not to exceed the GS 15 level and 1 administrative staff, allocated to each member through the Board’s annual budget and allocation process.

(j) Seal.—The Board shall have a seal that shall be judicially recognized.

(k) Open Meetings.—(1) In general.—The Board shall be deemed to be an agency for purposes of section 552b of title 5.

(2) Nonpublic collaborative discussions.—(A) In general.—Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if—(i) no formal or informal vote or other official agency action is taken at the meeting;

(ii) each individual present at the meeting is a member or an employee of the Board;

(iii) at least 1 member of the Board from each political party is present at the meeting, if applicable; and

(iv) the General Counsel of the Board is present at the meeting.

(B) Disclosure of nonpublic collaborative discussions.—Except as provided under subparagraphs (C) and (D), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public—(i) a list of the individuals present at the meeting; and

(ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5.

(C) Summary.—If the Board properly determines a matter may be withheld from the public under section 552b(c) of title 5, the Board shall provide a summary with as much general information as possible on each matter withheld from the public.

(D) Active investigations.—If a discussion under subparagraph (A) directly relates to an active investigation, the Board shall make the disclosure under subparagraph (B) on the date the Board adopts the final report.

(E) Preservation of open meetings requirements for agency action.—Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph.

(F) Statutory construction.—Nothing in this paragraph may be construed—(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or

(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, § 10, Nov. 1, 2000, 114 Stat. 1886; Pub. L. 109–443, § 9(a), (d), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115–254, div. C, § 1112(a), (b), Oct. 5, 2018, 132 Stat. 3436.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1111(a)49 App.:1902(a).Jan. 3, 1975, Pub. L. 93–633, § 303(a), (b)(2)– (c), 88 Stat. 2167, 2168.
1111(b)49 App.:1902(b)(1) (1st sentence words before comma, 2d–last sentences).Jan. 3, 1975, Pub. L. 93–633, § 303(b)(1), 88 Stat. 2167; Oct. 14, 1982, Pub. L. 97–309, § 1 (1st sentence), 96 Stat. 1453.
1111(c)49 App.:1902(b)(2).
1111(d)49 App.:1902(b)(1) (1st sentence words after comma), (3) (1st, 2d, 4th sentences).
1111(e)49 App.:1902(b)(3) (3d, last sentences), (c)(3).
1111(f)49 App.:1902(b)(4).
1111(g)49 App.:1902(b)(5), (c)(1).
1111(h)49 App.:1902(c)(2).

In subsection (a), the words “previously established within the Department of Transportation” are omitted as unnecessary. The words “in accordance with this section, on and after April 1, 1975” are omitted as executed.
In subsection (c), the words “except as otherwise provided in this paragraph” are omitted as surplus. The text of 49 App.:1902(b)(2) (4th sentence) is omitted as executed.
In subsection (d), the words “On or before January 1, 1976” are omitted as executed. The words “(and thereafter as required)” and “(hereafter in this chapter referred to as the ‘Chairman’)” are omitted as unnecessary.
In subsection (e), before clause (1), the words “is the chief executive and administrative officer of the Board” are substituted for “shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board” for clarity. The words “Subject to the general policies and decisions of the Board, the Chairman shall” are substituted for 49 App.:1902(b)(3) (last sentence) to eliminate unnecessary words. In clause (1), the words “Subject to the civil service and classification laws” are omitted as unnecessary because of title 5, United States Code, especially sections 3301, 5101, and 5331. The words “the Board is authorized” are omitted for consistency because the authority to appoint officers and employees is vested in the Chairman subject to the “general policies and decisions of the Board” as provided in the source provisions. The words “including investigators, attorneys, and administrative law judges” are omitted as covered by “officers and employees”. The words “carry out this chapter” are substituted for “carry out its powers and duties under this chapter” to eliminate unnecessary words. In clause (3), the words “expenditures of the Board” are substituted for “the use and expenditure of funds” for clarity.
In subsection (f), the words “duties and powers” are substituted for “function” for consistency in the revised title and with other titles of the Code.
In subsection (g), the text of 49 App.:1902(c)(1) is omitted as unnecessary because of 40:ch. 10.

References in TextGS–15, referred to in subsec. (i), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.

Amendments2018—Subsec. (d). Pub. L. 115–254, § 1112(a), substituted “3 years” for “2 years”.
Subsec. (k). Pub. L. 115–254, § 1112(b), added subsec. (k).
2006—Subsec. (e)(1). Pub. L. 109–443, § 9(d)(1), added par. (1) and struck out former par. (1) which read as follows: “appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;”.
Subsec. (e)(2) to (4). Pub. L. 109–443, § 9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (g)(5). Pub. L. 109–443, § 9(a), added par. (5).
Subsecs. (i), (j). Pub. L. 109–443, § 9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j).
2000—Subsecs. (h), (i). Pub. L. 106–424 added subsec. (h) and redesignated former subsec. (h) as (i).

Utilization PlanPub. L. 109–443, § 2(a)(2), Dec. 21, 2006, 120 Stat. 3297, provided that:
“(A) Plan.—Within 90 days after the date of enactment of this Act [Dec. 21, 2006], the National Transportation Safety Board shall—“(i) develop a plan to achieve, to the maximum extent feasible, the self-sufficient operation of the National Transportation Safety Board Academy and utilize the Academy’s facilities and resources;

“(ii) submit a draft of the plan to the Comptroller General for review and comment; and

“(iii) submit a draft of the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(B) Plan development considerations.—The Board shall—“(i) give consideration in developing the plan under subparagraph (A)(i) to other revenue-generating measures, including subleasing the facility to another entity; and

“(ii) include in the plan a detailed financial statement that covers current Academy expenses and revenues and an analysis of the projected impact of the plan on the Academy’s expenses and revenues.

“(C) Report.—Within 180 days after the date of enactment of this Act [Dec. 21, 2006], the National Transportation Safety Board shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes—“(i) an updated copy of the plan developed pursuant to subparagraph (A)(i);

“(ii) any comments and recommendations made by the Comptroller General pursuant to the Government Accountability Office’s review of the draft plan; and

“(iii) a response to the Comptroller General’s comments and recommendations, including a description of any modifications made to the plan in response to those comments and recommendations.

“(D) Implementation.—The plan developed pursuant to subparagraph (A)(i) shall be implemented within 2 years after the date of enactment of this Act [Dec. 21, 2006].”

Audit ProceduresPub. L. 109–443, § 6, Dec. 21, 2006, 120 Stat. 3300, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall continue to develop and implement comprehensive internal audit controls for its operations. The audit controls shall address, at a minimum, Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”

Improved Audit ProceduresPub. L. 106–424, § 11, Nov. 1, 2000, 114 Stat. 1887, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”

§ 1112. Special boards of inquiry on air transportation safety(a) Establishment.—If an accident involves a substantial question 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 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 authority that the Board has under this chapter.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

111249 App.:1443.Aug. 23, 1958, Pub. L. 85–726, § 703, 72 Stat. 782.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.

In subsection (c), the words “when convened to investigate an accident certified to it by the National Transportation Safety Board” are omitted as surplus.

§ 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 subpoena 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 to the same fee and mileage the witness would have been paid in a court of the United States.

(3) A subpoena shall be issued under the signature of the Chairman or the Chairman’s delegate but may be served by any person designated by the Chairman.

(4) If a person disobeys a subpoena, 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 subpoena, 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 subpoena, 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 6101(b) to (d) of title 41;

(C) use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality 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 private citizens and officials of the Government and State and local governments as appropriate;

(F) accept voluntary and uncompensated services notwithstanding 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;

(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board; and

(J) notwithstanding section 1343 of title 31, acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investigations under this chapter.

(2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.

(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, supplemental 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, testimony, or comments to another officer, department, agency, or instrumentality of the Government for approval, comment, or review before being submitted to Congress. The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.

(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 independent standard-setting authorities that carry out programs and activities related to transportation safety. The Board may designate 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 designated 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.

(g) Overtime Pay.—(1) In general.—Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS–10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay.

(2) Limitation on overtime pay to an employee.—An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year.

(3) Limitation on total amount of overtime pay.—The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year.

(4) Basic pay defined.—In this subsection, the term “basic pay” includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law).

(5) Annual report.—Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 percent limit established by paragraph (2).

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747; Pub. L. 106–424, §§ 3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883, 1884; Pub. L. 109–443, § 9(e)–(g), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 111–350, § 5(o)(2), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 115–254, div. C, § 1112(c)–(e), Oct. 5, 2018, 132 Stat. 3437, 3438.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1113(a)49 App.:1903(b)(1), (3).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (b)(1), (3), (4), (7)–(9), 88 Stat. 2168, 2169, 2170; July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876.
1113(b)(1)(A)49 App.:1441(b) (words before semicolon).Aug. 23, 1958, Pub. L. 85–726, § 701(b), 72 Stat. 781.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A), (b)(6)(C).
1113(b)(1)(B)49 App.:1903(b)(4).
1113(b)(1)(C)49 App.:1441(b) (words after semicolon).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
 49 App.:1903(b)(6)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(b)(6), 88 Stat. 2170; July 19, 1988, Pub. L. 100–372, § 5, 102 Stat. 877.
1113(b) (1)(D)–(I), (2)49 App.:1903(b)(6)(B), (D)–(H).
1113(c)49 App.:1903(b)(7).
1113(d)49 App.:1903(b)(8).
1113(e)49 App.:1903(b)(9).
1113(f)49 App.:1903(b)(12).Jan. 3, 1975, Pub. L. 93–633, § 304(b)(12), 88 Stat. 2171; July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, § 6, 104 Stat. 4656.

In subsection (a)(1), the words “sit and act at such times and places” are omitted as unnecessary. The word “necessary” is substituted for “as the Board or such officer or employee deems advisable” because it is more accurate.
In subsection (a)(2), the words “the witness would have been” are added for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4), the words “If a person disobeys” are substituted for “In case of contumacy or refusal to obey” for consistency in the revised title and with other titles of the Code. The words “of the Board” are substituted for “of the Board, or of any duly designated employee thereof” to eliminate unnecessary words. The words “the Board may bring a civil action in a district court of the United States” are substituted for “such district court shall, upon the request of the Board, have jurisdiction” for consistency in the revised title and because of 28:1331. The word “forthwith” is omitted as surplus. The words “An action under this paragraph may be brought in the judicial district” are added for clarity.
In subsection (b)(1)(A), the text of 49 App.:1441(b) (words before semicolon) is omitted as superseded by 49 App.:1903(b)(6)(C).
In subsection (b)(1)(B), the words “make agreements and other transactions” are substituted for “enter into . . . such contracts, leases, cooperative agreements, or other transactions” to eliminate unnecessary words. The words “to carry out this chapter” are substituted for “in the conduct of the functions and the duties of the Board under this chapter” for consistency. The words “with any government entity or any person” are omitted as surplus.
In subsection (b)(1)(C), the words “Department of Transportation and of other” are omitted as surplus. The words “department, agency, or instrumentality of the United States Government” are substituted for “civilian or military agencies and instrumentalities of the Federal Government” in 49 App.:1903(b)(6)(A) for consistency in the revised title and with other titles of the Code. The text of 49 App.:1441(b) (words after semicolon) is omitted as superseded by 49 App.:1903(b)(6)(A).
In subsection (b)(1)(D), the word “available” is omitted as surplus.
In subsection (b)(1)(E), the words “one or more” are omitted as surplus because the authority to appoint advisory committees is discretionary and unlimited on its face. The word “appropriate” is substituted for “necessary or appropriate” to eliminate unnecessary words. The words “in accordance with the Federal Advisory Committee Act” are omitted as surplus because that Act applies unless specifically excluded. (See 5 App. U.S.C.)
In subsection (b)(1)(G), the words “gifts of money and other property” are substituted for “gifts or donations of money or property (real, personal, mixed, tangible, or intangible)” to eliminate unnecessary words.
In subsection (b)(1)(H), the words “public or private” are omitted as surplus.
Subsection (b)(2) is substituted for “and to apply the funds received to the Board’s appropriations” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c), the word “submits” is substituted for “submits or transmits” for consistency. The words “Director of the Office of Management and Budget” are substituted for “Office of Management and Budget” because of 31:502(a).
In subsection (d), the word “appropriate” is substituted for “necessary or appropriate” to eliminate unnecessary words.
In subsection (e), the words “officer or employee” are substituted for “employee” for consistency in the revised title. The words “by order” are substituted for “by special or general orders” to eliminate unnecessary words. The word “individuals” is substituted for “people” for consistency in the revised title.
In subsection (f), the words “prescribe regulations to carry out this chapter” are substituted for “rules and regulations as may be necessary to the exercise of its functions” for consistency in the revised title and with other titles of the Code and because “rule” and “regulation” are synonymous.

References in TextGS–10 of the General Schedule, referred to in subsec. (g)(1), is set out under section 5332 of Title 5, Government Organization and Employees.

Amendments2018—Subsec. (a)(1). Pub. L. 115–254, § 1112(e), substituted “subpoena” for “subpena”.
Subsec. (b)(1)(J). Pub. L. 115–254, § 1112(c), added subpar. (J).
Subsec. (h). Pub. L. 115–254, § 1112(d), struck out subsec. (h). Text read as follows: “The Board shall maintain at least 1 full-time employee in each State located more than 1,000 miles from the nearest Board regional office to provide initial investigative response to accidents the Board is empowered to investigate under this chapter that occur in that State.”
2011—Subsec. (b)(1)(B). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.
2006—Subsec. (a)(3). Pub. L. 109–443, § 9(e), substituted “subpoena” for “subpena”.
Subsec. (a)(4). Pub. L. 109–443, § 9(e), which directed substitution of “subpoena” for “subpena”, was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 109–443, § 9(f), inserted at end “The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.”
Subsec. (h). Pub. L. 109–443, § 9(g), added subsec. (h).
2000—Subsec. (b)(1)(I). Pub. L. 106–424, § 3(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “require that the departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries provide appropriate consideration for the reasonable costs of goods and services supplied by the Board.”
Subsec. (b)(2). Pub. L. 106–424, § 3(b)(1), inserted “as offsetting collections” after “to be credited” and “The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.” at end.
Subsec. (g). Pub. L. 106–424, § 4, added subsec. (g).

Relief From Contracting Requirements for Investigations ServicesPub. L. 108–168, § 4, Dec. 6, 2003, 117 Stat. 2033, as amended by Pub. L. 109–443, § 3, Dec. 21, 2006, 120 Stat. 3298, provided that:
“(a) In General.—The National Transportation Safety Board may enter into agreements or contracts under the authority of section 1113(b)(1)(B) of title 49, United States Code, for investigations conducted under section 1131 of that title without regard to any other provision of law requiring competition if necessary to expedite the investigation.

“(b) Report on Usage.—On July 1 of each year, as part of the annual report required by section 1117 of title 49, United States Code, the National Transportation Safety Board shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure, the House of Representatives Committee on Government Reform [now Committee on Oversight and Reform], the Senate Committee on Commerce, Science, and Transportation, and the Senate Committee on Governmental Affairs that—“(1) describes each contract executed by the Board to which the authority provided by subsection (a) was applied; and

“(2) sets forth the rationale for dispensing with competition requirements with respect to such contract.”

Travel BudgetsPub. L. 106–424, § 9, Nov. 1, 2000, 114 Stat. 1886, provided that: “The Chairman of the National Transportation Safety Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for Board members which shall be approved by the Board and submitted to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure together with an annual report detailing the non-accident-related travel of each Board member. The report shall include separate accounting for foreign and domestic travel, including any personnel or other expenses associated with that travel.”

§ 1114. Disclosure, availability, and use of information(a) General.—(1) Except as provided in subsections (b), (c), (d), and (f) 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.

(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.

(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 preserves 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 safety.

(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.

(3) Protection of Voluntary Submission of Information.—Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board’s accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.

(c) Cockpit Recordings and Transcripts.—(1) Confidentiality of recordings.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a cockpit voice or video 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.

(2) Exception.—Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder 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

(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.

(3) References to information in making safety recommendations.—This subsection does not prevent the Board from referring at any time to cockpit voice or video recorder information in making safety recommendations.

(d) Surface Vehicle Recordings and Transcripts.—(1) Confidentiality of recordings.—Except as provided in paragraph (2), the Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board.

(2) Exception.—Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident—(A) if the Board holds a public hearing on the accident, at the time of the hearing; or

(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.

(3) References to information in making safety recommendations.—This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.

(e) Drug Tests.—(1) Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (Public Law 100–71, 101 Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the Board:(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 circumstances of an accident or incident under the investigative jurisdiction of the Board.

(B) any laboratory record documenting that the test is confirmed positive.

(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.

(f) Foreign Investigations.—(1) In general.—Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that—(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and

(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.

(2) Safety recommendations.—Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.

(g) Privacy Protections.—Before making public any still image obtained from a video recorder under subsection (c)(2) or subsection (d)(2), the Board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual, including a decedent.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104–291, title I, §§ 102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106–424, §§ 3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885; Pub. L. 115–254, div. C, § 1104(a), Oct. 5, 2018, 132 Stat. 3429.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1114(a)49 App.:1905(a).Jan. 3, 1975, Pub. L. 93–633, § 306(a), (b), 88 Stat. 2172; Oct. 14, 1982, Pub. L. 97–309, § 2, 96 Stat. 1453.
1114(b)49 App.:1905(b).
1114(c)49 App.:1905(c).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 306(c); added Oct. 14, 1982, Pub. L. 97–309, § 2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, § 4, 104 Stat. 4654.
1114(d)(1)49 App.:1903(b) (11)(A).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 304(b)(11); added Nov. 28, 1990, Pub. L. 101–641, § 6, 104 Stat. 4656.
1114(d)(2)49 App.:1903(b) (11)(B).
1114(d)(3)49 App.:1903(b) (11)(C).

In subsection (a), the words “record, information, or investigation” are substituted for “communication, document, investigation, or other report, or information” to eliminate unnecessary words. The words “of the United States” are added for clarity.
In subsection (c)(1), before clause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “relevant” is substituted for “relevant and pertinent” to eliminate unnecessary words.
In subsection (d), the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), before clause (A), the words “maintain the confidentiality of” are substituted for “maintain in confidence” for consistency in the revised title and with other titles of the Code. In clause (A), the words “of a confirmed and verified toxicological test” are omitted as unnecessary because of the restatement of the source provisions in paragraph (1) of this subsection.
In subsection (d)(3), the words “laboratory record made available under paragraph (1) of this subsection” are substituted for “such a laboratory record” for clarity.

References in TextSection 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (e)(1), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.

Amendments2018—Subsec. (c)(1). Pub. L. 115–254, § 1104(a)(1)(C)(i), inserted heading and substituted “Except as provided in paragraph (2), the Board” for “The Board”.
Subsec. (c)(2). Pub. L. 115–254, § 1104(a)(1)(C)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: “However, the Board shall make public any part of a transcript or any written depiction of visual information 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
“(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.”
Former par. (2) redesignated (3).
Subsec. (c)(3). Pub. L. 115–254, § 1104(a)(1)(A), (B), redesignated par. (2) as (3) and inserted heading.
Subsec. (d)(1). Pub. L. 115–254, § 1104(a)(2)(B)(i), substituted “Except as provided in paragraph (2), the Board” for “The Board”.
Subsec. (d)(2). Pub. L. 115–254, § 1104(a)(2)(B)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: “However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident—
“(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
“(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.”
Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 115–254, § 1104(a)(2)(A), redesignated par. (2) as (3).
Subsec. (g). Pub. L. 115–254, § 1104(a)(3), added subsec. (g).
2000—Subsec. (a). Pub. L. 106–424, §§ 3(b)(2), 5(b)(2), designated existing provisions as par. (1), substituted “(d), and (f)” for “and (e)” in first sentence, and added par. (2).
Subsec. (c). Pub. L. 106–424, § 5(a)(1), struck out “Voice” after “Cockpit” in heading.
Subsec. (c)(1). Pub. L. 106–424, § 5(a)(2), (3), substituted “cockpit voice or video recorder” for “cockpit voice recorder” in first sentence and inserted “or any written depiction of visual information” after “transcript” in second sentence.
Subsec. (c)(2). Pub. L. 106–424, § 5(a)(2), substituted “cockpit voice or video recorder” for “cockpit voice recorder”.
Subsec. (d). Pub. L. 106–424, § 5(b)(1)(B), which directed the addition of subsec. (d) after subsec. (e), was executed by adding subsec. (d) before subsec. (e) to reflect the probable intent of Congress. Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 106–424, § 5(b)(1)(A), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
1996—Subsec. (a). Pub. L. 104–291, § 102(1), substituted “(b), (c), and (e)” for “(b) and (c)”.
Subsec. (b)(3). Pub. L. 104–291, § 103, added par. (3).
Subsec. (e). Pub. L. 104–291, § 102(2), added subsec. (e).

§ 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 carrying 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 designates 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 reasonable 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—(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and

(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable 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 paragraph (1)(B) of this subsection.

(d) Training of board employees and others.—The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the Board as offsetting collections.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 750; Pub. L. 104–291, title I, § 104, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, § 3(b)(3), Nov. 1, 2000, 114 Stat. 1884.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1115(a)(no source).
1115(b)49 App.:1903(b)(10) (1st, 2d sentences).Jan. 3, 1975, Pub. L. 93–633, § 304(b)(10), 88 Stat. 2156; added July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876.
1115(c)49 App.:1903(b)(10) (3d–last sentences).

In subsections (b) and (c), the words “or successor organization” are omitted as unnecessary because of subsection (a) of this section.
In subsection (b), before clause (1), the words “(established for the purpose of developing courses and conducting training in safety and security for all modes of transportation)” are omitted as surplus. In clause (1), the words “carrying out their duties and powers” are substituted for “in the performance of all of their authorized functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations” are substituted for “of Federal, interstate, State, local, and foreign governments and non-governmental organizations” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words “the Secretary shall deposit the fee in the Treasury” are added for clarity. In clause (B), the words “direct and indirect” are omitted as surplus. The word “administration” is omitted as being included in “operating”. The text of 49 App.:1903(b)(10) (last sentence) is omitted because 5:ch. 41 applies to the National Transportation Safety Board by its own terms.

Amendments2000—Subsec. (d). Pub. L. 106–424 substituted “of the Board” for “of the ‘National Transportation Safety Board, Salaries and Expenses’ ”.
1996—Subsec. (d). Pub. L. 104–291 added subsec. (d).

§ 1116. Reports, studies, and retrospective reviews(a) Periodic Reports.—The National Transportation Safety Board shall report periodically to Congress, departments, agencies, and instrumentalities of the United States Government 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 investigation 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 chapter; or

(B) involve public aircraft (except aircraft of the armed forces and the intelligence agencies);

(4) evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness 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 performance of other departments, agencies, and instrumentalities of the Government responsible for the safe transportation of that material.

(c) 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 analytical summary of the transportation 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 recommendation;

(3) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;

(4) a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year;

(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and

(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.

(d) Retrospective Reviews.—(1) In general.—Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall complete a retrospective review of recommendations issued by the Board that are classified as open by the Board.

(2) Contents.—A review under paragraph (1) shall include—(A) a determination of whether the recommendation should be updated, closed, or reissued in light of—(i) changed circumstances;

(ii) more recently issued recommendations;

(iii) the availability of new technologies; or

(iv) new information making the recommendation ineffective or insufficient for achieving its objective; and

(B) a justification for each determination under subparagraph (A).

(3) Report.—Not later than 180 days after the date a review under paragraph (1) is complete, the Chairman shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—(A) the findings of the review under paragraph (1);

(B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and

(C) if applicable, a schedule for updating, closing, or reissuing a recommendation.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 115–254, div. C, §§ 1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1116(a)49 App.:1441(a)(3), (5) (related to reducing accidents).Aug. 23, 1958, Pub. L. 85–726, § 701(a)(3), (5), 72 Stat. 781.
 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A), (3).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (3)–(5), (7), (8), 88 Stat. 2168, 2169.
1116(b)(1)49 App.:1441(a)(5) (related to studies).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A), (4).
1116(b) (2)–(5)49 App.:1903(a)(5).
 49 App.:1903(a)(6).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 97–74, § 4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100–223, § 311(a), 101 Stat. 1528.
 49 App.:1903(a)(7), (8).

In subsection (a)(1), the word “recommending” is omitted as being included in “advocate” in 49 App.:1903(a)(3). The word “recurrence” is omitted as surplus. The text of 49 App.:1441(a)(3) and (5) (related to reducing accidents) is omitted as superseded by 49 App.:1903(a)(3).
In subsection (b)(1), the words “carry out” are substituted for “initiate and conduct” in 49 App.:1903(a)(4) for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1441(a)(5) (related to studies) is omitted as superseded by 49 App.:1903(a)(4).
In subsection (b)(2), the word “examine” is substituted for “assess and reassess” for clarity. The words “prepare and” are omitted as surplus.
In subsection (b)(3), the words “by regulation” are omitted as unnecessary because of section 1113(f) of the revised title.
In subsection (b)(4), the word “effectiveness” is substituted for “efficacy” for clarity.

Amendments2018—Pub. L. 115–254, § 1111(a)(1), substituted “, studies, and retrospective reviews” for “and studies” in section catchline.
Subsec. (c). Pub. L. 115–254, § 1107(a), added subsec. (c).
Subsec. (d). Pub. L. 115–254, § 1111(a)(2), added subsec. (d).

Savings ClausePub. L. 115–254, div. C, § 1111(c), Oct. 5, 2018, 132 Stat. 3436, provided that: “Nothing in this section [amending this section] or the amendments made by this section may be construed to limit or otherwise affect the authority of the [National Transportation Safety] Board to update, close, or reissue a recommendation.”

§ 1117. Methodology(a) In General.—Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation.

(b) Elements.—Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation—(1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation;

(2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and

(3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation.

(c) Acceptable Limitation.—If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples.

(d) Exception.—Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on—(1) an existing agency best practices document; or

(2) an existing regulatory requirement.

(e) Rule of Construction.—Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act.

(f) Savings Clause.—Nothing in this section may be construed—(1) to delay publication of the findings, cause, or probable cause of a Board investigation;

(2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or

(3) to limit the number of examples the Board may consider before issuing a recommendation.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, § 2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, § 2(a)(1), Dec. 21, 2006, 120 Stat. 3297; Pub. L. 115–254, div. C, § 1107(b)(1), Oct. 5, 2018, 132 Stat. 3432.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

111749 App.:1904.Jan. 3, 1975, Pub. L. 93–633, § 305, 88 Stat. 2171.

In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.

References in TextThe date of enactment of the National Transportation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report.
2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).
1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”

§ 1118. Authorization of appropriations(a) In General.—There are authorized to be appropriated for the purposes of this chapter $111,400,000 for fiscal year 2019, $112,400,000 for fiscal year 2020, $113,400,000 for fiscal year 2021, and $114,400,000 for fiscal year 2022. Such sums shall remain available until expended.

(b) Emergency Fund.—The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $4,000,000.

(c) Fees, Refunds, and Reimbursements.—(1) In general.—The Board may impose and collect such fees, refunds, and reimbursements as it determines to be appropriate for services provided by or through the Board.

(2) Receipts credited as offsetting collections.—Notwithstanding section 3302 of title 31, any fee, refund, or reimbursement collected under this subsection—(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated;

(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and

(C) shall remain available until expended.

(3) Refunds.—The Board may refund any fee paid by mistake or any amount paid in excess of that required.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, § 2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104–291, title I, § 105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, § 13, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 108–168, § 2, Dec. 6, 2003, 117 Stat. 2032; Pub. L. 109–443, § 8(a), (b)(1), (c), Dec. 21, 2006, 120 Stat. 3300; Pub. L. 115–254, div. C, § 1103, Oct. 5, 2018, 132 Stat. 3429.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1118(a)49 App.:1907(a) (1st–6th, last sentences).Jan. 3, 1975, Pub. L. 93–633, § 309(a), 88 Stat. 2173; Oct. 11, 1976, Pub. L. 94–481, 90 Stat. 2080; Sept. 11, 1978, Pub. L. 95–363, § 2, 92 Stat. 597; Nov. 3, 1981, Pub. L. 97–74, § 2, 95 Stat. 1065; June 6, 1983, Pub. L. 98–37, 97 Stat. 204; July 19, 1988, Pub. L. 100–372, § 2, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, § 2, 104 Stat. 4654.
1118(b)49 App.:1907(b) (1st, 2d sentences).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 309(b); added July 19, 1988, Pub. L. 100–372, § 2(b), 102 Stat. 876.
1118(c)49 App.:1907(a) (7th sentence), (b) (last sentence).

In subsection (a), the words “to the National Transportation Safety Board” are added for clarity and consistency in the revised title. References to the fiscal years ending June 30, 1975, through September 30, 1992, are omitted as obsolete.
In subsection (b)(2), the words “amounts equal to amounts expended annually out of the fund” are substituted for “to replenish the fund annually” for clarity.

Amendments2018—Subsec. (a). Pub. L. 115–254 amended subsec. (a) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, $72,000,000 for fiscal year 2002, $73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, $87,539,000 for fiscal year 2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008. Such sums shall remain available until expended.”
2006—Subsec. (a). Pub. L. 109–443, § 8(a), struck out “and” after “2005,” and substituted “2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008.” for “2006.”
Subsec. (c). Pub. L. 109–443, § 8(b)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to appropriations and fees for the National Transportation Safety Board Academy.
Subsec. (d). Pub. L. 109–443, § 8(c), struck out heading and text of subsec. (d). Text read as follows: “The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy.”
2003—Subsec. (a). Pub. L. 108–168, § 2(a), struck out “and” after “fiscal year 2001,” and substituted “$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall” for “such sums to”.
Subsec. (b). Pub. L. 108–168, § 2(b), added second sentence and struck out former second sentence which read as follows: “Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.”
Subsecs. (c), (d). Pub. L. 108–168, § 2(c), added subsecs. (c) and (d).
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a) In General.—There is authorized to be appropriated for the purposes of this chapter $37,580,000 for fiscal year 1994, $44,000,000 for fiscal year 1995, $45,100,000 for fiscal year 1996, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999. Such sums shall remain available until expended.
“(b) Emergency Fund.—The Board has an emergency fund of $1,000,000 available for necessary expenses of the Board, not otherwise 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.”
1996—Subsec. (a). Pub. L. 104–291 struck out “and” after “1995,” and inserted “, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.” before period at end of first sentence.
1994—Subsec. (a). Pub. L. 103–411 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”

Effective Date of 2006 AmendmentPub. L. 109–443, § 8(b)(2), Dec. 21, 2006, 120 Stat. 3300, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 2005.”

§ 1119. Accident and safety data classification and publication(a) In General.—Not later than 90 days after the date of the enactment of this section, the National Transportation Safety Board shall, in consultation and coordination with the Administrator of the Federal Aviation Administration, develop a system for classifying air carrier accident data maintained by the Board.

(b) Requirements for Classification System.—(1) In general.—The system developed under this section shall provide for the classification of accident and safety data in a manner that, in comparison to the system in effect on the date of the enactment of this section, provides for safety-related categories that provide clearer descriptions of accidents associated with air transportation, including a more refined classification of accidents which involve fatalities, injuries, or substantial damage and which are only related to the operation of an aircraft.

(2) Public comment.—In developing a system of classification under paragraph (1), the Board shall provide adequate opportunity for public review and comment.

(3) Final classification.—After providing for public review and comment, and after consulting with the Administrator, the Board shall issue final classifications. The Board shall ensure that air travel accident covered under this section is classified in accordance with the final classifications issued under this section for data for calendar year 1997, and for each subsequent calendar year.

(4) Publication.—The Board shall publish on a periodic basis accident and safety data in accordance with the final classifications issued under paragraph (3).

(5) Recommendations of the administrator.—The Administrator may, from time to time, request the Board to consider revisions (including additions to the classification system developed under this section). The Board shall respond to any request made by the Administrator under this section not later than 90 days after receiving that request.

(c) Appeals.—(1) Notification of rights.—In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board.

(2) Procedure.—The Board shall establish and publish the procedures for appeals under this subsection.

(3) Limitation on applicability.—This subsection shall not apply in the case of an accident that results in a loss of life.

(Added Pub. L. 104–264, title IV, § 407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108–168, § 5, Dec. 6, 2003, 117 Stat. 2034.)

References in TextThe date of the enactment of this section, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.

Amendments2003—Subsec. (c). Pub. L. 108–168 added subsec. (c).

Effective DateExcept as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Multimodal Accident Database Management SystemPub. L. 115–254, div. C, § 1108, Oct. 5, 2018, 132 Stat. 3433, provided that:
“(a) Establishment.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the [National Transportation Safety] Board shall establish and maintain a multimodal accident database management system for Board investigators.

“(b) Purposes.—The purposes of the system shall be to support the Board in improving—“(1) the quality of accident data the Board makes available to the public; and

“(2) the selection of accidents for investigation and allocation of limited resources.

“(c) Requirements.—The system shall—“(1) maintain a historical record of accidents that are investigated by the Board; and

“(2) be capable of the secure storage, retrieval, and management of information associated with the investigations of such accidents.”

SUBCHAPTER III—AUTHORITY
§ 1131. General authority(a) General.—(1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of—(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;

(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, substantial property damage, or significant injury to the environment;

(E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 2101(46) 11 See References in Text note below. of title 46), 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 character; or

(iii) the investigation of the accident would carry out this chapter.

(2)(A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (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 participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident.

(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.

(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.

(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 department, 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 or the Secretary of the department in which the Coast Guard is operating 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) Accidents Involving Public Aircraft.—The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a), 1132(b), and 1134(a), (b), (d), and (f) of this title.

(e) Accident Reports.—The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public at reasonable cost.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, § 3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106–424, §§ 6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886; Pub. L. 108–168, § 7, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, § 9(b), (c), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115–254, div. C, § 1113(b), Oct. 5, 2018, 132 Stat. 3438.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1131(a)(1)49 App.:1903(a) (1)(A)–(E) (less last sentence of (E)), (F).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A)–(F), 88 Stat. 2168; Oct. 24, 1992, Pub. L. 102–508, § 303, 106 Stat. 3307.
1131(a)(2)49 App.:1903(a)(1) (2d, 3d sentences).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1) (less (A)–(F)), 88 Stat. 2168; Nov. 3, 1981, Pub. L. 97–74, § 3, 95 Stat. 1065.
1131(a)(3)49 App.:1903(a)(1) (4th, 5th sentences).
1131(b)49 App.:1903(a)(1)(E) (last sentence).
1131(c)49 App.:1441(f).Aug. 23, 1958, Pub. L. 85–726, § 701(a)(4), (f), 72 Stat. 781.
 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A) (6th, last sentences).
1131(d)49 App.:1441(a)(4).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
 49 App.:1903(a)(2).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(2), 88 Stat. 2168; July 19, 1988, Pub. L. 100–372, § 3(a), 102 Stat. 876.

In this section, the word “conditions” is omitted as being included in “circumstances”. The words “head of the department in which the Coast Guard is operating” are substituted for “Secretary of the department in which the Coast Guard is operating” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1)(A), the words “the Board has authority to investigate under section 1132 of this title” are substituted for “which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 1655(d) of this Appendix pursuant to title VII of the Federal Aviation Act of 1958, as amended [49 App. U.S.C. 1441 et seq.]” because of the restatement.
In subsection (a)(1)(F), before subclause (i), the word “decides” is substituted for “in the judgment of” for clarity. The word “individuals” is substituted for “people” for consistency in the revised title. In subclause (iii), the words “the investigation of” are added as being more precise.
In subsection (a)(3), the word “developed” is substituted for “obtained or developed” to eliminate unnecessary words.
In subsection (b)(2), the word “affect” is substituted for “eliminate or diminish” for clarity.
In subsection (c), the text of 49 App.:1441(f) is omitted as superseded by 49 App.:1903(a)(1) (6th, last sentences).
In subsection (d), the words “in writing” in 49 App.:1903(a)(2) are omitted as surplus. The words “by it” are added for clarity. The text of 49 App.:1441(a)(4) is omitted as superseded by 49 App.:1903(a)(1)(A) and (2).

References in TextPresidential Proclamation No. 5928, referred to in subsec. (a)(1)(E), is set out as a note under section 1331 of Title 43, Public Lands.
Section 2101(46) of title 46, referred to in subsec. (a)(1)(E), was repealed and reenacted as section 116 of title 46 by Pub. L. 109–304, §§ 4, 15(2)(A), Oct. 6, 2006, 120 Stat. 1486, 1702.

Amendments2018—Subsec. (a)(1)(A). Pub. L. 115–254 substituted “a public aircraft as defined by section 40102(a) of this title” for “a public aircraft as defined by section 40102(a)(37) of this title”.
2006—Subsec. (a)(1)(E). Pub. L. 109–443, § 9(b), substituted “on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988,” for “on the navigable waters or territorial sea of the United States,” and inserted “(as defined in section 2101(46) of title 46)” after “vessel of the United States”.
Subsec. (c)(1). Pub. L. 109–443, § 9(c), inserted “or the Secretary of the department in which the Coast Guard is operating” after “Transportation” in introductory provisions.
2003—Subsec. (a)(2)(B), (C). Pub. L. 108–168 realigned margins.
2000—Subsec. (a)(2). Pub. L. 106–424, § 6(a), designated existing provisions as subpar. (A), substituted “Subject to the requirements of this paragraph, an investigation” for “An investigation”, and added subpars. (B) and (C).
Subsec. (d). Pub. L. 106–424, § 7, substituted “1134(a), (b), (d), and (f)” for “1134(b)(2)”.
1994—Subsec. (a)(1)(A). Pub. L. 103–411, § 3(c)(1), inserted before semicolon at end “or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States”.
Subsecs. (d), (e). Pub. L. 103–411, § 3(c)(2), added subsec. (d) and redesignated former subsec. (d) as (e).

Effective Date of 1994 AmendmentPub. L. 103–411, § 3(d), Oct. 25, 1994, 108 Stat. 4237, provided that: “The amendments made by subsections (a) and (c) [amending this section and section 40102 of this title] shall take effect on the 180th day following the date of the enactment of this Act [Oct. 25, 1994].”

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Revision of 1977 AgreementPub. L. 108–168, § 3(b), Dec. 6, 2003, 117 Stat. 2033, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 6, 2003], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section [amending section 1136 of this title] and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

Pub. L. 106–424, § 6(b), Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].”

Memorandum of UnderstandingPub. L. 106–424, § 8, Nov. 1, 2000, 114 Stat. 1886, provided that:
“Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents—
“(1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and

“(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.”

§ 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 authorities, 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 investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause.

(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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 753.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1132(a)(1)49 App.:1441(a)(2).Aug. 23, 1958, Pub. L. 85–726, §§ 701(a)(1), (2), (c) (1st sentence), (g), 702, 72 Stat. 781, 782.
 49 App.:1442(a).
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.
1132(a)(2)49 App.:1441(c) (1st sentence).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
1132(b)49 App.:1441(a)(1).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
1132(c)49 App.:1441(g).
 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
1132(d)49 App.:1442(b), (c).
 49 App.:1655(c)(1), (d) (1st sentence).
 49 App.:1903(a)(1)(A).

In subsection (a)(1)(A), the words “and report the facts, conditions, and circumstances related to each accident and the probable cause thereof” in 49 App.:1441(a)(2) are omitted as unnecessary because of section 1131(d) of the revised title.
In subsection (a)(1)(B), the words “provide for” in 49 App.:1442(a) are omitted as surplus.
In subsection (a)(2), the words “any member of the National Transportation Safety Board or any officer or employee of the National Transportation Safety Board” in 49 App.:1441(c) are omitted as unnecessary because of sections 1113 and 1134 of the revised title.
In subsections (c) and (d), the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in sections 701(g) and 702(b) and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 782) for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g).
In subsection (c), the words “and his representatives” in 49 App.:1441(g) are omitted because of 49:322(b). The words “when participation is necessary to carry out the duties and powers” are substituted for “In order to assure the proper discharge . . . of his duties and responsibilities” to eliminate unnecessary words. The words “or his representatives” are omitted because of 49:322(b).

§ 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 Transportation 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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 754.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1133(1)–(3)49 App.:1903(a)(9).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, § 4(b), 98 Stat. 2315.
1133(4)(no source).

In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section.
In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34).
Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§ 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 transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and

(2) during reasonable hours, may inspect any record, including an electronic record, process, control, or facility related to an accident investigation under this chapter.

(b) Inspection, Testing, Preservation, and Moving of Aircraft and Parts.—(1) In investigating an aircraft accident under this chapter, the Board may inspect and test, to the extent necessary, 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 regulations 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 investigation and with the cooperation of that owner or operator.

(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 religious 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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 754; Pub. L. 115–254, div. C, § 1105, Oct. 5, 2018, 132 Stat. 3431.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1134(a)49 App.:1903(b)(2) (1st sentence words before 3d comma, 3d sentence).Jan. 3, 1975, Pub. L. 93–633, § 304(b)(2), 88 Stat. 2170; Nov. 3, 1981, Pub. L. 97–74, § 5, 95 Stat. 1065; Nov. 28, 1990, Pub. L. 101–641, § 3, 104 Stat. 4654.
1134(b)49 App.:1441(c) (2d sentence), (d).Aug. 23, 1958, Pub. L. 85–726, § 701(c) (2d, last sentences), (d), 72 Stat. 781; Oct. 15, 1962, Pub. L. 87–810, §§ 1, 2, 76 Stat. 921.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (b)(5), 88 Stat. 2168, 2170.
1134(c)49 App.:1903(b)(2) (1st sentence words after 3d comma, 2d sentence).
1134(d)49 App.:1903(b)(2) (5th, last sentences).
1134(e)49 App.:1903(b)(2) (4th sentence).
1134(f)49 App.:1441(c) (last sentence).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A), (b)(5).

In subsection (a), before clause (1), the word “officer” is added for consistency in the revised title.
In subsection (b)(1), the words “investigating an aircraft accident” are substituted for “carrying out its duties” in 49 App.:1441(c) for clarity. The words “inspect and test” are substituted for “examine and test” for consistency in the revised title and with other titles of the United States Code.
In subsection (c), before clause (1), the words “In carrying out subsection (a)(1) of this section, an officer or employee” are added because of the restatement. The words “or any part of any such item” are omitted as surplus. The words “when such examination or testing is determined to be required for purposes of such investigation” are omitted as unnecessary because of the words “do anything necessary to conduct an investigation” in subsection (a)(1) of this section. In clause (1), the word “obstruct” is omitted as being included in “interfere”.
In subsection (d), the word “individuals” is substituted for “persons” the 2d time that word is used for clarity. The words “The Board shall make any of those decisions” are substituted for “and shall be made” because of the restatement.
In subsection (e), the word “promptly” is substituted for “with reasonable promptness” to eliminate unnecessary words.
In subsection (f)(1), the words “In the case of any fatal accident” in 49 App.:1441(c) are omitted as surplus. The words “to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident” are omitted as unnecessary because of the authority of the Board to conduct autopsies.

Amendments2018—Subsec. (a)(2). Pub. L. 115–254 inserted “including an electronic record,” after “record,”.

§ 1135. Secretary of Transportation’s responses to safety recommendations(a) General.—When the National Transportation Safety Board submits a recommendation about transportation safety to the Secretary of Transportation, the Secretary shall give to the Board 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 recommendation;

(2) to carry out procedures to adopt a part of the recommendation; or

(3) to refuse to carry out procedures to adopt the recommendation.

(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 subsection (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 and response available to the public at reasonable cost.

(d) Annual Report on Air Carrier Safety Recommendations.—(1) In general.—The Secretary shall submit to Congress and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier operations conducted under part 121 of title 14, Code of Federal Regulations.

(2) Recommendations to be covered.—The report shall cover—(A) any recommendation for which the Secretary has developed, or intends to develop, procedures to adopt the recommendation or part of the recommendation, but has yet to complete the procedures; and

(B) any recommendation for which the Secretary, in the preceding year, has issued a response under subsection (a)(2) or (a)(3) refusing to carry out all or part of the procedures to adopt the recommendation.

(3) Contents.—(A) Plans to adopt recommendations.—For each recommendation of the Board described in paragraph (2)(A), the report shall contain—(i) a description of the recommendation;

(ii) a description of the procedures planned for adopting the recommendation or part of the recommendation;

(iii) the proposed date for completing the procedures; and

(iv) if the Secretary has not met a deadline contained in a proposed timeline developed in connection with the recommendation under subsection (b), an explanation for not meeting the deadline.

(B) Refusals to adopt recommendations.—For each recommendation of the Board described in paragraph (2)(B), the report shall contain—(i) a description of the recommendation; and

(ii) a description of the reasons for the refusal to carry out all or part of the procedures to adopt the recommendation.

(e) Reporting Requirements.—(1) Annual secretarial regulatory status reports.—On February 1 of each year, the Secretary shall submit a report to Congress and the Board containing the regulatory status of each recommendation made by the Board to the Secretary (or to an Administration within the Department of Transportation) that is on the Board’s “most wanted list”. The Secretary shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Secretary (or an Administration within the Department) determines and states in such a report that no action should be taken.

(2) Failure to report.—If on March 1 of each year the Board has not received the Secretary’s report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Secretary’s failure to submit the required report.

(3) Compliance report with recommendations.—Within 90 days after the date on which the Secretary submits a report under this subsection, the Board shall review the Secretary’s report and transmit comments on the report to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 755; Pub. L. 108–168, § 6, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, § 2(b), Dec. 21, 2006, 120 Stat. 3298; Pub. L. 111–216, title II, § 202, Aug. 1, 2010, 124 Stat. 2351; Pub. L. 111–249, § 6(1), (2), Sept. 30, 2010, 124 Stat. 2628.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1135(a), (b)49 App.:1906(a) (less last sentence).Jan. 3, 1975, Pub. L. 93–633, § 307(a), 88 Stat. 2172; Nov. 3, 1981, Pub. L. 97–74, § 6, 95 Stat. 1066; July 19, 1988, Pub. L. 100–372, § 3(b), 102 Stat. 876.
1135(c)49 App.:1906(a) (last sentence).
1135(d)49 App.:1906(b).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 307(b); added Nov. 3, 1981, Pub. L. 97–74, § 6, 95 Stat. 1066.

In subsections (a) and (b), the words “carry out” are substituted for “initiate and conduct” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the word “complete” is substituted for “in full” for consistency in the revised title.

Amendments2010—Subsec. (a). Pub. L. 111–216, § 202(a), as amended by Pub. L. 111–249, § 6(1), inserted “to the Board” after “shall give” in introductory provisions.
Subsecs. (d), (e). Pub. L. 111–216, § 202(b), as amended by Pub. L. 111–249, § 6(2), added subsec. (d) and redesignated former subsec. (d) as (e).
2006—Subsec. (d)(3). Pub. L. 109–443 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.”
2003—Subsec. (d). Pub. L. 108–168 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation 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.”

Effective Date of 2010 AmendmentPub. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Pub. L. 111–249 are effective as of Aug. 1, 2010, and as if included in Pub. L. 111–216 as enacted.

Reports on Certain Open Safety RecommendationsPub. L. 108–168, § 9, Dec. 6, 2003, 117 Stat. 2035, provided that:
“(a) Initial Report.—Within 1 year after the date of enactment of this Act [Dec. 6, 2003], the Secretary of Transportation shall submit a report to Congress and the National Transportation Safety Board containing the regulatory status of each open safety recommendation made by the Board to the Secretary concerning—“(1) 15-passenger van safety;

“(2) railroad grade crossing safety; and

“(3) medical certifications for a commercial driver’s license.

“(b) Biennial Updates.—The Secretary shall continue to report on the regulatory status of each such recommendation (and any subsequent recommendation made by the Board to the Secretary concerning a matter described in paragraph (1), (2), or (3) of subsection (a)) at 2-year intervals until—“(1) final regulatory action has been taken on the recommendation;

“(2) the Secretary determines, and states in the report, that no action should be taken on that recommendation; or

“(3) the report, if any, required to be submitted in 2008 is submitted.

“(c) Failure To Report.—If the Board has not received a report required to be submitted under subsection (a) or (b) within 30 days after the date on which that report is required to be submitted, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

NTSB Safety RecommendationsPub. L. 107–355, § 19, Dec. 17, 2002, 116 Stat. 3009, as amended by Pub. L. 108–426, § 2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that:
“(a) In General.—The Secretary of Transportation, the Administrator of Pipeline and Hazardous Materials Safety Administration, and the Director of the Office of Pipeline Safety shall fully comply with section 1135 of title 49, United States Code, to ensure timely responsiveness to National Transportation Safety Board recommendations about pipeline safety.

“(b) Public Availability.—The Secretary, Administrator, or Director, respectively, shall make a copy of each recommendation on pipeline safety and response, as described in subsections (a) and (b) of section 1135, title 49, United States Code.

“(c) Reports to Congress.—The Secretary, Administrator, or Director, respectively, shall submit to Congress by January 1 of each year a report containing each recommendation on pipeline safety made by the Board during the prior year and a copy of the response to each such recommendation.”

§ 1136. Assistance to families of passengers involved in aircraft accidents(a) In General.—As soon as practicable after being notified of an aircraft accident involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the National Transportation Safety Board shall—(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and

(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.

(b) Responsibilities of the Board.—The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a).

(c) Responsibilities of Designated Organization.—The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident:(1) To provide mental health and counseling services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.

(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.

(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.

(4) To communicate with the families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.

(5) To arrange a suitable memorial service, in consultation with the families.

(d) Passenger Lists.—(1) Requests for passenger lists.—(A) Requests by director of family support services.—It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the aircraft involved in the accident.

(B) Requests by designated organization.—The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a list described in subparagraph (A).

(2) Use of information.—The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate.

(e) Continuing Responsibilities of the Board.—In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—(1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and

(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.

(f) Use of Air Carrier Resources.—To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the air carrier or foreign air carrier involved in the accident so that the resources of the carrier can be used to the greatest extent possible to carry out the organization’s responsibilities under this section.

(g) Prohibited Actions.—(1) Actions to impede the board.—No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another.

(2) Unsolicited communications.—In the event of an accident involving an air carrier providing interstate or foreign air transportation and in the event of an accident involving a foreign air carrier that occurs within the United States, no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.

(3) Prohibition on actions to prevent mental health and counseling services.—No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination.

(h) Definitions.—In this section, the following definitions apply:(1) Aircraft accident.—The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, for which the National Transportation Safety Board is the lead investigative agency.

(2) Passenger.—The term “passenger” includes—(A) an employee of an air carrier or foreign air carrier aboard an aircraft;

(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight; and

(C) any other person injured or killed in the aircraft accident, as determined appropriate by the Board.

(i) Statutory Construction.—Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.

(j) Relinquishment of Investigative Priority.—(1) General rule.—This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.

(2) Board assistance.—If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.

(Added Pub. L. 104–264, title VII, § 702(a)(1), Oct. 9, 1996, 110 Stat. 3265; amended Pub. L. 106–181, title IV, § 401(a)(1), (b)–(d), Apr. 5, 2000, 114 Stat. 129; Pub. L. 108–168, § 3(a), Dec. 6, 2003, 117 Stat. 2033; Pub. L. 115–254, div. C, § 1109(c), Oct. 5, 2018, 132 Stat. 3434.)

Amendments2018—Subsec. (a). Pub. L. 115–254, § 1109(c)(1), in introductory provisions, substituted “aircraft accident involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency” for “aircraft accident within the United States involving an air carrier or foreign air carrier and resulting in a major loss of life”.
Subsec. (h)(1). Pub. L. 115–254, § 1109(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘aircraft accident’ means any aviation disaster regardless of its cause or suspected cause.”
Subsec. (h)(2)(C). Pub. L. 115–254, § 1109(c)(2)(B), added subpar. (C).
2003—Subsec. (j). Pub. L. 108–168 added subsec. (j).
2000—Subsec. (g)(2). Pub. L. 106–181, § 401(a)(1), substituted “transportation and in the event of an accident involving a foreign air carrier that occurs within the United States,” for “transportation,”, inserted “(including any associate, agent, employee, or other representative of an attorney)” after “attorney”, and substituted “45th day” for “30th day”.
Subsec. (g)(3). Pub. L. 106–181, § 401(b), added par. (3).
Subsec. (h)(2). Pub. L. 106–181, § 401(c), amended heading and text generally. Prior to amendment, text read as follows: “The term ‘passenger’ includes an employee of an air carrier aboard an aircraft.”
Subsec. (i). Pub. L. 106–181, § 401(d), added subsec. (i).

Effective Date of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective DateExcept as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

§ 1137. Authority of the Inspector General(a) In General.—The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations.

(b) Duties.—In carrying out this section, the Inspector General shall—(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;

(2) issue findings and recommendations for actions to address such problems; and

(3) report periodically to Congress on any progress made in implementing actions to address such problems.

(c) Access to Information.—In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).

(d) Authorizations of Appropriations.—(1) Funding.—There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.

(2) Reimbursable agreement.—In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense.

(Added Pub. L. 106–424, § 12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, § 4, Dec. 21, 2006, 120 Stat. 3299.)

References in TextSection 6 of the Inspector General Act of 1978, referred to in subsec. (c), is section 6 of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.”

§ 1138. Evaluation and audit of National Transportation Safety Board(a) In General.—To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the National Transportation Safety Board. Such evaluation and audit shall be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.

(b) Responsibility of Comptroller General.—The Comptroller General shall evaluate and audit Board programs, operations, and activities, including—(1) information management and security, including privacy protection of personally identifiable information;

(2) resource management;

(3) workforce development;

(4) procurement and contracting planning, practices and policies;

(5) the process and procedures to select an accident to investigate;

(6) the extent to which the Board follows leading practices in selected management areas; and

(7) the extent to which the Board addresses management challenges in completing accident investigations.

(c) Appropriate Congressional Committees.—For purposes of this section the term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(Added Pub. L. 109–443, § 5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113–188, title XV, § 1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115–254, div. C, § 1110, Oct. 5, 2018, 132 Stat. 3435.)

Amendments2018—Subsec. (b)(5) to (7). Pub. L. 115–254, § 1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.
Subsec. (c). Pub. L. 115–254, § 1110(2), inserted comma after “Science”.
2014—Subsec. (a). Pub. L. 113–188 struck out “at least annually, but may be conducted” after “Such evaluation and audit shall be conducted”.

§ 1139. Assistance to families of passengers involved in rail passenger accidents(a) In General.—As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the National Transportation Safety Board shall—(1) designate and publicize the name and telephone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and

(2) designate an independent nonprofit organization, with experience in disasters and post-trauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.

(b) Responsibilities of the Board.—The Board shall have primary Federal responsibility for—(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and

(2) communicating with the families of passengers involved in the accident as to the roles, with respect to the accident and the post-accident activities, of—(A) the organization designated for an accident under subsection (a)(2);

(B) Government agencies; and

(C) the rail passenger carrier involved.

(c) Responsibilities of Designated Organization.—The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident:(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved.

(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.

(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.

(4) To arrange a suitable memorial service, in consultation with the families.

(d) Passenger Lists.—(1) Requests for passenger lists.—(A) Requests by director of family support services.—It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.

(B) Requests by designated organization.—The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a list described in subparagraph (A).

(2) Use of information.—Except as provided in subsection (k), the director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate.

(e) Continuing Responsibilities of the Board.—In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and

(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.

(f) Use of Rail Passenger Carrier Resources.—To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier.

(g) Prohibited Actions.—(1) Actions to impede the board.—No person (including a State or political subdivision thereof) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another.

(2) Unsolicited communications.—No unsolicited communication concerning a potential action or settlement offer for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation, including the railroad carrier or rail passenger carrier, to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.

(3) Prohibition on actions to prevent mental health and counseling services.—No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination.

(h) Definitions.—In this section:(1) Rail passenger accident.—The term “rail passenger accident” means any rail passenger disaster that—(A) results in any loss of life;

(B) the National Transportation Safety Board will serve as the lead investigative agency for; and

(C) occurs in the provision of—(i) interstate intercity rail passenger transportation (as such term is defined in section 24102); or

(ii) high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause.

(2) Rail passenger carrier.—The term “rail passenger carrier” means a rail carrier providing—(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or

(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,

except that such term does not include a tourist, historic, scenic, or excursion rail carrier.

(3) Passenger.—The term “passenger” includes—(A) an employee of a rail passenger carrier aboard a train;

(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and

(C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board.

(i) Limitation on Statutory Construction.—Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.

(j) Relinquishment of Investigative Priority.—(1) General rule.—This section (other than subsection (g)) shall not apply to a rail passenger accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.

(2) Board assistance.—If this section does not apply to a rail passenger accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.

(k) Savings Clause.—Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.

(Added Pub. L. 110–432, div. A, title V, § 501(a), Oct. 16, 2008, 122 Stat. 4894; amended Pub. L. 114–94, div. A, title XI, § 11316(a), Dec. 4, 2015, 129 Stat. 1676; Pub. L. 115–254, div. C, § 1109(d), Oct. 5, 2018, 132 Stat. 3435.)

Amendments2018—Subsec. (a). Pub. L. 115–254, § 1109(d)(1), substituted “resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency” for “resulting in a major loss of life” in introductory provisions.
Subsec. (h)(1). Pub. L. 115–254, § 1109(d)(2), amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘rail passenger accident’ means any rail passenger disaster resulting in a major loss of life occurring in the provision of—
“(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
“(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,
regardless of its cause or suspected cause.”
2015—Subsec. (a)(1). Pub. L. 114–94, § 11316(a)(1), substituted “telephone number” for “phone number”.
Subsec. (a)(2). Pub. L. 114–94, § 11316(a)(2), substituted “post-trauma communication with families” for “post trauma communication with families”.
Subsec. (j). Pub. L. 114–94, § 11316(a)(3), substituted “rail passenger accident” for “railroad passenger accident” in pars. (1) and (2).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Establishment of Task ForcePub. L. 110–432, div. A, title V, § 503, Oct. 16, 2008, 122 Stat. 4899, provided that:
“(a) Establishment.—The Secretary [of Transportation], in cooperation with the National Transportation Safety Board, organizations potentially designated under section 1139(a)(2) of title 49, United States Code, rail passenger carriers (as defined in section 1139(h)(2) of title 49, United States Code), and families which have been involved in rail accidents, shall establish a task force consisting of representatives of such entities and families, representatives of rail passenger carrier employees, and representatives of such other entities as the Secretary considers appropriate.

“(b) Model Plan and Recommendations.—The task force established pursuant to subsection (a) shall develop—“(1) a model plan to assist rail passenger carriers in responding to passenger rail accidents;

“(2) recommendations on methods to improve the timeliness of the notification provided by passenger rail carriers to the families of passengers involved in a passenger rail accident;

“(3) recommendations on methods to ensure that the families of passengers involved in a passenger rail accident who are not citizens of the United States receive appropriate assistance; and

“(4) recommendations on methods to ensure that emergency services personnel have as immediate and accurate a count of the number of passengers onboard the train as possible.

“(c) Report.—Not later than 1 year after the date of the enactment of this Act [Oct. 16, 2008], the Secretary shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation containing the model plan and recommendations developed by the task force under subsection (b).”

§ 1140. Information for families of individuals involved in accidents
In the course of an investigation of an accident described in section 1131(a)(1), except an aircraft accident described in section 1136 or a rail passenger accident described in section 1139, the Board may, to the maximum extent practicable, ensure that the families of individuals involved in the accident, and other individuals the Board deems appropriate—(1) are informed as to the roles, with respect to the accident and the post-accident activities, of the Board;

(2) are briefed, before any public briefing, about the accident, its causes, and any other findings from the investigation; and

(3) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.

(Added Pub. L. 115–254, div. C, § 1109(e)(1), Oct. 5, 2018, 132 Stat. 3435.)

SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
§ 1151. Aviation enforcement(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)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. 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 appropriate court—(1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed 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 sections.

(c) Participation of Board.—On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756; Pub. L. 106–181, title IV, § 401(a)(2), Apr. 5, 2000, 114 Stat. 129.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1151(a)49 App.:1487(a) (related to CAB).Aug. 23, 1958, Pub. L. 85–726, §§ 1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.
1151(b)49 App.:1487(b) (related to CAB).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
1151(c)49 App.:1488 (related to CAB).
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).

In this section, the words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “issued under this chapter” and “provisions of this chapter” because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board.
In subsections (a) and (b), the word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as being included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits.
In subsection (a), the words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “An action under this subsection may be brought in the judicial district in which” are substituted for “for any district wherein” for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b), before clause (1), the words “Attorney General” are substituted for “any district attorney of the United States” in 49 App.:1487(b) because of 28:509. The words “to whom the Board or Secretary of Transportation may apply” are omitted as surplus. The words “may bring a civil action” are substituted for “is authorized to institute . . . all necessary proceedings” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under the direction of the Attorney General” are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete.
In subsection (c), the words “civil action” are substituted for “proceeding in court” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Amendments2000—Pub. L. 106–181 inserted “1136(g)(2),” before “or 1155(a)” in subsecs. (a), (b)(1), and (c).

Effective Date of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

§ 1152. Joinder and intervention in aviation proceedings
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (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.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

115249 App.:1489.Aug. 23, 1958, Pub. L. 85–726, § 1009, 72 Stat. 796.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.

The words “civil action” are substituted for “proceedings . . . begun originally in any court of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “the provisions of this chapter” in 49 App.:1489 because 49 App.:1489 is taken from 49 App.:ch. 20 and the sections in quotations restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. The remaining relevant provisions of 49 App.:ch. 20 are restated in part A of subtitle VII of the revised title, and provisions comparable to this section are included as section 46109 of the revised title. The word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the Board does not have authority to issue certificates or permits. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.

§ 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 Transportation 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 Matters.—(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 subsection, 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 part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying 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 44703(d), 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.

(d) Commandant Seeking Judicial Review of Maritime Matters.—If the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756; Pub. L. 108–293, title VI, § 622, Aug. 9, 2004, 118 Stat. 1063; Pub. L. 112–95, title III, § 301(b), Feb. 14, 2012, 126 Stat. 56.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1153(a)49 App.:1655(d) (last sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d), 80 Stat. 938.
 49 App.:1903(d).Jan. 3, 1975, Pub. L. 93–633, § 304(d), 88 Stat. 2171.
1153(b)(1)49 App.:1486(a), (b) (as 1486(a), (b) relates to CAB).Aug. 23, 1958, Pub. L. 85–726, § 1006(a), (b), (e), (f) (as § 1006(a), (b), (e), (f) relates to CAB), 72 Stat. 795.
 49 App.:1655(d) (1st sentence).
1153(b)(2)49 App.:1486(c) (related to CAB).Aug. 23, 1958, Pub. L. 85–726, § 1006(c) (related to CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86–546, § 1, 74 Stat. 255.
 49 App.:1655(d) (1st sentence).
1153(b)(3)49 App.:1486(d), (e) (1st sentence) (as 1486(d), (e) (1st sentence) relates to CAB).Aug. 23, 1958, Pub. L. 85–726, § 1006(d) (related to CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87–225, § 2, 75 Stat. 497.
 49 App.:1655(d) (1st sentence).
1153(b)(4)49 App.:1486(e) (last sentence related to CAB).
 49 App.:1655(d) (1st sentence).
1153(b)(5)49 App.:1486(f) (related to CAB).
 49 App.:1655(d) (1st sentence).
1153(c)49 App.:1429(a) (8th–last sentences related to Administrator under subch. VII).Aug. 23, 1958, Pub. L. 85–726, § 609(a) (8th–last sentences related to Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, § 2(a), 85 Stat. 481; Aug. 26, 1992, Pub. L. 102–345, § 3(a)(2), 106 Stat. 925.
 49 App.:1471(a) (3)(D)(v) (related to Administrator under subch. VII).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 901(a) (3)(D)(v) (related to Administrator under title VII); added Nov. 18, 1988, Pub. L. 100–690, § 7208(b), 102 Stat. 4429; restated Aug. 26, 1992, Pub. L. 102–345, § 2(a), 106 Stat. 923.
 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.

In subsection (a), the text of 49 App.:1903(d) (last sentence) is omitted as unnecessary because 5:ch. 7 applies by its own terms. The words “final order” are substituted for “order, affirmative or negative” in 49 App.:1903(d) and “Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final” in 49 App.:1655(d) to eliminate unnecessary words. The words “is issued” are substituted for “after the entry” for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1655(d) (last sentence words after last comma) is omitted as unnecessary because of 49 App.:1903(d).
In subsection (b)(1), the words “affirmative or negative” are omitted as surplus. The words “related to an aviation matter” are added because the source provisions being restated only apply to aviation matters. The words “is issued” are substituted for “the entry of” for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words “if any” are omitted as surplus. The words “of the proceeding” are added for clarity. The words “complained of” and “as provided in section 2112 of title 28” are omitted as surplus.
In subsection (b)(3), the word “amend” is added for consistency in the revised title. The word “interim” is substituted for “interlocutory” for clarity. The words “taking other appropriate action” are substituted for “by such mandatory or other relief as may be appropriate” for clarity and to eliminate unnecessary words.
In subsection (b)(4), the words “made in the proceeding conducted by” are substituted for “urged before” for clarity.
In subsection (c), the source provisions are combined to eliminate unnecessary words and are restated in this chapter to alert the reader to the authority of the Administrator of the Federal Aviation Administration to seek judicial review of an order of the National Transportation Safety Board under section 44709 or 46301(d) of the revised title that the Administrator decides will have a significant adverse impact on carrying out source provisions restated in this chapter that are derived from title VII of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 781).

Amendments2012—Subsec. (c). Pub. L. 112–95 substituted “section 44703(d), 44709, or” for “section 44709 or”.
2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).

§ 1154. Discovery and use of cockpit and surface vehicle recordings and transcripts(a) In General.—(1) Except as provided by this subsection, a party in a judicial proceeding may not use discovery to obtain—(A) any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title;

(B) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and

(C) a cockpit or surface vehicle 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 or surface vehicle 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) or 1114(d) 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 necessary 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 or surface vehicle recorder transcript that the Board has not made available under section 1114(c) or 1114(d) of this title only if the cockpit or surface vehicle 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 or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, 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) or 1114(d) 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 or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, is necessary to provide the party with sufficient information for the party to receive a fair trial.

(4)(A) When a court allows discovery in a judicial proceeding of a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order—(i) to limit the use of the still image, the part of the transcript, or the recording to the judicial proceeding; and

(ii) to prohibit dissemination of the still image, the part of the transcript, or the recording to any person that does not need access to the still image, the part of the transcript, or the recording for the proceeding.

(B) A court may allow a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the still image, the part of the transcript, or the recording under seal to prevent the use of the still image, 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 or surface vehicle recorder information in making safety recommendations.

(6) In this subsection:(A) Recorder.—The term “recorder” means a voice or video recorder.

(B) Still image.—The term “still image” means any still image obtained from a video recorder.

(C) Transcript.—The term “transcript” includes any written depiction of visual information obtained from a video recorder.

(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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 757; Pub. L. 106–424, § 5(c)(1), Nov. 1, 2000, 114 Stat. 1885; Pub. L. 115–254, div. C, § 1104(b), Oct. 5, 2018, 132 Stat. 3430.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1154(a)49 App.:1905(c)(3), (d).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 306(c)(3), (d); added Oct. 14, 1982, Pub. L. 97–309, § 2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, § 4, 104 Stat. 4655.
1154(b)49 App.:1441(e).Aug. 23, 1958, Pub. L. 85–726, § 701(e), 72 Stat. 781.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A), (c).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (c), 88 Stat. 2168, 2171.

In subsection (a), the word “transcript” is substituted for “transcriptions” for clarity.
In subsection (a)(1)(A), the words “that the National Transportation Safety Board has not made available to the public” are substituted for “other than such portions made available to the public by the Board” for clarity.
In subsection (a)(2)(B), the words “prepared by or under the direction of the Board” are omitted as unnecessary and for consistency with the source provisions restated in this subsection.
In subsection (b), the words “civil action” are substituted for “suit or action” in 49 App.:1441(e) and 1903(c) for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).

Amendments2018—Subsec. (a). Pub. L. 115–254, § 1104(b)(1), substituted “In General” for “Transcripts and Recordings” in heading.
Subsec. (a)(1). Pub. L. 115–254, § 1104(b)(2), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Subsec. (a)(3). Pub. L. 115–254, § 1104(b)(3), substituted “recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title,” for “recorder recording” in introductory provisions and in subpar. (B).
Subsec. (a)(4)(A). Pub. L. 115–254, § 1104(b)(4), inserted “a still image or” before “a part of a cockpit” in introductory provisions and substituted “the still image, the part of the transcript, or the recording” for “the part of the transcript or the recording” wherever appearing.
Subsec. (a)(4)(B). Pub. L. 115–254, § 1104(b)(4)(B), inserted “a still image or” before “a part of a cockpit” and substituted “the still image, the part of the transcript, or the recording” for “the part of the transcript or the recording” in two places.
Subsec. (a)(6)(B), (C). Pub. L. 115–254, § 1104(b)(5), added subpar. (B) and redesignated former subpar. (B) as (C).
2000—Pub. L. 106–424, § 5(c)(1)(A), substituted “and surface vehicle recordings and transcripts” for “voice and other material” in section catchline.
Subsec. (a). Pub. L. 106–424, § 5(c)(1)(B), substituted “cockpit or surface vehicle recorder” for “cockpit voice recorder” wherever appearing.
Pub. L. 106–424, § 5(c)(1)(C), substituted “section 1114(c) or 1114(d)” for “section 1114(c)” wherever appearing.
Subsec. (a)(6). Pub. L. 106–424, § 5(c)(1)(D), which directed the amendment of this section by adding par. (6) at the end, was executed by adding par. (6) at the end of subsec. (a) to reflect the probable intent of Congress.

§ 1155. Aviation penalties(a) Civil Penalty.—(1) A person violating section 1132, section 1134(b), section 1134(f)(1), or section 1136(g) (related to an aircraft accident) of this title or a regulation prescribed or order issued under any 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 appropriate military authorities are responsible for taking necessary disciplinary 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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 758; Pub. L. 104–264, title VII, § 702(b), Oct. 9, 1996, 110 Stat. 3267.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

1155(a)(1), (2)49 App.:1471(a)(1) (related to subchapter VII).Aug. 23, 1958, Pub. L. 85–726, § 901(a)(1) (related to title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, § 107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, § 113(b), 88 Stat. 2162.
 49 App.:1655(d) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
 49 App.:1903(a)(1)(A).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.
1155(a)(3), (4)49 App.:1471(a)(2) (related to subchapter VII).Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to title VII), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740.
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
1155(a)(5)49 App.:1473(b)(1).Aug. 23, 1958, Pub. L. 85–726, § 903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, § 36, 92 Stat. 1741.
 49 App.:1473(b)(4).Aug. 23, 1958, Pub. L. 85–726, § 903(b)(4), 72 Stat. 787.
 49 App.:1655(d) (1st sentence).
 49 App.:1903(a)(1)(A).
1155(b)49 App.:1472(p).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(p); added Oct. 15, 1962, Pub. L. 87–810, § 4, 76 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, § 103(b), 88 Stat. 410; Dec. 30, 1987, Pub. L. 100–223, § 204(e), 101 Stat. 1520.

In subsection (a)(1), the words “section 1132 or 1134(b) or (f)(1) (related to an aircraft accident) of this title” are substituted for “any provision of subchapter . . . VII . . . of this chapter” in 49 App.:1471(a)(1) because those sections restate the relevant source provisions of 49 App.:ch. 20 carried out by the Board. The words “regulation prescribed or order issued under either of those sections” are substituted for “rule, regulation, or order issued thereunder” for clarity and consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous. The words “liable to the United States Government” are substituted for “subject to” for clarity. The words “for each such violation” are omitted as unnecessary because of 18:1.
In subsection (a)(2), the word “civilian” is omitted as unnecessary. The words “with respect thereto” are omitted as surplus.
In subsection (a)(4), the words “imposed or compromised” are substituted for “finally determined or fixed by order of the Board, or the amount agreed upon in compromise” in 49 App.:1471(a)(2) for consistency and to eliminate unnecessary words.
In subsection (a)(5), the words “imposed or assessed” are omitted as surplus. The words “civil action against the person” are substituted for “proceedings in personam against the person” in 49 App.:1473(b)(1) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last sentence) is omitted as unnecessary because penalties imposed by the National Transportation Safety Board do not involve liens on aircraft. The text of 49 App.:1473(b)(4) is omitted as unnecessary because of 28:ch. 131.

References in TextThe Uniform Code of Military Justice, referred to in subsec. (a)(2), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.

Prior ProvisionsPrior chapter 31 (§§ 3101–3104) of subtitle II redesignated and restated as chapter 315 (§§ 31501–31504) of subtitle VI of this title by Pub. L. 103–272, § 1(c), (e).

Amendments1996—Subsec. (a)(1). Pub. L. 104–264 substituted “, section 1134(b), section 1134(f)(1), or section 1136(g)” for “or 1134(b) or (f)(1)” and “any of” for “either of”.

Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

CHAPTER 13—SURFACE TRANSPORTATION BOARD

I—ESTABLISHMENT 11 So in original. Does not conform to subchapter heading since word “SUBCHAPTER” does not appear.

Sec.

1301.Establishment of Board

1302.Functions.

1303.Administrative provisions.

1304.Reports.

1305.Authorization of appropriations.

1306.Reporting official action.

II—ADMINISTRATIVE 1

1321.Powers.

1322.Board action.

1323.Service of notice in Board proceedings.

1324.Service of process in court proceedings.

1325.Railroad-Shipper Transportation Advisory Council.

1326.Authority of the Inspector General.

Amendments

2015—Pub. L. 114–110, §§ 3(a)(1), (2), 10, Dec. 18, 2015, 129 Stat. 2228, 2233, renumbered chapter 7 of this title as this chapter and amended analysis generally, substituting items 1301 to 1306 and 1321 to 1326 for former items 701 to 706 and 721 to 727, respectively.

SUBCHAPTER I—ESTABLISHMENT
§ 1301. Establishment of Board(a) Establishment.—The Surface Transportation Board is an independent establishment of the United States Government.

(b) Membership.—(1) The Board shall consist of 5 members, to be 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.

(2) At all times—(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and

(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.

(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be 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, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.

(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.

(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.

(6) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.

(c) Chairman.—(1) There shall be at the head of the Board a Chairman, who shall be designated by the President from among the members of the Board. The Chairman shall receive compensation at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5.

(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall—(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;

(B) appoint the heads of offices with the approval of the Board;

(C) distribute Board business among officers and employees and offices of the Board;

(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and

(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 932, § 701; amended Pub. L. 104–287, § 5(5), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1301 and amended Pub. L. 114–110, §§ 3(a)(3), (b), 4, Dec. 18, 2015, 129 Stat. 2228, 2229.)

Amendments2015—Pub. L. 114–110, § 3(a)(3), renumbered section 701 of this title as this section.
Subsec. (a). Pub. L. 114–110, § 3(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “There is hereby established within the Department of Transportation the Surface Transportation Board.”
Subsec. (b)(1). Pub. L. 114–110, § 4(a)(1), substituted “5 members” for “3 members” and “3 members” for “2 members”.
Subsec. (b)(2). Pub. L. 114–110, § 4(a)(2), added par. (2) and struck out former par. (2) which read as follows: “At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual with professional or business experience (including agriculture) in the private sector.”
Subsec. (b)(4). Pub. L. 114–110, § 4(b)(3), struck out “who becomes a member of the Board pursuant to paragraph (4), or an individual” after “In the case of an individual”.
Pub. L. 114–110, § 4(b)(1), (2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on December 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3).”
Subsec. (b)(5), (6). Pub. L. 114–110, § 4(b)(2), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).
1996—Subsec. (b)(4). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section” and “December 29, 1995,” for “the date of the enactment of the ICC Termination Act of 1995”.

Effective DatePub. L. 104–88, § 2, Dec. 29, 1995, 109 Stat. 804, provided that: “Except as otherwise provided in this Act [see Tables for classification], this Act shall take effect on January 1, 1996.”

Savings ProvisionPub. L. 104–88, title II, § 204, Dec. 29, 1995, 109 Stat. 941, provided that:
“(a) Legal Documents.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges—“(1) that have been issued, made, granted, or allowed to become effective by the Interstate Commerce Commission, any officer or employee of the Interstate Commerce Commission, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act [see Tables for classification] or the amendments made by this Act; and

“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Board [Surface Transportation Board], any other authorized official, a court of competent jurisdiction, or operation of law. The Board shall promptly rescind all regulations established by the Interstate Commerce Commission that are based on provisions of law repealed and not substantively reenacted by this Act.

“(b) Proceedings.—(1) The provisions of this Act shall not affect any proceedings or any application for any license pending before the Interstate Commerce Commission at the time this Act takes effect [see Effective Date note above], insofar as those functions are retained and transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

“(2) The Board and the Secretary are authorized to provide for the orderly transfer of pending proceedings from the Interstate Commerce Commission.

“(3)(A) Except as provided in subparagraphs (B) and (C), in the case of a proceeding under a provision of law repeal [repealed], and not reenacted, by this Act such proceeding shall be terminated.

“(B) Any proceeding involving a pipeline carrier under subtitle IV of title 49, United States Code, shall be continued to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section [see Effective Date note above], until completion of such proceeding.

“(C) Any proceeding involving the merger of a motor carrier property under subtitle IV of title 49, United States Code, shall continue to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section, until completion of such proceeding.

“(4) Any proceeding with respect to any tariff, rate charge, classification, rule, regulation, or service that was pending under the Intercoastal Shipping Act, 1933 [former 46 U.S.C. App. 843 et seq.] or the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of Title 46, Shipping] before the Federal Maritime Commission on November 1, 1995, shall continue to be heard until completion or issuance of a final order thereon under all applicable laws in effect as of November 1, 1995.

“(c) Suits.—(1) This Act shall not affect suits commenced before the date of the enactment of this Act [Dec. 29, 1995], except as provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

“(2) Any suit by or against the Interstate Commerce Commission begun before the effective date of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Board (to the extent the suit involves functions transferred to the Board under this Act) or the Secretary (to the extent the suit involves functions transferred to the Secretary under this Act) substituted for the Commission.

“(3) If the court in a suit described in paragraph (1) remands a case to the Board or the Secretary, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.

“(d) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Interstate Commerce Commission shall abate by reason of the enactment of this Act. No cause of action by or against the Interstate Commerce Commission, or by or against any officer thereof in his official capacity, shall abate by reason of enactment of this Act.

“(e) Exercise of Authorities.—Except as otherwise provided by law, an officer or employee of the Board may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act or the amendments made by this Act.”

ConstructionPub. L. 114–110, § 17, Dec. 18, 2015, 129 Stat. 2238, provided that: “Nothing in this Act [see Tables for classification] may be construed to affect any suit commenced by or against the Surface Transportation Board, or any proceeding or challenge pending before the Surface Transportation Board, before the date of the enactment of this Act [Dec. 18, 2015].”

Abolition of Interstate Commerce Commission
Pub. L. 104–88, title I, § 101, Dec. 29, 1995, 109 Stat. 804, provided that: “The Interstate Commerce Commission is abolished.”

Organization of Functions of Surface Transportation BoardPub. L. 104–88, title II, § 202, Dec. 29, 1995, 109 Stat. 940, provided that: “The Chairman of the Surface Transportation Board (in this Act [see Tables for classification] referred to as the ‘Board’) may allocate or reallocate any function of the Board, consistent with this title [see Tables for classification] and [former] subchapter I of chapter 7 [now 49 U.S.C. 1301 et seq.], as amended by section 201 of this title, among the members or employees of the Board, and may establish, consolidate, alter, or discontinue in the Board any organizational entities that were entities of the Interstate Commerce Commission, as the Chairman considers necessary or appropriate.”

Transfer of Assets and PersonnelPub. L. 104–88, title II, § 203, Dec. 29, 1995, 109 Stat. 941, provided that:
“(a) To Board.—Except as otherwise provided in this Act [see Tables for classification] and the amendments made by this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Board [Surface Transportation Board] by this Act shall be transferred to the Board for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds of the Interstate Commerce Commission shall also be transferred to the Board. Such unexpended balances, allocations, and other funds, together with any unobligated balances from user fees collected by the Commission during fiscal year 1996, may be used to pay for the closedown of the Commission and severance costs for Commission personnel, regardless of whether those costs are incurred at the Commission or at the Board.

“(b) To Secretary.—Except as otherwise provided in this Act and the amendments made by this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Secretary by this Act shall be transferred to the Secretary for use in connection with the functions transferred.

“(c) Separated Employees.—Notwithstanding all other laws and regulations, the Department of Transportation shall place all Interstate Commerce Commission employees separated from the Commission as a result of this Act on the DOT reemployment priority list (competitive service) or the priority employment list (excepted service).”

References to Interstate Commerce Commission Deemed To Be References to Surface Transportation BoardPub. L. 104–88, title II, § 205, Dec. 29, 1995, 109 Stat. 943, provided that: “Any reference to the Interstate Commerce Commission in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Interstate Commerce Commission or an officer or employee of the Interstate Commerce Commission, is deemed to refer to the Board [Surface Transportation Board], a member or employee of the Board, or the Secretary, as appropriate.”

Information Security ImprovementPub. L. 115–269, Oct. 16, 2018, 132 Stat. 3763, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘STB Information Security Improvement Act’.

“SEC. 2. REQUIREMENTS.“(a) In General.—The Surface Transportation Board (in this section referred to as the ‘STB’) shall develop a timeline and plan to implement the recommendations of the Inspector General of the Department of Transportation in Report No. FI2018002, including improvements—“(1) to identify controls, including risk management, weakness remediation, and security authorization;

“(2) to protect controls, including configuration management, user identity and access management, and security training;

“(3) to detect controls, including continuous monitoring;

“(4) to respond [to] controls, including incident handling and reporting;

“(5) to recover controls for contingency planning; and

“(6) [sic] any additional tools that will improve the implementation of the recommendations.

“(b) Implementation.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 16, 2018], the STB shall submit the plan and timeline developed under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce of the Senate.

“(2) Report.—The STB shall report annually to such Committees on the progress on implementation of the recommendations until the implementation is complete.

“(3) Plan implementation.—The STB shall designate an individual to implement the plan developed under subsection (a).

“SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.“No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.”

§ 1302. Functions
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 933, § 702; amended Pub. L. 104–287, § 5(6), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1302, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)

References in TextThe ICC Termination Act of 1995, referred to in text, is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.

Amendments2015—Pub. L. 114–110 renumbered section 702 of this title as this section.
1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of such Act”.

Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§ 1303. Administrative provisions(a) Open Meetings.—(1) In general.—The Board shall be deemed to be an agency for purposes of section 552b of title 5.

(2) Nonpublic collaborative discussions.—(A) In general.—Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if—(i) no formal or informal vote or other official agency action is taken at the meeting;

(ii) each individual present at the meeting is a member or an employee of the Board; and

(iii) the General Counsel of the Board is present at the meeting.

(B) Disclosure of nonpublic collaborative discussions.—Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public—(i) a list of the individuals present at the meeting; and

(ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be withheld from the public under section 552b(c) of title 5.

(C) Summary.—If the Board properly determines matters may be withheld from the public under section 555b(c) of title 5, the Board shall provide a summary with as much general information as possible on those matters withheld from the public.

(D) Ongoing proceedings.—If a discussion under subparagraph (A) directly relates to an ongoing proceeding before the Board, the Board shall make the disclosure under subparagraph (B) on the date of the final Board decision.

(E) Preservation of open meetings requirements for agency action.—Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph.

(F) Statutory construction.—Nothing in this paragraph may be construed—(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or

(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.

(b) Representation by Attorneys.—Attorneys designated by the Chairman of the Board may appear for, and represent the Board in, any civil action brought in connection with any function carried out by the Board pursuant to this chapter or subtitle IV or as otherwise authorized by law.

(c) Admission To Practice.—Subject to section 500 of title 5, the Board may regulate the admission of individuals to practice before it and may impose a reasonable admission fee.

(d) Submission of Certain Documents to Congress.—(1) In general.—If the Board submits any budget estimate, budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for a congressional hearing, or comment on legislation to the President or to the Office of Management and Budget, the Board shall concurrently submit a copy of such document to—(A) the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Transportation and Infrastructure of the House of Representatives.

(2) No approval required.—No officer or agency of the United States has any authority to require the Board to submit budget estimates or requests, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review before submitting such recommendations, testimony, or comments to Congress.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 703; renumbered § 1303 and amended Pub. L. 114–110, §§ 3(a)(3), (c)(1), 5, Dec. 18, 2015, 129 Stat. 2228–2230.)

Amendments2015—Pub. L. 114–110, § 3(a)(3), renumbered section 703 of this title as this section.
Subsec. (a). Pub. L. 114–110, § 5, amended subsec. (a) generally. Prior to amendment, text read as follows: “For purposes of section 552b of title 5, United States Code, the Board shall be deemed to be an agency.”
Pub. L. 114–110, § 3(c)(1)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Chapter 9 of title 5, United States Code, shall apply to the Board in the same manner as it does to an independent regulatory agency, and the Board shall be an establishment of the United States Government.”
Subsec. (b). Pub. L. 114–110, § 3(c)(1)(B), redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 114–110, § 3(c)(1)(A), (B), redesignated subsec. (e) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “In the performance of their functions, the members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department of Transportation.”
Subsec. (d). Pub. L. 114–110, § 3(c)(1)(C), added subsec. (d). Former subsec. (d) redesignated (b).
Subsec. (e). Pub. L. 114–110, § 3(c)(1)(B), redesignated subsec. (e) as (c).
Subsecs. (f), (g). Pub. L. 114–110, § 3(c)(1)(A), struck out subsecs. (f) and (g) which read as follows:
“(f) Budget Requests.—In each annual request for appropriations by the President, the Secretary of Transportation shall identify the portion thereof intended for the support of the Board and include a statement by the Board—
“(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and
“(2) an assessment of the budgetary needs of the Board.
“(g) Direct Transmittal to Congress.—The Board shall transmit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the Secretary of Transportation. An officer of an agency may not impose conditions on or impair communications by the Board with Congress, or a committee or Member of Congress, about the information.”

§ 1304. Reports(a) Annual Report.—The Board shall annually transmit to the Congress a report on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.

(b) Rate Case Review Metrics.—(1) Quarterly reports.—The Board shall post a quarterly report of rail rate review cases pending or completed by the Board during the previous quarter that includes—(A) summary information of the case, including the docket number, case name, commodity or commodities involved, and rate review guideline or guidelines used;

(B) the date on which the rate review proceeding began;

(C) the date for the completion of discovery;

(D) the date for the completion of the evidentiary record;

(E) the date for the submission of closing briefs;

(F) the date on which the Board issued the final decision; and

(G) a brief summary of the final decision;

(2) Website posting.—Each quarterly report shall be posted on the Board’s public website.

(c) Complaints.—(1) In general.—The Board shall establish and maintain a database of complaints received by the Board.

(2) Quarterly reports.—The Board shall post a quarterly report of formal and informal service complaints received by the Board during the previous quarter that includes—(A) the date on which the complaint was received by the Board;

(B) a list of the type of each complaint;

(C) the geographic region of each complaint; and

(D) the resolution of each complaint, if appropriate.

(3) Written consent.—The quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant.

(4) Website posting.—Each quarterly report shall be posted on the Board’s public website.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 704; renumbered § 1304 and amended Pub. L. 114–110, §§ 3(a)(3), 6, Dec. 18, 2015, 129 Stat. 2228, 2231.)

Amendments2015—Pub. L. 114–110, § 6, substituted “Reports” for “Annual report” in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.” for “on its activities.”, and added subsecs. (b) and (c).
Pub. L. 114–110, § 3(a)(3), renumbered section 704 of this title as this section.

Quarterly ReportsPub. L. 114–110, § 15(b), Dec. 18, 2015, 129 Stat. 2238, provided that: “Beginning not later than 60 days after the date of the enactment of this Act [Dec. 18, 2015], the Surface Transportation Board shall submit quarterly reports to the congressional committees referred to in section 14(b) [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that describes the Surface Transportation Board’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.”

§ 1305. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—(1) $33,000,000 for fiscal year 2016;

(2) $35,000,000 for fiscal year 2017;

(3) $35,500,000 for fiscal year 2018;

(4) $35,500,000 for fiscal year 2019; and

(5) $36,000,000 for fiscal year 2020.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 705; renumbered § 1305 and amended Pub. L. 114–110, §§ 3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)

Amendments2015—Pub. L. 114–110, § 3(a)(3), renumbered section 705 of this title as this section.
Pars. (1) to (5). Pub. L. 114–110, § 7, added pars. (1) to (5) and struck out former pars. (1) to (3) which related to appropriations for fiscal years 1996, 1997, and 1998, respectively.

§ 1306. Reporting official action(a) Reports on Proceedings.—The Board shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents.

(b) Special Rules for Matters Related to Rail Carriers.—(1) When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate—(A) the official designation of the individual or group taking the action;

(B) the name of each individual taking, or participating in taking, the action; and

(C) the vote or position of each participating individual.

(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 706; renumbered § 1306, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)

Amendments2015—Pub. L. 114–110 renumbered section 706 of this title as this section.

SUBCHAPTER II—ADMINISTRATIVE
§ 1321. Powers(a) In General.—The Board shall carry out this chapter and subtitle IV. Enumeration of a power of the Board in this chapter or subtitle IV does not exclude another power the Board may have in carrying out this chapter or subtitle IV. The Board may prescribe regulations in carrying out this chapter and subtitle IV.

(b) Inquiries, Reports, and Orders.—The Board may—(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;

(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;

(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and

(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.

(c) Subpoena Witnesses.—(1) The Board may subpoena witnesses and records related to a proceeding of the Board from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Board, or a party to a proceeding before the Board, may petition a court of the United States to enforce that subpoena.

(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.

(d) Depositions.—(1) In a proceeding, the Board may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Board may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.

(2) If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.

(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.

(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.

(5) The testimony of a person deposed under this subsection shall be taken 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.

(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.

(e) Witness Fees.—Each witness summoned before the Board or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 935, § 721; renumbered § 1321, Pub. L. 114–110, § 3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)

Amendments2015—Pub. L. 114–110 renumbered section 721 of this title as this section.

§ 1322. Board action(a) Effective Date of Actions.—Unless otherwise provided in subtitle IV, the Board may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect.

(b) Terminating and Changing Actions.—An action of the Board remains in effect under its own terms or until superseded. The Board may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Board. A court of competent jurisdiction may suspend or set aside any such action.

(c) Reconsidering Actions.—The Board may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances—(1) reopen a proceeding;

(2) grant rehearing, reargument, or reconsideration of an action of the Board; or

(3) change an action of the Board.

An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.

(d) Finality of Actions.—Notwithstanding subtitle IV, an action of the Board under this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 936, § 722; renumbered § 1322, Pub. L. 114–110, § 3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)

Amendments2015—Pub. L. 114–110 renumbered section 722 of this title as this section.

§ 1323. Service of notice in Board proceedings(a) Designation of Agent.—A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent on whom service of notices in a proceeding before, and of actions of, the Board may be made.

(b) Filing and Changing Designations.—A designation under subsection (a) shall be in writing and filed with the Board. The designation may be changed at any time in the same manner as originally made.

(c) Service of Notice.—Except as otherwise provided, notices of the Board shall be served on its designated agent at the office or usual place of residence of that agent. A notice of action of the Board shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.

(d) Special Rule for Rail Carriers.—In a proceeding involving the lawfulness of classifications, rates, or practices of a rail carrier that has not designated an agent under this section, service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, § 723; renumbered § 1323 and amended Pub. L. 114–110, §§ 3(a)(5), 8(a), Dec. 18, 2015, 129 Stat. 2228, 2232.)

Amendments2015—Pub. L. 114–110, § 3(a)(3), renumbered section 723 of this title as this section.
Subsec. (a). Pub. L. 114–110, § 8(a)(1), struck out “in the District of Columbia,” after “designate an agent”.
Subsec. (c). Pub. L. 114–110, § 8(a)(2), struck out “in the District of Columbia” after “ usual place of residence”.

§ 1324. Service of process in court proceedings(a) Designation of Agent.—A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent on whom service of process in an action before a district court may be made. Except as otherwise provided, process in an action before a district court shall be served on the designated agent of that carrier at the office or usual place of residence of that agent. If the carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.

(b) Changing Designation.—A designation under this section may be changed at any time in the same manner as originally made.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, § 724; renumbered § 1324 and amended Pub. L. 114–110, §§ 3(a)(5), 8(b), Dec. 18, 2015, 129 Stat. 2228, 2232.)

Amendments2015—Pub. L. 114–110, § 3(a)(3), renumbered section 724 of this title as this section.
Subsec. (a). Pub. L. 114–110, § 8(b), struck out “in the District of Columbia” after “designate an agent” and “usual place of residence”.

§ 1325. Railroad-Shipper Transportation Advisory Council(a) Establishment; Membership.—There is established the Railroad-Shipper Transportation Advisory Council (in this section referred to as the “Council”) to be composed of 19 members, of which 15 members shall be appointed by the Chairman of the Board, after recommendation from rail carriers and shippers, within 60 days after December 29, 1995. The members of the Council shall be appointed as follows:(1) The members of the Council shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of the various segments of the railroad and rail shipper industries.

(2) Nine of the members shall be appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries, which 9 members shall be the voting members of the Council. Council action and Council positions shall be determined by a majority vote of the members present. A majority of such voting members shall constitute a quorum. Of such 9 voting members—(A) at least 4 shall be representative of small shippers (as determined by the Chairman); and

(B) at least 4 shall be representative of Class II or III railroads.

(3) The remaining 6 members of the Council shall serve in a nonvoting advisory capacity only, but shall be entitled to participate in Council deliberations. Of the remaining members—(A) 3 shall be representative of Class I railroads; and

(B) 3 shall be representative of large shipper organizations (as determined by the Chairman).

(4) The Secretary of Transportation and the members of the Board shall serve as ex officio, nonvoting members of the Council. The Council shall not be subject to the Federal Advisory Committee Act. A list of the members appointed to the Council shall be forwarded to the Chairmen and ranking members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(5) Each ex officio member of the Council may designate an alternate, who shall serve as a member of the Council whenever the ex officio member is unable to attend a meeting of the Council. Any such designated alternate shall be selected from individuals who exercise significant decision-making authority in the Federal agency involved.

(b) Term of Office.—The members of the Council shall be appointed for a term of office of 3 years, except that of the members first appointed—(1) 5 members shall be appointed for terms of 1 year; and

(2) 5 members shall be appointed for terms of 2 years,

as designated by the Chairman at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were made. No member of the Council shall be eligible to serve in excess of two consecutive terms.

(c) Election and Duties of Officers.—The Council Chairman and Vice Chairman and other appropriate officers of the Council shall be elected by and from the voting members of the Council. The Council Chairman shall serve as the Council’s executive officer and shall direct the administration of the Council, assign officer and committee duties, and shall be responsible for issuing and communicating the reports, policy positions and statements of the Council. In the event that the Council Chairman is unable to serve, the Vice Chairman shall act as Council Chairman.

(d) Expenses.—(1) The members of the Council shall receive no compensation for their services as such, but upon request by the Council Chairman, based on a showing of significant economic burden, the Secretary of Transportation or the Chairman of the Board, to the extent provided in advance in appropriation Acts, may provide reasonable and necessary travel expenses for such individual Council members from Department or Board funding sources in order to foster balanced representation on the Council.

(2) Upon request by the Council Chairman, the Secretary or Chairman of the Board, to the extent provided in advance in appropriations Acts, may pay the reasonable and necessary expenses incurred by the Council in connection with the coordination of Council activities, announcement and reporting of meetings, and preparation of such Council documents as are required or permitted by this section.

(3) The Council may solicit and use private funding for its activities, subject to this subsection.

(4) Prior to making any Federal funding requests, the Council Chairman shall undertake best efforts to fund such activities privately unless the Council Chairman determines that such private funding would create a conflict of interest, or the appearance thereof, or is otherwise impractical. The Council Chairman shall not request funding from any Federal agency without providing written justification as to why private funding would create any such conflict or appearance, or is otherwise impractical.

(5) To enable the Council to carry out its functions—(A) the Council Chairman may request directly from any Federal agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as the Council Chairman determines necessary to carry out the functions of the Council;

(B) each Federal agency may, in its discretion, furnish the Council with such information, services, and facilities as the Council Chairman may request to the extent permitted by law and within the limits of available funds; and

(C) each Federal agency may, in its discretion, detail to temporary duty with the Council, such personnel as the Council Chairman may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status.

(e) Meetings.—The Council shall meet at least semi-annually and shall hold other meetings at the call of the Council Chairman. Appropriate Federal facilities, where available, may be used for such meetings. Whenever the Council, or a committee of the Council, considers matters that affect the jurisdictional interests of Federal agencies that are not represented on the Council, the Council Chairman may invite the heads of such agencies, or their designees, to participate in the deliberations of the Council.

(f) Functions and Duties; Annual Report.—(1) The Council shall advise the Secretary, the Chairman, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives with respect to rail transportation policy issues it considers significant, with particular attention to issues of importance to small shippers and small railroads, including car supply, rates, competition, and effective procedures for addressing legitimate shipper and other claims.

(2) To the extent the Council addresses specific grain car issues, it shall coordinate such activities with the National Grain Car Council. The Secretary and Chairman shall cooperate with the Council to provide research, technical and other reasonable support in developing any reports and policy statements required or authorized by this subsection.

(3) The Council shall endeavor to develop within the private sector mechanisms to prevent, or identify and effectively address, obstacles to the most effective and efficient transportation system practicable.

(4) The Council shall prepare an annual report concerning its activities and the results of Council efforts to resolve industry issues, and propose whatever regulatory or legislative relief it considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with respect to the performance of the Secretary and Chairman under this chapter, and with respect to the operation and effectiveness of meetings and industry developments relating to the Council’s efforts, and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and Chairman, and shall include the Secretary’s and Chairman’s views or comments relating to—(A) the accuracy of information therein;

(B) Council efforts and reasonableness of Council positions and actions; and

(C) any other aspects of the Council’s work as they may consider appropriate.

The Council may prepare other reports or develop policy statements as the Council considers appropriate. An annual report shall be submitted for each fiscal year and shall be submitted to the Secretary and Chairman within 90 days after the end of the fiscal year. Other such reports and statements may be submitted as the Council considers appropriate.

(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, § 726; amended Pub. L. 104–287, § 5(7), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1325, Pub. L. 114–110, § 3(a)(6), Dec. 18, 2015, 129 Stat. 2229.)

References in TextThe Federal Advisory Committee Act, referred to in subsec. (a)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments2015—Pub. L. 114–110 renumbered section 726 of this title as this section.
1996—Subsec. (a). Pub. L. 104–287 substituted “December 29, 1995” for “the date of enactment of the ICC Termination Act of 1995” in introductory provisions.

§ 1326. Authority of the Inspector General(a) In General.—The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the Surface Transportation Board, including internal accounting and administrative control systems, to determine the Board’s compliance with applicable Federal laws, rules, and regulations.

(b) Duties.—In carrying out this section, the Inspector General shall—(1) keep the Chairman of the Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;

(2) issue findings and recommendations for actions to address the problems referred to in paragraph (1); and

(3) submit periodic reports to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that describe any progress made in implementing actions to address the problems referred to in paragraph (1).

(c) Access to Information.—In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).

(d) Authorization of Appropriations.—(1) Funding.—There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.

(2) Reimbursable agreement.—In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursement agreement to cover such expense.

(Added Pub. L. 114–110, § 9, Dec. 18, 2015, 129 Stat. 2232.)

References in TextSection 6 of the Inspector General Act of 1978, referred to in subsec. (c), is section 6 of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.

SUBTITLE III—GENERAL AND INTERMODAL PROGRAMS

Chapter

Sec.

51.Transportation of Hazardous Material5101

53.Public Transportation5301

55.Intermodal Transportation5501

57.Sanitary Food Transportation5701

59.Intermodal Safe Container Transportation5901

61.One-Call Notification Programs6101

63.Bureau of Transportation Statistics 11 So in original. Two items for chapter 63 have been enacted.

63.Bureau of Transportation Statistics6301 1

65.Research planning6501

Amendments2015—Pub. L. 114–94, div. A, title VI, § 6019(c), Dec. 4, 2015, 129 Stat. 1581, added items for chapters 63 and 65.
2012—Pub. L. 112–141, div. E, title II, § 52011(c)(2), July 6, 2012, 126 Stat. 895, added item for chapter 63.
2005—Pub. L. 109–59, title III, § 3002(c), Aug. 10, 2005, 119 Stat. 1545, substituted “Public” for “Mass” in item for chapter 53.
1998—Pub. L. 105–178, title VII, § 7302(b), June 9, 1998, 112 Stat. 482, added item for chapter 61.

CHAPTER 51—TRANSPORTATION OF HAZARDOUS MATERIAL

Sec.

5101.Purpose.

5102.Definitions.

5103.General regulatory authority.

5103a.Limitation on issuance of hazmat licenses.

5104.Representation and tampering.

5105.Transporting certain highly 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.Repealed.]

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.Special permits and exclusions.

5118.Hazardous material technical assessment, research and development, and analysis program.

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.Judicial review.

5128.Authorization of appropriations.

Amendments2012—Pub. L. 112–141, div. C, title III, § 33007(b), July 6, 2012, 126 Stat. 836, added item 5118.
2005—Pub. L. 109–59, title VII, §§ 7111, 7115(a)(2), (h), 7123(c), Aug. 10, 2005, 119 Stat. 1899, 1901, 1908, struck out item 5111 “Rail tank cars”, substituted “Special permits and exclusions” for “Exemptions and exclusions” in item 5117, struck out item 5118 “Inspectors”, added items 5127 and 5128, and struck out former item 5127 “Authorization of appropriations”.
2001—Pub. L. 107–56, title X, § 1012(a)(2), Oct. 26, 2001, 115 Stat. 397, added item 5103a.

§ 5101. Purpose
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759; Pub. L. 109–59, title VII, § 7101(b), Aug. 10, 2005, 119 Stat. 1891.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

510149 App.:1801.Jan. 3, 1975, Pub. L. 93–633, § 102, 88 Stat. 2156.

The words “It is declared to be the policy of Congress”, “the Nation”, and “which are” are omitted as surplus.

Amendments2005—Pub. L. 109–59 substituted “The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce” for “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”.

Short Title of 2015 AmendmentPub. L. 114–94, div. A, title III, § 3001, Dec. 4, 2015, 129 Stat. 1446, provided that: “This title [amending sections 5302 to 5304, 5307, 5309 to 5312, 5314, 5315, 5323, 5325, 5327, 5329, 5336 to 5340, and 10501 of this title and sections 5313 and 5314 of Title 5, Government Organization and Employees, repealing sections 5313, 5319, and 5322 of this title, enacting provisions set out as notes under 5309, 5310, 5325, 5329, 5338 of this title, section 5313 of Title 5, and section 12143 of Title 42, The Public Health and Welfare, amending provisions set out as a note under sections 5303 of this title, and repealing provisions set out as a note under section 5309 of this title] may be cited as the ‘Federal Public Transportation Act of 2015’.”

Pub. L. 114–94, div. A, title VII, § 7001, Dec. 4, 2015, 129 Stat. 1588, provided that: “This title [amending sections 5103, 5107 to 5109, 5116, 5117, 5121, and 5128 of this title and enacting provisions set out as notes under sections 5103, 5116, 20103, 20141, 20155, and 31305 of this title] may be cited as the ‘Hazardous Materials Transportation Safety Improvement Act of 2015’.”

Short Title of 2012 AmendmentPub. L. 112–141, div. B, § 20001, July 6, 2012, 126 Stat. 622, provided that: “This division [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2012’.”

Pub. L. 112–141, div. C, title III, § 33001, July 6, 2012, 126 Stat. 832, provided that: “This title [see Tables for classification] may be cited as the ‘Hazardous Materials Transportation Safety Improvement Act of 2012’.”

Short Title of 2005 AmendmentPub. L. 109–59, title III, § 3001, Aug. 10, 2005, 119 Stat. 1544, provided that: “This title [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2005’.”

Pub. L. 109–59, title VII, § 7001, Aug. 10, 2005, 119 Stat. 1891, provided that: “This title [see Tables for classification] may be cited as the ‘Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005’.”

Short Title of 1998 AmendmentPub. L. 105–178, title III, § 3001, June 9, 1998, 112 Stat. 338, provided that: “This title [amending sections 5302 to 5305, 5307 to 5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title and enacting provisions set out as notes under sections 301, 5301, 5307 to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of Title 23, Highways] may be cited as the ‘Federal Transit Act of 1998’.”

Short Title of 1996 AmendmentPub. L. 104–291, title II, § 201, Oct. 11, 1996, 110 Stat. 3453, provided that: “This title [enacting section 5908 of this title and amending sections 5901 to 5903 and 5905 to 5907 of this title] may be cited as the ‘Intermodal Safe Container Transportation Amendments Act of 1996’.”

Short Title of 1994 AmendmentPub. L. 103–311, title I, § 101, Aug. 26, 1994, 108 Stat. 1673, provided that: “This title [amending sections 5102 to 5104, 5107, 5108, 5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting provisions set out as notes under this section, sections 5103, 5112, and 5121 of this title, and section 307 of Title 23, Highways] may be cited as the ‘Hazardous Materials Transportation Authorization Act of 1994’.”

Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.

FindingsPub. L. 109–59, title VII, § 7101(a), Aug. 10, 2005, 119 Stat. 1891, provided that:
“Congress finds with respect to hazardous materials transportation that—
“(1) approximately 4,000,000,000 tons of regulated hazardous materials are transported each year and approximately 1,200,000 movements of hazardous materials occur each day, according to Department of Transportation estimates;

“(2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and meet consumer demands and must be conducted in a safe, secure, and efficient manner;

“(3) accidents involving, or unauthorized access to, hazardous materials in transportation may result in a release of such materials and pose a serious threat to public health and safety;

“(4) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and desirable; and

“(5) in order to provide reasonable, adequate, and cost-effective protection from the risks posed by the transportation of hazardous materials, a network of well-trained State and local emergency response personnel and hazmat employees is essential.”

Buy AmericanPub. L. 103–311, title I, § 123, Aug. 26, 1994, 108 Stat. 1682, provided that:
“(a) Compliance With Buy American Act.—None of the funds made available under this title [see Short Title of 1994 Amendment note above] may be expended in violation of sections 2 through 4 of the Act of March 3, 1933 ([former] 41 U.S.C. 10a–10c; popularly known as the ‘Buy American Act’ [see 41 U.S.C. 8301 et seq.]), which are applicable to those funds.

“(b) Sense of Congress; Requirement Regarding Notice.—“(1) In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this title, it is the sense of Congress that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products.

“(2) In providing financial assistance under this title, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.

“(c) Prohibition of Contracts.—If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this title, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

“(d) Reciprocity.—“(1) Except as provided in paragraph (2), no contract or subcontract may be made with funds authorized under this title to a company organized under the laws of a foreign country unless the Secretary of Transportation finds that such country affords comparable opportunities to companies organized under laws of the United States.

“(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or services required are not reasonably available from companies organized under the laws of the United States. Any such waiver shall be reported to Congress.

“(B) Paragraph (1) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or any other international agreement to which the United States is a party.”

“Secretary” Defined
Pub. L. 112–141, div. C, title III, § 33002, July 6, 2012, 126 Stat. 832, provided that: “In this title [see Tables for classification], the term ‘Secretary’ means the Secretary of Transportation.”

§ 5102. Definitions
In this chapter—(1) “commerce” means trade or transportation in the jurisdiction of the United States—(A) between a place in a State and a place outside of the State;

(B) that affects trade or transportation between a place in a State and a place outside of the State; or

(C) on a United States-registered aircraft.

(2) “hazardous material” means a substance or material the Secretary designates under section 5103(a) of this title.

(3) “hazmat employee”—(A) means an individual—(i) who—(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or

(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and

(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and

(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment—(i) loads, unloads, or handles hazardous material;

(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;

(iii) prepares hazardous material for transportation;

(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—(i) who—(I) employs or uses at least 1 hazmat employee on a full time, part time, or temporary basis; or

(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and

(ii) who—(I) transports hazardous material in commerce;

(II) causes hazardous material to be transported in commerce; or

(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; and

(B) 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, carrying out an activity described in clause (ii).

(5) “imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, 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).11 See References in Text note below.

(7) “motor carrier”—(A) means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102; but

(B) does not include a freight forwarder, as so defined, if the freight forwarder is not performing a function relating to highway transportation.

(8) “National Response Team” means the National Response Team established under the National Contingency Plan established 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 that—(i) offers hazardous material for transportation in commerce;

(ii) transports hazardous material to further a commercial enterprise; or

(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; but

(B) does not include—(i) the United States Postal Service; and

(ii) in sections 5123 and 5124 of this title, a department, 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 the course of employment 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) “Secretary” means the Secretary of Transportation except as otherwise provided.

(12) “State” means—(A) except in section 5119 of this title, 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 designated by the Secretary; and

(B) in section 5119 of this title, a State of the United States and the District of Columbia.

(13) “transports” or “transportation” means the movement of property and loading, unloading, or storage incidental to the movement.

(14) “United States” means all of the States.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759; Pub. L. 103–311, title I, § 117(a)(1), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 104–88, title III, § 308(d), Dec. 29, 1995, 109 Stat. 947; Pub. L. 109–59, title VII, §§ 7102, 7126, Aug. 10, 2005, 119 Stat. 1892, 1909; Pub. L. 110–244, title III, § 302(a), June 6, 2008, 122 Stat. 1618.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5102(1)49 App.:1802(1)–(3), (13).Jan. 3, 1975, Pub. L. 93–633, § 103, 88 Stat. 2156; restated Nov. 16, 1990, Pub. L. 101–615, § 3(a), 104 Stat. 3245; Oct. 24, 1992, Pub. L. 102–508, §§ 501, 502, 106 Stat. 3311.
5102(2)49 App.:1802(4).
5102(3)49 App.:1802(5).
5102(4)49 App.:1802(6).
5102(5)49 App.:1802(7).
5102(6)49 App.:1802(8).
5102(7)49 App.:1802(9).
5102(8)49 App.:1802(10).
5102(9)49 App.:1802(11).
5102(10)49 App.:1802(12).
5102(11)49 App.:1802(14).
5102(12)49 App.:1802(15).
5102(13)49 App.:1802(16).

In this chapter, the words “or shipped” are omitted as being included in “transported”.
In clause (1), before subclause (A), the text of 49 App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental Protection Agency, Director of the Federal Emergency Management Agency, and Secretary of Transportation are used the first time the terms appear in a section. The words “traffic, commerce” are omitted as surplus. In subclause (B), the words “between a place in a State and a place outside of the State” are substituted for “described in clause (A)” for clarity.
In clauses (3)(C) and (10)(B), the words “at a minimum” are omitted as surplus.
In clause (5), the words “administrative hearing or other” are omitted as surplus.
In clause (9), before subclause (A), the words “including any trustee, receiver, assignee, or similar representative thereof” are omitted as surplus.
In clause (12), the words “by any mode” are omitted as surplus.

References in TextSection 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (6), is section 4 of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2204, which was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.

Amendments2008—Par. (3). Pub. L. 110–244 amended Pub. L. 109–59, § 7102(2). See 2005 Amendment notes below.
2005—Par. (1)(C). Pub. L. 109–59, § 7102(1), added subpar. (C).
Par. (2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Par. (3)(A)(i). Pub. L. 109–59, § 7102(2)(A), as amended by Pub. L. 110–244, § 302(a)(1), (2), added cl. (i) and struck out former cl. (i) which read as follows: “employed by a hazmat employer; and”.
Par. (3)(A)(ii). Pub. L. 109–59, § 7102(2)(B), as amended by Pub. L. 110–244, § 302(a)(1), (3), substituted “course of such full time, part time, or temporary employment, or such self employment,” for “course of employment” and inserted “and” at end.
Par. (3)(B). Pub. L. 109–59, § 7102(2)(D)(i), as amended by Pub. L. 110–244, § 302(a)(1), substituted “employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,” for “employed by a hazmat employer,” in introductory provisions.
Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and”.
Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amended by Pub. L. 110–244, § 302(a)(1), added cl. (ii) and struck out former cl. (ii) which read as follows: “manufactures, reconditions, or tests containers, drums, and packagings represented as qualified for use in transporting hazardous material;”.
Par. (3)(C). Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B).
Par. (4). Pub. L. 109–59, § 7102(3), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of “hazmat employer” a person using at least one employee in connection with transporting or containers for transporting hazardous material, an owner-operator of a motor vehicle transporting hazardous material in commerce, and a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out certain described activities.
Par. (5). Pub. L. 109–59, § 7102(4), inserted “relating to hazardous material” after “of a condition”.
Par. (7). Pub. L. 109–59, § 7102(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘motor carrier’ means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102 of this title.”
Par. (8). Pub. L. 109–59, § 7102(6), substituted “National Response Team” for “national response team” in two places and “National Contingency Plan” for “national contingency plan”.
Par. (9)(A). Pub. L. 109–59, § 7102(7), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “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”.
Pars. (11) to (14). Pub. L. 109–59, § 7102(8), added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively.
1995—Par. (7). Pub. L. 104–88 substituted “motor carrier, motor private” for “motor common carrier, motor contract carrier, motor private” and “section 13102” for “section 10102”.
1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted “packagings” for “packages”.

Effective Date of 2008 AmendmentAmendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

§ 5103. General regulatory authority(a) Designating Material as Hazardous.—The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines 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 Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—(A) apply to a person who—(i) transports hazardous material in commerce;

(ii) causes hazardous material to be transported in commerce;

(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;

(iv) prepares or accepts hazardous material for transportation in commerce;

(v) is responsible for the safety of transporting hazardous material in commerce;

(vi) certifies compliance with any requirement under this chapter; or

(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and

(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.

(2) A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral presentation.

(c) Federally Declared Disasters and Emergencies.—(1) In general.—The Secretary may by order waive compliance with any part of an applicable standard prescribed under this chapter without prior notice and comment and on terms the Secretary considers appropriate if the Secretary determines that—(A) it is in the public interest to grant the waiver;

(B) the waiver is not inconsistent with the safety of transporting hazardous materials; and

(C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(2) Period of waiver.—A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter.

(3) Statement of reasons.—The Secretary shall include in any order issued under this section the reasons for granting the waiver.

(d) Consultation.—When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary of Transportation.

(e) Biennial Report.—The Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation a biennial report providing information on whether the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all by-products of the methamphetamine-production process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, § 6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, § 1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 109–59, title VII, §§ 7103, 7126, Aug. 10, 2005, 119 Stat. 1893, 1909; Pub. L. 109–177, title VII, § 741, Mar. 9, 2006, 120 Stat. 272; Pub. L. 114–94, div. A, title VII, § 7201, Dec. 4, 2015, 129 Stat. 1589.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5103(a)49 App.:1803.Jan. 3, 1975, Pub. L. 93–633, § 104, 88 Stat. 2156.
5103(b)49 App.:1804(a) (1)–(3).Jan. 3, 1975, Pub. L. 93–633, § 105(a)(1)–(3), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3247.

In subsection (a), the words “such quantity and form of material” and “in his discretion” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “in accordance with section 553 of title 5” are omitted because 5:553 applies unless otherwise stated. In clause (A)(i), the words “hazardous material in commerce”, and in clause (A)(ii), the words “hazardous material . . . in commerce”, are added for consistency in this chapter.

Pub. L. 103–429This amends 49:5103(b)(2) to clarify the restatement of 49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).

References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(C), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments2015—Subsecs. (c) to (e). Pub. L. 114–94 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary shall designate” for “Secretary of Transportation shall designate”.
Pub. L. 109–59, § 7103(a), substituted “infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,” for “etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material,” and “determines” for “decides”.
Subsec. (b)(1)(A). Pub. L. 109–59, § 7103(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “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 packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and”.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7103(c)(1), struck out heading and text of subpar. (C). Text read as follows: “When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary.”
Subsec. (c). Pub. L. 109–59, § 7103(c)(2), added subsec. (c).
2002—Subsec. (b)(1). Pub. L. 107–296, § 1711(a)(1), substituted “transportation, including security,” for “transportation” in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, § 1711(a)(2), substituted “aspects, including security,” for “aspects”.
Subsec. (b)(1)(C). Pub. L. 107–296, § 1711(a)(3), added subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
Subsec. (b)(2). Pub. L. 103–429 substituted “be conducted under section 553 of title 5, including” for “include” and “presentation” for “presentations”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

GAO Study on Acceptance of Classification ExaminationsPub. L. 114–94, div. A, title VII, § 7207, Dec. 4, 2015, 129 Stat. 1592, provided that:
“(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Comptroller General of the United States shall evaluate and transmit to the Secretary [of Transportation], the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on the standards, metrics, and protocols that the Secretary uses to regulate the performance of persons approved to recommend hazard classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations (commonly referred to as ‘third-party labs’).

“(b) Evaluation.—The evaluation required under subsection (a) shall—“(1) identify what standards and protocols are used to approve such persons, assess the adequacy of such standards and protocols to ensure that persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified;

“(2) assess the adequacy of the Secretary’s oversight of persons approved to perform the classifications, including the qualification of individuals engaged in the oversight of approved persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required;

“(3) identify what standards and protocols exist to rescind, suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols, and make recommendations to enhance such standards and protocols if necessary; and

“(4) include annual data for fiscal years 2005 through 2015 on the number of applications received for new classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by persons approved by the Secretary were changed to another classification and the reasons for the change, and how many hazardous materials incidents have been attributed to a classification recommended by such approved persons in the United States.

“(c) Action Plan.—Not later than 180 days after receiving the report required under subsection (a), the Secretary shall make available to the public a plan describing any actions the Secretary will take to establish standards, metrics, and protocols based on the findings and recommendations in the report to ensure that persons approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, can sufficiently perform such examinations in a manner that meets the hazardous materials regulations.

“(d) Regulations.—If the report required under subsection (a) recommends new regulations in order for the Secretary to have confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, the Secretary shall consider such recommendations, and if determined appropriate, issue regulations to address the recommendations not later than 18 months after the date of the publication of the plan under subsection (c).”

Railroad Carrier Employee Exposure to Radiation StudyPub. L. 110–432, div. A, title IV, § 411, Oct. 16, 2008, 122 Stat. 4888, provided that:
“(a) Study.—The Secretary of Transportation shall, in consultation with the Secretary of Energy, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Chairman of the Nuclear Regulatory Commission, as appropriate, conduct a study of the potential hazards to which employees of railroad carriers and railroad contractors or subcontractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel (as defined in section 5101(a) [probably means section 5105(a)] of title 49, United States Code), supplementing the report submitted under section 5101(b) [probably means section 5105(b)] of that title, which may include—“(1) an analysis of the potential application of ‘as low as reasonably achievable’ principles for exposure to radiation to such employees with an emphasis on the need for special protection from radiation exposure for such employees during the first trimester of pregnancy or who are undergoing or have recently undergone radiation therapy;

“(2) the feasibility of requiring real-time dosimetry monitoring for such employees;

“(3) the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as yards and repair facilities; and

“(4) a review of the effectiveness of the Department’s packaging requirements for radioactive materials.

“(b) Report.—Not later than 18 months after the date of enactment of this Act [Oct. 16, 2008], the Secretary of Transportation shall transmit a report on the results of the study required by subsection (a) and any recommendations to further protect employees of a railroad carrier or of a contractor or subcontractor to a railroad carrier from unsafe exposure to radiation during the transportation of high-level radioactive waste and spent nuclear fuel to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.

“(c) Regulatory Authority.—The Secretary of Transportation may issue regulations that the Secretary determines appropriate, pursuant to the report required by subsection (b), to protect railroad employees from unsafe exposure to radiation during the transportation of radioactive materials.”

[For definitions of “railroad carrier”, “Department”, “railroad”, and “Secretary”, as used in section 411 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]

Safe Placement of Train CarsPub. L. 103–311, title I, § 111, Aug. 26, 1994, 108 Stat. 1676, provided that: “The Secretary of Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry hazardous materials. In conducting the study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to Congress within 1 year after the date of enactment of this Act [Aug. 26, 1994].”

Fiber Drum PackagingPub. L. 104–88, title IV, § 406, Dec. 29, 1995, 109 Stat. 957, provided that:
“(a) In General.—In the administration of chapter 51 of title 49, United States Code, the Secretary of Transportation shall issue a final rule within 60 days after the date of the enactment of this Act [Dec. 29, 1995] authorizing the continued use of fiber drum packaging with a removable head for the transportation of liquid hazardous materials with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991, if—“(1) the packaging is in compliance with regulations of the Secretary under the Hazardous Materials Transportation Act [former 49 U.S.C. 1801 et seq.] as in effect on September 30, 1991; and

“(2) the packaging will not be used for the transportation of hazardous materials that include materials which are poisonous by inhalation or materials in Packing Groups I and II.

“(b) Expiration.—The regulation referred to in subsection (a) shall expire on the later of September 30, 1997, or the date on which funds are authorized to be appropriated to carry out chapter 51 of title 49, United States Code (relating to transportation of hazardous materials), for fiscal years beginning after September 30, 1997.

“(c) Study.—“(1) In general.—Within 90 days after the date of the enactment of this Act [Dec. 29, 1995], the Secretary shall contract with the National Academy of Sciences to conduct a study—“(A) to determine whether the requirements of section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they pertain to fiber drum packaging with a removable head can be met for the transportation of liquid hazardous materials (with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards (including fiber drum industry standards set forth in a June 8, 1992, exemption application submitted to the Department of Transportation), other than the performance-oriented packaging standards adopted under docket number HM–181 contained in part 178 of title 49, Code of Federal Regulations; and

“(B) to determine whether a packaging standard (including such fiber drum industry standards), other than such performance-oriented packaging standards, will provide an equal or greater level of safety for the transportation of liquid hazardous materials than would be provided if such performance-oriented packaging standards were in effect.

“(2) Completion.—The study shall be completed before March 1, 1997 and shall be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Transportation and Infrastructure Committee of the House of Representatives.

“(d) Secretarial Action.—By September 30, 1997, the Secretary shall issue final regulations to determine what standards should apply to fiber drum packaging with a removable head for transportation of liquid hazardous materials (with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) after September 30, 1997. In issuing such regulations, the Secretary shall give full and substantial consideration to the results of the study conducted in subsection (c).”

Pub. L. 103–311, title I, § 122, Aug. 26, 1994, 108 Stat. 1681, provided that:
“(a) Initiation of Rulemaking Proceeding.—Not later than the 60th day following the date of enactment of this Act [Aug. 26, 1994], the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether the requirements of section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they pertain to open head fiber drum packaging can be met for the domestic transportation of liquid hazardous materials (with respect to those classifications of liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards other than the performance-oriented packaging standards adopted under docket number HM–181 contained in part 178 of title 49, Code of Federal Regulations.

“(b) Issuance of Standards.—If the Secretary of Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that a packaging standard other than the performance-oriented packaging standards referred to in subsection (a) will provide an equal or greater level of safety for the domestic transportation of liquid hazardous materials than would be provided if such performance-oriented packaging standards were in effect, the Secretary shall issue regulations which implement such other standard and which take effect before October 1, 1996.

“(c) Completion of Rulemaking Proceeding.—The rulemaking proceeding initiated under subsection (a) shall be completed before October 1, 1995.

“(d) Limitations.—“(1) The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under chapter 51 of title 49, United States Code.

“(2) Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials.”

§ 5103a. Limitation on issuance of hazmat licenses(a) Limitation.—(1) Issuance of licenses.—A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless—(A) “the Secretary of Homeland Security”; 11 So in original. The quotation marks and semicolon probably should not appear. has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license; or

(B) the individual holds a valid transportation security card issued under section 70105 of title 46.

(2) Renewals included.—For the purposes of this section, the term “issue”, with respect to a license, includes renewal of the license.

(b) Hazardous Materials Described.—The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle transporting that material in commerce.

(c) Recommendations on Chemical and Biological Materials.—The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals.

(d) Background Records Check.—(1) In general.—Upon the request of a State regarding issuance of a license under subsection (a)(1)(A) to an individual, the Attorney General—(A) shall carry out a background records check regarding the individual; and

(B) upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check.

(2) Scope.—A background records check regarding an individual under this subsection shall consist of the following:(A) A check of the relevant criminal history data bases.

(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.

(C) As appropriate, a check of the relevant international data bases through Interpol–U.S. National Central Bureau or other appropriate means.

(e) Reporting Requirement.—Each State shall submit to the Secretary of Homeland Security, at such time and in such manner as the Secretary of Homeland Security may prescribe, the name, address, and such other information as the Secretary of Homeland Security may require, concerning—(1) each alien to whom the State issues a license described in subsection (a); and

(2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require.

(f) Alien Defined.—In this section, the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.

(g) Background Checks for Drivers Hauling Hazardous Materials.—(1) In general.—(A) Employer notification.—Not later than 90 days after the date of enactment of this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties, shall develop and implement a process for notifying hazmat employers designated by an applicant of the results of the applicant’s background record check, if—(i) such notification is appropriate considering the potential security implications; and

(ii) the Director, in a final notification of threat assessment,22 So in original. Comma probably should appear after “applicant”. served on the applicant 2 determines that the applicant does not meet the standards set forth in regulations issued to carry out this section.

(B) Relationship to other background records checks.—(i) Elimination of redundant checks.—An individual with respect to whom the Transportation Security Administration—(I) has performed a security threat assessment under this section; and

(II) has issued a final notification of no security threat,

 is deemed to have met the requirements of any other background check that is required for purposes of any Federal law applicable to transportation workers if that background check is equivalent to, or less stringent than, the background check required under this section.
(ii) Determination by director.—Not later than 60 days after the date of issuance of the report under paragraph (5), but no later than 120 days after the date of enactment of this subsection, the Director shall initiate a rulemaking proceeding, including notice and opportunity for comment, to determine which background checks required for purposes of Federal laws applicable to transportation workers are equivalent to, or less stringent than, those required under this section.

(iii) Future rulemakings.—The Director shall make a determination under the criteria established under clause (ii) with respect to any rulemaking proceeding to establish or modify required background checks for transportation workers initiated after the date of enactment of this subsection.

(2) Appeals process for more stringent state procedures.—If a State establishes its own standards for applicants for a hazardous materials endorsement to a commercial driver’s license, the State shall also provide—(A) an appeals process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver’s license by that State may appeal that denial; and

(B) a waiver process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver’s license by that State may apply for a waiver.

(3) Clarification of term defined in regulations.—The term “transportation security incident”, as defined in part 1572 of title 49, Code of Federal Regulations, does not include a work stoppage or other nonviolent employee-related action resulting from an employer-employee dispute. Not later than 30 days after the date of enactment of this subsection, the Director shall modify the definition of that term to reflect the preceding sentence.

(4) Background check capacity.—Not later than October 1, 2005, the Director shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives a report on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish the timely processing of fingerprint-based security threat assessments for individuals holding commercial driver’s licenses who are applying to renew hazardous materials endorsements.

(5) Report.—(A) In general.—Not later than 60 days after the date of enactment of this subsection, the Director shall transmit to the committees referred to in paragraph (4) a report on the Director’s plans to reduce or eliminate redundant background checks for holders of hazardous materials endorsements performed under this section.

(B) Contents.—The report shall—(i) include a list of background checks and other security or threat assessment requirements applicable to transportation workers under Federal laws for which the Department of Homeland Security is responsible and the process by which the Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent than, the background check performed under this section; and

(ii) provide an analysis of how the Director plans to reduce or eliminate redundant background checks in a manner that will continue to ensure the highest level of safety and security.

(h) Commercial Motor Vehicle Operators Registered to Operate in Mexico or Canada.—(1) In general.—Beginning on the date that is 6 months after the date of enactment of this subsection, a commercial motor vehicle operator registered to operate in Mexico or Canada shall not operate a commercial motor vehicle transporting a hazardous material in commerce in the United States until the operator has undergone a background records check similar to the background records check required for commercial motor vehicle operators licensed in the United States to transport hazardous materials in commerce.

(2) Extension.—The Director of the Transportation Security Administration may extend the deadline established by paragraph (1) for a period not to exceed 6 months if the Director determines that such an extension is necessary.

(3) Commercial motor vehicle defined.—In this subsection, the term “commercial motor vehicle” has the meaning given that term by section 31101.

(Added Pub. L. 107–56, title X, § 1012(a)(1), Oct. 26, 2001, 115 Stat. 396; amended Pub. L. 109–59, title VII, §§ 7104, 7105, 7126, Aug. 10, 2005, 119 Stat. 1894, 1909; Pub. L. 110–53, title XV, § 1556(a), Aug. 3, 2007, 121 Stat. 475; Pub. L. 110–244, title III, § 302(b), June 6, 2008, 122 Stat. 1618; Pub. L. 115–254, div. K, title I, § 1978, Oct. 5, 2018, 132 Stat. 3618.)

References in TextSection 101(a)(3) of the Immigration and Nationality Act, referred to in subsec. (f), is classified to section 1101(a)(3) of Title 8, Aliens and Nationality.
The date of enactment of this subsection, referred to in subsecs. (g) and (h), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments2018—Subsec. (a)(1). Pub. L. 115–254, § 1978(a), substituted “unless—” for “unless”, “(A) ‘the Secretary of Homeland Security’;” for “the Secretary of Homeland Security”, and “; or” for period at end and added subpar. (B).
Subsec. (d)(1). Pub. L. 115–254, § 1978(b), substituted “under subsection (a)(1)(A)” for “described in subsection (a)(1)” in introductory provisions.
2008—Subsec. (g)(1)(B)(ii). Pub. L. 110–244 substituted “subsection” for “Act”.
2007—Subsec. (a)(1). Pub. L. 110–53, § 1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”.
Subsec. (b). Pub. L. 110–53, § 1556(a)(2), substituted “Secretary of Transportation” for “Secretary” in two places.
Subsec. (d)(1)(B). Pub. L. 110–53, § 1556(a)(3), substituted “Secretary of Homeland Security” for “Secretary”.
Subsec. (e). Pub. L. 110–53, § 1556(a)(4), substituted “Secretary of Homeland Security” for “Secretary” wherever appearing.
2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, § 7104(c), substituted “subsection (d)(1)(B),” for “subsection (c)(1)(B),”.
Subsec. (b). Pub. L. 109–59, § 7104(a), substituted “with respect to any material defined as hazardous material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce” for “with respect to—
“(1) any material defined as a hazardous material by the Secretary of Transportation; and
“(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States”.
Subsec. (c). Pub. L. 109–59, § 7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1)(B). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (e). Pub. L. 109–59, § 7126, substituted “submit to the Secretary” for “submit to the Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (e) as (f).
Subsecs. (g), (h). Pub. L. 109–59, § 7105, added subsecs. (g) and (h).

Authorization of AppropriationsPub. L. 107–56, title X, § 1012(c), Oct. 26, 2001, 115 Stat. 398, provided that: “There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a).”

§ 5104. Representation and tampering(a) Representation.—A person may represent, by marking or otherwise, that—(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or

(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.—No person may 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, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, § 117(b), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, § 6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, § 7106, Aug. 10, 2005, 119 Stat. 1897.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5104(a)49 App.:1804(e).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, § 5, 104 Stat. 3252.
5104(b)49 App.:1804(f).

In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus.
In subsection (b), before clause (1), the word “deface” is omitted as surplus.

Pub. L. 103–429This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).

Amendments2005—Subsec. (a)(1). Pub. L. 109–59, § 7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”.
Subsec. (b). Pub. L. 109–59, § 7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–59, § 7106(b)(2), inserted “component of a package, or packaging,” after “package,”.
1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”.
Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§ 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, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary shall conduct 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 transporting that waste and fuel. The Secretary 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 conducted under subsection (b) of this section, the Secretary 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 radioactive waste and spent nuclear fuel.

(d) Inspections of Motor Vehicles Transporting Certain Material.—(1) Not later than November 16, 1991, the Secretary 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 may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies 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 paragraph.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 762; Pub. L. 109–59, title VII, §§ 7107, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5105(a)49 App.:1813(e).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 116(e); added Oct. 24, 1992, Pub. L. 102–508, § 505(2), 106 Stat. 3311.
 49 App.:1813 (note).Nov. 16, 1990, Pub. L. 101–615, § 16(e), 104 Stat. 3263.
5105(b)49 App.:1813(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 116(a)–(d); added Oct. 30, 1984, Pub. L. 98–559, § 3, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, § 15, 104 Stat. 3261; Oct. 24, 1992, Pub. L. 102–508, § 505(1), 106 Stat. 3311.
5105(c)49 App.:1813(b).
5105(d)49 App.:1813(c).
5105(e)49 App.:1813(d).

In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3263) is included to correct a mistake in the source provisions being restated. See section 16(a)(1) of the Act of 1990 (Public Law 101–615, 104 Stat. 3262), stating that the meanings of “high-level radioactive waste” and “spent nuclear fuel” are as defined in 49 App.:1813, as added by section 15 of the Act (104 Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 1990).
In subsection (b), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131.
In subsection (c), the word “regulations” is substituted for “rule” for consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous.
In subsection (d), before clause (1), the words “In combination” are omitted as surplus.

Amendments2005—Subsecs. (b), (c). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” wherever appearing.
Subsec. (d). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” in par. (1) and “Secretary may” for “Secretary of Transportation may” in par. (2).
Pub. L. 109–59, § 7107, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to a study to be conducted not later than Nov. 16, 1991, 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.
Subsec. (e). Pub. L. 109–59, § 7107(2), redesignated subsec. (e) as (d).

§ 5106. Handling criteria
The Secretary may prescribe criteria for handling 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 transporting the hazardous material.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

510649 App.:1805(a).Jan. 3, 1975, Pub. L. 93–633, § 106(a), 88 Stat. 2157.

Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.

Amendments2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

§ 5107. Hazmat employee training requirements and grants(a) Training Requirements.—The Secretary 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 transportation 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 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 Secretary may require by regulation, that the hazmat employees of the employer have received training and have been tested on appropriate transportation areas of responsibility, including 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 material.

(4) health, safety, and risk factors associated with hazardous 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 Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.

(7) applicable hazardous material transportation regulations.

(8) personal protection techniques.

(9) preparing a shipping document for transporting hazardous material.

(d) Coordination of Training Requirements.—In consultation with the Administrator of the Environmental Protection Agency and the Secretary of Labor, the Secretary shall ensure that the training requirements prescribed under this section do not conflict with or duplicate—(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency 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.—(1) In general.—Subject to the availability of funds under section 5128(c), the Secretary shall make grants under this subsection—(A) for training instructors to train hazmat employees; and

(B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.

(2) Eligibility.—A grant under this subsection shall be made through a competitive process to a nonprofit organization that demonstrates—(A) expertise in conducting a training program for hazmat employees; and

(B) the ability to reach and involve in a training program a target population of hazmat employees.

(f) Training of Certain Employees.—The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations.

(g) Relationship to Other Laws.—(1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)–(d) of this section.

(2) An action of the Secretary under subsections (a)–(d) of this section and section 5106 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.

(h) Existing Effort.—No grant under subsection (e) shall supplant or replace existing employer-provided hazardous materials training efforts or obligations.

(i) Community Safety Grants.—The Secretary shall establish a competitive program for making grants to nonprofit organizations for—(1) conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and

(2) training State and local personnel responsible for enforcing the safe transportation of hazardous materials, including Class 3 flammable liquids.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§ 106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§ 7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909; Pub. L. 112–141, div. C, title III, § 33016, July 6, 2012, 126 Stat. 841; Pub. L. 114–94, div. A, title VII, § 7301, Dec. 4, 2015, 129 Stat. 1594.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5107(a)49 App.:1805(b)(1), (2), (5) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(b); added Nov. 16, 1990, Pub. L. 101–615, § 7(3), 104 Stat. 3253.
5107(b)49 App.:1805(b)(4), (5) (last sentence).
5107(c)49 App.:1805(b)(6).
5107(d)49 App.:1805(b)(3) (1st sentence).
5107(e)49 App.:1816(a)–(c).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 118(a)–(c); added Nov. 16, 1990, Pub. L. 101–615, § 18, 104 Stat. 3269.
5107(f)(1)49 App.:1805(b)(7).
5107(f)(2)49 App.:1805(b)(3) (last sentence).

In subsections (a)(1) and (b), before clause (1), the words “in order to comply with requirements established by such regulations” are omitted as surplus.
In subsection (a), before clause (1), the words “Within 18 months after November 16, 1990” are omitted as obsolete. In clause (1), the words “as provided by subsection (b) of this section” are added for clarity.
In subsection (b), before clause (1), the words “in accordance with the requirements established by such regulations” are omitted as surplus.
In subsection (c), before clause (1), the words “in accordance with the requirements established under this subsection” and “appropriate” before “documentation” are omitted as surplus.
In subsection (d), before clause (1), the words “take such actions as may be necessary to” are omitted as surplus. In clauses (1) and (2), the words “(and amendments thereto)” are omitted as surplus. In clause (1), the words “Secretary of Labor” are substituted for “Occupational Safety and Health Administration of the Department of Labor” because of 29:551.
In subsection (e), the words “and education” are omitted as being included in “training”. Before clause (1), the words “regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under section 1816(b) of this title may be made under this section” are omitted as surplus.
In subsection (f)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.

Amendments2015—Subsec. (i). Pub. L. 114–94 added subsec. (i).
2012—Subsec. (e)(2). Pub. L. 112–141 inserted “through a competitive process” after “shall be made” and struck out “hazmat employee” after “nonprofit” in introductory provisions.
2005—Subsecs. (a) to (d). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of subsecs. (a) to (c) and “Secretary shall” for “Secretary of Transportation shall” in introductory provisions of subsec. (d).
Subsec. (e). Pub. L. 109–59, § 7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee 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.”
Subsec. (f). Pub. L. 109–59, § 7108(3), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, § 7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (g)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, § 7108(4), substituted “section 5106” for “sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title”.
Subsec. (h). Pub. L. 109–59, § 7108(2), redesignated subsec. (g) as (h).
1994—Subsec. (d). Pub. L. 103–311, § 106, in introductory provisions inserted “or duplicate” after “conflict with” and in par. (1) substituted “hazard communication, and hazardous waste operations, and” for “hazardous waste operations and”.
Subsec. (e). Pub. L. 103–311, § 119(c)(1), (2), in first sentence substituted “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section.” for “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.” and in second sentence inserted “hazmat employee” after “nonprofit”.
Subsec. (g). Pub. L. 103–311, § 119(c)(3), added subsec. (g).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5108. Registration(a) Persons Required to File.—(1) A person shall file a registration statement with the Secretary under this subsection if the person is transporting or causing to be transported in commerce any of the following:(A) a highway-route-controlled quantity of radioactive material.

(B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material 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 inhalation.

(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, 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 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 designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.

(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.

(b) Form, Contents, and Limitation on Filings.—(1) A registration statement under subsection (a) of this section shall be in the form and contain information the Secretary requires by regulation. The Secretary may use existing forms of the Department of Transportation and the Environmental Protection Agency to carry out this subsection. The statement shall include—(A) the name and principal place of business of the registrant;

(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 any of the activities.

(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.—Each person required to file a registration statement under subsection (a) shall file the statement in accordance with regulations prescribed by the Secretary.

(d) Simplifying the Registration Process.—The Secretary may take necessary action to simplify the registration 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 in carrying out subsections (a)–(g)(1) 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 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(b) of title 5 or otherwise protected by law from disclosure to the public.

(g) Fees.—(1) The Secretary shall 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.

(2)(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary 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 $3,000 from each person required to file a registration statement under this section. The Secretary shall determine 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 environment 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 5108(g)(2), 5115, and 5116 of this title.

(ix) other factors the Secretary considers appropriate.

(B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(h) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.

(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title.

(3) Fees on exempt persons.—Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the costs incurred by the Secretary in processing registration statements filed by such persons.

(h) Maintaining Proof of Filing and Payment of Fees.—The Secretary 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 under subsections (a)–(g)(1) and (h) of this section.

(2)(A) This section does not apply to an employee of a hazmat employer.

(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, an Indian tribe, or an employee of a department, agency, instrumentality, or authority carrying out official duties.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103–311, title I, §§ 104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L. 105–102, § 2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–225, § 7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 109–59, title VII, §§ 7109(a)–(c), (e), (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900, 1909; Pub. L. 114–94, div. A, title VII, § 7203(b)(1), Dec. 4, 2015, 129 Stat. 1591.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5108(a)(1)49 App.:1805(c)(1).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(c); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3255; Oct. 24, 1992, Pub. L. 102–508, § 503(a)(1)–(3), (b), 106 Stat. 3311.
5108(a)(2)49 App.:1805(c)(3).
5108(a)(3)49 App.:1805(c)(4).
5108(b)49 App.:1805(c)(7), (8).
5108(c)49 App.:1805(c)(5), (6).
5108(d)49 App.:1805(c)(9).
5108(e)49 App.:1805(c)(2).
5108(f)49 App.:1805(c)(10).
5108(g)(1)49 App.:1805(c)(11).
5108(g)(2)49 App.:1815(h) (1)–(5).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A(h)(1)– (5); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3267.
5108(h)49 App.:1805(c)(12).
5108(i)49 App.:1805(c) (13)–(15).

In subsection (b)(1), before clause (A), the words “at a minimum” are omitted as surplus.
In subsection (d), the words “streamline and”, “with respect to a person who is required to file a registration statement under this subsection”, and “with the Department of Transportation” are omitted as surplus.
In subsection (g), the word “impose” is substituted for “assess” for consistency in the revised title and with other titles of the United States Code.
In subsection (g)(2)(A), before clause (i), the words “Not later than September 30, 1992” are omitted as obsolete. In clause (viii), the words “of funds” are omitted as surplus.
In subsection (g)(2)(B), the words “of fees” and “from persons” are omitted as surplus.
In subsection (i)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
In subsection (i)(2)(A), the words “Notwithstanding any other provisions of this subsection” are omitted as surplus.

Pub. L. 105–102This amends 49:5108(f) to correct an erroneous cross-reference.

Amendments2015—Subsec. (g)(2)(B), (C). Pub. L. 114–94 substituted “5116(h)” for “5116(i)”.
2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 109–59, § 7109(a)(1), substituted “Division 1.1, 1.2, or 1.3 explosive material” for “class A or B explosive”.
Subsec. (a)(2). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may” in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–59, § 7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “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.”
Subsec. (a)(3). Pub. L. 109–59, § 7109(a)(3), substituted “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or” for “manufacture, fabricate, mark, maintain, recondition, repair, or test a package or”.
Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted “Secretary requires” for “Secretary of Transportation requires” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7109(b), substituted “any of the activities” for “the activity”.
Subsec. (c). Pub. L. 109–59, § 7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
“(1) Each person required to file a registration statement under subsection (a) of this section must file the first statement not later than March 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 statement.”
Subsecs. (d) to (f). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (d), “Secretary in carrying” for “Secretary of Transportation in carrying” in subsec. (e), and “Secretary shall” for “Secretary of Transportation shall” in subsec. (f).
Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Pub. L. 109–59, § 7109(f)(1), substituted “shall” for “may”.
Subsec. (g)(2)(A). Pub. L. 109–59, § 7126, substituted “Secretary shall establish” for “Secretary of Transportation shall establish” in introductory provisions.
Pub. L. 109–59, § 7109(f)(2), substituted “$3,000” for “$5,000” in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Subsec. (g)(2)(C). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Pub. L. 109–59, § 7114(d)(3), substituted “the Hazardous Materials Emergency Preparedness Fund established” for “the account the Secretary of the Treasury establishes”.
Subsec. (g)(3). Pub. L. 109–59, § 7109(f)(3), added par. (3).
Subsec. (h). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (i)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (i)(2)(B). Pub. L. 109–59, § 7109(e), inserted “an Indian tribe,” after “subdivision of a State,”.
1998—Subsec. (f). Pub. L. 105–225 substituted “section 552(b)” for “section 552(f)”.
1997—Subsec. (f). Pub. L. 105–102 which directed substitution of “section 552(b)” for “section 522(f)” could not be executed because “section 522(f)” did not appear.
1994—Subsec. (a)(1)(D). Pub. L. 103–311, § 117(a)(3), substituted “a bulk packaging” for “a bulk package” and “the bulk packaging” for “the package”.
Subsec. (a)(4). Pub. L. 103–311, § 104, added par. (4).
Subsec. (g)(2)(A)(viii). Pub. L. 103–311, § 119(d)(1), struck out “5107(e),” before “5108(g)(2)”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

RegistrationPub. L. 109–59, title VII, § 7109(d), Aug. 10, 2005, 119 Stat. 1898, provided that: “As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act [Aug. 10, 2005] under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant.”

§ 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 safety permit the Secretary 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 Secretary 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 prescribe by regulation the hazardous material and amounts of hazardous 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 material, 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.

(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 scheduling a hearing.

(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 limitations 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) Limitation on Denial.—The Secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of-service disqualification standards, unless—(1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and

(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 114–94, div. A, title VII, § 7202, Dec. 4, 2015, 129 Stat. 1589.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5109(a)49 App.:1805(d)(1), (2).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(d); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102–508, § 503(a)(4), (5), (b), 106 Stat. 3311.
5109(b)49 App.:1805(d)(5).
5109(c)49 App.:1805(d)(7).
5109(d)49 App.:1805(d)(4).
5109(e)49 App.:1805(d)(6).
5109(f)49 App.:1805(d)(3).
5109(g)49 App.:1805(d)(8).
5109(h)49 App.:1805 (note).Nov. 16, 1990, Pub. L. 101–615, § 8(b), 104 Stat. 3258.

In subsection (a), before clause (1), the words “Except as provided in this subsection” and “used to provide such transportation” are omitted as surplus.
In subsection (b), before clause (1), the word “all” is omitted as surplus.
In subsection (e)(2), the word “conditions” is omitted as being included in “terms”.
In subsection (h), the text of section 8(b) (words before semicolon of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3258) is omitted as obsolete.

Amendments2015—Subsec. (h). Pub. L. 114–94 amended subsec. (h) generally. Prior to amendment, text read as follows: “The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991.”
2005—Subsec. (a). Pub. L. 109–59 substituted “Secretary issues” for “Secretary of Transportation issues” in introductory provisions.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Motor Carrier Safety PermitsPub. L. 112–141, div. C, title III, § 33014, July 6, 2012, 126 Stat. 840, provided that:
“(a) Review.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on, the implementation of the hazardous material safety permit program under section 5109 of title 49, United States Code. In conducting the study, the Secretary shall review, at a minimum—“(1) the list of hazardous materials requiring a safety permit;

“(2) the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor carriers that have never had a permit denied, revoked, or suspended since inception of the program;

“(3) the reasons for such denials, revocations, or suspensions;

“(4) the criteria used by the Federal Motor Carrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and

“(5) actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit.

“(b) Actions Taken.—Not later than 2 years after the date of enactment of this Act, based on the study conducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary improvements to the hazardous materials safety permit program under section 5109 of title 49, United States Code or publish in the Federal Register the Secretary’s justification for why a rulemaking is not necessary.”

§ 5110. Shipping papers and disclosure(a) Providing Shipping Papers.—Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.

(b) Keeping Shipping Papers on the Vehicle.—(1) A motor carrier, and the person offering the hazardous material for transportation 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.

(c) Disclosure to Emergency Response Authorities.—When an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency response authorities, shall disclose to the authorities information about the material.

(d) Retention of Papers.—(1) Offerors.—The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the offeror’s principal place of business.

(2) Carriers.—The carrier required to keep the shipping paper under this section,11 So in original. Comma probably should not appear. shall retain the paper, or an electronic format of it, for a period of 1 year after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the carrier’s principal place of business.

(3) Availability to government agencies.—Any person required to keep a shipping paper under this subsection shall, upon request, make it available to a Federal, State, or local government agency at reasonable times and locations.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 768; Pub. L. 103–311, title I, § 115, Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §§ 7110, 7126, Aug. 10, 2005, 119 Stat. 1898, 1909; Pub. L. 110–244, title III, § 302(i), June 6, 2008, 122 Stat. 1618.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5110(a)49 App.:1804(g)(1) (1st sentence words before “for the carrier”).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(g); added Nov. 16, 1990, Pub. L. 101–615, § 6, 104 Stat. 3253.
5110(b)49 App.:1804(g)(2).
5110(c)49 App.:1804(g)(1) (1st sentence words after “paragraph (2)”, last sentence), (3).
5110(d)49 App.:1804(g)(4).

In subsection (c)(1), the words “A motor carrier” are substituted for “the carrier” for clarity.

Amendments2008—Subsec. (d)(1). Pub. L. 110–244, § 302(i)(2), substituted “offeror’s” for “shipper’s”.
Pub. L. 110–244, § 302(i)(1), which directed substitution of “Offerors” for “Shippers” “in the subsection heading”, was executed by making the substitution in par. (1) heading to reflect the probable intent of Congress.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary apply” for “Secretary of Transportation apply”.
Pub. L. 109–59, § 7110(a)(1), substituted “in regulations” for “under subsection (b) of this section”.
Subsecs. (b), (c). Pub. L. 109–59, § 7110(a)(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to considerations and requirements in carrying out subsec. (a).
Subsec. (d). Pub. L. 109–59, § 7110(b), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “After the hazardous material to which a shipping paper provided to a carrier under subsection (a) applies is no longer in transportation, the person who provided the shipping paper and the carrier required to maintain it under subsection (a) shall retain the paper or electronic image thereof for a period of 1 year to be accessible through their respective principal places of business. Such person and carrier shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and locations.”
Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d).
1994—Subsec. (e). Pub. L. 103–311 added subsec. (e).

Improvements to Hazardous Materials Identification SystemsPub. L. 101–615, § 25, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a) Rulemaking Proceeding.—“(1) Initiation.—In order to develop methods of improving the current system of identifying hazardous materials being transported in vehicles for safeguarding the health and safety of persons responding to emergencies involving such hazardous materials and the public and to facilitate the review and reporting process required by subsection (d), the Secretary of Transportation shall initiate a rulemaking proceeding not later than 30 days after the date of the enactment of this Act [Nov. 16, 1990].

“(2) Primary purposes.—The primary purposes of the rulemaking proceeding initiated under this subsection are—“(A) to determine methods of improving the current system of placarding vehicles transporting hazardous materials; and

“(B) to determine methods for establishing and operating a central reporting system and computerized telecommunications data center described in subsection (b)(1).

“(3) Methods of improving placarding system.—The methods of improving the current system of placarding to be considered under the rulemaking proceeding initiated under this subsection shall include methods to make such placards more visible, methods to reduce the number of improper and missing placards, alternative methods of marking vehicles for the purpose of identifying the hazardous materials being transported, methods of modifying the composition of placards in order to ensure their resistance to flammability, methods of improving the coding system used with respect to such placards, identification of appropriate emergency response procedures through symbols on placards, and whether or not telephone numbers of any continually monitored telephone systems which are established under the Hazardous Materials Transportation Act [see 49 U.S.C. 5101 et seq.] are displayed on vehicles transporting hazardous materials.

“(4) Completion of rulemaking proceeding with respect to reporting system and data center.—Not later than 19 months after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall complete the rulemaking proceeding initiated with respect to the central reporting system and computerized telecommunications data center described in subsection (b).

“(5) Final rule with respect to placarding.—Not later than 30 months after the date of the enactment of this Act, the Secretary of Transportation shall issue a final rule relating to improving the current system for placarding vehicles transporting hazardous materials.

“(b) Central Reporting System and Computerized Telecommunications Data Center Study.—“(1) Arrangements with national academy of sciences.—Not later than 30 days after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the feasibility and necessity of establishing and operating a central reporting system and computerized telecommunications data center that is capable of receiving, storing, and retrieving data concerning all daily shipments of hazardous materials, that can identify hazardous materials being transported by any mode of transportation, and that can provide information to facilitate responses to accidents and incidents involving the transportation of hazardous materials.

“(2) Consultation and report.—In entering into any arrangements with the National Academy of Sciences for conducting the study under this section, the Secretary of Transportation shall request the National Academy of Sciences—“(A) to consult with the Department of Transportation, the Department of Health and Human Services, the Environmental Protection Agency, the Federal Emergency Management Agency, and the Occupational Safety and Health Administration, shippers and carriers of hazardous materials, manufacturers of computerized telecommunications systems, State and local emergency preparedness organizations (including law enforcement and firefighting organizations), and appropriate international organizations in conducting such study; and

“(B) to submit, not later than 19 months after the date of the enactment of this Act, to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Energy and Commerce and Public Works and Transportation of the House of Representatives a report on the results of such study.

Such report shall include recommendations of the National Academy of Sciences with respect to establishment and operation of a central reporting system and computerized telecommunications data center described in paragraph (1).

“(3) Authorization of appropriation.—In addition to amounts authorized under section 115 of the Hazardous Materials Transportation Act [see 49 U.S.C. 5127(a)], there is authorized to be appropriated to the Secretary of Transportation to carry out this subsection $350,000.

“(c) Additional Purposes of Rulemaking Proceeding and Study.—Additional purposes of the rulemaking proceeding initiated under subsection (a) with respect to a central reporting system and computerized telecommunications data center described in subsection (b) and the study conducted under subsection (b) are—“(1) to determine whether such a system and center should be established and operated by the United States Government or by a private entity, either on its own initiative or under contract with the United States;

“(2) to determine, on an annualized basis, the estimated cost for establishing, operating, and maintaining such a system and center and for carrier and shipper compliance with such a system;

“(3) to determine methods for financing the cost of establishing, operating, and maintaining such a system and center;

“(4) to determine projected safety benefits of establishing and operating such a system and center;

“(5) to determine whether or not shippers, carriers, and handlers of hazardous materials, in addition to law enforcement officials and persons responsible for responding to emergencies involving hazardous materials, should have access to such system for obtaining information concerning shipments of hazardous materials and technical and other information and advice with respect to such emergencies;

“(6) to determine methods for ensuring the security of the information and data stored in such a system;

“(7) to determine types of hazardous materials and types of shipments for which information and data should be stored in such a system;

“(8) to determine the degree of liability of the operator of such a system and center for providing incorrect, false, or misleading information;

“(9) to determine deadlines by which shippers, carriers, and handlers of hazardous materials should be required to submit information to the operator of such a system and center and minimum standards relating to the form and contents of such information;

“(10) to determine measures (including the imposition of civil and criminal penalties) for ensuring compliance with the deadlines and standards referred to in paragraph (9); and

“(11) to determine methods for accessing such a system through mobile satellite service or other technologies having the capability to provide 2-way voice, data, or facsimile services.

“(d) Review and Report to Congress.—“(1) In general.—Not later than 25 months after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall review the report of the National Academy of Sciences submitted under subsection (b) and the results of rulemaking proceeding initiated under subsection (a) with respect to a central reporting system and computerized telecommunications data center and shall prepare and submit to Congress a report summarizing the report of the National Academy of Sciences and the results of such rulemaking proceeding, together with the Secretary’s recommendations concerning the establishment and operation of such a system and center and the Secretary’s recommendations concerning implementation of the recommendations contained in the report of the National Academy of Sciences.

“(2) Weight to be given to recommendations of nas.—In conducting the review and preparing the report under this subsection, the Secretary shall give substantial weight to the recommendations contained in the report of the National Academy of Sciences submitted under subsection (b).

“(3) Inclusion of reasons for not following recommendations.—If the Secretary does not include in the report prepared for submission to Congress under this subsection a recommendation for implementation of a recommendation contained in the report of the National Academy of Sciences submitted under subsection (b), the Secretary shall include in the report to Congress under this subsection the Secretary’s reasons for not recommending implementation of the recommendation of the National Academy of Sciences.”

Continually Monitored Telephone SystemsPub. L. 101–615, § 26, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a) Rulemaking Proceeding.—Not later than 90 days after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall initiate a rulemaking proceeding on the feasibility, necessity, and safety benefits of requiring carriers involved in the hazardous materials transportation industry to establish continually monitored telephone systems equipped to provide emergency response information and assistance with respect to accidents and incidents involving hazardous materials. Additional objectives of such proceeding shall be to determine which hazardous materials, if any, should be covered by such a requirement and which segments of such industry (including persons who own and operate motor vehicles, trains, vessels, aircraft, and in-transit storage facilities) should be covered by such a requirement.

“(b) Completion of Proceeding.—Not later than 30 months after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall complete the proceeding under this section and may issue a final rule relating to establishment of continually monitored telephone systems described in subsection (a).”

[§ 5111. Repealed. Pub. L. 109–59, title VII, § 7111, Aug. 10, 2005, 119 Stat. 1899]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.

§ 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 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 establish, 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 routing.

(b) Standards for States and Indian Tribes.—(1) The Secretary, in consultation with the States, shall prescribe by regulation standards for States and Indian tribes to use in carrying out subsection (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;

(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 designation, 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 designation, 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 routing designation, limitation, or requirement; and

(ii) for resolving a dispute between political subdivisions; 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.

(c) List of Route Designations.—(1) In general.—In coordination with the States, the Secretary shall update and publish periodically a list of currently effective hazardous material highway route designations.

(2) State responsibilities.—(A) In general.—Each State shall submit to the Secretary, in a form and manner to be determined by the Secretary and in accordance with subparagraph (B)—(i) the name of the State agency responsible for hazardous material highway route designations; and

(ii) a list of the State’s currently effective hazardous material highway route designations.

(B) Frequency.—Each State shall submit the information described in subparagraph (A)(ii)—(i) at least once every 2 years; and

(ii) not later than 60 days after a hazardous material highway route designation is established, amended, or discontinued.

(d) Dispute Resolution.—(1) The Secretary shall prescribe regulations for resolving a dispute related to through highway routing or to an agreement with a proposed highway route designation, 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 of—(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 regulations 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 regulations 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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 112–141, div. C, title III, § 33013(a), July 6, 2012, 126 Stat. 839.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5112(a)(1)49 App.:1804(b)(7).Jan. 3, 1975, Pub. L. 93–633, § 105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3248, 3251.
5112(a)(2)49 App.:1804(b)(1).
5112(b)(1)49 App.:1804(b)(2), (3).
5112(b)(2)49 App.:1804(b)(9).
5112(c)49 App.:1804(c).
5112(d)49 App.:1804(b)(5).
5112(e)49 App.:1804(b)(6).
5112(f)49 App.:1804(b)(8).

In subsection (a)(1), the words “in the area which is subject to the jurisdiction of such State or Indian tribe” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “Not later than 18 months after November 16, 1990” are omitted as obsolete. In clause (H)(i), the words “prescribed under this subsection” are added for clarity.
In subsection (d)(1), the words “within 18 months of November 16, 1990” are omitted as obsolete. The words “over a matter” are omitted as surplus.
In subsection (d)(3), the word “civil” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the words “superseding or otherwise”, “application of”, “relating to vehicle weight limitations”, and “relating to vehicle length and vehicle width limitations, respectively” are omitted as surplus.
In subsection (f), the word “modify” is omitted as surplus and for consistency in the revised title. The words “issued by the Department of Transportation before November 16, 1990, and” are omitted as obsolete.

Amendments2012—Subsec. (c). Pub. L. 112–141 designated existing provisions as par. (1), inserted heading, and added par. (2).
2005—Subsec. (a)(1). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Study of Hazardous Materials Transportation by Motor Carriers Near Federal PrisonsPub. L. 103–311, title I, § 121, Aug. 26, 1994, 108 Stat. 1681, directed Secretary of Transportation to submit to Congress, not later than 1 year after Aug. 26, 1994, report on results of study to determine safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners, which was to include evaluation of ability of such facilities and designated local planning agencies to safely evacuate such prisoners in event of emergency and any special training, equipment, or personnel that would be required by such facility and designated local emergency planning agencies to carry out such evacuation.

§ 5113. Unsatisfactory safety rating
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, § 4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, § 7112(a), Aug. 10, 2005, 119 Stat. 1899.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5113(a)49 App.:1814(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117; added Nov. 3, 1990, Pub. L. 101–500, § 15(b)(1), 104 Stat. 1218.
5113(b)49 App.:1814(b).
5113(c)49 App.:1814(c).
5113(d)49 App.:2501 (note).Nov. 3, 1990, Pub. L. 101–500, § 15(b)(2), 104 Stat. 1219.

In subsections (a) and (c), the words “individuals” is substituted for “passengers, including the driver” for clarity and consistency.
In subsection (a), before clause (1), the words “Effective January 1, 1991” are omitted as obsolete. The words “to take such action as may be necessary ” are omitted as surplus.
In subsection (b), the words “from the Secretary” and “conditions and other” are omitted as surplus.
In subsection (d), the words “Not later than 1 year after the date of enactment of this Act” are omitted as obsolete.

Amendments2005—Pub. L. 109–59 amended text generally. Prior to amendment, text read as follows: “See section 31144.”
1998—Pub. L. 105–178 substituted “See section 31144.” for subsecs. (a) to (d) which related to unsatisfactory safety ratings.

§ 5114. Air transportation of ionizing radiation material(a) Transporting in Air Commerce.—Material that emits ionizing 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 shall prescribe procedures for monitoring and enforcing regulations prescribed 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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5114(a)49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, § 108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, § 10, 104 Stat. 3259.
5114(b)49 App.:1807(a) (last sentence).
5114(c)49 App.:1807(b) (last sentence).

In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus.
In subsection (b), the words “further” and “effective” are omitted as surplus.

Amendments2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.

§ 5115. Training curriculum for the public sector(a) In General.—In coordination with the Administrator of the Federal Emergency Management Agency, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Environmental Protection Agency, the Secretaries of Labor, Energy, and Health and Human Services, and the Director of the National Institute of Environmental Health Sciences, and using existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall maintain, and update periodically, a current curriculum of courses, including online curriculum as appropriate, necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material. 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 Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), representatives of commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001), persons (including governmental 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 maintained and updated under subsection (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 involving the transportation of hazardous material and to plan for those responses;

(B) recommended 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 material and to plan those responses; and

(C) appropriate emergency response training and planning programs for public sector employees developed with Federal financial assistance, including programs developed with grants made under section 126(g) 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 course described in clause (1)(B) of this subsection.

(c) Training on Complying With Legal Requirements.—A recommended 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 prescribed by the National Fire Protection Association and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate.

(d) Distribution and Publication.—With the National Response Team—(1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees 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 may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 103–429, § 6(5), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §§ 7113, 7126, Aug. 10, 2005, 119 Stat. 1899, 1909; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–141, div. C, title III, § 33004(a), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VI, § 6013, Dec. 4, 2015, 129 Stat. 1570.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5115(a)49 App.:1815(g)(1), (5).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A (g)(1)–(6), (8); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3265, 3267.
5115(b)49 App.:1815(g)(2), (3).
5115(c)49 App.:1815(g)(4).
5115(d)(1)49 App.:1815(g)(6).
5115(d)(2)49 App.:1815(g)(8).

In subsection (c)(3), the words “including standards 471 and 472” are omitted as surplus.
In subsection (d)(1), the word “updates” is substituted for “amendments” for clarity.

Pub. L. 103–429This amends 49:5115(b)(1)(C) to make a cross-reference more precise.

Amendments2015—Subsec. (a). Pub. L. 114–94 inserted “, including online curriculum as appropriate,” after “a current curriculum of courses”.
2012—Subsecs. (b)(1)(B), (2), (c). Pub. L. 112–141 struck out “basic” after “recommended”.
2005—Subsec. (a). Pub. L. 109–59, § 7113(a), inserted heading and first sentence and struck out former heading and first sentence. Text read as follows: “Not later than November 16, 1992, in coordination with the Director of the Federal Emergency Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, Secretaries 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 Radiological 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 emergency response and preparedness teams.”
Subsec. (b). Pub. L. 109–59, § 7113(b)(1), substituted “maintained and updated” for “developed” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7113(b)(2), substituted “with Federal financial assistance, including programs” for “under other United States Government grant programs, including those”.
Subsec. (c)(3). Pub. L. 109–59, § 7113(c), inserted “and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate” before period at end.
Subsec. (d). Pub. L. 109–59, § 7113(d)(1), substituted “National Response Team” for “national response team” in introductory provisions.
Subsec. (d)(1). Pub. L. 109–59, § 7113(d)(2), substituted “Secretary” for “Director of the Federal Emergency Management Agency”.
Subsec. (d)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, § 7113(d)(3), inserted “and distribute” after “publish” and substituted “list of programs and courses maintained and updated under this section and of any programs utilizing such courses” for “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”.
1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted “126(g)” for “126”.

Change of Name
“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (a) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§ 5116. Planning and training grants, monitoring, and review(a) Planning and Training Grants.—(1) The Secretary shall make grants to States and Indian tribes—(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 on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe;

(B) to decide on the need for regional hazardous material emergency response teams; and

(C) to train public sector employees to respond to accidents and incidents involving hazardous material.

(2) To the extent that a grant is used to train emergency responders under paragraph (1)(C), the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.

(3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if—(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and

(B) any emergency response training provided under the grant shall consist of—(i) a course developed or identified under section 5115 of this title; or

(ii) any other course the Secretary determines is consistent with the objectives of this section.

(4) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes.

(5) A training grant under paragraph (1)(C) 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 training;

(B) by the State, political subdivision, or Indian tribe to provide the training; and

(C) to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if—(i) the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;

(ii) the person agrees to have an auditable accounting system; and

(iii) the State or Indian tribe conducts at least one on-site observation of the training each year.

(6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response planning and 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 Indian tribe;

(B) the types and amounts of hazardous material transported in the State or on such land;

(C) whether the State or Indian tribe imposes and collects a fee for transporting hazardous material;

(D) whether such fee is used only to carry out a purpose related to transporting hazardous material;

(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and

(F) any other factors the Secretary determines are appropriate to carry out this subsection.

(b) Compliance With Certain Law.—The Secretary 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 Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).

(c) Applications.—A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section.

(d) 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 subsection (a)(3)(A) of this section are not part of the non-Government share under this subsection.

(e) 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 Administrator 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, Administrators, and Director each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee.

(f) Delegation of Authority.—To minimize administrative costs and to coordinate Federal financial assistance for emergency response training and planning, the Secretary may delegate to the Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, and Secretaries 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.

(3) authority to review applications to recommend approval or disapproval.

(4) any other ministerial duty associated with grants under this section.

(g) Minimizing Duplication of Effort and Expenses.—The Secretaries of Transportation, Labor, and Energy, Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, 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.

(h) Annual Registration Fee Account and Its Uses.—The Secretary of the Treasury shall establish an account in the Treasury (to be known as the “Hazardous Materials Emergency Preparedness Fund”) into which the Secretary of the Treasury shall deposit amounts the Secretary of Transportation 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);

(2) to monitor and provide technical assistance under subsection (e) of this section;

(3) to publish and distribute an emergency response guide; and

(4) to pay administrative costs of carrying out this section and sections 5107(e) and 5108(g)(2) of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.

(i) Supplemental Training Grants.—(1) In order to further the purposes of subsection (a), the Secretary shall, subject to the availability of funds and through a competitive process, make a grant or make grants to national nonprofit fire service organizations for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.

(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—(A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and

(B) prioritize such needs and develop a means for identifying additional specific training needs.

(3) Funds granted to an organization under this subsection shall only be used—(A) to provide training, including portable training, for instructors to conduct hazardous materials response training programs;

(B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and

(C) to disseminate such information and materials as are necessary for the conduct of such training programs.

(4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to provide training, including portable training, for instructors to conduct hazardous materials response training programs in such fiscal year that will use—(A) a course or courses developed or identified under section 5115 of this title; or

(B) other courses which the Secretary determines are consistent with the objectives of this subsection;

for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall comply with Federal regulations and national consensus standards for hazardous materials response and be open to all such individuals on a nondiscriminatory basis.

(5) The Secretary may not award a grant to an organization under this subsection unless the organization ensures that emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.

(6) Notwithstanding paragraphs (1) and (3), to the extent determined appropriate by the Secretary, a grant awarded by the Secretary to an organization under this subsection to conduct hazardous material response training programs may be used to train individuals with responsibility to respond to accidents and incidents involving hazardous material.

(7) For the purposes of this subsection, the term “portable training” means live, instructor-led training provided by certified fire service instructors that can be offered in any suitable setting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources.

(8) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.

(j) Reports.—The Secretary shall submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available the report to the public. The report submitted under this subsection shall include information on the allocation and uses of the planning and training grants under subsection (a) and grants under subsection (i) of this section and under subsections (e) and (i) of section 5107. The report submitted under this subsection shall identify the ultimate recipients of such grants and include—(1) a detailed accounting and description of each grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure;

(2) the number of persons trained under the grant program, by training level;

(3) an evaluation of the efficacy of such planning and training programs; and

(4) any recommendations the Secretary may have for improving such grant programs.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 773; Pub. L. 103–311, title I, §§ 105, 119(a), (d)(2), (3), Aug. 26, 1994, 108 Stat. 1673, 1679, 1680; Pub. L. 103–429, § 7(c), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104–287, §§ 5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389, 3398; Pub. L. 109–59, title VII, §§ 7114(a)–(d)(2), (e), 7126, Aug. 10, 2005, 119 Stat. 1900, 1909; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–141, div. C, title III, § 33004(b), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VII, § 7203(a), (b)(2), Dec. 4, 2015, 129 Stat. 1589, 1591.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5116(a)49 App.:1815(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A(a)–(f), (g)(7), (9), (h)(6); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3263, 3266, 3267, 3268.
5116(b)(1)49 App.:1815(b)(1).
5116(b)(2)49 App.:1815(b) (2)–(4).
5116(b)(3)49 App.:1815(b)(5), (6).
5116(b)(4)49 App.:1815(b)(7).
5116(c)49 App.:1815(c).
5116(d)49 App.:1815(e).
5116(e)49 App.:1815(d).
5116(f)49 App.:1815(g)(7).
5116(g)49 App.:1815(f).
5116(h)49 App.:1815(g)(9).
5116(i)49 App.:1815(h)(6).

In subsections (a)(2)(A) and (b)(2)(A), the words “at least equal” are substituted for “be maintained at a level which does not fall below” to eliminate unnecessary words.
In subsection (a)(2)(B), the words “by the State emergency response commission” are omitted as surplus.
In subsection (b)(2)(B)(i), the words “or courses” are omitted because of 1:1.
In subsection (c), the words “including compliance with such sections with respect to accidents and incidents involving the transportation of hazardous materials” are omitted as surplus.
In subsection (d), the word “section” is substituted for “subsection” for clarity because there are no objectives in the subsection being restated.
In subsection (e), the words “A grant under this section is for” are substituted for “By a grant under this section, the Secretary shall reimburse any State or Indian tribe an amount not to exceed” to eliminate unnecessary words and for consistency in the revised title. The words “which are required to be expended under subsections (a)(2) and (b)(2) of this section” are omitted as surplus. The words “under this subsection” are added for clarity.
In subsection (h), the words “including coordination of training programs” are omitted as surplus.

Pub. L. 104–287, § 5(8)This amends 49:5116(j)(4)(A) to correct an erroneous cross-reference.

References in TextThe Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), is title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728, which is classified generally to chapter 116 (§ 11001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11001 of Title 42 and Tables.

Amendments2015—Subsec. (a). Pub. L. 114–94, § 7203(a)(3), added subsec. (a) and struck out former subsec. (a) which related to planning grants.
Subsecs. (b), (c). Pub. L. 114–94, § 7203(a)(1), (2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to training grants.
Subsec. (d). Pub. L. 114–94, § 7203(a)(1), (b)(2)(A), redesignated subsec. (e) as (d) and substituted “subsection (a)(3)(A)” for “subsections (a)(2)(A) and (b)(2)(A)”. Former subsec. (d) redesignated (c).
Subsecs. (e) to (g). Pub. L. 114–94, § 7203(a)(1), redesignated subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e) redesignated (d).
Subsec. (h). Pub. L. 114–94, § 7203(a)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(1). Pub. L. 114–94, § 7203(b)(2)(B)(i), inserted “and section 5107(e)” after “section”.
Subsec. (h)(2). Pub. L. 114–94, § 7203(b)(2)(B)(ii), substituted “subsection (e)” for “subsection (f)”.
Subsec. (h)(4). Pub. L. 114–94, § 7203(b)(2)(B)(iii), substituted “5107(e) and 5108(g)(2)” for “5108(g)(2) and 5115”.
Subsec. (i). Pub. L. 114–94, § 7203(a)(1), (b)(2)(C), redesignated subsec. (j) as (i) and substituted “subsection (a)” for “subsection (b)” in par. (1). Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 114–94, § 7203(b)(2)(D), substituted, in introductory provisions, “planning and training grants under subsection (a) and grants under subsection (i) of this section and under subsections (e) and (i) of section 5107” for “planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively.
Pub. L. 114–94, § 7203(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (k). Pub. L. 114–94, § 7203(a)(1), redesignated subsec. (k) as (j).
2012—Subsec. (b)(1). Pub. L. 112–141, § 33004(b)(1), inserted at end “To the extent that a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.”
Subsec. (j)(1). Pub. L. 112–141, § 33004(b)(2)(A), substituted “funds and through a competitive process, make a grant or make grants to national nonprofit fire service organizations for” for “funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for”.
Subsec. (j)(3)(A). Pub. L. 112–141, § 33004(b)(2)(B), substituted “provide training, including portable training, for” for “train”.
Subsec. (j)(4). Pub. L. 112–141, § 33004(b)(2)(C)(ii), which directed insertion of “comply with Federal regulations and national consensus standards for hazardous materials response and” after “training course shall”, was executed by making the insertion after “training courses shall” in concluding provisions, to reflect the probable intent of Congress.
Pub. L. 112–141, § 33004(b)(2)(C)(i), substituted “provide training, including portable training, for” for “train” in introductory provisions.
Subsec. (j)(5) to (8). Pub. L. 112–141, § 33004(b)(2)(D), (E), added pars. (5) to (7) and redesignated former par. (5) as (8).
Subsec. (k). Pub. L. 112–141, § 33004(b)(3), substituted “an annual report” for “annually” and inserted “the report” after “make available” in first sentence, substituted “. The report submitted under this subsection shall include information” for “information” and “The report submitted under this subsection shall identify the ultimate recipients of such grants and include—” for “The report shall identify the ultimate recipients of training grants and include a detailed accounting of all grant expenditures by grant recipients, the number of persons trained under the grant programs, and an evaluation of the efficacy of training programs carried out.”, and added pars. (A) to (D).
2005—Subsec. (a)(1), (2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 109–59, § 7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–59, § 7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(3)(C), (4). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of par. (3)(C) and “Secretary shall allocate” for “Secretary of Transportation shall allocate” in introductory provisions of par. (4).
Subsecs. (c), (d). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (c) and “Secretary.” for “Secretary of Transportation.” in subsec. (d).
Subsec. (f). Pub. L. 109–59, § 7114(b), substituted “National Response Team” for “national response team”.
Subsec. (g). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, § 7114(c), substituted “Federal financial assistance” for “Government grant programs” in introductory provisions.
Subsec. (i). Pub. L. 109–59, § 7114(d)(1), (2), in introductory provisions, inserted “(to be known as the ‘Hazardous Materials Emergency Preparedness Fund’)” after “an account in the Treasury” and struck out “collects under section 5108(g)(2)(A) of this title and” before “transfers to the Secretary”, added par. (3), and redesignated former par. (3) as (4) and substituted “2 percent” for “10 percent”.
Subsec. (k). Pub. L. 109–59, § 7114(e), substituted “The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public information on the allocation and uses of the planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” for “Not later than September 30, 1997, the Secretary shall submit to Congress a report on the allocation and uses of training grants authorized under subsection (b) for fiscal year 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 5107 for fiscal years 1995 and 1996” and “The report” for “Such report”.
1996—Subsec. (a)(2). Pub. L. 104–287, § 6(b), made technical correction to directory language of Pub. L. 103–311, § 105(b)(2). See 1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104–287, § 5(8), substituted “section 5115 of this title” for “subsection (g)”.
1994—Subsec. (a)(1). Pub. L. 103–311, § 105(a), in introductory provisions inserted “and Indian tribes” after “States”, and in subpar. (A) substituted “on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe” for “in a State and between States”.
Subsec. (a)(2). Pub. L. 103–311, § 105(b)(2), as amended by Pub. L. 104–287, § 6(b), struck out “the State” after “only if” in introductory provisions.
Pub. L. 103–311, § 105(b)(1), inserted “or Indian tribe” after “grant to a State” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103–311, § 105(b)(1), (3), inserted “the State or Indian tribe” before “certifies” and “or Indian tribe” before “expends”.
Subsec. (a)(2)(B). Pub. L. 103–311, § 105(b)(4), inserted “the State” before “agrees”.
Subsec. (a)(3). Pub. L. 103–311, § 105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103–311, § 119(d)(2), as amended by Pub. L. 103–429, struck out “and section 5107(e) of this title” after “under this section”.
Subsec. (i)(3). Pub. L. 103–311, § 119(d)(3), as amended by Pub. L. 103–429, substituted “5108(g)(2)” for “5107(e), 5108(g)(2),”.
Subsecs. (j), (k). Pub. L. 103–311, § 119(a), added subsecs. (j) and (k).

Change of Name
“Administrator of the Federal Emergency Management Agency”, “Administrators, and Director”, and “Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences” substituted for “Director of the Federal Emergency Management Agency”, “Administrator, and Directors”, and “Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences”, respectively, in subsecs. (f) to (h), on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentPub. L. 104–287, § 6(b), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by section 6(b) is effective Aug. 26, 1994.

Effective Date of 1994 AmendmentPub. L. 103–429, § 7(c), Oct. 31, 1994, 108 Stat. 4389, provided that the amendment made by section 7(c) is effective Aug. 26, 1994.

Savings ClausePub. L. 114–94, div. A, title VII, § 7203(c), Dec. 4, 2015, 129 Stat. 1591, provided that: “Nothing in this section [amending this section and section 5108 of this title] may be construed to prohibit the Secretary [of Transportation] from recovering and deobligating funds from grants that are not managed or expended in compliance with a grant agreement.”

§ 5117. Special permits and exclusions(a) Authority To Issue Special Permits.—(1) As provided under procedures prescribed by regulation, the Secretary may issue, modify, or terminate a special permit authorizing a variance from this chapter or a regulation prescribed under section 5103(b), 5104, 5110, or 5112 of this title to a person performing a function regulated by the Secretary under section 5103(b)(1) in a way that achieves a safety level—(A) at least equal to the safety level required under this chapter; or

(B) consistent with the public interest and this chapter, if a required safety level does not exist.

(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.

(b) Applications.—When applying for a special permit or renewal of a special permit under this section, the person must provide a safety analysis prescribed by the Secretary that justifies the special permit. The Secretary shall publish in the Federal Register notice that an application for a new special permit or a modification to an existing special permit has been filed and shall give the public an opportunity to inspect the safety analysis and comment on the application. The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days. This subsection does not require the release of information protected by law from public disclosure.

(c) Applications To Be Dealt With Promptly.—The Secretary shall issue or renew a special permit or approval for which an application was filed or deny such issuance or renewal within 120 days after the first day of the month following the date of the filing of such application, or the Secretary shall make available to the public a statement of the reason why the Secretary’s decision on a special permit or approval is delayed, along with an estimate of the additional time necessary before the decision is made.

(d) Exclusions.—(1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this chapter—(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 11 See References in Text note below. (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.

(e) Limitation on Authority.—Unless the Secretary decides that an emergency exists, a special permit or renewal granted under this section is the only way a person subject to this chapter may be granted a variance from this chapter.

(f) Incorporation Into Regulations.—(1) In general.—Not later than 1 year after the date on which a special permit has been in continuous effect for a 10-year period, the Secretary shall conduct a review and analysis of that special permit to determine whether it may be converted into the hazardous materials regulations.

(2) Factors.—In conducting the review and analysis under paragraph (1), the Secretary may consider—(A) the safety record for hazardous materials transported under the special permit;

(B) the application of a special permit;

(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and

(D) rulemaking activity in related areas.

(3) Rulemaking.—After completing the review and analysis under paragraph (1) and after providing notice and opportunity for public comment, the Secretary shall either institute a rulemaking to incorporate the special permit into the hazardous materials regulations or publish in the Federal Register the Secretary’s justification for why the special permit is not appropriate for incorporation into the regulations.

(g) Disclosure of Final Action.—The Secretary shall periodically, but at least every 120 days—(1) publish in the Federal Register notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and

(2) make available to the public on the Department of Transportation’s Internet Web site notice of the final disposition of any other special permit during the preceding quarter.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 776; Pub. L. 103–311, title I, § 120(a), Aug. 26, 1994, 108 Stat. 1680; Pub. L. 109–59, title VII, §§ 7115(a)(1), (b)–(g), 7126, Aug. 10, 2005, 119 Stat. 1901, 1909; Pub. L. 112–141, div. C, title III, § 33012(c), July 6, 2012, 126 Stat. 839; Pub. L. 114–94, div. A, title VII, § 7204, Dec. 4, 2015, 129 Stat. 1592.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5117(a)49 App.:1806(a) (1st, 2d sentences).Jan. 3, 1975, Pub. L. 93–633, § 107, 88 Stat. 2158; Nov. 16, 1990, Pub. L. 101–615, § 9, 104 Stat. 3259.
5117(b)49 App.:1806(a) (3d–last sentences).
5117(c)(1)49 App.:1806(b).
5117(c)(2)49 App.:1806(c).
5117(d)49 App.:1806(d).

In subsection (a)(1), before clause (A), the words “or renew” and “subject to the requirements of this chapter” are omitted as surplus. In clause (A), the words “at least equal to the safety level required under this chapter” are substituted for “which is equal to or exceeds that level of safety which would be required in the absence of such exemption” to eliminate unnecessary words.
In subsection (a)(2), the words “issued or renewed” are omitted as surplus.
In subsection (b), the words “upon application” and “grant of such” are omitted as surplus. The words “give the public an opportunity to inspect” are substituted for “afford access to . . . public” for clarity. The words “described by subsection (b) of section 552 of title 5, or which is otherwise” are omitted as surplus.
In subsection (c)(1), clauses (A) and (B) are substituted for “any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section”. Section 201 of that Act amended section 4417a of the Revised Statutes (classified at 46:391a prior to its repeal and reenactment as part of the codification of subtitle II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently amended. Clause (C) is substituted for “any other vessel regulated under such Act, to the extent of such regulation” because of the restatement.
In subsection (c)(2), before clause (A), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.
In subsection (d), the words “by which”, “the requirements of”, and “or relieved of the obligation to meet any requirements imposed under” are omitted as surplus.

References in TextThe Ports and Waterways Safety Act of 1972, referred to in subsec. (d)(1)(C), is Pub. L. 92–340, July 10, 1972, 86 Stat. 424, which was renamed the Ports and Waterways Safety Act by Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471, and was classified generally to chapter 25 (§ 1221 et seq.) of Title 33, Navigation and Navigable Waters, prior to repeal by Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264. See Transitional and Savings Provisions note preceding section 101 of Title 46, Shipping, and chapter 700 (§ 70001 et seq.) of Title 46.

Amendments2015—Subsec. (b). Pub. L. 114–94, § 7204(1), substituted “an application for a new special permit or a modification to an existing special permit” for “an application for a special permit” and inserted “The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days.” before “This subsection”.
Subsec. (c). Pub. L. 114–94, § 7204(2), substituted “a special permit or approval” for “the special permit” in two places, “120 days” for “180 days”, and “make available to the public” for “publish”, and struck out “in the Federal Register” after “a statement”.
Subsec. (g). Pub. L. 114–94, § 7204(3), added subsec. (g).
2012—Subsec. (f). Pub. L. 112–141 added subsec. (f).
2005—Pub. L. 109–59, § 7115(a)(1), substituted “Special permits and exclusions” for “Exemptions and exclusions” in section catchline.
Subsec. (a). Pub. L. 109–59, § 7115(b), substituted “Issue Special Permits” for “Exempt” in heading.
Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, § 7115(c), in introductory provisions, substituted “issue, modify, or terminate a special permit authorizing a variance” for “issue an exemption” and “performing a function regulated by the Secretary under section 5103(b)(1)” for “transporting, or causing to be transported, hazardous material”.
Subsec. (a)(2). Pub. L. 109–59, § 7115(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary.”
Subsec. (b). Pub. L. 109–59, § 7115(e), substituted “the special permit” for “the exemption” and substituted “a special permit” for “an exemption” wherever appearing.
Subsec. (c). Pub. L. 109–59, § 7115(f), substituted “the special permit” for “the exemption” in two places.
Subsec. (e). Pub. L. 109–59, § 7115(g), substituted “a special permit” for “an exemption” and “be granted a variance” for “be exempt”.
1994—Subsecs. (c) to (e). Pub. L. 103–311 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Special Permits, Approvals, and ExclusionsPub. L. 112–141, div. C, title III, § 33012(a), (b), July 6, 2012, 126 Stat. 838, provided that:
“(a) Rulemaking.—Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation], after providing notice and an opportunity for public comment, shall issue regulations that establish—“(1) standard operating procedures to support administration of the special permit and approval programs; and

“(2) objective criteria to support the evaluation of special permit and approval applications.

“(b) Review of Special Permits.—“(1) Review.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a review and analysis of special permits that have been in continuous effect for a 10-year period to determine which special permits may be converted into the hazardous materials regulations.

“(2) Factors.—In conducting the review and analysis under paragraph (1), the Secretary may consider—“(A) the safety record for hazardous materials transported under the special permit;

“(B) the application of a special permit;

“(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and

“(D) rulemaking activity in related areas.

“(3) Rulemaking.—After completing the review and analysis under paragraph (1), but not later than 3 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Secretary shall issue regulations to incorporate into the hazardous materials regulations any special permits identified in the review under paragraph (1) that the Secretary determines are appropriate for incorporation, based on the factors identified in paragraph (2).”

§ 5118. Hazardous material technical assessment, research and development, and analysis program(a) Risk Reduction.—(1) Program authorized.—The Secretary of Transportation may develop and implement a hazardous material technical assessment, research and development, and analysis program for the purpose of—(A) reducing the risks associated with the transportation of hazardous material; and

(B) identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous material.

(2) Coordination.—In developing the program under paragraph (1), the Secretary shall—(A) utilize information gathered from other modal administrations with similar programs;

(B) coordinate with other modal administrations, as appropriate; and

(C) coordinate, as appropriate, with other Federal agencies.

(b) Cooperation.—In carrying out subsection (a), the Secretary shall work cooperatively with regulated and other entities, including shippers, carriers, emergency responders, State and local officials, and academic institutions.

(c) Cooperative Research.—(1) In general.—As part of the program established under subsection (a), the Secretary may carry out cooperative research on hazardous materials transport.

(2) National academies.—The Secretary may enter into an agreement with the National Academies to support research described in paragraph (1).

(3) Research.—Research conducted under this subsection may include activities relating to—(A) emergency planning and response, including information and programs that can be readily assessed and implemented in local jurisdictions;

(B) risk analysis and perception and data assessment;

(C) commodity flow data, including voluntary collaboration between shippers and first responders for secure data exchange of critical information;

(D) integration of safety and security;

(E) cargo packaging and handling;

(F) hazmat release consequences; and

(G) materials and equipment testing.

(Added Pub. L. 112–141, div. C, title III, § 33007(a), July 6, 2012, 126 Stat. 835; amended Pub. L. 114–94, div. A, title VI, § 6014, Dec. 4, 2015, 129 Stat. 1570.)

Prior ProvisionsA prior section 5118, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, § 2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors, prior to repeal by Pub. L. 109–59, title VII, § 7115(h), Aug. 10, 2005, 119 Stat. 1901.

Amendments2015—Subsec. (a)(2)(C). Pub. L. 114–94, § 6014(1), added subpar. (C).
Subsec. (c). Pub. L. 114–94, § 6014(2), added subsec. (c).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5119. Uniform forms and procedures(a) Establishment of Working Group.—The Secretary 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, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.

(b) Purpose of Working Group.—The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State.

(c) Limitation on Working Group.—The working group may not propose to define or limit the amount of a fee a State may impose or collect.

(d) Procedure.—The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards.

(e) Report of Working Group.—Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).

(f) Regulations.—Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.

(g) Limitation on Statutory Construction.—Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 109–59, title VII, § 7116, Aug. 10, 2005, 119 Stat. 1901.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5119(a)49 App.:1819(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, § 507, 106 Stat. 3312.
5119(b)49 App.:1819(b), (c).
5119(c)(1)49 App.:1819(d).
5119(c)(2)49 App.:1819(e).
5119(c)(3)49 App.:1819(f).
5119(d)49 App.:1819(g).

In subsection (a), before clause (1), the words “As soon as practicable after November 16, 1990” are omitted as obsolete.
In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.

References in TextThe date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws.
1996—Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

§ 5120. International uniformity of standards and requirements(a) Participation in International Forums.—Subject to guidance and direction from the Secretary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.

(b) Consultation.—The Secretary may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to transporting hazardous material that international authorities adopt.

(c) Differences With International Standards and Requirements.—This section—(1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and

(2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 778; Pub. L. 109–59, title VII, §§ 7117, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5120(a)49 App.:1804(d)(1).Jan. 3, 1975, Pub. L. 93–633, § 105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 § 4, 104 Stat. 3252.
5120(b)49 App.:1804(d)(2) (1st sentence).
5120(c)49 App.:1804(d)(2) (last sentence).

Amendments2005—Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, § 7117(a), inserted “and requirements” after “standards”.
Subsec. (c)(1). Pub. L. 109–59, § 7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”.
Pub. L. 109–59, § 7117(b)(1), inserted “or requirement” after “standard” wherever appearing.
Subsec. (c)(2). Pub. L. 109–59, § 7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.

§ 5121. Administrative(a) General Authority.—To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or approval issued, under this chapter.

(b) Records, Reports, and Information.—A person subject to this chapter shall—(1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and

(2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.

(c) Inspections and Investigations.—(1) In general.—A designated officer, employee, or agent of the Secretary—(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);

(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;

(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and

(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);

(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;

(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis;

(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection; and

(G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible for the package reasonable notice of—(i) his or her decision to exercise his or her authority under paragraph (1);

(ii) any findings made; and

(iii) any actions being taken as a result of a finding of noncompliance.

(2) Display of credentials.—An officer, employee, or agent acting under this subsection shall display proper credentials, in person or in writing, when requested.

(3) Safe resumption of transportation.—In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist—(A) in the safe and prompt resumption of transportation of the package concerned; or

(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.

(d) Emergency Orders.—(1) In general.—If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.

(2) Written orders.—The action of the Secretary under paragraph (1) shall be in a written emergency order that—(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;

(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and

(C) describes the standards and procedures for obtaining relief from the order.

(3) Opportunity for review.—After taking action under paragraph (1), the Secretary shall provide for review of the action under section 554 of title 5 if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action.

(4) Expiration of effectiveness of order.—If a petition for review of an action is filed under paragraph (3) and the review under that paragraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action continues to exist.

(5) Out-of-service order defined.—In this subsection, the term “out-of-service order” means a requirement that an aircraft, vessel, motor vehicle, train, railcar, locomotive, other vehicle, transport unit, transport vehicle, freight container, potable tank, or other package not be moved until specified conditions have been met.

(e) Regulations.—(1) Temporary regulations.—Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2).

(2) Final regulations.—Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.

(3) Matters to be addressed.—The regulations issued under this subsection shall address—(A) the safe and expeditious resumption of transportation of perishable hazardous material, including radiopharmaceuticals and other medical products, that may require timely delivery due to life-threatening situations;

(B) the means by which—(i) noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; and

(ii) noncompliant packages that do not present a hazard are moved to their final destination;

(C) appropriate training and equipment for inspectors; and

(D) the proper closure of packaging in accordance with the hazardous material regulations.

(f) Facility, Staff, and Reporting System on Risks, Emergencies, 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 and material alleged to be hazardous;

(B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting 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 transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.

(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.

(g) Grants and Cooperative Agreements.—The Secretary may enter into grants and cooperative agreements with a person, agency, or instrumentality of the United States, a unit of State or local government, an Indian tribe, a foreign government (in coordination with the Department of State), an educational institution, or other appropriate entity—(1) to expand risk assessment and emergency response capabilities with respect to the safety and security of transportation of hazardous material;

(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;

(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or

(4) to otherwise carry out this chapter.

(h) Report.—The Secretary shall, once every 2 years, prepare and make available to the public on the Department of Transportation’s Internet Web site a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years. 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 regulations, criteria, orders, and special permits;

(3) a summary of the basis for each special permit;

(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) 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.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 779; Pub. L. 103–311, title I, §§ 108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674, 1678; Pub. L. 109–59, title VII, §§ 7118, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909; Pub. L. 110–244, title III, § 302(e), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title II, § 32501(c), title III, § 33009(a), (b)(1), (c), July 6, 2012, 126 Stat. 803, 836, 837; Pub. L. 114–94, div. A, title VII, § 7205, Dec. 4, 2015, 129 Stat. 1592.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5121(a)49 App.:1808(a) (1st sentence, last sentence words before semicolon).Jan. 3, 1975, Pub. L. 93–633, § 109(a) (1st sentence, last sentence words before semicolon), (b), (c), 88 Stat. 2159.
5121(b)49 App.:1808(b).
5121(c)49 App.:1808(c).
5121(d)49 App.:1808(d).Jan. 3, 1975, Pub. L. 93–633, § 109(d), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, § 1(a), 98 Stat. 2907; Nov. 16, 1990, Pub. L. 101–615, § 11, 104 Stat. 3259.
5121(e)49 App.:1808(e).Jan. 3, 1975, Pub. L. 93–633, § 109(e), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, § 1(b), 98 Stat. 2907.

In subsection (a), the words “to the extent necessary . . . his responsibilities under” and “relevant” are omitted as surplus. The word “documents” is omitted as being included in “records”. The words “directly or indirectly” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words “requirements under” are omitted as surplus. In clause (1), the words “establish and” are omitted as surplus. The word “requires” is substituted for “prescribe” for clarity and consistency.
In subsection (c)(1), before clause (A), the words “enter upon . . . and examine” and “of persons to the extent such records and properties” are omitted as surplus. In clause (B), the words “or shipment by any person” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “establish and” are omitted as executed. In clause (B), the words “capable of” are substituted for “so as to be able to” to eliminate unnecessary words. The words “technical and other” and “of communities” are omitted as surplus. The words “and employees” are added for consistency in the revised title and with other titles of the Code. In clause (C), the words “in order” and “to be able to” are omitted as surplus.
In subsection (e), before clause (1), the words “prepare and” and “comprehensive” are omitted as surplus. In clause (1), the word “thorough” is omitted as surplus. In clause (2), the words “in effect” are omitted as surplus. In clause (3), the words “granted or maintained” are omitted as surplus. In clause (6), the words “additional . . . as are deemed necessary or” are omitted as surplus.

References in TextThe date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, referred to in subsec. (e), is the date of enactment of title VII of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments2015—Subsec. (h). Pub. L. 114–94 substituted “make available to the public on the Department of Transportation’s Internet Web site” for “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions.
2012—Subsec. (c)(1)(G). Pub. L. 112–141, § 33009(a), added subpar. (G).
Subsec. (c)(2). Pub. L. 112–141, § 32501(c), inserted “, in person or in writing,” after “proper credentials”.
Subsec. (e)(3). Pub. L. 112–141, § 33009(b)(1), added par. (3).
Subsec. (g)(1). Pub. L. 112–141, § 33009(c), inserted “safety and” before “security”.
2008—Subsec. (h)(2). Pub. L. 110–244, § 302(e)(1), substituted “special permits” for “exemptions”.
Subsec. (h)(3). Pub. L. 110–244, § 302(e)(2), substituted “special permit” for “exemption”.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary may investigate” for “Secretary of Transportation may investigate”.
Pub. L. 109–59, § 7118(a), inserted “conduct tests,” after “investigate,” and substituted “Except as provided in subsections (c) and (d), after” for “After” and “regulation prescribed, or an order, special permit, or approval issued,” for “regulation prescribed”.
Subsec. (b)(1). Pub. L. 109–59, § 7118(b)(1), inserted “and property” after “records”.
Subsec. (b)(2). Pub. L. 109–59, § 7118(b)(2), inserted “property,” after “records,” and “for inspection” after “available” and substituted “undertakes an investigation or makes a request” for “requests”.
Subsec. (c). Pub. L. 109–59, § 7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
“(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to—
“(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material 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.”
Subsecs. (d), (e). Pub. L. 109–59, § 7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively.
Subsec. (f). Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 109–59, § 7118(e), added subsec. (g).
Subsec. (h). Pub. L. 109–59, § 7118(f)(1), substituted “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” for “submit to the President for transmittal to the Congress” in introductory provisions.
Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (e) as (h).
Subsec. (h)(4). Pub. L. 109–59, § 7118(f)(2), inserted “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”.
1994—Subsec. (c)(1)(A). Pub. L. 103–311, § 117(a)(2), substituted “a packaging or a” for “a package or”.
Subsec. (e). Pub. L. 103–311, § 108, substituted “Report” for “Annual Report” in heading and substituted first sentence for former first sentence which read as follows: “The Secretary shall submit to the President, 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.”

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Paperless Hazard Communications Pilot ProgramPub. L. 112–141, div. C, title III, § 33005, July 6, 2012, 126 Stat. 833, provided that:
“(a) In General.—The Secretary [of Transportation] may conduct pilot projects to evaluate the feasibility and effectiveness of using paperless hazard communications systems. At least 1 of the pilot projects under this section shall take place in a rural area.

“(b) Requirements.—In conducting pilot projects under this section, the Secretary—“(1) may not waive the requirements under section 5110 of title 49, United States Code; and

“(2) shall consult with organizations representing—“(A) fire services personnel;

“(B) law enforcement and other appropriate enforcement personnel;

“(C) other emergency response providers;

“(D) persons who offer hazardous material for transportation;

“(E) persons who transport hazardous material by air, highway, rail, and water; and

“(F) employees of persons who transport or offer for transportation hazardous material by air, highway, rail, and water.

“(c) Report.—Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall—“(1) prepare a report on the results of the pilot projects carried out under this section, including—“(A) a detailed description of the pilot projects;

“(B) an evaluation of each pilot project, including an evaluation of the performance of each paperless hazard communications system in such project;

“(C) an assessment of the safety and security impact of using paperless hazard communications systems, including any impact on the public, emergency response, law enforcement, and the conduct of inspections and investigations;

“(D) an analysis of the associated benefits and costs of using the paperless hazard communications systems for each mode of transportation; and

“(E) a recommendation that incorporates the information gathered in subparagraphs (A), (B), (C), and (D) on whether paperless hazard communications systems should be permanently incorporated into the Federal hazardous material transportation safety program under chapter 51 of title 49, United States Code; and

“(2) submit a final report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the pilot projects carried out under this section, including the matters described in paragraph (1).

“(d) Paperless Hazard Communications System Defined.—In this section, the term ‘paperless hazard communications system’ means the use of advanced communications methods, such as wireless communications devices, to convey hazard information between all parties in the transportation chain, including emergency responders and law enforcement personnel. The format of communication may be equivalent to that used by the carrier.”

Hazardous Material Enforcement TrainingPub. L. 112–141, div. C, title III, § 33008, July 6, 2012, 126 Stat. 836, provided that:
“(a) In General.—Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall develop uniform performance standards for training hazardous material inspectors and investigators on—“(1) how to collect, analyze, and publish findings from inspections and investigations of accidents or incidents involving the transportation of hazardous material; and

“(2) how to identify noncompliance with regulations issued under chapter 51 of title 49, United States Code, and take appropriate enforcement action.

“(b) Standards and Guidelines.—The Secretary may develop—“(1) guidelines for hazardous material inspector and investigator qualifications;

“(2) best practices and standards for hazardous material inspector and investigator training programs; and

“(3) standard protocols to coordinate investigation efforts among Federal, State, and local jurisdictions on accidents or incidents involving the transportation of hazardous material.

“(c) Availability.—The standards, protocols, and guidelines established under this section—“(1) shall be mandatory for—“(A) the Department of Transportation’s multimodal personnel conducting hazardous material enforcement inspections or investigations; and

“(B) State employees who conduct federally funded compliance reviews, inspections, or investigations; and

“(2) shall be made available to Federal, State, and local hazardous material safety enforcement personnel.”

Finalizing RegulationsPub. L. 112–141, div. C, title III, § 33009(b)(2), July 6, 2012, 126 Stat. 837, provided that: “In accordance with section 5103(b)(2) of title 49, United States Code, not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall take all actions necessary to finalize a regulation under paragraph (1) of this subsection [amending this section].”

Toll Free Number for ReportingPub. L. 103–311, title I, § 116, Aug. 26, 1994, 108 Stat. 1678, provided that: “The Secretary of Transportation shall designate a toll free telephone number for transporters of hazardous materials and other individuals to report to the Secretary possible violations of chapter 51 of title 49, United States Code, or any order or regulation issued under that chapter.”

§ 5122. Enforcement(a) General.—At the request of the Secretary, 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, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.

(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 hazardous material responsible for the hazard; or

(B) to eliminate or mitigate the hazard.

(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.

(c) Withholding of Clearance.—(1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.

(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, § 312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§ 7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, § 17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5122(a)49 App.:1808(a) (last sentence words after semicolon).Jan. 3, 1975, Pub. L. 93–633, §§ 109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161.
 49 App.:1810(a).
5122(b)49 App.:1810(b).Jan. 3, 1975, Pub. L. 93–633, § 111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, § 3(b), 104 Stat. 3247.

In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.

Amendments2006—Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”.
Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”.
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

§ 5123. Civil penalty(a) Penalty.—(1) A person that knowingly violates this chapter or a regulation, order, special permit, or approval issued under this chapter is liable to the United States Government for a civil penalty of not more than $75,000 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) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000.

(3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450.

(4) 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 may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued 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;

(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 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 and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.

(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 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.

(g) Depositing Amounts Collected.—Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.

(h) Penalty for Obstruction of Inspections and Investigations.—(1) The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121.

(2) For the purposes of this subsection, the term “obstructs” means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation.

(i) Prohibition on Hazardous Material Operations After Nonpayment of Penalties.—(1) In general.—Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty.

(2) Exception.—Paragraph (1) shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11.

(3) Rulemaking.—Not later than 2 years after the date of enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that—(A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and

(B) ensures 11 So in original. Probably should be “ensure”. that the person described in subparagraph (A)—(i) is notified in writing; and

(ii) is given an opportunity to respond before the person is required to cease the activity.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 109–59, title VII, §§ 7120(a)–(c), 7126, Aug. 10, 2005, 119 Stat. 1905, 1906, 1909; Pub. L. 112–141, div. C, title III, § 33010, July 6, 2012, 126 Stat. 837.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5123(a)(1)49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence).Jan. 3, 1975, Pub. L. 93–633, § 110(a)(1), 88 Stat. 2160; Nov. 16, 1990, Pub. L. 101–615, § 12(a)(1), 104 Stat. 3259.
 49 App.:1809(a)(3).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 110(a)(3); added Nov. 16, 1990, Pub. L. 101–615, § 12(a)(2), 104 Stat. 3259.
5123(a)(2)49 App.:1809(a)(1) (2d sentence words after 4th comma).
5123(b)49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence).
5123(c)49 App.:1809(a)(1) (last sentence).
5123(d), (e)49 App.:1809(a)(2) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, § 110(a)(2), 88 Stat. 2160.
5123(f)49 App.:1809(a)(2) (2d sentence).
5123(g)49 App.:1809(a)(2) (last sentence).

In subsection (a)(1), before clause (1), the words “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” are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words.
In subsection (b), the word “impose” is substituted for “assessed” for consistency.
In subsection (c)(2), the words “the violator” are substituted for “the person found to have committed such violation” to eliminate unnecessary words.
In subsection (f), the words “imposed or compromised” are substituted for “of such penalty, when finally determined (or agreed upon in compromise)” to eliminate unnecessary words and for consistency. The words “liable for the penalty” are substituted for “charged” for clarity.

References in TextThe date of enactment of this subsection, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.

Amendments2012—Subsec. (a)(1). Pub. L. 112–141, § 33010(1)(A), in introductory provisions, struck out “at least $250 but” after “civil penalty of” and substituted “$75,000” for “$50,000”.
Subsec. (a)(2). Pub. L. 112–141, § 33010(1)(B), substituted “$175,000” for “$100,000”.
Subsec. (a)(3). Pub. L. 112–141, § 33010(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “If the violation is related to training, paragraph (1) shall be applied by substituting ‘$450’ for ‘$250’.”
Subsecs. (h), (i). Pub. L. 112–141, § 33010(2), added subsecs. (h) and (i).
2005—Subsec. (a)(1). Pub. L. 109–59, § 7120(a)(1), in introductory provisions substituted “regulation, order, special permit, or approval issued” for “regulation prescribed or order issued” and “$50,000” for “$25,000”.
Subsec. (a)(2) to (4). Pub. L. 109–59, § 7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, § 7120(b), substituted “regulation prescribed or order, special permit, or approval issued” for “regulation prescribed”.
Subsec. (d). Pub. L. 109–59, § 7120(c), substituted “section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.” for “section.”

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 2005 AmendmentPub. L. 109–59, title VII, § 7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that:
“(1) Hearing requirement.—The amendment made by subsection (b) [amending this section] shall take effect on the date of enactment of this Act [Aug. 10, 2005], and shall apply with respect to violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after that date.

“(2) Civil actions to collect.—The amendment made by subsection (c) [amending this section] shall apply with respect to civil penalties imposed on violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after the date of enactment of this Act [Aug. 10, 2005].”

§ 5124. Criminal penalty(a) In General.—A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.

(b) Knowing Violations.—For purposes of this section—(1) a person acts knowingly when—(A) the person has actual knowledge of the facts giving rise to the violation; or

(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and

(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.

(c) Willful Violations.—For purposes of this section, a person acts willfully when—(1) the person has knowledge of the facts giving rise to the violation; and

(2) the person has knowledge that the conduct was unlawful.

(d) Reckless Violations.—For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119 Stat. 1906.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

512449 App.:1809(b).Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259.

Amendments2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”

§ 5125. Preemption(a) General.—Except as provided in subsections (b), (c), and (e) of this section and unless authorized by another law of the United States, 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, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security 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, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.

(b) Substantive Differences.—(1) Except as provided in subsection (c) of this section and unless authorized by another law of the United States, a law, regulation, order, or other requirement 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, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, 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 documents 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 material and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident.

(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related 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. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard 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 designation 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), and is published in the Department’s hazardous materials route registry under section 5112(c).

(2)(A) A highway routing designation, limitation, or requirement 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)(1)(I) if the highway routing designation, limitation, or requirement was established 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 preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). The Secretary shall publish notice of the application in the Federal Register. The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made. 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 preemption from a court of competent jurisdiction instead of applying 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 or section 5119(f). 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) Fees.—(1) 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 transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.

(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall biennially report to the Secretary on—(A) the basis on which the fee is levied upon persons involved in such transportation;

(B) the purposes for which the revenues from the fee are used;

(C) the annual total amount of the revenues collected from the fee; and

(D) such other matters as the Secretary requests.

(g) Application of Each Preemption Standard.—Each standard for preemption in subsection (a), (b)(1), or (c), and in section 5119(f), is independent in its application to a requirement of a State, political subdivision of a State, or Indian tribe.

(h) Non-Federal Enforcement Standards.—This section does not apply to any procedure, penalty, required mental state, or other standard utilized by a State, political subdivision of a State, or Indian tribe to enforce a requirement applicable to the transportation of hazardous material.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 103–311, title I, §§ 107, 117(a)(2), 120(b), Aug. 26, 1994, 108 Stat. 1674, 1678, 1681; Pub. L. 103–429, § 6(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, § 1711(b), Nov. 25, 2002, 116 Stat. 2320; Pub. L. 109–59, title VII, §§ 7122, 7123(a), 7126, Aug. 10, 2005, 119 Stat. 1907, 1909; Pub. L. 110–244, title III, § 302(c), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title III, §§ 33006(d), 33011, 33013(b), July 6, 2012, 126 Stat. 835, 838, 839.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5125(a)49 App.:1811(a).Jan. 3, 1975, Pub. L. 93–633, § 112(a)–(e), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3259.
5125(b)49 App.:1804(a)(4), (5).Jan. 3, 1975, Pub. L. 93–633, § 105(a)(4), (5), (b)(4), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3247, 3250.
5125(c)49 App.:1804(b)(4).
5125(d)49 App.:1811(c).
5125(e)49 App.:1811(d).
5125(f)49 App.:1811(e).
5125(g)49 App.:1811(b).

In subsections (a) and (b)(1), the words “and unless authorized by Federal law” are omitted as surplus.
In subsection (a), before clause (1), the reference to subsections (b) and (c) is substituted for 49 App.:1811(a)(3) for clarity.
In subsection (b)(1), before clause (A), the words “ruling, provision” are omitted as surplus.
In subsection (b)(3), the word “imposes” is substituted for “assesses” for consistency.
In subsection (c)(1), the words “the procedural requirements of” and “the substantive requirements of” are omitted as surplus.
In subsection (c)(2)(A), the words “procedural requirements of the Federal standards established pursuant to” are omitted as surplus.
In subsection (f), the words “may bring a civil action for judicial review” are substituted for “may seek judicial review . . . only by filing a petition” for consistency in the revised title.

Pub. L. 103–429This amends 49:5125(a) and (b)(1) to clarify the restatement of 49 App.:1804(a)(4) and 1811(a) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 781).

Amendments2012—Subsec. (b)(1)(D). Pub. L. 112–141, § 33006(d), inserted “and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident” before period at end.
Subsec. (c)(1). Pub. L. 112–141, § 33013(b), inserted “, and is published in the Department’s hazardous materials route registry under section 5112(c)” before period at end.
Subsec. (f)(2). Pub. L. 112–141, § 33011, substituted “biennially” for “, upon the Secretary’s request,”.
2008—Subsec. (d)(1). Pub. L. 110–244, § 302(c)(1), substituted “5119(f)” for “5119(e)”.
Subsec. (e). Pub. L. 110–244, § 302(c)(2), substituted “5119(f)” for “5119(b)” in introductory provisions.
Subsec. (g). Pub. L. 110–244, § 302(c)(2), (3), substituted “(a), (b)(1), or (c)” for “(b), (c)(1), or (d)” and “5119(f)” for “5119(b)”.
2005—Subsec. (b)(1)(E). Pub. L. 109–59, § 7122(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.”
Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted “If the Secretary” for “If the Secretary of Transportation”.
Pub. L. 109–59, § 7122(a)(2), substituted “subjects that the Secretary prescribes. The” for “subjects that the Secretary prescribes after November 16, 1990. However, the”.
Subsec. (d)(1). Pub. L. 109–59, § 7122(b), inserted “or section 5119(e)” before period at end of first sentence.
Subsec. (e). Pub. L. 109–59, § 7122(c), inserted “or section 5119(b)” before period at end of first sentence.
Subsec. (f). Pub. L. 109–59, § 7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows: “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.”
Subsec. (g). Pub. L. 109–59, § 7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 109–59, § 7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively.
Pub. L. 109–59, § 7122(d), added subsecs. (h) and (i).
2002—Subsecs. (a), (b)(1). Pub. L. 107–296 substituted “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security” for “chapter or a regulation prescribed under this chapter” wherever appearing.
1994—Subsecs. (a), (b)(1). Pub. L. 103–429 inserted “and unless authorized by another law of the United States” after “section” in introductory provisions.
Subsec. (b)(1)(E). Pub. L. 103–311, § 117(a)(2), substituted “a packaging or a” for “a package or”.
Subsec. (d). Pub. L. 103–311, § 120(b), inserted after second sentence “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.”
Subsec. (g). Pub. L. 103–311, § 107, designated existing provisions as par. (1) and added par. (2).

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§ 5126. Relationship to other laws(a) Contracts.—A person under contract with a department, agency, or instrumentality of the United States Government that transports hazardous material, or causes hazardous material to be transported, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented as qualified for use in transporting hazardous material shall comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the Government, 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, designing, manufacturing, fabricating, inspecting, marking, maintaining, 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 regulations of the United States under this chapter or title 18 or 39.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, § 7124, Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title III, § 302(d), June 6, 2008, 122 Stat. 1618.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5126(a)49 App.:1818.Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 120; added Nov. 16, 1990, Pub. L. 101–615, § 20, 104 Stat. 3270.
5126(b)49 App.:1811(f).Jan. 3, 1975, Pub. L. 93–633, § 112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3260.

In subsection (a), the word “manufactures” is substituted for “manufacturers” to correct an error in the source provisions. The words “of the executive, legislative, or judicial branch”, “be subject to and”, “substantive and procedural”, and “this chapter or any other” are omitted as surplus.

Amendments2008—Subsec. (a). Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below.
2005—Subsec. (a). Pub. L. 109–59, § 7124(4), substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.
Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244, substituted “shall comply with this chapter” for “must comply with this chapter”.
Pub. L. 109–59, § 7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,” and “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”.
1994—Subsec. (a). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.

Effective Date of 2008 AmendmentAmendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

§ 5127. Judicial review(a) Filing and Venue.—Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.

(b) Judicial Procedures.—When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.

(c) Authority of Court.—The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.

(d) Requirement for Prior Objection.—In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

(Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)

Prior ProvisionsA prior section 5127 was renumbered section 5128 of this title.

§ 5128. Authorization of appropriations(a) In General.—There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)—(1) $53,000,000 for fiscal year 2016;

(2) $55,000,000 for fiscal year 2017;

(3) $57,000,000 for fiscal year 2018;

(4) $58,000,000 for fiscal year 2019; and

(5) $60,000,000 for fiscal year 2020.

(b) Hazardous Materials Emergency Preparedness Fund.—From the Hazardous Materials Emergency Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2016 through 2020—(1) $21,988,000 to carry out section 5116(a);

(2) $150,000 to carry out section 5116(e);

(3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and

(4) $1,000,000 to carry out section 5116(i).

(c) Hazardous Materials Training Grants.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $4,000,000 for each of fiscal years 2016 through 2020 to carry out section 5107(e).

(d) Community Safety Grants.—Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $1,000,000 for each of fiscal years 2016 through 2020 to carry out section 5107(i).

(e) Credits to Appropriations.—(1) Expenses.—In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority, or entity.

(2) Availability of amounts.—Amounts made available under this section shall remain available until expended.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783, § 5127; Pub. L. 103–311, title I, §§ 103, 119(b), (c)(4), Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered § 5128 and amended Pub. L. 109–59, title VII, §§ 7123(b), 7125, Aug. 10, 2005, 119 Stat. 1907, 1908; Pub. L. 110–244, title III, § 302(f), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title III, § 33017, July 6, 2012, 126 Stat. 841; Pub. L. 113–159, title I, § 1301, Aug. 8, 2014, 128 Stat. 1847; Pub. L. 114–21, title I, § 1301, May 29, 2015, 129 Stat. 225; Pub. L. 114–41, title I, § 1301, July 31, 2015, 129 Stat. 453; Pub. L. 114–73, title I, § 1301, Oct. 29, 2015, 129 Stat. 575; Pub. L. 114–87, title I, § 1301, Nov. 20, 2015, 129 Stat. 684; Pub. L. 114–94, div. A, title VII, § 7101, Dec. 4, 2015, 129 Stat. 1588.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5127(a)49 App.:1812(a).Jan. 3, 1975, Pub. L. 93–633, § 115, 88 Stat. 2164; July 19, 1975, Pub. L. 94–56, § 4, 89 Stat. 264; Oct. 11, 1976, Pub. L. 94–474, § 3, 90 Stat. 2068; Sept. 30, 1978, Pub. L. 95–403, 92 Stat. 863; Oct. 30, 1984, Pub. L. 98–559, § 2, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, § 14, 104 Stat. 3260; Oct. 24, 1992, Pub. L. 102–508, § 504, 106 Stat. 3311.
5127(b)49 App.:1816(d).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 118(d); added Nov. 16, 1990, Pub. L. 101–615, § 18, 104 Stat. 3269; Oct. 24, 1992, Pub. L. 102–508, § 506, 106 Stat. 3312.
5127(c)49 App.:1815(i)(3).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A(i); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3268.
5127(d)49 App.:1815(i)(1), (2), (4).
5127(e)49 App.:1819(h) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(h); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3272.
5127(f)49 App.:1812(b).
5127(g)49 App.:1815(i)(5).
 49 App.:1819(h) (last sentence).

In the section, references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsections (b), (c)(1), and (d), the words “amounts in” are omitted as surplus.
In subsection (c), the text of 49 App.:1815(i)(3)(A) is omitted as obsolete.
In subsection (c)(2), the words “relating to dissemination of the curriculum” are omitted as surplus.

Amendments2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2013 to 2015.
Subsec. (a)(3). Pub. L. 114–41, § 1301(a)(2), added par. (3) and struck out former par. (3) which read as follows: “$35,615,474 for the period beginning on October 1, 2014, and ending on July 31, 2015.”
Pub. L. 114–21, § 1301(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “$28,468,948 for the period beginning on October 1, 2014, and ending on May 31, 2015.”
Subsec. (a)(4). Pub. L. 114–87, § 1301(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “$5,958,639 for the period beginning on October 1, 2015, and ending on November 20, 2015.”
Pub. L. 114–73, § 1301(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “$3,388,246 for the period beginning on October 1, 2015, and ending on October 29, 2015.”
Pub. L. 114–41, § 1301(a), added par. (4).
Subsec. (b)(1). Pub. L. 114–41, § 1301(b)(1), substituted “Fiscal years 2013 through 2015”for “Fiscal years 2013 and 2014” in heading and “fiscal years 2013 through 2015” for “fiscal years 2013 and 2014” in introductory provisions.
Subsec. (b)(2). Pub. L. 114–87, § 1301(b), amended par. (2) generally. Prior to amendment, text read as follows: “From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2015, and ending on November 20, 2015—
“(A) $26,197 to carry out section 5115;
“(B) $3,037,705 to carry out subsections (a) and (b) of section 5116, of which not less than $1,902,049 shall be available to carry out section 5116(b);
“(C) $20,902 to carry out section 5116(f);
“(D) $87,090 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
“(E) $139,344 to carry out section 5116(j).”
Pub. L. 114–73, § 1301(b), amended par. (2) generally. Prior to amendment, text read as follows: “From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2015, and ending on October 29, 2015—
“(A) $14,896 to carry out section 5115;
“(B) $1,727,322 to carry out subsections (a) and (b) of section 5116, of which not less than $1,081,557 shall be available to carry out section 5116(b);
“(C) $11,885 to carry out section 5116(f);
“(D) $49,522 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
“(E) $79,235 to carry out section 5116(j).”
Pub. L. 114–41, § 1301(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on July 31, 2015—
“(A) $156,581 to carry out section 5115;
“(B) $18,156,712 to carry out subsections (a) and (b) of section 5116, of which not less than $11,368,767 shall be available to carry out section 5116(b);
“(C) $124,932 to carry out section 5116(f);
“(D) $520,548 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
“(E) $832,877 to carry out section 5116(j).”
Pub. L. 114–21, § 1301(b), amended par. (2) generally. Prior to amendment, text read as follows: “From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on May 31, 2015—
“(A) $125,162 to carry out section 5115;
“(B) $14,513,425 to carry out subsections (a) and (b) of section 5116, of which not less than $9,087,534 shall be available to carry out section 5116(b);
“(C) $99,863 to carry out section 5116(f);
“(D) $416,096 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
“(E) $665,753 to carry out section 5116(j).”
Subsec. (c). Pub. L. 114–87, § 1301(c), substituted “and $710,383 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $557,377 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1301(c), substituted “and $557,377 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $316,940 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1301(c), substituted “each of fiscal years 2013 through 2015 and $316,940 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “each of the fiscal years 2013 and 2014 and $3,331,507 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1301(c), substituted “and $3,331,507 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
2014—Subsec. (a)(3). Pub. L. 113–159, § 1301(a), added par. (3).
Subsec. (b). Pub. L. 113–159, § 1301(b), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1) and realigned margins, and added par. (2).
Subsec. (c). Pub. L. 113–159, § 1301(c), inserted “and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015,” after “2014”.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2005 to 2008.
2008—Pub. L. 110–244 substituted “Authorization” for “Authorizations” in section catchline.
2005—Pub. L. 109–59, § 7125, substituted “Authorizations” for “Authorization” in section catchline and amended text generally, substituting provisions relating to authorization of appropriations for fiscal years 2005 to 2008, consisting of subsecs. (a) to (f), for provisions relating to authorization of appropriations for fiscal years 1993 to 1998, consisting of subsecs. (a) to (g).
Pub. L. 109–59, § 7123(b), renumbered section 5127 of this title as this section.
1994—Subsec. (a). Pub. L. 103–311, § 103, substituted “fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for fiscal year 1997” for “the fiscal year ending September 30, 1993,”.
Subsec. (b). Pub. L. 103–311, § 119(c)(4), amended subsec. (b)(1) generally. Prior to amendment, subsec. (b)(1) read as follows:
“(b) Hazmat Employee Training.—(1) Not more than $250,000 is available to the Director of the National Institute of Environmental 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.”
Pub. L. 103–311, § 119(b), designated existing provisions as par. (1) and added par. (2).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

CHAPTER 53—PUBLIC TRANSPORTATION

Sec.

5301.Policies and purposes.

5302.Definitions.

5303.Metropolitan transportation planning.

5304.Statewide and nonmetropolitan transportation planning.

5305.Planning programs.

5306.Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations.

5307.Urbanized area formula grants.

[5308.Repealed.]

5309.Fixed guideway capital investment grants.

5310.Formula grants for the enhanced mobility of seniors and individuals with disabilities.

5311.Formula grants for rural areas.

5312.Public transportation innovation.

[5313.Repealed.]

5314.Technical assistance and workforce development.

5315.Private sector participation.

[5316, 5317.Repealed.]

5318.Bus testing facility.

[5319.Repealed.]

[5320.Repealed.]

5321.Crime prevention and security.

[5322.Repealed.]

5323.General provisions.

5324.Public transportation emergency relief program.

5325.Contract requirements.

5326.Transit asset management.

5327.Project management oversight.

[5328.Repealed.]

5329.Public transportation safety program.

5330.State safety oversight.11 Section repealed by Pub. L. 112–141 without corresponding amendment of chapter analysis.

5331.Alcohol and controlled substances testing.

5332.Nondiscrimination.

5333.Labor standards.

5334.Administrative provisions.

5335.National transit database.

5336.Apportionment of appropriations for formula grants.

5337.State of good repair grants.

5338.Authorizations.

5339.Grants for buses and bus facilities.

5340.Apportionments based on growing States and high density States formula factors.

Amendments2015—Pub. L. 114–94, div. A, title III, §§ 3008(c), 3009(b), 3017(b), 3030(b)–(d), Dec. 4, 2015, 129 Stat. 1469, 1473, 1487, 1496, 1497, substituted “Public transportation innovation” for “Research, development, demonstration, and deployment projects” in item 5312, “Technical assistance and workforce development” for “Technical assistance and standards development” in item 5314, and “Grants for buses and bus facilities” for “Bus and bus facilities formula grants” in item 5339, and struck out item 5313 “Transit cooperative research program”, item 5319 “Bicycle facilities”, and item 5322 “Human resources and training”.
2012—Pub. L. 112–141, div. B, § 20030(k), July 6, 2012, 126 Stat. 731, amended generally the analysis for this chapter, adding item 5326, substituting “Policies and purposes” for “Policies, findings, and purposes” in item 5301, “Statewide and nonmetropolitan transportation planning” for “Statewide transportation planning” in item 5304, “Fixed guideway capital investment grants” for “Capital investment grants” in item 5309, “Formula grants for the enhanced mobility of seniors and individuals with disabilities” for “Formula grants for special needs of elderly individuals and individuals with disabilities” in item 5310, “Formula grants for rural areas” for “Formula grants for other than urbanized areas” in item 5311, “Technical assistance and standards development” for “National research programs” in item 5314, “Private sector participation” for “National transit institute” in item 5315, “Human resources and training” for “Human resource programs” in item 5322, “General provisions” for “General provisions on assistance” in item 5323, “Public transportation emergency relief program” for “Special provisions for capital projects” in item 5324, “Public transportation safety program” for “Investigations of safety hazards and security risks” in item 5329, “State of good repair grants” for “Apportionment based on fixed guideway factors” in item 5337, and “Bus and bus facilities formula grants” for “Alternatives analysis program” in item 5339, and striking out items 5308 “Clean fuels grant program”, 5316 “Job access and reverse commute formula grants”, 5317 “New freedom program”, 5320 “Alternative transportation in parks and public lands, and 5328 “Project review”.
2005—Pub. L. 109–59, title III, §§ 3002(b)(1), 3005(c), 3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2), 3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b), 3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119 Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600, 1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted “PUBLIC” for “MASS” in chapter heading, substituted “transportation planning” for “planning” in item 5303, “Statewide transportation planning” for “Transportation improvement program” in item 5304, “Planning programs” for “Transportation management areas” in item 5305, “grant program” for “formula grant program” in item 5308, “grants” for “grants and loans” in item 5309, “Formula grants” for “Formula grants and loans” in item 5310, “grants” for “grant” in item 5311, “deployment” for “training” in item 5312, “Transit cooperative research program” for “State planning and research programs” in item 5313, “research programs” for “planning and research programs” in item 5314, “Alternative transportation in parks and public lands” for “Suspended light rail system technology pilot project” in item 5320, “Special provisions for capital projects” for “Limitations on discretionary and special needs grants and loans” in item 5324, “Investigations of safety hazards and security risks” for “Investigation of safety hazards” in item 5329, “State safety oversight” for “Withholding amounts for noncompliance with safety requirements” in item 5330, “National transit database” for “Reports and audits” in item 5335, and “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in item 5337, added items 5316, 5317, and 5340, and struck out item 5326 “Special procurements”.
Pub. L. 109–59, title III, § 3037(b), Aug. 10, 2005, 119 Stat. 1636, which directed amendment of the analysis for chapter 53 by striking the item relating to section 5339 and inserting a new item 5339, was executed by adding the new item 5339 after item 5338 to reflect the probable intent of Congress, because no item for section 5339 had been enacted.
1998—Pub. L. 105–178, title III, §§ 3007(a)(2), 3008(b), 3009(b), 3014(b), 3017(b), 3025(b)(2), title V, § 5110(c), June 9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted “Urbanized area formula grants” for “Block grants” in item 5307, “Clean fuels formula grant program” for “Mass Transit Account block grants” in item 5308, “Capital investment” for “Discretionary” in item 5309, “Formula grant” for “Financial assistance” in item 5311, and “transit” for “mass transportation” in item 5315, struck out items 5316 “University research institutes” and 5317 “Transportation centers”, and inserted “provisions” after “Administrative” in item 5334.
Pub. L. 105–178, title III, § 3013(b), June 9, 1998, 112 Stat. 359, which directed insertion of “formula” before “grants” in item 5310, was executed by substituting “Formula grants” for “Grants” to reflect the probable intent of Congress.
Pub. L. 105–178, title III, § 3027(d), as added by Pub. L. 105–206, title IX, § 9009(o)(2), July 22, 1998, 112 Stat. 858, substituted “formula grants” for “block grants” in item 5336.

§ 5301. Policies and purposes(a) Declaration of Policy.—It is in the interest of the United States, including the economic interest of the United States, to foster the development and revitalization of public transportation systems with the cooperation of both public transportation companies and private companies engaged in public transportation.

(b) General Purposes.—The purposes of this chapter are to—(1) provide funding to support public transportation;

(2) improve the development and delivery of capital projects;

(3) establish standards for the state of good repair of public transportation infrastructure and vehicles;

(4) promote continuing, cooperative, and comprehensive planning that improves the performance of the transportation network;

(5) establish a technical assistance program to assist recipients under this chapter to more effectively and efficiently provide public transportation service;

(6) continue Federal support for public transportation providers to deliver high quality service to all users, including individuals with disabilities, seniors, and individuals who depend on public transportation;

(7) support research, development, demonstration, and deployment projects dedicated to assisting in the delivery of efficient and effective public transportation service; and

(8) promote the development of the public transportation workforce.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 785; Pub. L. 109–59, title III, §§ 3002(b)(4), 3003, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 112–141, div. B, § 20003, July 6, 2012, 126 Stat. 622.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5301(a)49 App.:1607(a) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2098.
5301(b)49 App.:1601(a).July 9, 1964, Pub. L. 88–365, § 2, 78 Stat. 302; Dec. 18, 1991, Pub. L. 102–240, § 3005, 105 Stat. 2088.
 49 App.:1601b.Nov. 26, 1974, Pub. L. 93–503, § 2, 88 Stat. 1566.
5301(c)49 App.:1601a (1st sentence).Oct. 15, 1970, Pub. L. 91–453, § 1, 84 Stat. 962.
5301(d)49 App.:1612(a).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(a); added Oct. 15, 1970, Pub. L. 91–453, § 8, 84 Stat. 967; Dec. 18, 1991, Pub. L. 102–240, § 3021(1), 105 Stat. 2110.
5301(e)49 App.:1610(a) (1st sentence).July 9, 1964, Pub. L. 88–365, § 14(a) (1st sentence), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; restated Oct. 15, 1970, Pub. L. 91–453, § 6, 84 Stat. 966.
5301(f)49 App.:1601(b).
 49 App.:1601a (last sentence).

In subsection (b)(1), the words “the predominant part” in 49 App.:1601(a)(1) and “lives in urban areas” in 49 App.:1601b(1) are omitted because of the restatement. The words “metropolitan and other” in 49 App.:1601(a)(1) are omitted as surplus.
In subsection (b)(2), the words “housing, urban renewal, highway, and other”, “being”, “the . . . provision of”, and “transportation and other” in 49 App.:1601(a)(2) are omitted as surplus.
In subsection (b)(4), the words “the early 1970’s” are substituted for “recent years” in 49 App.:1601b(4), and the words “minimal mass transportation service” are substituted for “this essential public service”, for clarity.
 In subsection (b)(5), the word “particularly” in 49 App.:1601b(5) is omitted as surplus.
In subsection (b)(6), the words “were . . . in the early 1970’s” are substituted for “now” in 49 App.:1601b(6) for clarity. The words “engaged in”, “actually”, and “comprehensive” in 49 App.:1601b(6) are omitted as surplus.
In subsection (b)(9), the word “many” in 49 App.:1601(b)(7) is omitted as surplus.
In subsection (c), the text of 49 App.:1601a (1st sentence words after semicolon) is omitted as executed.
In subsections (d) and (e), the words “hereby declared to be” are omitted as surplus.
In subsection (d), the words “to ensure that mass transportation can be used by elderly individuals and individuals with disabilities” are substituted for “in the planning and design of mass transportation facilities and services so that the availability to elderly persons and persons with disabilities of mass transportation which they can effectively utilize will be assured” to eliminate unnecessary words. The words “the field of” and “(including the programs under this chapter) . . . contain provisions” are omitted as surplus.
In subsection (e), the words “carrying out” are substituted for “construction of”, and the word “capital” is added, for consistency in the revised chapter. The reference to section 5310 of the revised title is added for clarity because a loan or grant made under section 5310 is deemed to have been made under section 5309.
In subsection (f)(5), the words “local” and “to exercise the initiative necessary” are omitted as surplus.

Amendments2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to policies, findings, and purposes.
2005—Subsec. (a). Pub. L. 109–59, § 3003(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “It is in the interest of the United States to encourage and promote the development 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.”
Subsec. (b)(1). Pub. L. 109–59, § 3003(b), substituted “two-thirds” for “70 percent” and “urbanized areas” for “urban areas”.
Subsecs. (b)(4), (6) to (9), (d). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (e). Pub. L. 109–59, § 3003(c), substituted “a” for “an urban” and struck out “under sections 5309 and 5310 of this title” before period at end.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(1). Pub. L. 109–59, § 3003(d)(1), substituted “public transportation equipment” for “mass transportation equipment” and “both public transportation companies and private companies engaged in public transportation” for “public and private mass transportation companies”.
Subsec. (f)(2). Pub. L. 109–59, § 3003(d)(2), substituted “public transportation systems” for “urban mass transportation systems” and “both public transportation companies and private companies engaged in public transportation” for “public and private mass transportation companies”.
Subsec. (f)(3). Pub. L. 109–59, § 3003(d)(3), substituted “public transportation systems” for “urban mass transportation systems” and “public transportation companies or private companies engaged in public transportation” for “public or private mass transportation companies”.
Subsec. (f)(5). Pub. L. 109–59, § 3003(d)(4), substituted “public” for “urban mass”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Federal Transit Administration GrantsPub. L. 117–2, title III, § 3401, Mar. 11, 2021, 135 Stat. 72, provided that:
“(a) Federal Transit Administration Appropriation.—“(1) In general.—In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any funds in the Treasury not otherwise appropriated, $30,461,355,534, to remain available until September 30, 2024, that shall—“(A) be for grants to eligible recipients under sections 5307, 5309, 5310, and 5311 of title 49, United States Code, to prevent, prepare for, and respond to coronavirus; and

“(B) not be subject to any prior restriction on the total amount of funds available for implementation or execution of programs authorized under sections 5307, 5310, or 5311 of such title.

“(2) Availability of funds for operating expenses.—“(A) In general.—Notwithstanding subsection (a)(1) or (b) of section 5307 and section 5310(b)(2)(A) of title 49, United States Code, funds provided under this section, other than subsection (b)(4), shall be available for the operating expenses of transit agencies to prevent, prepare for, and respond to the coronavirus public health emergency, including, beginning on January 20, 2020—“(i) reimbursement for payroll of public transportation (including payroll and expenses of private providers of public transportation);

“(ii) operating costs to maintain service due to lost revenue due as a result of the coronavirus public health emergency, including the purchase of personal protective equipment; and

“(iii) paying the administrative leave of operations or contractor personnel due to reductions in service.

“(B) Use of funds.—Funds described in subparagraph (A) shall be—“(i) available for immediate obligation, notwithstanding the requirement for such expenses to be included in a transportation improvement program, long-range transportation plan, statewide transportation plan, or statewide transportation improvement program under sections 5303 and 5304 of title 49, United States Code;

“(ii) directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation), unless the recipient certifies to the Administrator of the Federal Transit Administration that the recipient has not furloughed any employees;

“(iii) used to provide a Federal share of the costs for any grant made under this section of 100 percent.

“(b) Allocation of Funds.—“(1) Urbanized area formula grants.—“(A) In general.—Of the amounts made available under subsection (a), $26,086,580,227 shall be for grants to recipients and subrecipients under section 5307 of title 49, United States Code, and shall be administered as if such funds were provided under section 5307 of such title.

“(B) Allocation.—Amounts made available under subparagraph (A) shall be apportioned to urbanized areas based on data contained in the National Transit Database such that—“(i) each urbanized area shall receive an apportionment of an amount that, when combined with amounts that were otherwise made available to such urbanized area for similar activities to prevent, prepare for, and respond to coronavirus, is equal to 132 percent of the urbanized area’s 2018 operating costs; and

“(ii) for funds remaining after the apportionment described in clause (i), such funds shall be apportioned such that each urbanized area that did not receive an apportionment under clause (i) shall receive an apportionment equal to 25 percent of the urbanized area’s 2018 operating costs.

“(2) Formula grants for the enhanced mobility of seniors and individuals with disabilities.—“(A) In general.—Of the amounts made available under subsection (a), $50,000,000 shall be for grants to recipients or subrecipients eligible under section 5310 of title 49, United States Code, and shall be apportioned in accordance with such section.

“(B) Allocation ratio.—Amounts made available under subparagraph (A) shall be allocated in the same ratio as funds were provided under section 5310 of title 49, United States Code, for fiscal year 2020.

“(3) Formula grants for rural areas.—“(A) In general.—Of the amounts made available under subsection (a), $317,214,013 shall be for grants to recipients or subrecipients eligible under section 5311 of title 49, United States Code, and shall be administered as if the funds were provided under section 5311 of such title, and shall be apportioned in accordance with such section, except as described in paragraph (B).

“(B) Allocation ratio.—Amounts made available under subparagraph (A) to States, as defined in section 5302 of title 49, United States Code, shall be allocated to such States based on data contained in the National Transit Database, such that—“(i) any State that received an amount for similar activities to prevent, prepare for, and respond to coronavirus that is equal to or greater than 150 percent of the combined 2018 rural operating costs of the recipients and subrecipients in such State shall receive an amount equal to 5 percent of such State’s 2018 rural operating costs;

“(ii) any State that does not receive an allocation under clause (i) that received an amount for similar activities to prevent, prepare for, and respond to coronavirus that is equal to or greater than 140 percent of the combined 2018 rural operating costs of the recipients and subrecipients in that State shall receive an amount equal to 10 percent of such State’s 2018 rural operating costs; and

“(iii) any State that does not receive an allocation under clauses (i) or (ii) shall receive an amount equal to 20 percent of such State’s 2018 rural operating costs.

“(4) Capital investments.—“(A) In general.—Of the amounts made available under subsection (a)—“(i) $1,425,000,000 shall be for grants administered under subsections (d) and (e) of section 5309 of title 49, United States Code; and

“(ii) $250,000,000 shall be for grants administered under subsection (h) of section 5309 of title 49, United States Code.

“(B) Funding distribution.—“(i) In general.—Of the amounts made available in subparagraph (A)(i), $1,250,000,000 shall be provided to each recipient for all projects with existing full funding grant agreements that received allocations for fiscal year 2019 or 2020, except that recipients with projects open for revenue service are not eligible to receive a grant under this subparagraph. Funds shall be provided proportionally based on the non-capital investment grant share of the amount allocated.

“(ii) Allocation.—Of the amounts made available in subparagraph (A)(i), $175,000,000 shall be provided to each recipient for all projects with existing full funding grant agreements that received an allocation only prior to fiscal year 2019, except that projects open for revenue service are not eligible to receive a grant under this subparagraph and no project may receive more than 40 percent of the amounts provided under this clause. The Administrator of the Federal Transit Administration shall proportionally distribute funds in excess of such percent to recipients for which the percent of funds does not exceed 40 percent. Funds shall be provided proportionally based on the non-capital investment grant share of the amount allocated.

“(iii) Eligible recipients.—For amounts made available in subparagraph (A)(ii), eligible recipients shall be any recipient of an allocation under subsection (h) of section 5309 of title 49, United States Code, or an applicant in the project development phase described in paragraph (2) of such subsection.

“(iv) Amount.—Amounts distributed under clauses (i), (ii), and (iii) of subparagraph (A) shall be provided notwithstanding the limitation of any calculation of the maximum amount of Federal financial assistance for the project under subsection (k)(2)(C)(ii) or (h)(7) of section 5309 of title 49, United States Code.

“(5) Section 5311(f) services.—“(A) In general.—Of the amounts made available under subsection (a) and in addition to the amounts made available under paragraph (3), $100,000,000 shall be available for grants to recipients for bus operators that partner with recipients or subrecipients of funds under section 5311(f) of title 49, United States Code.

“(B) Allocation ratio.—Notwithstanding paragraph (3), the Administrator of the Federal Transit Administration shall allocate amounts under subparagraph (A) in the same ratio as funds were provided under section 5311 of title 49, United States Code, for fiscal year 2020.

“(C) Exception.—If a State or territory does not have bus providers eligible under section 5311(f) of title 49, United States Code, funds under this paragraph may be used by such State or territory for any expense eligible under section 5311 of title 49, United States Code.

“(6) Planning.—“(A) In general.—Of the amounts made available under subsection (a), $25,000,000 shall be for grants to recipients eligible under section 5307 of title 49, United States Code, for the planning of public transportation associated with the restoration of services as the coronavirus public health emergency concludes and shall be available in accordance with such section.

“(B) Availability of funds for route planning.—Amounts made available under subparagraph (A) shall be available for route planning designed to—“(i) increase ridership and reduce travel times, while maintaining or expanding the total level of vehicle revenue miles of service provided in the planning period; or

“(ii) make service adjustments to increase the quality or frequency of service provided to low-income riders and disadvantaged neighborhoods or communities.

“(C) Limitation.—Amounts made available under subparagraph (A) shall not be used for route planning related to transitioning public transportation service provided as of the date of receipt of funds to a transportation network company or other third-party contract provider, unless the existing provider of public transportation service is a third-party contract provider.

“(7) Recipients and subrecipients requiring additional assistance.—“(A) In general.—Of the amounts made available under subsection (a), $2,207,561,294 shall be for grants to eligible recipients or subrecipients of funds under sections 5307 or 5311 of title 49, United States Code, that, as a result of COVID–19, require additional assistance for costs related to operations, personnel, cleaning, and sanitization combating the spread of pathogens on transit systems, and debt service payments incurred to maintain operations and avoid layoffs and furloughs.

“(B) Administration.—Funds made available under subparagraph (A) shall, after allocation, be administered as if provided under paragraph (1) or (3), as applicable.

“(C) Application requirements.—“(i) In general.—The Administrator of the Federal Transit Administration may not allocate funds to an eligible recipient or subrecipient of funds under chapter 53 of title 49, United States Code, unless the recipient provides to the Administrator—     “(I) estimates of financial need;

     “(II) data on reductions in farebox or other sources of local revenue for sustained operations;

     “(III) a spending plan for such funds; and

     “(IV) demonstration of expenditure of greater than 90 percent of funds available to the applicant from funds made available for similar activities in fiscal year 2020.

“(ii) Deadlines.—The Administrator of the Federal Transit Administration shall—     “(I) not later than 180 days after the date of enactment of this Act [Mar. 11, 2021], issue a Notice of Funding Opportunity for assistance under this paragraph; and

     “(II) not later than 120 days after the application deadline established in the Notice of Funding Opportunity under subclause (I), make awards under this paragraph to selected applicants.

“(iii) Evaluation.—     “(I) In general.—Applications for assistance under this paragraph shall be evaluated by the Administrator of the Federal Transit Administration based on the level of financial need demonstrated by an eligible recipient or subrecipient, including projections of future financial need to maintain service as a percentage of the 2018 operating costs that has not been replaced by the funds made available to the eligible recipient or subrecipient under paragraphs (1) through (5) of this subsection when combined with the amounts allocated to such eligible recipient or subrecipient from funds previously made available for the operating expenses of transit agencies related to the response to the COVID–19 public health emergency.

     “(II) Restriction.—Amounts made available under this paragraph shall only be available for operating expenses.

“(iv) State applicants.—A State may apply for assistance under this paragraph on behalf of an eligible recipient or subrecipient or a group of eligible recipients or subrecipients.

“(D) Unobligated funds.—If amounts made available under this paragraph remain unobligated on September 30, 2023, such amounts shall be available for any purpose eligible under sections 5307 or 5311 of title 49, United States Code.”

Contracting Out StudyPub. L. 105–178, title III, § 3032, June 9, 1998, 112 Stat. 385, as amended by Pub. L. 105–206, title IX, § 9009(v), July 22, 1998, 112 Stat. 861, provided that a study of the effect of contracting out mass transportation operation and administrative functions was to be arranged between the Secretary of Transportation and the Transportation Research Board of the National Academy of Sciences no later than 6 months after June 9, 1998, and made available funds for fiscal year 1999.

Commute-to-Work BenefitsPub. L. 102–240, title VIII, § 8004, Dec. 18, 1991, 105 Stat. 2206, provided that:
“(a) Findings.—The Congress finds that—“(1) current Federal policy places commuter transit benefits at a disadvantage compared to drive-to-work benefits;

“(2) this Federal policy is inconsistent with important national policy objectives, including the need to conserve energy, reduce reliance on energy imports, lessen congestion, and clean our Nation’s air;

“(3) commuter transit benefits should be part of a comprehensive solution to national transportation and air pollution problems;

“(4) current Federal law allows employers to provide only up to $21 per month in employee benefits for transit or van pools;

“(5) the current ‘cliff provision’, which treats an entire commuter transit benefit as taxable income if it exceeds $21 per month, unduly penalizes the most effective employer efforts to change commuter behavior;

“(6) employer-provided commuter transit incentives offer many public benefits, including increased access of low-income persons to good jobs, inexpensive reduction of roadway and parking congestion, and cost-effective incentives for timely arrival at work; and

“(7) legislation to provide equitable treatment of employer-provided commuter transit benefits has been introduced with bipartisan support in both the Senate and House of Representatives.

“(b) Policy.—The Congress strongly supports Federal policy that promotes increased use of employer-provided commuter transit benefits. Such a policy ‘levels the playing field’ between transportation modes and is consistent with important national objectives of energy conservation, reduced reliance on energy imports, lessened congestion, and clean air.”

§ 5302. Definitions
Except as otherwise specifically provided, in this chapter the following definitions apply:(1) Associated transit improvement.—The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;

(B) bus shelters;

(C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights;

(D) pedestrian access and walkways;

(E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles;

(F) signage; or

(G) enhanced access for persons with disabilities to public transportation.

(2) Bus rapid transit system.—The term “bus rapid transit system” means a bus transit system—(A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and

(B) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—(i) defined stations;

(ii) traffic signal priority for public transportation vehicles;

(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and

(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.

(3) Capital project.—The term “capital project” means a project for—(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;

(B) rehabilitating a bus;

(C) remanufacturing a bus;

(D) overhauling rail rolling stock;

(E) preventive maintenance;

(F) leasing equipment or a facility for use in public transportation;

(G) a joint development improvement that—(i) enhances economic development or incorporates private investment, such as commercial and residential development;

(ii)(I) enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or

(II) establishes new or enhanced coordination between public transportation and other transportation;

(iii) provides a fair share of revenue that will be used for public transportation;

(iv) provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; and

(v) may include—(I) property acquisition;

(II) demolition of existing structures;

(III) site preparation;

(IV) utilities;

(V) building foundations;

(VI) walkways;

(VII) pedestrian and bicycle access to a public transportation facility;

(VIII) construction, renovation, and improvement of intercity bus and intercity rail stations and terminals;

(IX) renovation and improvement of historic transportation facilities;

(X) open space;

(XI) safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications);

(XII) facilities that incorporate community services such as daycare or health care;

(XIII) a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; and

(XIV) construction of space for commercial uses;

(H) the introduction of new technology, through innovative and improved products, into public transportation;

(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts—(i) not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; or

(ii) not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements:(I) Provides an active fixed route travel training program that is available for riders with disabilities.

(II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.

(III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.

(J) establishing a debt service reserve, made up of deposits with a bondholder’s trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter;

(K) mobility management—(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but

(ii) excluding operating public transportation services;

(L) associated capital maintenance, including—(i) equipment, 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; and

(ii) 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;

(M) associated transit improvements; or

(N) technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities.

(4) Designated recipient.—The term “designated recipient” means—(A) an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or

(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 public transportation.

(5) Disability.—The term “disability” has the same meaning as in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

(6) Emergency regulation.—The term “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(c); and

(B) prescribed by the Secretary 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 without serving an important public interest.

(7) Fixed guideway.—The term “fixed guideway” means a public transportation facility—(A) using and occupying a separate right-of-way for the exclusive use of public transportation;

(B) using rail;

(C) using a fixed catenary system;

(D) for a passenger ferry system; or

(E) for a bus rapid transit system.

(8) Governor.—The term “Governor”—(A) means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and

(B) includes the designee of the Governor.

(9) Job access and reverse commute project.—(A) In general.—The term “job access and reverse commute project” means a transportation project to finance planning, capital, and operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including transportation projects that facilitate the provision of public transportation services from urbanized areas and rural areas to suburban employment locations.

(B) Definitions.—In this paragraph:(i) Eligible low-income individual.—The term “eligible low-income individual” means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved.

(ii) Welfare recipient.—The term “welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at any time during the 3-year period before the date on which the applicant applies for a grant under section 5307 or 5311.

(10) Local governmental authority.—The term “local governmental authority” includes—(A) a political subdivision of a State;

(B) an authority of at least 1 State or political subdivision of a State;

(C) an Indian tribe; and

(D) a public corporation, board, or commission established under the laws of a State.

(11) Low-income individual.—The term “low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section, for a family of the size involved.

(12) Net project cost.—The term “net project cost” means the part of a project that reasonably cannot be financed from revenues.

(13) New bus model.—The term “new bus model” means a bus model (including a model using alternative fuel)—(A) that has not been used in public transportation in the United States before the date of production of the model; or

(B) used in public transportation in the United States, but being produced with a major change in configuration or components.

(14) Public transportation.—The term “public transportation”—(A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and

(B) does not include—(i) intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity);

(ii) intercity bus service;

(iii) charter bus service;

(iv) school bus service;

(v) sightseeing service;

(vi) courtesy shuttle service for patrons of one or more specific establishments; or

(vii) intra-terminal or intra-facility shuttle services.

(15) Regulation.—The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.

(16) Rural area.—The term “rural area” means an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.

(17) Secretary.—The term “Secretary” means the Secretary of Transportation.

(18) Senior.—The term “senior” means an individual who is 65 years of age or older.

(19) State.—The term “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.

(20) State of good repair.—The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b).

(21) Transit.—The term “transit” means public transportation.

(22) Urban area.—The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.

(23) Urbanized area.—The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.

(24) Value capture.—The term “value capture” means recovering the increased property value to property located near public transportation resulting from investments in public transportation.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103–331, title III, § 335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104–50, title III, § 333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104–287, § 6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–102, § 3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105–178, title III, § 3003, June 9, 1998, 112 Stat. 338; Pub. L. 105–206, title IX, § 9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §§ 3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, § 201(a), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, § 20004, July 6, 2012, 126 Stat. 623; Pub. L. 114–94, div. A, title III, § 3002, Dec. 4, 2015, 129 Stat. 1446.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5302(a)(1)49 App.:1608(c)(1).July 9, 1964, Pub. L. 88–365, § 12(c)(1), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, § 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, § 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, § 308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, § 309(a), 96 Stat. 2151; Apr. 2, 1987, Pub. L. 100–17, § 309(a), 101 Stat. 227.
 49 App.:1608(c)(7), (8).July 9, 1964, Pub. L. 88–365, § 12(c)(3)–(9), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, § 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, § 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, § 308(b), 92 Stat. 2746; Dec. 18, 1991, Pub. L. 102–240, § 3016, 105 Stat. 2108.
5302(a)(2)49 App.:1608(c)(3).
5302(a)(3)49 App.:1608(c)(13).July 9, 1965, Pub. L. 88–365, 78 Stat. 302, § 12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100–17, § 318(b)(3), 101 Stat. 234.
5302(a)(4)49 App.:1608(c)(2).July 9, 1964, Pub. L. 88–365, § 12(c)(2), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, § 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, § 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, § 308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, § 309(b), 96 Stat. 2151.
5302(a)(5)49 App.:1608(c)(4) (1st sentence).
5302(a)(6)49 App.:1608(c)(5).
5302(a)(7)49 App.:1608(c)(6).
5302(a)(8)(no source).
5302(a)(9)49 App.:1608(h)(2).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(h)(2); added Apr. 2, 1987, Pub. L. 100–17, § 317(a), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, § 6021(a), 105 Stat. 2184.
 49 App.:1608 (note).Apr. 2, 1988, Pub. L. 100–17, § 317(b)(4), 101 Stat. 233.
5302(a)(10)49 App.:1608(c)(12).
5302(a)(11)49 App.:1608(c)(9).
5302(a)(12)49 App.:1608(c)(10).July 9, 1964, Pub. L. 88–365, § 12(c)(10), (11), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, § 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, § 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, § 308(b), 92 Stat. 2746; Apr. 2, 1987, Pub. L. 100–17, § 318(b)(1), (2), 101 Stat. 234.
5302(a)(13)49 App.:1608(c)(11).
5302(b)49 App.:1608(c)(4) (last sentence).

In this chapter, the words “local governmental authority” are substituted for “local public body” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), before clause (1), the text of 49 App.:1608(c)(7) is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words “capital project” are substituted for “construction” for clarity. In subclause (A), the words “actual”, “all”, and “reconstruction” are omitted as surplus. In subclause (D), the words “(whether or not such overhaul increases the useful life of the rolling stock)” are omitted as surplus. In clause (2), the words “for each of the jurisdictions included in the definition of ‘State’ ” are omitted as surplus. In clauses (3) and (10), the word “regulation” is substituted for “rule” for consistency in the revised title and with other titles of the Code and because the terms are synonymous. In clause (3)(B)(iii), the words “of persons” are omitted as surplus. In clauses (4) and (5), the word “mass” is substituted for “public” because of the restatement. In clause (4)(A), the words “including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses” are omitted as surplus. In clause (6)(A), the words “municipalities and other” are omitted as surplus. In clause (6)(B), the word “authority” is substituted for “public agencies and instrumentalities” for consistency in the revised title and with other titles of the Code. The word “municipalities” is omitted as surplus. In clause (7), the words “bus, or rail, or other”, “either publicly or privately owned”, and “on a . . . basis” are omitted as surplus. Clause (8) is added for clarity because the term “net project cost” has the same meaning throughout this chapter. In clause (11), the words “the Commonwealths of” are omitted as surplus. In clause (12), the word “individuals” is substituted for “commuters or others” to eliminate unnecessary words. In clause (13)(A), the words “in the case of any such area” and “entire” are omitted as surplus. The words “Secretary of Commerce” are substituted for “Bureau of the Census” because of 15:1511(e). In clause (13)(B), the words “so designated by the Bureau of Census”, “which shall be”, “responsible”, and “in cooperation with each other” are omitted as surplus.
Subsection (b) applies to section 5307(d)(1)(D) of the revised title because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.

References in TextThe Americans with Disabilities Act of 1990, referred to in par. (3)(I), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Social Security Act, referred to in par. (9)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments2015—Par. (1)(C). Pub. L. 114–94, § 3002(1)(A), inserted “functional” before “landscaping and”.
Par. (1)(E). Pub. L. 114–94, § 3002(1)(B), substituted “bicycle storage shelters and parking facilities and the installation of equipment” for “bicycle storage facilities and installing equipment”.
Par. (3)(F). Pub. L. 114–94, § 3002(2)(A), added subpar. (F) and struck out former subpar. (F), which read as follows: “leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;”.
Par. (3)(G)(iv). Pub. L. 114–94, § 3002(2)(B)(i), inserted “and” at end.
Par. (3)(G)(v)(XIV). Pub. L. 114–94, § 3002(2)(B)(ii), struck out “and” at end.
Par. (3)(G)(vi). Pub. L. 114–94, § 3002(2)(B)(iii), struck out cl. (vi), which read as follows: “does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation;”.
Par. (3)(I). Pub. L. 114–94, § 3002(2)(C), added subpar. (I) and struck out former subpar. (I), which read as follows: “the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311;”.
Par. (3)(M), (N). Pub. L. 114–94, § 3002(2)(D)–(F), added subpars. (M) and (N).
Par. (24). Pub. L. 114–94, § 3002(3), added par. (24).
2012—Pub. L. 112–141 amended section generally, substituting pars. (1) to (23) for former provisions defining terms for this chapter consisting of subsecs. (a) and (b).
2008—Subsec. (a)(10). Pub. L. 110–244 substituted “charter, sightseeing,” for “charter,”.
2005—Subsec. (a). Pub. L. 109–59, § 3004(a), substituted “Except as otherwise specifically provided, in this chapter” for “In this chapter” in introductory provisions.
Subsec. (a)(1)(A), (F). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(G). Pub. L. 109–59, § 3004(b)(1), inserted “construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” after “public transportation facility,” in introductory provisions.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing in introductory provisions.
Subsec. (a)(1)(G)(ii). Pub. L. 109–59, § 3004(b)(2), inserted “(other than an intercity bus station or terminal)” after “commercial revenue-producing facility”.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(H). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(J) to (L). Pub. L. 109–59, § 3004(b)(3)–(5), added subpars. (J) to (L).
Subsec. (a)(4). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in introductory provisions and subpar. (A).
Subsec. (a)(5). Pub. L. 109–59, § 3004(c), substituted “Individual with a disability” for “Handicapped individual” in heading and “individual with a disability” for “handicapped individual” in text.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (a)(7). Pub. L. 109–59, § 3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: “The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.”
Subsec. (a)(9). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in subpars. (A) and (B).
Subsec. (a)(10). Pub. L. 109–59, § 3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘public transportation’ means mass transportation.”
Subsec. (a)(14) to (16). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (a)(17). Pub. L. 109–59, § 3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: “The term ‘urbanized area’ means an area—
“(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and
“(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary.”
Subsec. (b). Pub. L. 109–59, § 3004(g), substituted “Individual With a Disability” for “Handicapped Individual” in heading and “individual with a disability” for “handicapped individual” in text.
1998—Pub. L. 105–178, § 3003(a), formerly § 3003, as renumbered by Pub. L. 105–206, § 9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms.
Subsec. (a)(1)(G)(i). Pub. L. 105–178, § 3003(b), as added by Pub. L. 105–206, § 9009(a)(2), substituted “daycare or” for “daycare and”.
1997—Subsec. (a)(1)(B), (C). Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, § 333(a). See 1995 Amendment notes below.
1996—Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, § 335A. See 1994 Amendment note below.
1995—Subsec. (a)(1)(B). Pub. L. 104–50, § 333(a)(1), as amended by Pub. L. 105–102, § 3(a)(1), struck out “that extends the economic life of a bus for at least 5 years” after “rehabilitating a bus”.
Subsec. (a)(1)(C). Pub. L. 104–50, § 333(a)(2), as amended by Pub. L. 105–102, § 3(a)(2), struck out “that extends the economic life of a bus for at least 8 years” after “remanufacturing a bus”.
1994—Subsec. (a)(1). Pub. L. 103–331, § 335A, as amended by Pub. L. 104–287, inserted “payments for the capital portions of rail trackage rights agreements,” after “rights of way),”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1997 AmendmentPub. L. 105–102, § 3(a), Nov. 20, 1997, 111 Stat. 2214, provided that the amendment made by section 3(a) is effective Nov. 15, 1995.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

Effective Date of 1996 AmendmentPub. L. 104–287, § 6(c), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by section 6(c) is effective Sept. 30, 1994.

Effective Date of 1995 AmendmentPub. L. 104–50, title III, § 333(b), Nov. 15, 1995, 109 Stat. 457, provided that: “The amendments made by this section [amending this section] shall not take effect before March 31, 1996.”

§ 5303. Metropolitan transportation planning(a) Policy.—It is in the national interest—(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and

(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).

(b) Definitions.—In this section and section 5304, the following definitions apply:(1) Metropolitan planning area.—The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).

(2) Metropolitan planning organization.—The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).

(3) Nonmetropolitan area.—The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.

(4) Nonmetropolitan local official.—The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.

(5) Regional transportation planning organization.—The term “regional transportation planning organization” means a policy board of an organization established as the result of a designation under section 5304(l).

(6) TIP.—The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j).

(7) Urbanized area.—The term “urbanized area” means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census.

(c) General Requirements.—(1) Development of long-range plans and tips.—To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State.

(2) Contents.—The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.

(3) Process of development.—The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

(d) Designation of Metropolitan Planning Organizations.—(1) In general.—To carry out the transportation 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 individuals—(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or

(B) in accordance with procedures established by applicable State or local law.

(2) Structure.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of—(A) local elected officials;

(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and

(C) appropriate State officials.

(3) Representation.—(A) In general.—Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.

(B) Public transportation representative.—Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.

(C) Powers of certain officials.—An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2).

(4) Limitation on statutory construction.—Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities—(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and

(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

(5) Continuing designation.—A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (6).

(6) Redesignation procedures.—(A) In general.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section.

(B) Restructuring.—A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation.

(7) Designation of more than 1 metropolitan planning organization.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.

(e) Metropolitan Planning Area Boundaries.—(1) In general.—For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.

(2) Included area.—Each metropolitan planning area—(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and

(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.

(3) Identification of new urbanized areas within existing planning area boundaries.—The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.

(4) Existing metropolitan planning areas in nonattainment.—(A) In general.—Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained.

(B) Exception.—The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(6).

(5) New metropolitan planning areas in nonattainment.—In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area—(A) shall be established in the manner described in subsection (d)(1);

(B) shall encompass the areas described in paragraph (2)(A);

(C) may encompass the areas described in paragraph (2)(B); and

(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.

(f) Coordination in Multistate Areas.—(1) In general.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.

(2) Interstate compacts.—The consent of Congress is granted to any 2 or more States—(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and

(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.

(3) Reservation of rights.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

(g) MPO Consultation in Plan and TIP Coordination.—(1) Nonattainment areas.—If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section.

(2) Transportation improvements located in multiple mpos.—If a transportation improvement, funded under this chapter or title 23, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement.

(3) Relationship with other planning officials.—(A) In general.—The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, tourism, natural disaster risk reduction, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.

(B) Requirements.—Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by—(i) recipients of assistance under this chapter;

(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and

(iii) recipients of assistance under section 204 of title 23.

(h) Scope of Planning Process.—(1) In general.—The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will—(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;

(B) increase the safety of the transportation system for motorized and nonmotorized users;

(C) increase the security of the transportation system for motorized and nonmotorized users;

(D) increase the accessibility and mobility of people and for freight;

(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;

(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;

(G) promote efficient system management and operation;

(H) emphasize the preservation of the existing transportation system; and

(I) improve the resiliency and reliability of the transportation system.

(2) Performance-based approach.—(A) In general.—The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of title 23 and the general purposes described in section 5301.

(B) Performance targets.—(i) Surface transportation performance targets.—(I) In general.—Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c) of title 23, where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization.

(II) Coordination.—Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable.

(ii) Public transportation performance targets.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d).

(C) Timing.—Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets.

(D) Integration of other performance-based plans.—A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed by recipients of assistance under this chapter, required as part of a performance-based program.

(3) Failure to consider factors.—The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process.

(i) Development of Transportation Plan.—(1) Requirements.—(A) In general.—Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection.

(B) Frequency.—(i) In general.—The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following:(I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

(II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).

(ii) Other areas.—In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.

(2) Transportation plan.—A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:(A) Identification of transportation facilities.—(i) In general.—An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions.

(ii) Factors.—In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period.

(B) Performance measures and targets.—A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).

(C) System performance report.—A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including—(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and

(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.

(D) Mitigation activities.—(i) In general.—A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

(ii) Consultation.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

(E) Financial plan.—(i) In general.—A financial plan that—(I) demonstrates how the adopted transportation plan can be implemented;

(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and

(III) recommends any additional financing strategies for needed projects and programs.

(ii) Inclusions.—The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

(iii) Cooperative development.—For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation.

(F) Operational and management strategies.—Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.

(G) Capital investment and other strategies.—Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters.

(H) Transportation and transit enhancement activities.—Proposed transportation and transit enhancement activities, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated.

(3) Coordination with clean air act agencies.—In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act.

(4) Optional scenario development.—(A) In general.—A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).

(B) Recommended components.—A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—(i) potential regional investment strategies for the planning horizon;

(ii) assumed distribution of population and employment;

(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);

(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;

(v) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and

(vi) estimated costs and potential revenues available to support each scenario.

(C) Metrics.—In addition to the performance measures identified in section 150(c) of title 23, metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures.

(5) Consultation.—(A) In general.—In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan.

(B) Issues.—The consultation shall involve, as appropriate—(i) comparison of transportation plans with State conservation plans or maps, if available; or

(ii) comparison of transportation plans to inventories of natural or historic resources, if available.

(6) Participation by interested parties.—(A) In general.—Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan.

(B) Contents of participation plan.—A participation plan—(i) shall be developed in consultation with all interested parties; and

(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.

(C) Methods.—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—(i) hold any public meetings at convenient and accessible locations and times;

(ii) employ visualization techniques to describe plans; and

(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

(7) Publication.—A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.

(8) Selection of projects from illustrative list.—Notwithstanding paragraph (2)(E), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(E).

(j) Metropolitan TIP.—(1) Development.—(A) In general.—In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that—(i) contains projects consistent with the current metropolitan transportation plan;

(ii) reflects the investment priorities established in the current metropolitan transportation plan; and

(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2).

(B) Opportunity for comment.—In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).

(C) Funding estimates.—For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.

(D) Updating and approval.—The TIP shall be—(i) updated at least once every 4 years; and

(ii) approved by the metropolitan planning organization and the Governor.

(2) Contents.—(A) Priority list.—The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP.

(B) Financial plan.—The TIP shall include a financial plan that—(i) demonstrates how the TIP can be implemented;

(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;

(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and

(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.

(C) Descriptions.—Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project.

(D) Performance target achievement.—The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets.

(3) Included projects.—(A) Projects under this chapter and title 23.—A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23.

(B) Projects under chapter 2 of title 23.—(i) Regionally significant projects.—Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.

(ii) Other projects.—Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

(C) Consistency with long-range transportation plan.—Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area.

(D) Requirement of anticipated full funding.—The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase.

(4) Notice and comment.—Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).

(5) Selection of projects.—(A) In general.—Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP—(i) by—(I) in the case of projects under title 23, the State; and

(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and

(ii) in cooperation with the metropolitan planning organization.

(B) Modifications to project priority.—Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.

(6) Selection of projects from illustrative list.—(A) No required selection.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).

(B) Required action by the secretary.—Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.

(7) Publication.—(A) Publication of tips.—A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.

(B) Publication of annual listings of projects.—(i) In general.—An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review.

(ii) Requirement.—The listing shall be consistent with the categories identified in the TIP.

(k) Transportation Management Areas.—(1) Identification and designation.—(A) Required identification.—The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.

(B) Designations on request.—The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.

(2) Transportation plans.—In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators.

(3) Congestion management process.—(A) In general.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the use of travel demand reduction (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects, and operational management strategies.

(B) Schedule.—The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area.

(C) Congestion management plan.—A metropolitan planning organization serving a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;

(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and

(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.

(D) Participation.—In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and non-profit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.

(4) Selection of projects.—(A) In general.—All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System) or under this chapter shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator.

(B) National highway system projects.—Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area.

(5) Certification.—(A) In general.—The Secretary shall—(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and

(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.

(B) Requirements for certification.—The Secretary may make the certification under subparagraph (A) if—(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and

(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.

(C) Effect of failure to certify.—(i) Withholding of project funds.—If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23.

(ii) Restoration of withheld funds.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.

(D) Review of certification.—In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.

(l) Report on Performance-based Planning Processes.—(1) In general.—The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection.

(2) Report.—Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating—(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments;

(B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;

(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and

(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section.

(3) Publication.—The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

(m) Abbreviated Plans for Certain Areas.—(1) In general.—Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.

(2) Nonattainment areas.—The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

(n) Additional Requirements for Certain Nonattainment Areas.—(1) In general.—Notwithstanding any other provisions of this chapter or title 23, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.

(2) Applicability.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).

(o) Limitation on Statutory Construction.—Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this chapter or title 23.

(p) Funding.—Funds apportioned under section 104(b)(5) of title 23 or section 5305(g) shall be available to carry out this section.

(q) Continuation of Current Review Practice.—Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.

(r) Bi-State Metropolitan Planning Organization.—(1) Definition of bi-state mpo region.—In this subsection, the term “Bi-State Metropolitan Planning Organization” has the meaning given the term “region” in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).

(2) Treatment.—For the purpose of this title, the Bi-State Metropolitan Planning Organization shall be treated as—(A) a metropolitan planning organization;

(B) a transportation management area under subsection (k); and

(C) an urbanized area, which is comprised of a population of 145,000 and 25 square miles of land area and 25 square miles of land area 11 So in original. in the State of California and a population of 65,000 and 12 square miles of land area and 12 square miles of land area 1 in the State of Nevada.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104–287, § 5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–102, § 2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–178, title III, §§ 3004, 3029(b)(1)–(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105–206, title IX, § 9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, § 3005(a), Aug. 10, 2005, 119 Stat. 1547; Pub. L. 110–244, title II, § 201(b), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, § 20005(a), July 6, 2012, 126 Stat. 628; Pub. L. 114–94, div. A, title III, § 3003(a), Dec. 4, 2015, 129 Stat. 1447; Pub. L. 114–322, title III, § 3603(f)(3), Dec. 16, 2016, 130 Stat. 1789; Pub. L. 115–31, div. K, title I, § 192, May 5, 2017, 131 Stat. 756.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5303(a)49 App.:1607(a) (2d–last sentences).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(a) (2d–last sentences)–(g), (n); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2098, 2104.
5303(b)49 App.:1607(f).
5303(c)(1)49 App.:1607(b)(1).
5303(c)(2)49 App.:1607(b)(2).
5303(c)(3)49 App.:1607(b)(6).
5303(c)(4)49 App.:1607(b)(4).
5303(c)(5)49 App.:1607(b)(5).
5303(c)(6)49 App.:1607(b)(3).
5303(d)49 App.:1607(c).
5303(e)49 App.:1607(d), (e).
5303(f)49 App.:1607(g).
5303(g)49 App.:1607(n).
5303(h)49 App.:1607(p).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(p); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2105; Oct. 6, 1992, Pub. L. 102–388, § 502(h), 106 Stat. 1566.

In this section, the word “together” is omitted as surplus. The words “Secretary of Commerce” are substituted for “Bureau of the Census” because of 15:1511(e).
In subsection (b)(2), the word “applicable” is omitted as surplus.
In subsection (b)(3), the words “where it does not yet occur” are omitted as surplus.
In subsection (b)(4), the words “the provisions of all applicable” are omitted as surplus.
In subsection (c)(4), before clause (A), the words “whether made under this section or other provisions of law” are omitted as surplus.
In subsection (d), the word “entire” is omitted as surplus.
In subsection (e)(2), the words “or compacts” and “joint or otherwise” are omitted as surplus.
In subsection (f)(3), the word “area” is added for clarity and consistency with 42:7501(2).
In subsection (f)(5)(A), the words “published or otherwise” are omitted as surplus.
In subsection (g), before clause (1), the words “local governmental authorities” are substituted for “local public bodies”, and the words “departments, agencies, and instrumentalities of the Government” are substituted for “Federal departments and agencies”, for consistency in the revised title and with other titles of the United States Code.
In subsection (h)(6)(A), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.

Pub. L. 104–287This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.

Pub. L. 105–102, § 2(4)(A)This amends 49:5303(c)(1) to correct an erroneous cross-reference.

Pub. L. 105–102, § 2(4)(B)This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference.

Pub. L. 105–102, § 2(4)(C)This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference.

References in TextThe date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the SAFETEA-LU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
The National Environmental Policy Act of 1969, referred to in subsec. (q), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments2017—Subsec. (r)(2)(C). Pub. L. 115–31 made amendment identical to that made by Pub. L. 114–322. See 2016 Amendment note below.
2016—Subsec. (r)(2)(C). Pub. L. 114–322 inserted “and 25 square miles of land area” after “145,000” and “and 12 square miles of land area” after “65,000”.
2015—Subsec. (a)(1). Pub. L. 114–94, § 3003(a)(1), inserted “resilient” after “development of”.
Subsec. (c)(2). Pub. L. 114–94, § 3003(a)(2), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers” for “and bicycle transportation facilities”.
Subsec. (d)(3) to (7). Pub. L. 114–94, § 3003(a)(3), added par. (3), redesignated pars. (3) to (6) as (4) to (7), respectively, and in par. (5), substituted “paragraph (6)” for “paragraph (5)”.
Subsec. (e)(4)(B). Pub. L. 114–94, § 3003(a)(4), substituted “subsection (d)(6)” for “subsection (d)(5)”.
Subsec. (g)(3)(A). Pub. L. 114–94, § 3003(a)(5), inserted “tourism, natural disaster risk reduction,” after “economic development,”.
Subsec. (h)(1)(I). Pub. L. 114–94, § 3003(a)(6), added subpar. (I).
Subsec. (i)(2)(A)(i). Pub. L. 114–94, § 3003(a)(7)(A)(i), substituted “public transportation facilities, intercity bus facilities” for “transit”.
Subsec. (i)(2)(G). Pub. L. 114–94, § 3003(a)(7)(A)(ii), substituted “, provide” for “and provide” and inserted before period at end “, and reduce the vulnerability of the existing transportation infrastructure to natural disasters”.
Subsec. (i)(2)(H). Pub. L. 114–94, § 3003(a)(7)(A)(iii), inserted before period at end “, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”.
Subsec. (i)(6)(A). Pub. L. 114–94, § 3003(a)(7)(B), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”.
Subsec. (i)(8). Pub. L. 114–94, § 3003(a)(7)(C), substituted “paragraph (2)(E)” for “paragraph (2)(C)” in two places.
Subsec. (k)(3)(A). Pub. L. 114–94, § 3003(a)(8)(A), inserted “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “travel demand reduction”.
Subsec. (k)(3)(C), (D). Pub. L. 114–94, § 3003(a)(8)(B), added subpars. (C) and (D).
Subsec. (l)(1). Pub. L. 114–94, § 3003(a)(9)(A), inserted a period at end.
Subsec. (l)(2)(D). Pub. L. 114–94, § 3003(a)(9)(B), substituted “with a population of 200,000 or less” for “of less than 200,000”.
Subsec. (p). Pub. L. 114–94, § 3003(a)(10), substituted “Funds apportioned under section 104(b)(5)” for “Funds set aside under section 104(f)”.
Subsec. (r). Pub. L. 114–94, § 3003(a)(11), added subsec. (r).
2012—Pub. L. 112–141 amended section generally, substituting provisions consisting of subsecs. (a) to (q), including requirement to submit report on performance-based planning processes, for former provisions consisting of subsecs. (a) to (p).
2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, § 201(b)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: “In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.”
Subsec. (j)(3)(D). Pub. L. 110–244, § 201(b)(2), inserted “or the identified phase” after “the project” in two places.
Subsec. (k)(2). Pub. L. 110–244, § 201(b)(3), struck out “a metropolitan planning area serving” before “a transportation management area,”.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds.
1998—Subsecs. (a), (b). Pub. L. 105–178, § 3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively.
Subsec. (c)(1)(A). Pub. L. 105–178, § 3004(b)(1)(B), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.
Pub. L. 105–178, § 3004(b)(1)(A), as amended by Pub. L. 105–206, § 9009(b)(1)(A), substituted “general purpose local government that together represent” for “general local government representing”.
Subsec. (c)(2). Pub. L. 105–178, § 3004(b)(2), substituted “Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of” for “In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include” and “officials of public agencies” for “officials of authorities”.
Subsec. (c)(3). Pub. L. 105–178, § 3004(b)(3), as amended by Pub. L. 105–206, § 9009(b)(1)(B), substituted “within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area” for “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”.
Subsec. (c)(4)(A). Pub. L. 105–178, § 3004(b)(4), as added by Pub. L. 105–206, § 9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105–102, § 2(4)(B). See 1997 Amendment note below.
Subsec. (c)(5)(A). Pub. L. 105–178, § 3004(b)(5)(A), formerly § 3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, § 9009(b)(1)(C), (D), substituted “general purpose local government that together represent” for “general local government representing”.
Subsec. (c)(5)(B). Pub. L. 105–178, § 3004(b)(5)(B), formerly § 3004(b)(4)(B), as renumbered by Pub. L. 105–206, § 9009(b)(1)(D), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.
Subsec. (c)(5)(D). Pub. L. 105–178, § 3004(b)(5)(C), formerly § 3004(b)(4)(C), as renumbered by Pub. L. 105–206, § 9009(b)(1)(D), added subpar. (D).
Subsec. (d). Pub. L. 105–178, § 3004(c), inserted “Planning” after “Metropolitan” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted “planning” before “area” in first sentence and substituted pars. (2) to (4) for “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 Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment 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.”
Subsec. (e)(2). Pub. L. 105–178, § 3004(d)(1), inserted “or compact” after “2 States making an agreement” and substituted “making the agreements and compacts effective” for “making the agreement effective”.
Subsec. (e)(4) to (6). Pub. L. 105–178, § 3004(d)(2), as amended by Pub. L. 105–206, § 9009(b)(2), added pars. (4) to (6).
Subsec. (f). Pub. L. 105–178, § 3004(e)(5), substituted “Developing Long-Range Transportation Plans” for “Developing Long-Range Plans” in heading.
Pub. L. 105–178, § 3004(e)(6), which directed substitution of “long-range transportation plans” for “long-range plans” wherever appearing, could not be executed because “long-range plans” does not appear in text.
Subsec. (f)(1)(A). Pub. L. 105–178, § 3004(e)(1)(A), substituted “national, regional, and metropolitan transportation functions” for “United States and regional transportation functions”.
Subsec. (f)(1)(B)(iii). Pub. L. 105–178, § 3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;”.
Subsec. (f)(1)(C). Pub. L. 105–178, § 3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “assess capital investment and other measures necessary—
“(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational 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 efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and”.
Subsec. (f)(1)(E). Pub. L. 105–178, § 3004(f)(1), as added by Pub. L. 105–206, § 9009(b)(3), added subpar. (E).
Subsec. (f)(2). Pub. L. 105–178, § 3004(e)(2), substituted “and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process” for “as they are related to a 20-year forecast period”.
Subsec. (f)(4). Pub. L. 105–178, § 3004(e)(3), inserted “freight shippers, providers of freight transportation services,” after “mass transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.
Subsec. (f)(5)(A). Pub. L. 105–178, § 3004(e)(4), inserted “published or otherwise” before “made readily available”.
Subsec. (f)(6). Pub. L. 105–178, § 3004(f)(2), as added by Pub. L. 105–206, § 9009(b)(3), added par. (6).
Subsec. (h)(1). Pub. L. 105–178, § 3029(b)(1), (2), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title” and “sections 5304 and 5305 of this title” for “sections 5304–5306 of this title”.
Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, § 3029(b)(1), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title”.
Subsec. (h)(4). Pub. L. 105–178, § 3029(b)(3), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g) of this title”.
1997—Subsec. (c)(1). Pub. L. 105–102, § 2(4)(A), inserted “and sections 5304–5306 of this title” after “this section”.
Subsec. (c)(4)(A). Pub. L. 105–102, § 2(4)(B), substituted “paragraph (5)” for “paragraph (3)”.
Subsec. (c)(5)(A). Pub. L. 105–102, § 2(4)(C), inserted “and sections 5304–5306 of this title” after “this section”.
1996—Subsec. (f)(2). Pub. L. 104–287, § 5(10)(A), substituted “subsection (b)” for “subsection (e)”.
Subsec. (h)(4). Pub. L. 104–287, § 5(10)(B), substituted “section 5338(g)” for “5338(g)(1)”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentSection 8(1) of Pub. L. 104–287, as amended by Pub. L. 105–102, § 3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: “The amendments made by sections 3 and 5(10)–(17), (19), (20), (52), (53), (55), (61), (62), (65), (70), (77)–(79), and (91)–(93) of this Act [amending this section, sections 5307, 5309, 5315, 5317, 5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705, 40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this title, and section 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994.”

Pilot Program for Transit-Oriented Development PlanningPub. L. 112–141, div. B, § 20005(b), July 6, 2012, 126 Stat. 642, provided that:
“(1) Definitions.—In this subsection the following definitions shall apply:“(A) Eligible project.—The term ‘eligible project’ means a new fixed guideway capital project or a core capacity improvement project, as those terms are defined in section 5309 of title 49, United States Code, as amended by this division.

“(B) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(2) General authority.—The Secretary may make grants under this subsection to a State or local governmental authority to assist in financing comprehensive planning associated with an eligible project that seeks to—“(A) enhance economic development, ridership, and other goals established during the project development and engineering processes;

“(B) facilitate multimodal connectivity and accessibility;

“(C) increase access to transit hubs for pedestrian and bicycle traffic;

“(D) enable mixed-use development;

“(E) identify infrastructure needs associated with the eligible project; and

“(F) include private sector participation.

“(3) Eligibility.—A State or local governmental authority that desires to participate in the program under this subsection shall submit to the Secretary an application that contains, at a minimum—“(A) identification of an eligible project;

“(B) a schedule and process for the development of a comprehensive plan;

“(C) a description of how the eligible project and the proposed comprehensive plan advance the metropolitan transportation plan of the metropolitan planning organization;

“(D) proposed performance criteria for the development and implementation of the comprehensive plan; and

“(E) identification of—“(i) partners;

“(ii) availability of and authority for funding; and

“(iii) potential State, local or other impediments to the implementation of the comprehensive plan.”

Guidance on Documenting Compliance With Requirements of Private Enterprise Participation in Public Transportation Planning and Transportation Improvement ProgramsPub. L. 112–141, div. B, § 20013(d), July 6, 2012, 126 Stat. 694, as amended by Pub. L. 114–94, div. A, title III, § 3010(b), Dec. 4, 2015, 129 Stat. 1474, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall publish in the Federal Register policy guidance regarding how to best document compliance by recipients of Federal assistance under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under sections 5303(i)(6), 5306(a), and 5307(b) of such title 49.”

Schedule for ImplementationPub. L. 109–59, title III, § 3005(b), Aug. 10, 2005, 119 Stat. 1559, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3005(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.

§ 5304. Statewide and nonmetropolitan transportation planning(a) General Requirements.—(1) Development of plans and programs.—Subject to section 5303, to accomplish the objectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.

(2) Contents.—The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.

(3) Process of development.—The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

(b) Coordination With Metropolitan Planning; State Implementation Plan.—A State shall—(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and

(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).

(c) Interstate Agreements.—(1) In general.—Two or more States may enter into agreements or compacts, not in conflict with any 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 agreements and compacts effective.

(2) Reservation of rights.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

(d) Scope of Planning Process.—(1) In general.—Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will—(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;

(B) increase the safety of the transportation system for motorized and nonmotorized users;

(C) increase the security of the transportation system for motorized and nonmotorized users;

(D) increase the accessibility and mobility of people and freight;

(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;

(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;

(G) promote efficient system management and operation;

(H) emphasize the preservation of the existing transportation system; and

(I) improve the resiliency and reliability of the transportation system.

(2) Performance-based approach.—(A) In general.—The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of title 23 and the general purposes described in section 5301.

(B) Performance targets.—(i) Surface transportation performance targets.—(I) In general.—Each State shall establish performance targets that address the performance measures described in section 150(c) of title 23, where applicable, to use in tracking progress towards attainment of critical outcomes for the State.

(II) Coordination.—Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable.

(ii) Public transportation performance targets.—In areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d).

(C) Integration of other performance-based plans.—A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to title 23 by providers of public transportation in areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, required as part of a performance-based program.

(D) Use of performance measures and targets.—The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program.

(3) Failure to consider factors.—The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process.

(e) Additional Requirements.—“In 11 So in original. The quotation marks probably should not appear. carrying out planning under this section, each State shall, at a minimum—(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l);

(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and

(3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.

(f) Long-Range Statewide Transportation Plan.—(1) Development.—Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.

(2) Consultation with governments.—(A) Metropolitan areas.—The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.

(B) Nonmetropolitan areas.—(i) In general.—With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l).

(ii) Role of secretary.—The Secretary shall not review or approve the consultation process in each State.

(C) Indian tribal areas.—With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior.

(D) Consultation, comparison, and consideration.—(i) In general.—The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.

(ii) Comparison and consideration.—Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.

(3) Participation by interested parties.—(A) In general.—In developing the statewide transportation plan, the State shall provide to—(i) nonmetropolitan local elected officials, or, if applicable, through regional transportation planning organizations described in subsection (l), an opportunity to participate in accordance with subparagraph (B)(i); and

(ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan.

(B) Methods.—In carrying out subparagraph (A), the State shall, to the maximum extent practicable—(i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);

(ii) hold any public meetings at convenient and accessible locations and times;

(iii) employ visualization techniques to describe plans; and

(iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

(4) Mitigation activities.—(A) In general.—A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

(B) Consultation.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

(5) Financial plan.—The statewide transportation plan may include—(A) a financial plan that—(i) demonstrates how the adopted statewide transportation plan can be implemented;

(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and

(iii) recommends any additional financing strategies for needed projects and programs; and

(B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

(6) Selection of projects from illustrative list.—A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5).

(7) Performance-based approach.—The statewide transportation plan should include—(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and

(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;

(8) Existing system.—The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system.

(9) Publication of long-range transportation plans.—Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.

(g) Statewide Transportation Improvement Program.—(1) Development.—(A) In general.—Each State shall develop a statewide transportation improvement program for all areas of the State.

(B) Duration and updating of program.—Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently.

(2) Consultation with governments.—(A) Metropolitan areas.—With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.

(B) Nonmetropolitan areas.—(i) In general.—With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l).

(ii) Role of secretary.—The Secretary shall not review or approve the specific consultation process in the State.

(C) Indian tribal areas.—With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.

(3) Participation by interested parties.—In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.

(4) Performance target achievement.—A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets.

(5) Included projects.—(A) In general.—A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State.

(B) Listing of projects.—(i) In general.—An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review.

(ii) Funding categories.—The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program.

(C) Projects under chapter 2.—(i) Regionally significant projects.—Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.

(ii) Other projects.—Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

(D) Consistency with statewide transportation plan.—Each project shall be—(i) consistent with the statewide transportation plan developed under this section for the State;

(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and

(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).

(E) Requirement of anticipated full funding.—The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

(F) Financial plan.—(i) In general.—The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs.

(ii) Additional projects.—The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

(G) Selection of projects from illustrative list.—(i) No required selection.—Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).

(ii) Required action by the secretary.—Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.

(H) Priorities.—The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this chapter and title 23.

(6) Project selection for areas of less than 50,000 population.—(A) In general.—Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l).

(B) Other projects.—Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.

(7) Transportation improvement program approval.—Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.

(8) Planning finding.—A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303.

(9) Modifications to project priority.—Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.

(h) Performance-based Planning Processes Evaluation.—(1) In general.—The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following:(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.

(B) The extent to which the State has made transportation investments that are efficient and cost-effective.

(C) The extent to which the State—(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and

(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.

(2) Report.—(A) In general.—Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating—(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and

(ii) the effectiveness of the performance-based planning process of each State.

(B) Publication.—The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

(i) Treatment of Certain State Laws as Congestion Management Processes.—For purposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this this 22 So in original. section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 5303, and sections 134 and 135 of title 23, as appropriate.

(j) Continuation of Current Review Practice.—Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(k) Schedule for Implementation.—The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.

(l) Designation of Regional Transportation Planning Organizations.—(1) In general.—To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.

(2) Structure.—A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization.

(3) Requirements.—A regional transportation planning organization shall establish, at a minimum—(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and

(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.

(4) Duties.—The duties of a regional transportation planning organization shall include—(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;

(B) developing a regional transportation improvement program for consideration by the State;

(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;

(D) providing technical assistance to local officials;

(E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;

(F) providing a forum for public participation in the statewide and regional transportation planning processes;

(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and

(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).

(5) States without regional transportation planning organizations.—If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105–178, title III, § 3005, June 9, 1998, 112 Stat. 345; Pub. L. 105–206, title IX, § 9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, § 3006(a), Aug. 10, 2005, 119 Stat. 1559; Pub. L. 112–141, div. B, § 20006, July 6, 2012, 126 Stat. 643; Pub. L. 114–94, div. A, title III, § 3003(b), Dec. 4, 2015, 129 Stat. 1449.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5304(a)49 App.:1607(h)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(h); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2102; Oct. 6, 1992, Pub. L. 102–388, §§ 501, 502(e), 106 Stat. 1566.
5304(b)49 App.:1607(h)(2).
5304(c)49 App.:1607(h)(3), (5).
5304(d)49 App.:1607(h)(6).
5304(e)49 App.:1607(h)(4).

In subsection (b)(1), the word “initial” is omitted as surplus.
In subsection (b)(2)(C), the words “and programs” are omitted as surplus.
In subsection (c)(1), the word “otherwise” is omitted as surplus.

References in TextThe Clean Air Act, referred to in subsecs. (b)(2) and (g)(5)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. Part D of title I of the Act is classified generally to part D (§ 7501 et seq.) of subchapter I of chapter 85 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(2)(A), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments2015—Subsec. (a)(2). Pub. L. 114–94, § 3003(b)(1), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers” for “and bicycle transportation facilities”.
Subsec. (d)(1)(I). Pub. L. 114–94, § 3003(b)(2)(A), added subpar. (I).
Subsec. (d)(2)(B)(ii). Pub. L. 114–94, § 3003(b)(2)(B)(i), struck out “urbanized” after “In”.
Subsec. (d)(2)(C). Pub. L. 114–94, § 3003(b)(2)(B)(ii), struck out “urbanized” after “public transportation in”.
Subsec. (f)(3)(A)(ii). Pub. L. 114–94, § 3003(b)(3), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to statewide transportation planning and consisted of subsecs. (a) to (j).
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969.
1998—Subsec. (a). Pub. L. 105–178, § 3005(d)(1), as added by Pub. L. 105–206, § 9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 105–178, § 3005(a), in second sentence, substituted “the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,” for “the organization” and inserted “other affected employee representatives, freight shippers, providers of freight transportation services,” after “transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.
Subsec. (b)(2)(B). Pub. L. 105–178, § 3005(d)(2)(A), as added by Pub. L. 105–206, § 9009(c)(2), struck out “and” at end.
Subsec. (b)(2)(C). Pub. L. 105–178, § 3005(d)(2)(B), as added by Pub. L. 105–206, § 9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” for “strategies which may include”, was executed by making the substitution for “strategies, which may include” to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D).
Pub. L. 105–178, § 3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects.”
Subsec. (b)(2)(D). Pub. L. 105–178, § 3005(d)(2)(B), as added by Pub. L. 105–206, § 9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” followed by “(D) may include” for “strategies which may include”, was executed by making the substitutions for “strategies, which may include” to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 105–178, § 3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: “Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan 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.”
Subsec. (c)(3). Pub. L. 105–178, § 3005(c)(2), added par. (3).
Subsec. (c)(4). Pub. L. 105–178, § 3005(d)(3), as added by Pub. L. 105–206, § 9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C).”
Pub. L. 105–178, § 3005(c)(2), added par. (4).
Subsec. (c)(5), (6). Pub. L. 105–178, § 3005(c)(2), added pars. (5) and (6).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Schedule for ImplementationPub. L. 109–59, title III, § 3006(b), Aug. 10, 2005, 119 Stat. 1565, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3006(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.

§ 5305. Planning programs(a) State Defined.—In this section, the term “State” means a State of the United States, the District of Columbia, and Puerto Rico.

(b) General Authority.—(1) Grants and agreements.—Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to—(A) develop transportation plans and programs;

(B) plan, engineer, design, and evaluate a public transportation project; and

(C) conduct technical studies relating to public transportation.

(2) Eligible activities.—Activities eligible under paragraph (1) include the following:(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.

(B) Evaluating previously financed projects.

(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.

(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.

(c) Purpose.—To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.

(d) Metropolitan Planning Program.—(1) Apportionment to states.—(A) In general.—The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that—(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to

(ii) the total population of urbanized areas in all States, as shown by that census.

(B) Minimum apportionment.—Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.

(2) Allocation to mpo’s.—Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that—(A) considers population of urbanized areas;

(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;

(C) the State develops in cooperation with the metropolitan planning organizations; and

(D) the Secretary approves.

(3) Supplemental amounts.—(A) In general.—The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations.

(B) Formula.—The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas.

(e) State Planning and Research Program.—(1) Apportionment to states.—(A) In general.—The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and section 11 So in original. Probably should be “sections”. 5304 and 5306 in the ratio that—(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to

(ii) the population of urbanized areas in all States, as shown by that census.

(B) Minimum apportionment.—Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.

(2) Supplemental amounts.—A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d).

(f) Government Share of Costs.—The Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match.

(g) Allocation of Funds.—Of the funds made available by or appropriated to carry out this section under section 5338(a)(2)(A) for a fiscal year—(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and

(2) 17.28 percent shall be available to carry out subsection (e).

(h) Availability of Funds.—Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105–178, title III, § 3006, June 9, 1998, 112 Stat. 346; Pub. L. 105–206, title IX, § 9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, § 3007(a), Aug. 10, 2005, 119 Stat. 1566; Pub. L. 111–147, title IV, § 431, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, § 2301, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, § 301, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, § 131, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, § 301, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, § 301, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, § 20030(a), div. G, title III, § 113001, July 6, 2012, 126 Stat. 730, 983.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5305(a)–(e)49 App.:1607(i).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(i); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102–388, § 502(f), 106 Stat. 1566.
5305(f)49 App.:1607(l).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(j), (l); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104.
5305(g)49 App.:1607(j).

In subsection (c), the words “title 23” are substituted for “this title” for consistency in this chapter and to reflect the apparent intent of Congress. The word “appropriate” is omitted as surplus.
In subsection (e)(2), the words “under the formula program” are omitted as surplus.
In subsections (f) and (g), the word “area” is added for clarity and consistency with 42:7501(2).
In subsection (f), the words “Notwithstanding any other provisions of this chapter or title 23, United States Code” are omitted as surplus.

Amendments2012—Subsec. (e)(1)(A). Pub. L. 112–141, § 20030(a)(1), substituted “section 5304 and 5306” for “sections 5304, 5306, 5315, and 5322” in introductory provisions.
Subsec. (f). Pub. L. 112–141, § 20030(a)(2), substituted “Government” for “Government’s” in heading and “Government” for “Government’s” in text.
Subsec. (g). Pub. L. 112–141, § 113001, substituted “2012” for “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” in introductory provisions.
Pub. L. 112–141, § 20030(a)(3), substituted “section 5338(a)(2)(A) for a fiscal year” for “section 5338(c) for fiscal years 2005 through 2012” in introductory provisions.
Pub. L. 112–140, §§ 1(c), 301, temporarily substituted “ending on July 6, 2012” for “ending on June 30, 2012” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 substituted “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” for “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” in introductory provisions.
2011—Subsec. (g). Pub. L. 112–30 substituted “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011”.
Pub. L. 112–5 substituted “2011” for “2010, and for the period beginning October 1, 2010, and ending March 4, 2011,”.
2010—Subsec. (g). Pub. L. 111–322 substituted “March 4, 2011” for “December 31, 2010”.
Pub. L. 111–147 substituted “2010, and for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area.
1998—Subsec. (a)(2). Pub. L. 105–178, § 3006(a), added par. (2) and struck out former par. (2) which read as follows: “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.”
Subsec. (b). Pub. L. 105–178, § 3006(b), inserted “affected” before “mass transportation operators”.
Subsec. (c). Pub. L. 105–178, § 3006(c), struck out at end “The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.”
Subsec. (d)(1). Pub. L. 105–178, § 3006(d), as amended by Pub. L. 105–206, § 9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation 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.”
Subsec. (e)(2). Pub. L. 105–178, § 3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: “If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 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.”
Subsec. (e)(4). Pub. L. 105–178, § 3006(e)(2), added par. (4).
Subsec. (h). Pub. L. 105–178, § 3006(f), added subsec. (h).

Effective and Termination Dates of 2012 AmendmentAmendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.”

Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

§ 5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations(a) Private Enterprise Participation.—A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area.

(b) Relationship to Other Limitations.—Sections 5303–5305 of this title do not authorize—(1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and

(2) intervention in the management of a transportation authority.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109–59, title III, § 3008, Aug. 10, 2005, 119 Stat. 1568.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5306(a)49 App.:1607(o).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(o); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2105.
5306(b)49 App.:1607(m).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(m); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, § 502(g), 106 Stat. 1566.

In subsection (a), the words “(through modernization, extension, addition, or otherwise)” are omitted as surplus.

Amendments2005—Subsec. (a). Pub. L. 109–59 inserted “, as determined by local policies, criteria, and decisionmaking,” after “feasible”.

§ 5307. Urbanized area formula grants(a) General Authority.—(1) Grants.—The Secretary may make grants under this section for—(A) capital projects;

(B) planning;

(C) job access and reverse commute projects; and

(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.

(2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—(A) for public transportation systems that—(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or

(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or

(B) subject to paragraph (3), for public transportation systems that—(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient’s final program of projects prepared under subsection (b); or

(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient’s final program of projects prepared under subsection (b).

(3) The amount available to a public transportation system under subparagraph (B) of paragraph (2) shall be not more than 10 percent greater than the amount that would otherwise be available to the system under subparagraph (A) of that paragraph.

(b) Program of Projects.—Each recipient of a grant shall—(1) make available to the public information on amounts available to the recipient under this section;

(2) develop, in consultation with interested parties, including 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 individuals, private transportation providers, and local elected officials have the opportunity to examine the proposed 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 individuals on the proposed program of projects;

(5) ensure that the proposed program of projects provides for the coordination of public 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 program of projects; and

(7) make the final program of projects available to the public.

(c) Grant Recipient Requirements.—A recipient may receive a grant in a fiscal year only if—(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)—(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;

(B) has or will have satisfactory continuing control over the use of equipment and facilities;

(C) will maintain equipment and facilities in accordance with the recipient’s transit asset management plan;

(D) will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—(i) senior;

(ii) 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 a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and

(iii) 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. and 1395 et seq.);

(E) in carrying out a procurement under this section, will comply with sections 5323 and 5325;

(F) has complied with subsection (b) of this section;

(G) has available and will provide the required amounts as provided by subsection (d) of this section;

(H) will comply with sections 5303 and 5304;

(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;

(J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public 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 intended to increase the security and safety of an existing or planned public transportation system, at least 1 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;

(K) in the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and

(L) will comply with section 5329(d); and

(2) the Secretary accepts the certification.

(d) Government Share of Costs.—(1) Capital projects.—A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.

(2) Operating expenses.—A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project.

(3) Remaining costs.—Subject to paragraph (4), the remainder of the net project costs shall be provided—(A) in cash from non-Government sources other than revenues from providing public transportation services;

(B) from revenues from the sale of advertising and concessions;

(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;

(D) from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and

(E) from amounts received under a service agreement with a State or local social service agency or private social service organization.

(4) Use of certain funds.—For purposes of subparagraphs (D) and (E) of paragraph (3), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

(e) Undertaking Projects in Advance.—(1) Payment.—The Secretary may pay the Government share of the net project cost to a State or local governmental authority that carries out any part of a project eligible under subparagraph (A) or (B) of subsection (a)(1) without the aid of amounts of the Government and according to all applicable procedures and requirements if—(A) the recipient applies for the payment;

(B) the Secretary approves the payment; and

(C) before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.

(2) Approval of application.—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 payment will be more than—(A) the recipient’s expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less

(B) the maximum amount of the apportionment that may be made available for projects for operating expenses under this section.

(3) Financing costs.—(A) In general.—The cost of carrying out 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.

(B) Limitation on the amount of interest.—The amount of interest allowed under this paragraph may not be more than the most favorable financing terms reasonably available for the project at the time of borrowing.

(C) Certification.—The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(f) Reviews, Audits, and Evaluations.—(1) Annual review.—(A) In general.—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 (c) of this section 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) Auditing procedures.—An audit of the use of amounts of the Government shall comply with the auditing procedures of the Comptroller General.

(2) Triennial review.—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 (c) of this section and the planning process required under sections 5303, 5304, and 5305 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.

(3) Actions resulting from review, audit, or evaluation.—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.

(g) Treatment.—For purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302.

(h) Passenger Ferry Grants.—(1) In general.—The Secretary may make grants under this subsection to recipients for passenger ferry projects that are eligible for a grant under subsection (a).

(2) Grant requirements.—Except as otherwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (a).

(3) Competitive process.—The Secretary shall solicit grant applications and make grants for eligible projects on a competitive basis.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103–429, § 6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–287, § 5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, § 3007(a)(1), (b)–(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105–206, title IX, § 9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107–232, § 1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108–88, § 8(n), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, § 9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, § 7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, § 7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, § 7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, § 8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, § 7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, § 7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, § 7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, § 7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, § 7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §§ 3002(b)(4), 3009(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1568–1571; Pub. L. 110–244, title II, § 201(c), June 6, 2008, 122 Stat. 1609; Pub. L. 111–147, title IV, § 432, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, § 2302, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, § 302, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, § 132, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, § 302, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, § 302, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, § 20007, div. G, title III, § 113002, July 6, 2012, 126 Stat. 652, 983; Pub. L. 114–94, div. A, title III, § 3004, Dec. 4, 2015, 129 Stat. 1450; Pub. L. 115–31, div. K, title I, § 165, May 5, 2017, 131 Stat. 749.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5307(a)(1)49 App.:1607a(j)(1) (last sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(j)(1) (last sentence); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§ 309(b)(1), (2), 327(b), 101 Stat. 227, 238.
5307(a)(2)49 App.:1607a(m)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(h), (i), (m)(1); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2145, 2147; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238; Oct. 6, 1992, Pub. L. 102–388, § 503(2), 106 Stat. 1567.
5307(b)(1)49 App.:1607a(j)(1) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(j)(1) (1st sentence); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§ 309(b)(3), 327(b), 101 Stat. 227, 238.
5307(b)(2)49 App.:1607a(j)(1) (2d sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(j)(1) (2d sentence); added Dec. 18, 1991, Pub. L. 102–240, § 3013(h)(1), 105 Stat. 2107.
5307(b)(3)49 App.:1607a(j)(1) (3d, 4th sentences).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(j)(1) (3d, 4th sentences); added Apr. 2, 1987, Pub. L. 100–17, § 308, 101 Stat. 226.
5307(b)(4)49 App.:1607a(j)(2).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(j)(2); added Apr. 2, 1987, Pub. L. 100–17, § 309(b)(4), 101 Stat. 227.
5307(b)(5)49 App.:1607a(j)(3).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(j)(3); added Dec. 18, 1991, Pub. L. 102–240, § 3013(h)(2), 105 Stat. 2107.
5307(c)49 App.:1607a(f).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(f); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, § 3013(g), 105 Stat. 2107.
5307(d)(1)49 App.:1607a(e)(2) (1st, last sentences).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(e)(2); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §§ 312(a), 327(b), 101 Stat. 228, 238; Dec. 18, 1991, Pub. L. 102–240, § 3013(d), 105 Stat. 2106.
 49 App.:1607a(e)(3).July 9, 1964, Pub. L. 88–365, 78 Stat. 202, § 9(e)(3); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, § 3013(f), 105 Stat. 2106.
5307(d)(2)49 App.:1607a(e)(5).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(e)(5); added Apr. 2, 1987, Pub. L. 100–17, § 312(f)(1), 101 Stat. 229.
5307(e)49 App.:1607a(k)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(1); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§ 309(c), (d), (f), 312(b)(1), 327(b), 101 Stat. 227, 228, 238.
5307(f)49 App.:1607a (note).Nov. 21, 1989, Pub. L. 101–164, § 334(c), 103 Stat. 1098.
5307(g)49 App.:1607a(p).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(p); added Apr. 2, 1987, Pub. L. 100–17, § 306(b), 101 Stat. 225.
5307(h)49 App.:1607a(e)(6).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(e)(6); added Dec. 18, 1991, Pub. L. 102–240, § 3013(e), 105 Stat. 2106.
5307(i)49 App.:1607a(g).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(g); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §§ 312(f)(2), 327(b), 101 Stat. 229, 238.
5307(j)49 App.:1607a(e)(4).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(e)(4); added Apr. 2, 1987, Pub. L. 100–17, § 312(b)(2), 101 Stat. 228.
5307(k)49 App.:1607a(e)(2) (2d, 3d sentences).
5307(l)49 App.:1607a(i).
5307(m)49 App.:1607a(r).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(r); added Dec. 18, 1991, Pub. L. 102–240, § 3013(j), 105 Stat. 2107.
5307(n)(1)49 App.:1607a(h).
5307(n)(2)49 App.:1607a(e)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(e)(1); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, § 3013(c), 105 Stat. 2106.

In subsection (a)(2)(A), the word “required” is omitted as surplus. The word “apportion” is substituted for “dispense” for consistency in this chapter. The word “appropriated” is omitted for clarity.
In subsection (a)(2)(B), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “by lease, contract, or otherwise” are omitted as surplus.
In subsection (b)(1), the words “by operation or lease or otherwise” are omitted as surplus.
In subsection (b)(3), the words “the Secretary prescribes” are added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence) is omitted as executed.
In subsection (b)(4), the words “(whether by employees of the grant recipient or by contract)” are omitted as surplus.
In subsection (c)(1), the words “of funds” are omitted as surplus. The words “to the recipient” are added for clarity. The words “with such funds” are omitted as surplus.
In subsection (c)(3), the words “as appropriate” are omitted as surplus.
In subsection (c)(5), the words “and shall, if deemed appropriate by the recipient, modify the proposed program of projects” are omitted as surplus.
In subsection (d)(1)(B), the words “through operation or lease or otherwise” are omitted as surplus.
In subsection (d)(1)(D), the words “ensure that elderly and handicapped individuals . . . 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” are substituted for 49 App.:1607a(e)(3)(C) and the words “will give the rate required by section 1604(m) of this Appendix” for clarity and consistency in the revised title. The word “duly” is omitted as surplus.
In subsection (d)(1)(J)(ii), the words “has decided” are added for clarity to correct an error in the source provisions being restated.
In subsection (e), the words “at its option”, “public”, “the amount of any”, “by such system”, “Any public or private”, “solely”, and “available in” are omitted as surplus.
In subsection (f), the word “authority” is substituted for “agency or instrumentality” for consistency in the revised title and with other titles of the Code.
In subsection (f)(1), the words “is responsible under State laws for the financing, construction and operation, directly by lease, contract or otherwise, of public transportation services” are omitted as surplus because a State that is a designated recipient has that responsibility. The words “of UMTA funds”, “combined total permissible”, and “regardless of whether the amount for any particular urbanized area is exceeded” are omitted as surplus.
In subsection (f)(2), the word “Secretary” is substituted for “UMTA” [subsequently changed to “FTA” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088)] because of 49:102(b) and 107(a). The words “This provision shall take effect with the fiscal year 1990 section 9 apportionment” are omitted as obsolete.
In subsection (g)(2), before clause (A), the word “applies” is substituted for “is sought beyond the currently authorized funds for such recipient” to eliminate unnecessary words. In clause (A), the words “of funds” are omitted as surplus.
In subsection (g)(3), the words “Subject to the provisions of this paragraph”, “the Federal share of which the Secretary is authorized to pay under this subsection”, and “actually” are omitted as surplus.
In subsection (i)(1)(A), before clause (i), the words “necessary or” are omitted as surplus. In clause (ii), the words “required by law” are substituted for “which is consistent with the applicable requirements of this chapter and other applicable laws” to eliminate unnecessary words.
In subsection (i)(1)(B), the words “Comptroller General” are substituted for “General Accounting Office” because of 31:702(b).
In subsection (i)(2), the words “In addition to the reviews and audits described in paragraph (1)” and “perform a” are omitted as surplus.
Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to eliminate unnecessary words.
In subsection (l), the words “Administrator for Federal Procurement Policy” are substituted for “Office of Federal Procurement Policy” because of 41:404(b). The words “Such approval shall be binding until withdrawn” are omitted as surplus.
In subsection (n)(1), the words “available under section 5336 of this title” are substituted for “available under this subsection” for clarity.
In subsection (n)(2), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The reference to 49 App.:1604(k)(3) is omitted as obsolete. The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.

Pub. L. 103–429, § 6(7)(A)This amends 49:5307(d)(1)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 797).

Pub. L. 103–429, § 6(7)(B)This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).

Pub. L. 104–287This amends 49:5307(a)(2) to delete an obsolete provision.

References in TextThe Social Security Act, referred to in subsec. (c)(1)(D)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVIII of such Act are classified generally to subchapters II (§ 401 et seq.) and XVIII (§ 1395 et seq.) respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments2017—Subsec. (a)(2), (3). Pub. L. 115–31 added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:
“(2) Special rule.—The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—
“(A) for public transportation systems that operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; and
“(B) for public transportation systems that operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours.
“(3) Exception to the special rule.—Notwithstanding paragraph (2), if a public transportation system described in such paragraph executes a written agreement with 1 or more other public transportation systems within the urbanized area to allocate funds for the purposes described in the paragraph by a method other than by measuring vehicle revenue hours, each public transportation system that is a party to the written agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in the paragraph.”
2015—Subsec. (a)(2). Pub. L. 114–94, § 3004(1)(A), inserted “or demand response service, excluding ADA complementary paratransit service,” before “during peak” in subpars. (A) and (B).
Subsec. (a)(3). Pub. L. 114–94, § 3004(1)(B), added par. (3).
Subsec. (c)(1)(C). Pub. L. 114–94, § 3004(2)(A), inserted “in accordance with the recipient’s transit asset management plan” after “equipment and facilities”.
Subsec. (c)(1)(K). Pub. L. 114–94, § 3004(2)(B), substituted “Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and” for “Census—
“(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for associated transit improvements, as defined in section 5302; and
“(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and”.
2012—Pub. L. 112–141, § 20007, amended section generally. Prior to amendment, section related to urbanized area formula grants and consisted of subsecs. (a) to (l).
Subsec. (b)(2). Pub. L. 112–141, § 113002(1), substituted “Special rule for fiscal years 2005 through 2012” for “Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” in heading.
Pub. L. 112–140, §§ 1(c), 302(1), temporarily substituted “ending on july 6, 2012” for “ending on june 30, 2012” in heading. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 302(1), substituted “Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” for “Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” in heading.
Subsec. (b)(2)(A). Pub. L. 112–141, § 113002(2), substituted “2012,” for “2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,” in introductory provisions.
Pub. L. 112–140, §§ 1(c), 302(2), temporarily substituted “ending on July 6, 2012,” for “ending on June 30, 2012,” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 302(2), substituted “2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 112–141, § 113002(3), substituted “Maximum amounts in fiscal years 2008 through 2012” for “Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” in heading and “2012” for “2011 and during the period beginning on October 1, 2011, and ending on June 30, 2012” in introductory provisions.
Pub. L. 112–140, §§ 1(c), 302(3), temporarily substituted “ending on july 6, 2012” for “ending on june 30, 2012” in heading and “ending on July 6, 2012” for “ending on June 30, 2012” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 302(3), substituted “Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” for “Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” in heading and “2011 and during the period beginning on October 1, 2011, and ending on June 30, 2012” for “2011 and during the period beginning on October 1, 2011, and ending on March 31, 2012” in introductory provisions.
2011—Subsec. (b)(2). Pub. L. 112–30, § 132(1), substituted “Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” for “Special rule for fiscal years 2005 through 2011” in heading.
Pub. L. 112–5, § 302(1), substituted “Special rule for fiscal years 2005 through 2011” for “Special rule for fiscal years 2005 through 2010, and the period beginning october 1, 2010, and ending march 4, 2011” in heading.
Subsec. (b)(2)(A). Pub. L. 112–30, § 132(2), substituted “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011,” in introductory provisions.
Pub. L. 112–5, § 302(2), substituted “2011,” for “2010, and the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 112–30, § 132(3), substituted “Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” for “Maximum amounts in fiscal years 2008 through 2011” in heading and “2011 and during the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011” in introductory provisions.
Pub. L. 112–5, § 302(3), substituted “Maximum amounts in fiscal years 2008 through 2011” for “Maximum amounts in fiscal years 2008 through 2010 and during the period beginning october 1, 2010, and ending march 4, 2011” in heading and “In each of fiscal years 2008 through 2011” for “In fiscal years 2008 through 2010, and during the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
2010—Subsec. (b)(2). Pub. L. 111–322, § 2302(1), substituted “march 4, 2011” for “december 31, 2010” in heading.
Pub. L. 111–147, § 432(1), substituted “2010, and the period beginning october 1, 2010, and ending december 31, 2010” for “2009” in heading.
Subsec. (b)(2)(A). Pub. L. 111–322, § 2302(2), substituted “March 4, 2011” for “December 31, 2010” in introductory provisions.
Pub. L. 111–147, § 432(2), substituted “2010, and the period beginning October 1, 2010, and ending December 31, 2010,” for “2009,” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 111–322, § 2302(3), substituted “march 4, 2011” for “december 31, 2010” in heading and “March 4, 2011” for “December 31, 2010” in introductory provisions.
Pub. L. 111–147, § 432(3), substituted “through 2010 and during the period beginning october 1, 2010, and ending december 31, 2010” for “and 2009” in heading and “through 2010, and during the period beginning October 1, 2010, and ending December 31, 2010,” for “and 2009” in introductory provisions.
2008—Subsec. (b)(2). Pub. L. 110–244, § 201(c)(1), substituted “2009” for “2007” in heading.
Subsec. (b)(2)(A). Pub. L. 110–244, § 201(c)(2), in introductory provisions, substituted “2009” for “2007” and “public” for “mass”.
Subsec. (b)(2)(E). Pub. L. 110–244, § 201(c)(3), added subpar. (E).
Subsec. (b)(3). Pub. L. 110–244, § 201(c)(4), substituted “section 5303(k)” for “section 5305(a)” in introductory provisions.
2005—Subsec. (a)(1). Pub. L. 109–59, § 3009(b)(1), substituted “means—” for “means”, designated part of existing provisions as subpar. (A), and added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 109–59, § 3009(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “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; or”.
Subsec. (a)(2)(B). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(1). Pub. L. 109–59, § 3009(c)(1), added par. (1) and struck out former par. (1) which read as follows: “The Secretary of Transportation may make grants under this section for capital projects and to finance the planning and improvement costs of equipment, facilities, and associated capital maintenance items for use in mass transportation, including the renovation and improvement of historic transportation facilities with related private investment. The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000.”
Subsec. (b)(2). Pub. L. 109–59, § 3009(c)(2), added par. (2) and struck out former par. (2) which related to special rule for fiscal years 2003 and 2004 and for the period of Oct. 1, 2004, through July 30, 2005.
Pub. L. 109–40, § 7(m)(1), substituted “july 30, 2005” for “july 27, 2005” in heading.
Pub. L. 109–37, § 7(m)(1), substituted “july 27, 2005” for “july 21, 2005” in heading.
Pub. L. 109–35, § 7(m)(1), substituted “july 21, 2005” for “july 19, 2005” in heading.
Pub. L. 109–20, § 7(m)(1), substituted “july 19, 2005” for “june 30, 2005” in heading.
Pub. L. 109–14, § 7(m)(1), substituted “june 30, 2005” for “may 31, 2005” in heading.
Subsec. (b)(2)(A). Pub. L. 109–40, § 7(m)(2), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, § 7(m)(2), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, § 7(m)(2), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, § 7(m)(2), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, § 7(m)(2), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4). Pub. L. 109–59, § 3009(c)(3), struck out par. (4) which read as follows: “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.”
Subsec. (c)(5). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d)(1)(A). Pub. L. 109–59, § 3009(d)(1), inserted “, including safety and security aspects of the program” before semicolon at end.
Subsec. (d)(1)(E)(iv). Pub. L. 109–59, § 3009(d)(2), added cl. (iv).
Subsec. (d)(1)(H). Pub. L. 109–59, § 3009(d)(3), substituted “section 5301(a), section 5301(d), and sections 5303 through 5306” for “sections 5301(a) and (d), 5303–5306, and 5310(a)–(d) of this title”.
Subsec. (d)(1)(J)(i). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (d)(1)(K). Pub. L. 109–59, § 3009(d)(4), (5), added subpar. (K).
Subsec. (e). Pub. L. 109–59, § 3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: “A grant of the Government 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 than 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.”
Subsec. (f)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (g)(4). Pub. L. 109–59, § 3009(f), struck out par. (4) which read as follows: “The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection.”
Subsecs. (h), (i). Pub. L. 109–59, § 3009(a), redesignated subsecs. (i) and (l) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: “The Secretary 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.”
Subsec. (j). Pub. L. 109–59, § 3009(a), redesignated subsec. (m) as (j) and struck out heading and text of former subsec. (j). Text read as follows: “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.”
Subsec. (k). Pub. L. 109–59, § 3009(g), reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows:
“(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 reimbursement, 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, 5319, 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.”
Pub. L. 109–59, § 3009(a), redesignated subsec. (n) as (k) and struck out heading and text of former subsec. (k). Text read as follows:
“(1) In general.—One percent of the funds apportioned to urbanized areas with a population of at least 200,000 under section 5336 for a fiscal year shall be made available for transit enhancement activities in accordance with section 5302(a)(15).
“(2) Period of availability.—Funds apportioned under paragraph (1) shall be available for obligation for 3 years following the fiscal year in which the funds are apportioned. Funds that are not obligated at the end of such period shall be reapportioned under the urbanized area formula program of section 5336.
“(3) Report.—A recipient of funds apportioned under paragraph (1) shall submit, as part of the recipient’s annual certification to the Secretary, a report listing the projects carried out during the preceding fiscal year with those funds.”
Subsec. (l). Pub. L. 109–59, § 3009(h), added subsec. (l).
Pub. L. 109–59, § 3009(a)(2), redesignated subsec. (l) as (i).
Subsecs. (m), (n). Pub. L. 109–59, § 3009(a)(2), redesignated subsecs. (m) and (n) as (j) and (k), respectively.
2004—Subsec. (b)(2). Pub. L. 108–310 inserted “and for the period of october 1, 2004, through may 31, 2005” after “2004” in heading and directed the insertion of “and for the period of October 1, 2004, through May 31, 2005” after “2004,” in subpar. (A), which was executed by making the insertion after “2004” in introductory provisions of subpar. (A), to reflect the probable intent of Congress.
Pub. L. 108–280 substituted “fiscal years 2003 and 2004” for “fiscal year 2003 and for the period of october 1, 2003, through july 31, 2004” in heading and “fiscal years 2003 and 2004” for “fiscal year 2003, and for the period of October 1, 2003, through July 31, 2004” in introductory provisions of subpar. (A).
Pub. L. 108–263 substituted “july 31, 2004” for “june 30, 2004” in heading and “July 31, 2004” for “June 30, 2004” in introductory provisions of subpar. (A).
Pub. L. 108–224 substituted “june 30, 2004” for “april 30, 2004” in heading and “June 30, 2004” for “April 30, 2004” in introductory provisions of subpar. (A).
Pub. L. 108–202 substituted “april 30, 2004” for “february 29, 2004” in heading and “April 30, 2004” for “February 29, 2004” in introductory provisions of subpar. (A).
2003—Subsec. (b)(2). Pub. L. 108–88, § 8(n)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003” in heading.
Subsec. (b)(2)(A). Pub. L. 108–88, § 8(n)(2), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003,” and added cl. (iv).
Subsec. (b)(2)(B). Pub. L. 108–88, § 8(n)(3), inserted at end “Each portion of an area not designated as an urbanized area under the 1990 Federal decennial census and eligible to receive funds under subparagraph (A)(iv) shall receive an amount of funds made available to carry out this section that is no less than the amount the portion of the area received under section 5311 in fiscal year 2002.”
2002—Subsec. (b)(1). Pub. L. 107–232, § 1(1), struck out at end “The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000.”
Subsec. (b)(2) to (4). Pub. L. 107–232, § 1(2)–(4), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and realigned margins of par. (3)(C), as redesignated.
1998—Pub. L. 105–178, § 3007(a)(1), substituted “Urbanized area formula grants” for “Block grants” in section catchline.
Subsec. (a). Pub. L. 105–178, § 3007(b)(1), substituted “In this section, the following definitions apply:” for “In this section—” in introductory provisions.
Subsec. (a)(1). Pub. L. 105–178, § 3007(b)(2), inserted “Associated capital maintenance items.—The term” after “(1)”.
Subsec. (a)(2). Pub. L. 105–178, § 3007(b)(3), inserted “Designated recipient.—The term” after “(2)”.
Subsec. (b)(1). Pub. L. 105–178, § 3007(h)(1), as added by Pub. L. 105–206, § 9009(e), inserted at end “The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000.”
Pub. L. 105–178, § 3007(c)(1), substituted “and improvement costs of equipment” for “, improvement, and operating costs of equipment” and inserted at end “The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000.”
Subsec. (b)(2)(A). Pub. L. 105–178, § 3007(c)(2)(A), inserted “, in writing,” after “approved”.
Subsec. (b)(2)(C). Pub. L. 105–178, § 3007(c)(2)(B)–(4), added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 105–178, § 3007(c)(5), (6), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “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.”
Subsec. (b)(5). Pub. L. 105–178, § 3007(c)(5), struck out par. (5) which read as follows: “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.”
Subsec. (g)(3). Pub. L. 105–178, § 3007(d), substituted “the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.” for “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.”
Subsec. (i)(2). Pub. L. 105–178, § 3007(e), inserted at end “To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.”
Subsec. (k). Pub. L. 105–178, § 3007(f), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “A certification under subsection (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 a list of all certifications required under this chapter with the publication required under section 5336(e)(2) of this title.”
Subsec. (k)(3). Pub. L. 105–178, § 3007(h)(2), as added by Pub. L. 105–206, § 9009(e), inserted “preceding” before “fiscal year”.
Subsec. (n)(2). Pub. L. 105–178, § 3007(g), inserted “5319,” after “5318,”.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted “title; or” for “title;” in subpar. (A) and “transportation.” for “transportation; or” in subpar. (B) and struck out subpar. (C) which read as follows: “a recipient designated under section 5(b)(1) of the Federal Transit Act not later than January 5, 1983.”
1994—Subsec. (d)(1)(D). Pub. L. 103–429, § 6(7)(A), substituted “section” for “chapter”.
Subsec. (d)(1)(E)(iii). Pub. L. 103–429, § 6(7)(B), substituted “Buy America” for “Buy-American”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective and Termination Dates of 2012 AmendmentAmendment by section 20007 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113002 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Pilot Program for Cooperative Procurement of Major Capital EquipmentPub. L. 108–447, div. H, title I, § 167, Dec. 8, 2004, 118 Stat. 3228, required the Secretary to continue the pilot program authorized under section 166 of Pub. L. 108–199, increased the program to 5 pilot projects, and required reports on the results of the projects.
Pub. L. 108–199, div. F, title I, § 166, Jan. 23, 2004, 118 Stat. 309, required the Secretary to establish a pilot program consisting of 3 pilot projects related to cooperative procurement of major capital equipment and required reports on the results of the projects.

Local SharePub. L. 105–178, title III, § 3011, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 108–202, § 9(u), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, § 7(u), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, § 7(u), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, § 7(u), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, § 8(u), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, § 7(t), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, § 7(s), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, § 7(s), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, § 7(s), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, § 7(s), July 28, 2005, 119 Stat. 421, allowed recipients of assistance under section 5307 or 5309 of this title to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project for fiscal years 1999 to 2004 and from Oct. 1, 2004, to July 30, 2005.

Pilot Program for Intercity Rail Infrastructure Investment From Mass Transit Account of Highway Trust FundPub. L. 105–178, title III, § 3021, June 9, 1998, 112 Stat. 363; as amended by Pub. L. 105–206, title IX, § 9009(m), July 22, 1998, 112 Stat. 857; Pub. L. 105–277, div. A, § 101(g) [title III, § 354], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476; Pub. L. 106–69, title III, § 323, Oct. 9, 1999, 113 Stat. 1020, required the Secretary of Transportation to establish a pilot program to determine the benefits of using funds from the Mass Transit Account of the Highway Trust Fund for intercity passenger rail and required a report evaluating the program to be submitted no later than Oct. 1, 2002.

Continuation of Operating Assistance to Certain Larger Urbanized AreasPub. L. 105–178, title III, § 3027(c), June 9, 1998, 112 Stat. 366; as amended by Pub. L. 105–206, title IX, § 9009(o)(1), July 22, 1998, 112 Stat. 858; Pub. L. 105–277, div. A, § 101(g) [title III, § 360], Oct. 21, 1998, 112 Stat. 2681–439, 2681–477; Pub. L. 106–31, title VI, § 6004, May 21, 1999, 113 Stat. 113; Pub. L. 106–346, § 101(a) [title III, § 341], Oct. 23, 2000, 114 Stat. 1356, 1356A–32; Pub. L. 108–199, div. F, title I, § 176, Jan. 23, 2004, 118 Stat. 311, authorized the Secretary of Transportation to continue helping to finance mass transportation operating costs in certain urban areas for the period beginning on June 9, 1998, and ending no later than 3 years after that date.

[§ 5308. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105–178, title III, § 3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105–206, title IX, § 9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109–59, title III, § 3010(a), Aug. 10, 2005, 119 Stat. 1572, related to a grant program for clean fuel buses.

Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

National Fuel Cell Bus Technology Development ProgramPub. L. 109–59, title III, § 3045, Aug. 10, 2005, 119 Stat. 1705, which provided for the establishment of a national fuel cell bus technology development program, was repealed by Pub. L. 112–141, div. B, § 20002(c)(4), July 6, 2012, 126 Stat. 622.

§ 5309. Fixed guideway capital investment grants(a) Definitions.—In this section, the following definitions shall apply:(1) Applicant.—The term “applicant” means a State or local governmental authority that applies for a grant under this section.

(2) Core capacity improvement project.—The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system.

(3) Corridor-based bus rapid transit project.—The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.

(4) Fixed guideway bus rapid transit project.—The term “fixed guideway bus rapid transit project” means a bus capital project—(A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;

(B) that represents a substantial investment in a single route in a defined corridor or subarea; and

(C) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—(i) defined stations;

(ii) traffic signal priority for public transportation vehicles;

(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and

(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.

(5) New fixed guideway capital project.—The term “new fixed guideway capital project” means—(A) a new fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or

(B) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.

(6) Program of interrelated projects.—The term “program of interrelated projects” means the simultaneous development of—(A) 2 or more new fixed guideway capital projects, small start projects, or core capacity improvement projects; or

(B) 2 or more projects that are any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects.

(7) Small start project.—The term “small start project” means a new fixed guideway capital project or corridor-based bus rapid transit project for which—(A) the Federal assistance provided or to be provided under this section is less than $100,000,000; and

(B) the total estimated net capital cost is less than $300,000,000.

(b) General Authority.—The Secretary may make grants under this section to State and local governmental authorities to assist in financing—(1) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of project development or engineering; and

(2) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.

(c) Grant Requirements.—(1) In general.—The Secretary may make a grant under this section for new fixed guideway capital projects, small start projects, or core capacity improvement projects, if the Secretary determines that—(A) the project is part of an approved transportation plan required under sections 5303 and 5304; and

(B) the applicant has, or will have—(i) the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of the project;

(ii) satisfactory continuing control over the use of the equipment or facilities; and

(iii) the technical and financial capacity to maintain new and existing equipment and facilities.

(2) Certification.—An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(c)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection.

(3) Technical capacity.—The Secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed at least 1 new fixed guideway capital project, or core capacity improvement project, if—(A) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and

(B) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.

(4) Recipient requirements.—A recipient of a grant awarded under this section shall be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for purposes of this section.

(d) New Fixed Guideway Grants.—(1) Project development phase.—(A) Entrance into project development phase.—A new fixed guideway capital project shall enter into the project development phase when—(i) the applicant—(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and

(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and

(ii) the Secretary—(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and

(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway capital project is entering the project development phase.

(B) Activities during project development phase.—Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection.

(C) Completion of project development activities required.—(i) In general.—Not later than 2 years after the date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and submit completed documentation to the Secretary.

(ii) Extension of time.—Upon the request of an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary—(I) a reasonable plan for completing the activities required under this paragraph; and

(II) an estimated time period within which the applicant will complete such activities.

(2) Engineering phase.—(A) In general.—A new fixed guideway capital project may advance to the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that the project—(i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii) is adopted into the metropolitan transportation plan required under section 5303;

(iii) is justified based on a comprehensive review of the project’s mobility improvements, the project’s environmental benefits, congestion relief associated with the project, economic development effects associated with the project, policies and land use patterns of the project that support public transportation, and the project’s cost-effectiveness as measured by cost per rider; and

(iv) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).

(B) Determination that project is justified.—In making a determination under subparagraph (A)(iii), the Secretary shall evaluate, analyze, and consider—(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; and

(ii) population density and current public transportation ridership in the transportation corridor.

(e) Core Capacity Improvement Projects.—(1) Project development phase.—(A) Entrance into project development phase.—A core capacity improvement project shall be deemed to have entered into the project development phase if—(i) the applicant—(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and

(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and

(ii) the Secretary—(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including when necessary a detailed description of any information deemed insufficient; and

(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development phase.

(B) Activities during project development phase.—Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection.

(C) Completion of project development activities required.—(i) In general.—Not later than 2 years after the date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and submit completed documentation to the Secretary.

(ii) Extension of time.—Upon the request of an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary—(I) a reasonable plan for completing the activities required under this paragraph; and

(II) an estimated time period within which the applicant will complete such activities.

(2) Engineering phase.—(A) In general.—A core capacity improvement project may advance into the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that the project—(i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969;

(ii) is adopted into the metropolitan transportation plan required under section 5303;

(iii) is in a corridor that is—(I) at or over capacity; or

(II) projected to be at or over capacity within the next 5 years;

(iv) is justified based on a comprehensive review of the project’s mobility improvements, the project’s environmental benefits, congestion relief associated with the project, economic development effects associated with the project, the capacity needs of the corridor, and the project’s cost-effectiveness as measured by cost per rider; and

(v) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).

(B) Determination that project is justified.—In making a determination under subparagraph (A)(iv), the Secretary shall evaluate, analyze, and consider—(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;

(ii) whether the project will increase capacity at least 10 percent in a corridor;

(iii) whether the project will improve interconnectivity among existing systems; and

(iv) whether the project will improve environmental outcomes.

(f) Financing Sources.—(1) Requirements.—In determining whether a project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall require that—(A) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls;

(B) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and

(C) local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project.

(2) Considerations.—In assessing the stability, reliability, and availability of proposed sources of local financing for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall consider—(A) the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient;

(B) existing grant commitments;

(C) the degree to which financing sources are dedicated to the proposed purposes;

(D) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose;

(E) the extent to which the project has a local financial commitment that exceeds the required non-Government share of the cost of the project; and

(F) private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.

(g) Project Advancement and Ratings.—(1) Project advancement.—A new fixed guideway capital project or core capacity improvement project proposed to be carried out using a grant under this section may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that—(A) the project meets the applicable requirements under this section; and

(B) there is a reasonable likelihood that the project will continue to meet the requirements under this section.

(2) Ratings.—(A) Overall rating.—In making a determination under paragraph (1), the Secretary shall evaluate and rate a project as a whole on a 5-point scale (high, medium-high, medium, medium-low, or low) based on—(i) in the case of a new fixed guideway capital project, the project justification criteria under subsection (d)(2)(A)(iii), and the degree of local financial commitment; and

(ii) in the case of a core capacity improvement project, the capacity needs of the corridor, the project justification criteria under subsection (e)(2)(A)(iv), and the degree of local financial commitment.

(B) Individual ratings for each criterion.—In rating a project under this paragraph, the Secretary shall—(i) provide, in addition to the overall project rating under subparagraph (A), individual ratings for each of the criteria established under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable; and

(ii) give comparable, but not necessarily equal, numerical weight to each of the criteria established under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in calculating the overall project rating under clause (i).

(C) Medium rating not required.—The Secretary shall not require that any single project justification criterion meet or exceed a “medium” rating in order to advance the project from one phase to another.

(3) Warrants.—The Secretary shall, to the maximum extent practicable, develop and use special warrants for making a project justification determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section, if—(A) the share of the cost of the project to be provided under this section does not exceed—(i) $100,000,000; or

(ii) 50 percent of the total cost of the project;

(B) the applicant requests the use of the warrants;

(C) the applicant certifies that its existing public transportation system is in a state of good repair; and

(D) the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection.

(4) Letters of intent and early systems work agreements.—In order to expedite a project under this subsection, the Secretary shall, to the maximum extent practicable, issue letters of intent and enter into early systems work agreements upon issuance of a record of decision for projects that receive an overall project rating of medium or better.

(5) Policy guidance.—The Secretary shall issue policy guidance regarding the review and evaluation process and criteria—(A) not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2012; and

(B) each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.

(6) Rules.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue rules establishing an evaluation and rating process for—(A) new fixed guideway capital projects that is based on the results of project justification, policies and land use patterns that promote public transportation, and local financial commitment, as required under this subsection; and

(B) core capacity improvement projects that is based on the results of the capacity needs of the corridor, project justification, and local financial commitment.

(7) Applicability.—This subsection shall not apply to a project for which the Secretary issued a letter of intent, entered into a full funding grant agreement, or entered into a project construction agreement before the date of enactment of the Federal Public Transportation Act of 2012.

(h) Small Start Projects.—(1) In general.—A small start project shall be subject to the requirements of this subsection.

(2) Project development phase.—(A) Entrance into project development phase.—A new small starts project shall enter into the project development phase when—(i) the applicant—(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and

(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and

(ii) the Secretary—(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and

(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project is entering the project development phase.

(B) Activities during project development phase.—Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification, policies and land use patterns that promote public transportation, and local financial commitment under this subsection.

(3) Selection criteria.—The Secretary may provide Federal assistance for a small start project under this subsection only if the Secretary determines that the project—(A) has been adopted as the locally preferred alternative as part of the metropolitan transportation plan required under section 5303;

(B) is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and

(C) is supported by an acceptable degree of local financial commitment.

(4) Evaluation of benefits and federal investment.—In making a determination for a small start project under paragraph (3)(B), the Secretary shall analyze, evaluate, and consider the following evaluation criteria for the project (as compared to a no-action alternative): mobility improvements, environmental benefits, congestion relief, economic development effects associated with the project, policies and land use patterns that support public transportation and cost-effectiveness as measured by cost per rider.

(5) Evaluation of local financial commitment.—For purposes of paragraph (3)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable.

(6) Ratings.—(A) In general.—In carrying out paragraphs (4) and (5) for a small start project, the Secretary shall evaluate and rate the project on a 5-point scale (high, medium-high, medium, medium-low, or low) based on an evaluation of the benefits of the project as compared to the Federal assistance to be provided and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by this subsection and shall give comparable, but not necessarily equal, numerical weight to the benefits that the project will bring to the community in calculating the overall project rating.

(B) Optional early rating.—At the request of the project sponsor, the Secretary shall evaluate and rate the project in accordance with paragraphs (4) and (5) and subparagraph (A) of this paragraph upon completion of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(7) Grants and expedited grant agreements.—(A) In general.—The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.

(B) Terms of expedited grant agreements.—In executing an expedited grant agreement under this subsection, the Secretary may include in the agreement terms similar to those established under subsection (k)(2).

(C) Notice of proposed grants and expedited grant agreements.—At least 10 days before making a grant award or entering into a grant agreement for a project under this subsection, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited grant agreement, as well as the evaluations and ratings for the project.

(i) Programs of Interrelated Projects.—(1) Project development phase.—A federally funded project in a program of interrelated projects shall advance through project development as provided in subsection (d), (e), or (h), as applicable.

(2) Engineering phase.—A federally funded new fixed guideway capital project or core capacity improvement project in a program of interrelated projects may advance into the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that—(A) the project is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969;

(B) the project is adopted into the metropolitan transportation plan required under section 5303;

(C) the program of interrelated projects involves projects that have a logical connectivity to one another;

(D) the program of interrelated projects, when evaluated as a whole—(i) meets the requirements of subsection (d)(2), subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised entirely of—(I) new fixed guideway capital projects;

(II) core capacity improvement projects; or

(III) small start projects; or

(ii) meets the requirements of subsection (d)(2) if the program is comprised of any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects;

(E) the program of interrelated projects is supported by a program implementation plan demonstrating that construction will begin on each of the projects in the program of interrelated projects within a reasonable time frame; and

(F) the program of interrelated projects is supported by an acceptable degree of local financial commitment, as described in subsection (f) or subsection (h)(5), as applicable.

(3) Project advancement and ratings.—(A) Project advancement.—A project receiving a grant under this section that is part of a program of interrelated projects may not advance—(i) in the case of a small start project, from the project development phase to the construction phase unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements; or

(ii) in the case of a new fixed guideway capital project or a core capacity improvement project, from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements.

(B) Ratings.—(i) Overall rating.—In making a determination under subparagraph (A), the Secretary shall evaluate and rate a program of interrelated projects on a 5-point scale (high, medium-high, medium, medium-low, or low) based on the criteria described in paragraph (2).

(ii) Individual rating for each criterion.—In rating a program of interrelated projects, the Secretary shall provide, in addition to the overall program rating, individual ratings for each of the criteria described in paragraph (2) and shall give comparable, but not necessarily equal, numerical weight to each such criterion in calculating the overall program rating.

(iii) Medium rating not required.—The Secretary shall not require that any single criterion described in paragraph (2) meet or exceed a “medium” rating in order to advance the program of interrelated projects from one phase to another.

(4) Annual review.—(A) Review required.—The Secretary shall annually review the program implementation plan required under paragraph (2)(E) to determine whether the program of interrelated projects is adhering to its schedule.

(B) Extension of time.—If a program of interrelated projects is not adhering to its schedule, the Secretary may, upon the request of the applicant, grant an extension of time if the applicant submits a reasonable plan that includes—(i) evidence of continued adequate funding; and

(ii) an estimated time frame for completing the program of interrelated projects.

(C) Satisfactory progress required.—If the Secretary determines that a program of interrelated projects is not making satisfactory progress, no Federal funds shall be provided for a project within the program of interrelated projects.

(5) Failure to carry out program of interrelated projects.—(A) Repayment required.—If an applicant does not carry out the program of interrelated projects within a reasonable time, for reasons within the control of the applicant, the applicant shall repay all Federal funds provided for the program, and any reasonable interest and penalty charges that the Secretary may establish.

(B) Crediting of funds received.—Any funds received by the Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.

(6) Non-federal funds.—Any non-Federal funds committed to a project in a program of interrelated projects may be used to meet a non-Government share requirement for any other project in the program of interrelated projects, if the Government share of the cost of each project within the program of interrelated projects does not exceed 80 percent.

(7) Priority.—In making grants under this section, the Secretary may give priority to programs of interrelated projects for which the non-Government share of the cost of the projects included in the programs of interrelated projects exceeds the non-Government share required under subsection (l).

(8) Non-government projects.—Including a project not financed by the Government in a program of interrelated projects does not impose Government requirements that would not otherwise apply to the project.

(j) Previously Issued Letter of Intent or Full Funding Grant Agreement.—Subsections (d) and (e) shall not apply to projects for which the Secretary has issued a letter of intent, approved entry into final design, entered into a full funding grant agreement, or entered into a project construction grant agreement before the date of enactment of the Federal Public Transportation Act of 2012.

(k) Letters of Intent, Full Funding Grant Agreements, and Early Systems Work Agreements.—(1) Letters of intent.—(A) Amounts intended to be obligated.—The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a new fixed guideway capital project or core capacity improvement project, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for a capital project under this section, the amount shall be sufficient to complete at least an operable segment.

(B) Treatment.—The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment.

(2) Full funding grant agreements.—(A) In general.—A new fixed guideway capital project or core capacity improvement project shall be carried out through a full funding grant agreement.

(B) Criteria.—The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under subsection (d), (e), or (i), as applicable, with each grantee receiving assistance for a new fixed guideway capital project or core capacity improvement project that has been rated as high, medium-high, or medium, in accordance with subsection (g)(2)(A) or (i)(3)(B), as applicable.

(C) Terms.—A full funding grant agreement shall—(i) establish the terms of participation by the Government in a new fixed guideway capital project or core capacity improvement project;

(ii) establish the maximum amount of Federal financial assistance for the project;

(iii) include the period of time for completing the project, even if that period extends beyond the period of an authorization; and

(iv) make timely and efficient management of the project easier according to the law of the United States.

(D) Special financial rules.—(i) In general.—A full funding grant 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.

(ii) Statement of contingent commitment.—The agreement shall state that the contingent commitment is not an obligation of the Government.

(iii) Interest and other financing costs.—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 funding grant 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 favorable financing terms.

(iv) Completion of operable segment.—The amount stipulated in an agreement under this paragraph for a new fixed guideway capital project shall be sufficient to complete at least an operable segment.

(E) Before and after study.—(i) In general.—A full funding grant agreement under this paragraph shall require the applicant to conduct a study that—(I) describes and analyzes the impacts of the new fixed guideway capital project or core capacity improvement project on public transportation services and public transportation ridership;

(II) evaluates the consistency of predicted and actual project characteristics and performance; and

(III) identifies reasons for differences between predicted and actual outcomes.

(ii) Information collection and analysis plan.—(I) Submission of plan.—Applicants seeking a full funding grant agreement under this paragraph shall submit a complete plan for the collection and analysis of information to identify the impacts of the new fixed guideway capital project or core capacity improvement project and the accuracy of the forecasts prepared during the development of the project. Preparation of this plan shall be included in the full funding grant agreement as an eligible activity.

(II) Contents of plan.—The plan submitted under subclause (I) shall provide for—(aa) collection of data on the current public transportation system regarding public transportation service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;

(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;

(cc) collection of data on the public transportation system 2 years after the opening of a new fixed guideway capital project or core capacity improvement project, including analogous information on public transportation service levels and ridership patterns and information on the as-built scope, capital, and financing costs of the project; and

(dd) analysis of the consistency of predicted project characteristics with actual outcomes.

(F) Collection of data on current system.—To be eligible for a full funding grant agreement under this paragraph, recipients shall have collected data on the current system, according to the plan required under subparagraph (E)(ii), before the beginning of construction of the proposed new fixed guideway capital project or core capacity improvement project. Collection of this data shall be included in the full funding grant agreement as an eligible activity.

(3) Early systems work agreements.—(A) Conditions.—The Secretary may enter into 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 funding 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) Contents.—(i) In general.—An early systems work agreement under this paragraph obligates budget authority available under this chapter and title 23 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 decides are appropriate to make efficient, long-term project management easier.

(ii) Contingent commitment.—An early systems work agreement 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.

(iii) Period covered.—An early systems work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization.

(iv) Interest and other financing costs.—Interest and other financing costs of efficiently carrying out the early systems 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 favorable financing terms.

(v) Failure to carry out project.—If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the early systems work agreement.

(vi) Crediting of funds received.—Any funds received by the Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.

(4) Limitation on amounts.—(A) In general.—The Secretary may enter into full funding grant agreements under this subsection for new fixed guideway capital projects and core capacity improvement projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.

(B) Appropriation required.—An obligation may be made under this subsection only when amounts are appropriated for the obligation.

(5) Notification to congress.—At least 30 days before issuing a letter of intent, entering into a full funding grant agreement, or entering into an early systems work agreement under this section, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.

(l) Government Share of Net Capital Project Cost.—(1) In general.—(A) Estimation of net capital project cost.—Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost.

(B) Grants.—(i) Grant for new fixed guideway capital project.—A grant for a new fixed guideway capital project shall not exceed 80 percent of the net capital project cost.

(ii) Full funding grant agreement for new fixed guideway capital project.—A full funding grant agreement for a new fixed guideway capital project shall not include a share of more than 60 percent from the funds made available under this section.

(iii) Grant for core capacity improvement project.—A grant for a core capacity improvement project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.

(iv) Grant for small start project.—A grant for a small start project shall not exceed 80 percent of the net capital project costs.

(2) Adjustment for completion under budget.—The Secretary may adjust the final net capital project cost of a new fixed guideway capital project or core capacity improvement project evaluated under subsection (d), (e), or (i) to include the cost of eligible activities not included in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is significantly below the original estimate.

(3) Maximum government share.—The Secretary may provide a higher grant percentage than requested by the grant recipient if—(A) the Secretary determines that the net capital project cost of the project is not more than 10 percent higher than the net capital project cost estimated at the time the project was approved for advancement into the engineering phase; and

(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into the engineering phase.

(4) Remaining costs.—The remainder of the net capital project costs shall be provided—(A) in cash from non-Government sources;

(B) from revenues from the sale of advertising and concessions; or

(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(5) Limitation on statutory construction.—Nothing in this section shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost.

(6) Special rule for rolling stock costs.—In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by 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 Government is made at the same time.

(7) Limitation on applicability.—This subsection shall not apply to projects for which the Secretary entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2012.

(8) Special rule for fixed guideway bus rapid transit projects.—For up to three fixed-guideway bus rapid transit projects each fiscal year the Secretary shall—(A) establish a Government share of at least 80 percent; and

(B) not lower the project’s rating for degree of local financial commitment for purposes of subsections (d)(2)(A)(v) or (h)(3)(C) as a result of the Government share specified in this paragraph.

(m) Undertaking Projects in Advance.—(1) In general.—The Secretary may pay the Government share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section 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 the State or local governmental authority carries 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.

(2) Financing costs.—(A) In general.—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.

(B) Limitation on amount of interest.—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.

(C) Certification.—The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(n) Availability of Amounts.—(1) In general.—An amount made available or appropriated for a new fixed guideway capital project or core capacity improvement project shall remain available to that project for 4 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any amounts that are unobligated to the project at the end of the 4-fiscal-year period may be used by the Secretary for any purpose under this section.

(2) Use of deobligated amounts.—An amount available under this section that is deobligated may be used for any purpose under this section.

(o) Reports on New Fixed Guideway and Core Capacity Improvement Projects.—(1) Annual report on funding recommendations.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes—(A) a proposal of allocations of amounts to be available to finance grants for projects under this section among applicants for these amounts;

(B) evaluations and ratings, as required under subsections (d), (e), and (i), for each such project that is in project development, engineering, or has received a full funding grant agreement; and

(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.

(2) Reports on before and after studies.—Not later than the first Monday in August of each year, the Secretary shall submit to the committees described in paragraph (1) a report containing a summary of the results of any studies conducted under subsection (k)(2)(E).

(3) Biennial gao review.—The Comptroller General of the United States shall—(A) conduct a biennial review of—(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects and core capacity improvement projects; and

(ii) the Secretary’s implementation of such processes and procedures; and

(B) report to Congress on the results of such review by May 31 of each year.

(p) Special Rule.—For the purposes of calculating the cost effectiveness of a project described in subsection (d) or (e), the Secretary shall not reduce or eliminate the capital costs of art and non-functional landscaping elements from the annualized capital cost calculation.

(q) Joint Public Transportation and Intercity Passenger Rail Projects.—(1) In general.—The Secretary may make grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.

(2) Eligible costs.—Eligible costs for a project under this subsection shall be limited to the net capital costs of the public transportation costs attributable to the project based on projected use of the new segment or expanded capacity of the project corridor, not including project elements designed to achieve or maintain a state of good repair, as determined by the Secretary under paragraph (4).

(3) Project justification and local financial commitment.—A project under this subsection shall be evaluated for project justification and local financial commitment under subsections (d), (e), (f), and (h), as applicable to the project, based on—(A) the net capital costs of the public transportation costs attributable to the project as determined under paragraph (4); and

(B) the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project.

(4) Calculation of net capital project cost.—The Secretary shall estimate the net capital costs of a project under this subsection based on—(A) engineering studies;

(B) studies of economic feasibility;

(C) the expected use of equipment or facilities; and

(D) the public transportation costs attributable to the project.

(5) Government share of net capital project cost.—(A) Government share.—The Government share shall not exceed 80 percent of the net capital cost attributable to the public transportation costs of a project under this subsection as determined under paragraph (4).

(B) Non-government share.—The remainder of the net capital cost attributable to the public transportation costs of a project under this subsection shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104–287, § 5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102–240, title III, § 3049(a), as added Pub. L. 105–130, § 8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, § 3009(a), (c)–(h)(1), (3)(D), (i)–(k), June 9, 1998, 112 Stat. 352–357; Pub. L. 105–206, title IX, § 9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106–69, title III, § 347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106–346, § 101(a) [title III, § 380], Oct. 23, 2000, 114 Stat. 1356, 1356A–42; Pub. L. 106–554, § 1(a)(4) [div. A, § 1101], Dec. 21, 2000, 114 Stat. 2763, 2763A–201; Pub. L. 108–88, § 8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108–202, § 9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, § 7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–280, § 7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, § 8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109–14, § 7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, § 7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, § 7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109–37, § 7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109–40, § 7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title III, § 3011(a), Aug. 10, 2005, 119 Stat. 1573; Pub. L. 110–244, title II, § 201(d), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, § 433, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, § 2303, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, § 303, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, § 133, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, § 303, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, § 303, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, § 20008(a), div. G, title III, § 113003, July 6, 2012, 126 Stat. 656, 984; Pub. L. 114–94, div. A, title III, § 3005(a), Dec. 4, 2015, 129 Stat. 1450.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5309(a) (1)–(5)49 App.:1602(a)(1)(A).July 9, 1964, Pub. L. 88–365, § 3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97–424, § 313, 96 Stat. 2152.
 49 App.:1602(a)(1)(B), (C), (D) (1st, 3d sentences).July 9, 1964, Pub. L. 88–365, § 3(a)(1)(B)–(D), (2)(B), (3), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2735, 2736.
5309(a)(6)49 App.:1602(a)(1)(E).July 9, 1964, Pub. L. 88–365, § 3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102–240, § 3006(a), 105 Stat. 2089.
5309(a)(7)49 App.:1602(a)(1)(F).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102–240, § 3006(b), 105 Stat. 2089.
5309(b)(1)49 App.:1602(b) (1st sentence).July 9, 1964, Pub. L. 88–365, § 3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95–599, § 302(b), 92 Stat. 2737.
5309(b)(2)49 App.:1602(a)(2)(B).
5309(b)(3)49 App.:1602(b) (8th, last sentences).
5309(b)(4), (5)49 App.:1602(b) (2d–6th sentences).
5309(c)49 App.:1602(a)(5).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(a)(5); added Jan. 6, 1983, Pub. L. 97–424, § 304(b), 96 Stat. 2149.
5309(d)49 App.:1602(a)(2)(A).July 9, 1964, Pub. L. 88–365, § 3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, § 304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100–17, § 309(e), 101 Stat. 227.
 49 App.:1602(a)(3).
5309(e)(1)49 App.:1602 (note).Apr. 2, 1987, Pub. L. 100–17, § 303(b), 101 Stat. 223.
5309(e) (2)–(7)49 App.:1602(i).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(i); added Apr. 2, 1987, Pub. L. 100–17, § 303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102–240, § 3010, 105 Stat. 2093.
5309(f)(1)49 App.:1602(a)(1)(D) (last sentence).
5309(f)(2)49 App.:1602(a)(1)(D) (2d sentence).
5309(g)49 App.:1602(a)(4).July 9, 1964, Pub. L. 88–365, § 3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, § 305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100–17, § 302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102–240, § 3007, 105 Stat. 2090.
5309(h)49 App.:1603(a).July 9, 1964, Pub. L. 88–365, § 4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, § 704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91–453, § 3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93–87, § 301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93–503, § 103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95–599, § 303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97–424, § 302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102–240, § 3006(f), (g), 105 Stat. 2089.
5309(i)49 App.:1602(c) (2d, last sentences).July 9, 1964, Pub. L. 88–365, § 3(c), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 964.
5309(j)49 App.:1602(b) (7th sentence).
5309(k)49 App.:1602(c) (1st sentence).
5309(l)49 App.:1603(d).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 4(d); added Dec. 18, 1991, Pub. L. 102–240, § 3006(h)(2), 105 Stat. 2090.
5309(m)(1)49 App.:1602(k)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(k)(1); added Apr. 2, 1987, Pub. L. 100–17, § 305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102–240, § 3006(d)(1), 105 Stat. 2089.
5309(m)(2)49 App.:1602(k)(3).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(k)(3); added Dec. 18, 1991, Pub. L. 102–240, § 3006(d)(2), 105 Stat. 2089.
5309(m)(3)49 App.:1602(j).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(j); added Apr. 2, 1987, Pub. L. 100–17, § 304, 101 Stat. 223.
5309(m)(4)49 App.:1602(k)(2).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(k)(2); added Apr. 2, 1987, Pub. L. 100–17, § 305, 101 Stat. 224.
5309(n)49 App.:1602(l).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(l); added Apr. 2, 1987, Pub. L. 100–17, § 306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102–240, § 3006(e), 105 Stat. 2089.
5309(o)49 App.:1602(n).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(n); added Oct. 6, 1992, Pub. L. 102–388, § 502(d), 106 Stat. 1566.

In subsection (a), before clause (1), the words “in accordance with the provisions of this chapter” are omitted as surplus. The words “and on such terms and conditions as the Secretary may prescribe” and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words “(directly, through the purchase of securities or equipment trust certificates, or otherwise)” and “and agencies thereof” are omitted as surplus. In clause (1), the word “detailed” is omitted as surplus. In clause (2), the words “capital projects” are substituted for “the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service” for clarity and consistency in this section. The words “Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real” are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words “the capital costs of” are added for clarity and consistency in this section. The words “highway and” are omitted as surplus.
In subsection (b)(1), the word “finance” is omitted as surplus.
In subsection (b)(2), the words “for real property acquisition” are omitted as surplus. The words “for an approved project” are added for clarity and consistency. The words “which shall be in lieu of the determination required by subparagraph (A)”, “real”, and “connection with” are omitted as surplus.
In subsection (b)(3), the word “comprehensive” is omitted as surplus. The words “by the project” are added for clarity. The words “a period of” and “longer” are omitted as surplus.
In subsection (b)(4), the words “a period not exceeding” and “Each agreement shall provide that” are omitted as surplus. The words “shall be made within the 10-year period” are substituted for “shall not be later than 10 years following the fiscal year in which the agreement is made” to eliminate unnecessary words. The words “if any, over the original cost of the real property” are omitted as surplus. The words “deposit in” are substituted for “credit to” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(5), the word “actual” is omitted as surplus. The words “deposited in” are substituted for “credited to” for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words “grant or loan” are substituted for “assistance” for consistency in the revised section. In clause (1), the words “rail carrier” are substituted for “railroad” for consistency in the revised title and with other titles of the Code.
In subsection (d), before clause (1), the words “Except as provided in subsections (b)(2) and (e) of this section” are added for clarity. In clause (1), the words “through operation or lease or otherwise” are omitted as surplus.
In subsection (e)(2), before clause (A), the word “existing” is added for clarity and consistency.
In subsection (e)(6)(C), the words “Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1915)” are substituted for “the Federal-Aid Highway Act of 1991” because the Federal-Aid Highway Act of 1991 was title I of H.R. 1531, that was not enacted into law but contained predecessor provisions to Part A of title I of H.R. 2950, enacted into law as the Intermodal Surface Transportation Efficiency Act of 1991.
In subsection (f)(1), the words “or entity” are omitted as surplus.
In subsection (f)(2), before clause (A), the words “for a project under subsection (a)(5) of this section” are added for clarity. In clause (B), the words “whether publicly or privately owned” are omitted as surplus.
In subsection (g)(1)(A), the words “The letter shall be regarded as an intention to obligate” are omitted as surplus.
In subsection (g)(1)(D), the words “pursuant to such a letter of intent” are omitted as surplus.
In subsection (g)(2)(A)(i), the words “and conditions” are omitted as being included in “terms”.
In subsection (g)(4), the word “issued” is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete.
In subsection (h), the words “nature and extent of” are omitted as surplus. The words “net project cost” are substituted for “what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues—which portion shall hereinafter be called ‘net project cost’ ” because of the definition of “net project cost” in section 5302(a) of the revised title. The words “Except as provided in paragraph (2) of this subsection” are added for clarity. The words “Such remainder may be provided in whole or in part from other than public sources and any public or private”, “solely”, and “at any time” are omitted as surplus. The words “shall be deemed” are omitted as unnecessary since the text is a statement of a legal conclusion.
In subsection (i), before clause (1), the words “Except for a loan under subsection (b) of this section” are added for clarity. The words “made under this section” and “at a rate” are omitted as surplus. In clause (1), the word “market” is omitted as surplus. In clause (2), the words “under the program” are omitted as surplus.
In subsection (j), the words “loan and interest” are substituted for “principal and accrued interest on the loan then outstanding” to eliminate unnecessary words.
In subsection (m)(1)(B) and (3), the word “existing” is added for clarity and consistency.
In subsection (m)(1), before clause (A), the words “Subject to paragraph (3)” are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (m)(3), before clause (A), the words “Not later than 30 days after April 2, 1987” are omitted as executed. The words “prepare and” are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2089) and clause (D) was not carried forward.
In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired.
In subsection (n)(2), the words “Subject to the provisions of this paragraph”, “the Federal share of which the Secretary is authorized to pay under this subsection”, and “actually” are omitted as surplus.

Pub. L. 104–287, § 5(12)(A)This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 800).

Pub. L. 104–287, § 5(12)(B)This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.

Pub. L. 104–287, § 5(12)(C)This amends 49:5309(m)(1)(A) to make a conforming amendment.

References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (d)(1)(A)(i)(II), (B), (2)(A), (e)(1)(A)(i)(II), (B), (2)(A), (h)(2)(A)(i)(II), (B), (6)(B), (i)(2), and (k)(3)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (g)(5)(A), (6), (7), (j), and (l)(7) is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Codification
Pub. L. 111–322, § 2303(4)–(7), which directed amendment of subpars. (B) to (E) of subsec. (m) of this section without specifying the paragraph to be amended, was executed to subpars. (B) to (E) of par. (7) of subsec. (m), to reflect the probable intent of Congress. See 2010 Amendment notes below.

Amendments2015—Subsec. (a)(3). Pub. L. 114–94, § 3005(a)(1)(A), struck out “and weekend days” after “substantial part of weekdays”.
Subsec. (a)(6)(A). Pub. L. 114–94, § 3005(a)(1)(B)(i), inserted “, small start projects,” after “new fixed guideway capital projects”.
Subsec. (a)(6)(B). Pub. L. 114–94, § 3005(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B), which read as follows: “1 or more new fixed guideway capital projects and 1 or more core capacity improvement projects.”
Subsec. (a)(7)(A). Pub. L. 114–94, § 3005(a)(1)(C)(i), substituted “$100,000,000” for “$75,000,000”.
Subsec. (a)(7)(B). Pub. L. 114–94, § 3005(a)(1)(C)(ii), substituted “$300,000,000” for “$250,000,000”.
Subsec. (d)(1)(B). Pub. L. 114–94, § 3005(a)(2)(A), struck out “, policies and land use patterns that promote public transportation,” after “project justification”.
Subsec. (d)(2)(A)(iii) to (v). Pub. L. 114–94, § 3005(a)(2)(B), inserted “and” after semicolon in cl. (iii), redesignated cl. (v) as (iv), and struck out former cl. (iv), which read as follows: “is supported by policies and land use patterns that promote public transportation, including plans for future land use and rezoning, and economic development around public transportation stations; and”.
Subsec. (g)(2)(A)(i). Pub. L. 114–94, § 3005(a)(3), struck out “the policies and land use patterns that support public transportation,” after “subsection (d)(2)(A)(iii),”.
Subsec. (h)(6). Pub. L. 114–94, § 3005(a)(4), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (i)(1). Pub. L. 114–94, § 3005(a)(5)(A), substituted “subsection (d), (e), or (h)” for “subsection (d) or (e)”.
Subsec. (i)(2). Pub. L. 114–94, § 3005(a)(5)(B)(i), inserted “new fixed guideway capital project or core capacity improvement” after “federally funded” in introductory provisions.
Subsec. (i)(2)(D). Pub. L. 114–94, § 3005(a)(5)(B)(ii), added subpar. (D) and struck out former subpar. (D), which read as follows: “the program of interrelated projects, when evaluated as a whole, meets the requirements of subsection (d)(2) or (e)(2), as applicable;”.
Subsec. (i)(2)(F). Pub. L. 114–94, § 3005(a)(5)(B)(iii), inserted “or subsection (h)(5), as applicable” after “subsection (f)”.
Subsec. (i)(3)(A). Pub. L. 114–94, § 3005(a)(5)(C), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “A project receiving a grant under this section that is part of a program of interrelated projects may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements.”
Subsec. (l)(1). Pub. L. 114–94, § 3005(a)(6)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a fixed guideway project or small start project shall not exceed 80 percent of the net capital project cost. A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost of increasing the capacity in the corridor.”
Subsec. (l)(4). Pub. L. 114–94, § 3005(a)(6)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Subsec. (n). Pub. L. 114–94, § 3005(a)(7), added subsec. (n) and struck out former subsec. (n), which related to availability of amounts for a new fixed guideway capital project.
Subsecs. (p), (q). Pub. L. 114–94, § 3005(a)(8), added subsecs. (p) and (q).
2012—Pub. L. 112–141, § 20008(a), amended section generally. Prior to amendment, section related to capital investment grants and consisted of subsecs. (a) to (m).
Subsec. (m)(2). Pub. L. 112–141, § 113003(1)(A), (B), substituted “Fiscal years 2006 through 2012” for “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” in heading and “2012” for “2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,” in introductory provisions.
Pub. L. 112–140, §§ 1(c), 303(1)(A), (B), temporarily substituted “ending on july 6, 2012” for “ending on june 30, 2012” in heading and “ending on July 6, 2012,” for “ending on June 30, 2012,” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(1)(A), (B), substituted “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” for “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” in heading and “2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” in introductory provisions.
Subsec. (m)(2)(A)(i). Pub. L. 112–141, § 113003(1)(C), substituted “2012” for “2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”.
Pub. L. 112–140, §§ 1(c), 303(1)(C), temporarily substituted “2011 and $152,000,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(1)(C), substituted “2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(6)(B). Pub. L. 112–141, § 113003(2)(A), substituted “2012” for “2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”.
Pub. L. 112–140, §§ 1(c), 303(2)(A), temporarily substituted “2011 and $11,400,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(2)(A), substituted “2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(6)(C). Pub. L. 112–141, § 113003(2)(B), substituted “through 2012” for “though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”.
Pub. L. 112–140, §§ 1(c), 303(2)(B), temporarily substituted “through 2011 and $3,800,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(2)(B), substituted “2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(A). Pub. L. 112–141, § 113003(3)(A)(i), in introductory provisions, substituted “2012” for “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” and inserted “each fiscal year” before colon at end.
Pub. L. 112–140, §§ 1(c), 303(3)(A)(i), temporarily substituted “2011 and $7,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” and “shall be set aside:” for “shall be set aside for:” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(A)(i), substituted “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” in introductory provisions.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–141, § 113003(3)(A)(ii), (iii), struck out “for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$2,500,000”.
Pub. L. 112–140, §§ 1(c), 303(3)(a)(ii), (iii), temporarily substituted “$1,900,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(A)(ii), (iii), substituted “for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(A)(iii) to (vi). Pub. L. 112–141, § 113003(3)(A)(iv)–(vii), struck out “for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$1,000,000”.
Pub. L. 112–140, §§ 1(c), 303(3)(A)(iv)–(vii), temporarily substituted “$760,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(A)(iv)–(vii), substituted “for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(A)(vii). Pub. L. 112–141, § 113003(3)(A)(viii), struck out “for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$650,000”.
Pub. L. 112–140, §§ 1(c), 303(3)(A)(viii), temporarily substituted “$494,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(A)(viii), substituted “for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(A)(viii). Pub. L. 112–141, § 113003(3)(A)(ix), struck out “for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$350,000”.
Pub. L. 112–140, §§ 1(c), 303(3)(A)(ix), temporarily substituted “$266,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(A)(ix), substituted “for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(B)(vii). Pub. L. 112–141, § 113003(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: “$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.”
Pub. L. 112–140, §§ 1(c), 303(3)(B), temporarily added cl. (vii), which set aside $10,260,000 for the period beginning on October 1, 2011, and ending on July 6, 2012, and temporarily struck out former cl. (vii) which read as follows: “$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.” See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: “$6,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.”
Subsec. (m)(7)(C). Pub. L. 112–141, § 113003(3)(C), struck out “and during the period beginning on October 1, 2011, and ending on June 30, 2012,” after “each fiscal year”.
Pub. L. 112–140, §§ 1(c), 303(3)(C), temporarily substituted “ending on July 6, 2012,” for “ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(C), substituted “and during the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and during the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(D). Pub. L. 112–141, § 113003(3)(D), struck out “and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “each fiscal year”.
Pub. L. 112–140, §§ 1(c), 303(3)(D), temporarily substituted “and not less than $26,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(D), substituted “and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
Subsec. (m)(7)(E). Pub. L. 112–141, § 113003(3)(E), struck out “and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “each fiscal year”.
Pub. L. 112–140, §§ 1(c), 303(3)(E), temporarily substituted “and $2,280,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, § 303(3)(E), substituted “and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.
2011—Subsec. (m)(2). Pub. L. 112–30, § 133(1)(A), (B), substituted “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” for “Fiscal years 2006 through 2011” in heading and “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” in introductory provisions.
Pub. L. 112–5, § 303(1)(A), (B), substituted “Fiscal years 2006 through 2011” for “Fiscal years 2006 through 2010 and october 1, 2010, through march 4, 2011” in heading and “2011” for “2010, and during the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
Subsec. (m)(2)(A)(i). Pub. L. 112–30, § 133(1)(C), substituted “2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, § 303(1)(C), substituted “2011” for “2010, and $84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(6)(B). Pub. L. 112–30, § 133(2)(A), substituted “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, § 303(2)(A), substituted “2011” for “2010, and $6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(6)(C). Pub. L. 112–30, § 133(2)(B), substituted “2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, § 303(2)(B), substituted “2011” for “2010, and $2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(7)(A). Pub. L. 112–30, § 133(3)(A)(i), substituted “2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” and struck out “each fiscal year” before colon.
Pub. L. 112–5, § 303(3)(A)(i)–(iii), struck out cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2011” for “$10,000,000 shall be available in each of fiscal years 2006 through 2010” in introductory provisions, redesignated subcls. (I) to (VIII) of former cl. (i) as cls. (i) to (viii), respectively, struck out former cl. (ii) which provided a special rule for Oct. 1, 2010, through Mar. 4, 2011, and realigned margins.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–30, § 133(3)(A)(ii), (iii), substituted “$2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$2,500,000”.
Subsec. (m)(7)(A)(iii). Pub. L. 112–30, § 133(3)(A)(iv), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Subsec. (m)(7)(A)(iv). Pub. L. 112–30, § 133(3)(A)(v), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Pub. L. 112–5, § 303(3)(A)(iv), inserted a period at the end.
Subsec. (m)(7)(A)(v), (vi). Pub. L. 112–30, § 133(3)(A)(vi), (vii), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Subsec. (m)(7)(A)(vii). Pub. L. 112–30, § 133(3)(A)(viii), substituted “$650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$650,000”.
Subsec. (m)(7)(A)(viii). Pub. L. 112–30, § 133(3)(A)(ix), substituted “$350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$350,000”.
Subsec. (m)(7)(B). Pub. L. 112–5, § 303(3)(B)(i), struck out “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” after cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 112–5, § 303(3)(B)(ii), added cl. (vi).
Subsec. (m)(7)(B)(vii). Pub. L. 112–30, § 133(3)(B), added cl. (vii).
Subsec. (m)(7)(C). Pub. L. 112–30, § 133(3)(C), substituted “fiscal year and during the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, § 303(3)(C), struck out “, and during the period beginning October 1, 2010, and ending March 4, 2011,” after “year”.
Subsec. (m)(7)(D). Pub. L. 112–30, § 133(3)(D), substituted “fiscal year and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, § 303(3)(D), struck out “, and not less than $14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.
Subsec. (m)(7)(E). Pub. L. 112–30, § 133(3)(E), substituted “fiscal year and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, § 303(3)(E), struck out “, and $1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.
2010—Subsec. (m)(2). Pub. L. 111–322, § 2303(1)(A), (B), substituted “march 4, 2011” for “december 31, 2010” in heading and “March 4, 2011” for “December 31, 2010” in introductory provisions.
Pub. L. 111–147, § 433(1)(A), (B), substituted “2010 and october 1, 2010, through december 31, 2010” for “2009” in heading and “2010, and during the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions.
Subsec. (m)(2)(A)(i). Pub. L. 111–322, § 2303(1)(C), substituted “$84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010”.
Pub. L. 111–147, § 433(1)(C), substituted “2010, and $50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.
Subsec. (m)(6)(B). Pub. L. 111–322, § 2303(2)(A), which directed substitution of “$6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$3,750,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.
Pub. L. 111–147, § 433(2)(A), substituted “2010, and $3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.
Subsec. (m)(6)(C). Pub. L. 111–322, § 2303(2)(B), substituted “$2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, § 433(2)(B), substituted “2010, and $1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010,” for “2009”.
Subsec. (m)(7)(A). Pub. L. 111–147, § 433(3)(A), inserted cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2010” for “$10,000,000 shall be available in each of fiscal years 2006 through 2009” in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VIII), respectively, of cl. (i), and added cl. (ii).
Subsec. (m)(7)(A)(ii). Pub. L. 111–322, § 2303(3)(A)(iii), substituted “155⁄365ths” for “25 percent”.
Pub. L. 111–322, § 2303(3)(A)(ii), which directed substitution of “$4,246,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$2,500,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$2,500,000 shall be available in the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.
Pub. L. 111–322, § 2303(3)(A)(i), substituted “march 4, 2011” for “december 31, 2010” in heading.
Subsec. (m)(7)(B). Pub. L. 111–322, § 2303(4), which directed general amendment of cl. (vi), was executed by substituting “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “(vi) $3,375,000 for the period beginning October 1, 2010, and ending December 31, 2010.” See Codification note above.
Subsec. (m)(7)(B)(v). Pub. L. 111–147, § 433(3)(B), added cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 111–147, § 433(3)(B), added cl. (vi).
Subsec. (m)(7)(C). Pub. L. 111–322, § 2303(5), substituted “March 4, 2011” for “December 31, 2010”. See Codification note above.
Pub. L. 111–147, § 433(3)(C), inserted “, and during the period beginning October 1, 2010, and ending December 31, 2010,” after “fiscal year”.
Subsec. (m)(7)(D). Pub. L. 111–322, § 2303(6), substituted “$14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.
Pub. L. 111–147, § 433(3)(D), inserted “, and not less than $8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.
Subsec. (m)(7)(E). Pub. L. 111–322, § 2303(7), substituted “$1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.
Pub. L. 111–147, § 433(3)(E), inserted “, and $750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.
2008—Subsec. (d)(5)(B). Pub. L. 110–244, § 201(d)(1), substituted “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “regulation.”
Subsec. (e)(6)(B). Pub. L. 110–244, § 201(d)(2), substituted “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “subsection.”
Subsec. (m)(2)(A). Pub. L. 110–244, § 201(d)(3), substituted “Capital” for “Major capital” in heading.
Subsec. (m)(7)(B). Pub. L. 110–244, § 201(d)(4), substituted “section 3045” for “section 3039” in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities.
Subsec. (m)(1). Pub. L. 109–40, § 7(a)(1), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, § 7(a)(1), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, § 7(a)(1), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, § 7(a)(1), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, § 7(a)(1), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (m)(2)(B)(iii). Pub. L. 109–40, § 7(a)(2), substituted “july 30, 2005” for “july 27, 2005” in heading and “July 30, 2005” for “July 27, 2005” and “$8,550,000” for “$8,547,000” in text.
Pub. L. 109–37, § 7(a)(2), substituted “july 27, 2005” for “july 21, 2005” in heading and “July 27, 2005” for “July 21, 2005” and “$8,547,000” for “$8,424,000” in text.
Pub. L. 109–35, § 7(a)(2), substituted “july 21, 2005” for “july 19, 2005” in heading and “July 21, 2005” for “July 19, 2005” and “$8,424,000” for “$8,320,000” in text.
Pub. L. 109–20, § 7(a)(2), substituted “july 19, 2005” for “june 30, 2005” in heading and “July 19, 2005” for “June 30, 2005” and “$8,320,000” for “$7,800,000” in text.
Pub. L. 109–14, § 7(a)(2), substituted “june 30, 2005” for “may 31, 2005” in heading and “June 30, 2005” for “May 31, 2005” and “$7,800,000” for “$6,933,333” in text.
Subsec. (m)(3)(B). Pub. L. 109–40, § 7(a)(3), substituted “$2,470,000” for “$2,465,754” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, § 7(a)(3), substituted “$2,465,754” for “$2,430,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, § 7(a)(3), substituted “$2,430,000” for “$2,400,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, § 7(a)(3), substituted “$2,400,000” for “$2,250,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, § 7(a)(3), substituted “$2,250,000” for “$2,000,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (m)(3)(C). Pub. L. 109–40, § 7(a)(4), substituted “$41,506,850” for “$41,095,900” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, § 7(a)(4), substituted “$41,095,900” for “$40,500,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, § 7(a)(4), substituted “$40,500,000” for “$40,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, § 7(a)(4), substituted “$40,000,000” for “$37,500,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, § 7(a)(4), substituted “$37,500,000” for “$33,333,333” and “June 30, 2005” for “May 31, 2005”.
2004—Subsec. (m)(1). Pub. L. 108–310, § 8(a)(1), inserted “and for the period of October 1, 2004, through May 31, 2005” after “2004” in introductory provisions.
Pub. L. 108–280, § 7(a)(1)(A), struck out “2003 and for the period of October 1, 2003, through July 31,” before “2004” in introductory provisions.
Pub. L. 108–263, § 7(a)(1)(A), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, § 7(a)(1)(A), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, § 9(a)(1)(A), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (m)(1)(A). Pub. L. 108–280, § 7(a)(1)(B), substituted “, except for fiscal year 2004 during which $1,206,506,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available”.
Pub. L. 108–263, § 7(a)(1)(A), (B), substituted “July 31, 2004” for “June 30, 2004” and “$999,489,679” for “$899,540,711”.
Pub. L. 108–224, § 7(a)(1)(B), substituted “June 30, 2004, during which $899,540,711 will be available” for “April 30, 2004, during which $699,642,775 will be available”.
Pub. L. 108–202, § 9(a)(1)(B), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available” after “modernization”.
Subsec. (m)(1)(B). Pub. L. 108–280, § 7(a)(1)(C), substituted “, except for fiscal year 2004 during which $1,323,794,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available”.
Pub. L. 108–263, § 7(a)(1)(A), (C), substituted “July 31, 2004” for “June 30, 2004” and “$1,096,653,013” for “$986,987,712”.
Pub. L. 108–224, § 7(a)(1)(C), substituted “June 30, 2004, during which $986,987,712 will be available” for “April 30, 2004, during which $767,657,109 will be available”.
Pub. L. 108–202, § 9(a)(1)(C), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available” before the semicolon.
Subsec. (m)(1)(C). Pub. L. 108–280, § 7(a)(1)(D), substituted “, except for fiscal year 2004 during which $607,200,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available”.
Pub. L. 108–263, § 7(a)(1)(A), (D), substituted “July 31, 2004” for “June 30, 2004” and “$503,014,600” for “$452,713,140”.
Pub. L. 108–224, § 7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting “2003, and ending on June 30, 2004, during which $452,713,140 will be available” for “2003 and ending on April 30, 2004, during which $352,110,220 will be available”, to reflect the probable intent of Congress.
Pub. L. 108–202, § 9(a)(1)(D), inserted “, except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available” after “facilities”.
Subsec. (m)(2)(B)(i). Pub. L. 108–280, § 7(a)(2)(A), substituted “2004” for “2003”.
Subsec. (m)(2)(B)(iii). Pub. L. 108–310, § 8(a)(2), added cl. (iii).
Pub. L. 108–280, § 7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: “Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i).”
Pub. L. 108–263, § 7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–224, § 7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–202, § 9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i).”
Subsec. (m)(3)(B). Pub. L. 108–310, § 8(a)(3), inserted “(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)” after “2004”.
Pub. L. 108–280, § 7(a)(3), substituted “2004” for “2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)”.
Pub. L. 108–263, § 7(a)(3), substituted “$2,485,250” for “$2,236,725” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, § 7(a)(3), substituted “$2,236,725” for “$1,750,000” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, § 9(a)(3), substituted “$1,750,000” for “$1,250,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (m)(3)(C). Pub. L. 108–310, § 8(a)(4), inserted “, and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005,” after “2004)”.
Pub. L. 108–280, § 7(a)(4), substituted “1999 through 2004” for “1999 through 2003”, “$50,000,000” for “$41,420,833”, and “fiscal year 2004” for “the period October 1, 2003, through July 31, 2004”.
Pub. L. 108–263, § 7(a)(4), substituted “$41,420,833” for “$37,278,750” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, § 7(a)(4), substituted “$37,278,750” for “$28,994,583” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, § 9(a)(4), substituted “$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities” for “$20,833,334 shall be available” and “April 30, 2004” for “February 29, 2004”.
Subsec. (o)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
2003—Subsec. (m)(1). Pub. L. 108–88, § 8(a)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (m)(2)(B). Pub. L. 108–88, § 8(a)(2), added cl. (iii).
Subsec. (m)(3)(B). Pub. L. 108–88, § 8(a)(3), inserted “(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
Subsec. (m)(3)(C). Pub. L. 108–88, § 8(a)(4), inserted “(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
2000—Subsec. (g)(4). Pub. L. 106–346 designated existing provisions as subpar. (A) and added subpars. (B) to (G).
Subsec. (g)(4)(D)(2). Pub. L. 106–554 struck out “light” before “rail extension”.
1999—Subsec. (g)(1)(B). Pub. L. 106–69 inserted “and the House and Senate Committees on Appropriations” after “Committee on Banking, Housing, and Urban Affairs of the Senate”.
1998—Pub. L. 105–178, § 3009(a), substituted “Capital investment” for “Discretionary” in section catchline.
Subsec. (a)(1)(E) to (H). Pub. L. 105–178, § 3009(c), added subpars. (E) and (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and struck out former subpar. (E) which read as follows: “transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential development, because the projects—
“(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or
“(ii) establish new or enhanced coordination between mass transportation and other transportation;”.
Subsec. (c). Pub. L. 105–178, § 3009(d), amended subsec. (c) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(c) Consideration of Decreased Commuter Rail Transportation.—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
“(2) used to provide commuter rail transportation.”
Subsec. (e). Pub. L. 105–178, § 3009(k)(1), as added by Pub. L. 105–206, § 9009(g), in par. (3)(C), substituted “suburban sprawl” for “urban sprawl”, and in par. (6), substituted “or ‘not recommended’, based” for “or not ‘recommended’, based” in second sentence and inserted “of the” before “criteria established” in last sentence.
Pub. L. 105–178, § 3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, subsec. (e) related to, in par. (1), applicability of subsection to projects, in par. (2), approval of grants or loans for capital projects, in par. (3), criteria for making approval decisions, in par. (4), issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment, in par. (5), advancement of project from alternatives analysis to preliminary engineering, in par. (6), exemptions from requirements of subsection, and in par. (7), requirement of full financing agreement.
Subsec. (f). Pub. L. 105–178, § 3009(h)(1), amended subsec. (f) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(f) Required Payments and Eligible Costs of Projects That Enhance Urban Economic Development or Incorporate Private 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
“(B) do not include construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation.”
Subsec. (g). Pub. L. 105–178, § 3009(f)(1), substituted “Funding” for “Financing” in heading.
Subsec. (g)(1)(B). Pub. L. 105–178, § 3009(f)(3), substituted “At least 60 days” for “At least 30 days” and “letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project” for “issuance of the letter” and inserted “or entering into a full funding grant agreement” after “subparagraph (A) of this paragraph”.
Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105–178, § 3009(f)(2), substituted “full funding” for “full financing”.
Subsec. (g)(4). Pub. L. 105–178, § 3009(k)(2), as added by Pub. L. 105–206, § 9009(g), substituted “5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems” for “5338(a) of this title to carry out this section or an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003”.
Pub. L. 105–178, § 3009(f)(2), (4), substituted “full funding” for “full financing” before “grant agreements” in two places and “an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003” for “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)”.
Subsec. (m). Pub. L. 105–178, § 3009(k)(3), as added by Pub. L. 105–206, § 9009(g), substituted “5338(b)” for “5338” in introductory provisions of par. (1), added par. (2) and struck out former par. (2) relating to limitation on amounts available for activities other than final design and construction, redesignated par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par. (5) relating to funding for ferry boat systems.
Pub. L. 105–178, § 3009(g), reenacted heading without change and amended text of subsec. (m) generally, substituting provisions allocating amounts for fiscal years 1998 to 2003 for provisions allocating amounts for each fiscal year ending Sept. 30 from 1993 to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (n)(2). Pub. L. 105–178, § 3009(h)(3)(D), as added by Pub. L. 105–206, § 9009(h)(3), substituted “in a manner satisfactory” for “in a way satisfactory”.
Subsec. (o). Pub. L. 105–178, § 3009(i), added subsec. (o) relating to reports.
Subsec. (p). Pub. L. 105–178, § 3009(j), added subsec. (p).
1997—Subsec. (m)(1). Pub. L. 102–240, § 3049(a), as added by Pub. L. 105–130, inserted “, and for the period of October 1, 1997, through March 31, 1998” after “1997”.
1996—Subsec. (a). Pub. L. 104–287, § 5(12)(A), designated existing provisions as par. (1), redesignated former pars. (1) to (7) as subpars. (A) to (G) of par. (1), respectively, and former subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar. (E), respectively, and added par. (2).
Subsec. (e)(4)(B). Pub. L. 104–287, § 5(12)(B), substituted “paragraph (2)” for “paragraph (1)(B)”.
Subsec. (g)(1)(B). Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (m)(1)(A). Pub. L. 104–287, § 5(12)(C), inserted “rail” before “fixed guideway modernization”.
Subsec. (m)(3). Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective and Termination Dates of 2012 AmendmentAmendment by section 20008(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113003 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by section 5(12) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Expedited Project Delivery for Capital Investment Grants Pilot ProgramPub. L. 114–94, div. A, title III, § 3005(b), Dec. 4, 2015, 129 Stat. 1454, provided that:
“(1) Definitions.—In this subsection, the following definitions shall apply:“(A) Applicant.—The term ‘applicant’ means a State or local governmental authority that applies for a grant under this subsection.

“(B) Capital project; fixed guideway; local governmental authority; public transportation; state; state of good repair.—The terms ‘capital project’, ‘fixed guideway’, ‘local governmental authority’, ‘public transportation’, ‘State’, and ‘state of good repair’ have the meanings given those terms in section 5302 of title 49, United States Code.

“(C) Core capacity improvement project.—The term ‘core capacity improvement project’—“(i) means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent; and

“(ii) may include project elements designed to aid the existing fixed guideway system in making substantial progress towards achieving a state of good repair.

“(D) Corridor-based bus rapid transit project.—The term ‘corridor-based bus rapid transit project’ means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems—“(i) including—“(I) defined stations;

“(II) traffic signal priority for public transportation vehicles;

“(III) short headway bidirectional services for a substantial part of weekdays; and

“(IV) any other features the Secretary may determine support a long-term corridor investment; and

“(ii) the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.

“(E) Eligible project.—The term ‘eligible project’ means a new fixed guideway capital project, a small start project, or a core capacity improvement project that has not entered into a full funding grant agreement with the Federal Transit Administration before the date of enactment of this Act [Dec. 4, 2015].

“(F) Fixed guideway bus rapid transit project.—The term ‘fixed guideway bus rapid transit project’ means a bus capital project—“(i) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;

“(ii) that represents a substantial investment in a single route in a defined corridor or subarea; and

“(iii) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—“(I) defined stations;

“(II) traffic signal priority for public transportation vehicles;

“(III) short headway bidirectional services for a substantial part of weekdays and weekend days; and

“(IV) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.

“(G) New fixed guideway capital project.—The term ‘new fixed guideway capital project’ means—“(i) a fixed guideway capital project that is a minimum operable segment or extension to an existing fixed guideway system; or

“(ii) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.

“(H) Recipient.—The term ‘recipient’ means a recipient of funding under chapter 53 of title 49, United States Code.

“(I) Small start project.—The term ‘small start project’ means a new fixed guideway capital project, a fixed guideway bus rapid transit project, or a corridor-based bus rapid transit project for which—“(i) the Federal assistance provided or to be provided under this subsection is less than $75,000,000; and

“(ii) the total estimated net capital cost is less than $300,000,000.

“(2) General authority.—The Secretary may make grants under this subsection to States and local governmental authorities to assist in financing—“(A) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for projects in the advanced stages of planning and design; and

“(B) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by not less than 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.

“(3) Grant requirements.—“(A) In general.—The Secretary may make not more than 8 grants under this subsection for eligible projects if the Secretary determines that—“(i) the eligible project is part of an approved transportation plan required under sections 5303 and 5304 of title 49, United States Code;

“(ii) the applicant has, or will have—“(I) the legal, financial, and technical capacity to carry out the eligible project, including the safety and security aspects of the eligible project;

“(II) satisfactory continuing control over the use of the equipment or facilities;

“(III) the technical and financial capacity to maintain new and existing equipment and facilities; and

“(IV) advisors providing guidance to the applicant on the terms and structure of the project that are independent from investors in the project;

“(iii) the eligible project is supported, or will be supported, in part, through a public-private partnership, provided such support is determined by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;

“(iv) the eligible project is justified based on findings presented by the project sponsor to the Secretary, including—“(I) mobility improvements attributable to the project;

“(II) environmental benefits associated with the project;

“(III) congestion relief associated with the project;

“(IV) economic development effects derived as a result of the project; and

“(V) estimated ridership projections;

“(v) the eligible project is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources); and

“(vi) the eligible project will be operated and maintained by employees of an existing provider of fixed guideway or bus rapid transit public transportation in the service area of the project, or if none exists, by employees of an existing public transportation provider in the service area.

“(B) Certification.—An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(c)(1) of title 49, United States Code, shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this paragraph.

“(C) Technical capacity.—The Secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed not less than 1 new fixed guideway capital project, small start project, or core capacity improvement project, if—“(i) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and

“(ii) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.

“(D) Financial commitment.—“(i) Requirements.—In determining whether an eligible project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subparagraph (A)(v), the Secretary shall require that—“(I) each proposed source of capital and operating financing is stable, reliable, and available within the proposed eligible project timetable; and

“(II) resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary, without degradation to the existing level of public transportation services.

“(ii) Considerations.—In assessing the stability, reliability, and availability of proposed sources of financing under clause (i), the Secretary shall consider—“(I) the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors to the applicant;

“(II) existing grant commitments;

“(III) the degree to which financing sources are dedicated to the proposed eligible project;

“(IV) any debt obligation that exists or is proposed by the applicant, for the proposed eligible project or other public transportation purpose; and

“(V) private contributions to the eligible project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.

“(E) Labor standards.—The requirements under section 5333 of title 49, United States Code, shall apply to each recipient of a grant under this subsection.

“(4) Project advancement.—An applicant that desires a grant under this subsection and meets the requirements of paragraph (3) shall submit to the Secretary, and the Secretary shall approve for advancement, a grant request that contains—“(A) identification of an eligible project;

“(B) a schedule and finance plan for the construction and operation of the eligible project;

“(C) an analysis of the efficiencies of the proposed eligible project development and delivery methods and innovative financing arrangement for the eligible project, including any documents related to the—“(i) public-private partnership required under paragraph (3)(A)(iii); and

“(ii) project justification required under paragraph (3)(A)(iv); and

“(D) a certification that the existing public transportation system of the applicant or, in the event that the applicant does not operate a public transportation system, the public transportation system to which the proposed project will be attached, is in a state of good repair.

“(5) Written notice from the secretary.—“(A) In general.—Not later than 120 days after the date on which the Secretary receives a grant request of an applicant under paragraph (4), the Secretary shall provide written notice to the applicant—“(i) of approval of the grant request; or

“(ii) if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant request, including a detailed explanation of the reasons for the disapproval.

“(B) Concurrent notice.—The Secretary shall provide concurrent notice of an approval or disapproval of a grant request under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(6) Waiver.—The Secretary may grant a waiver to an applicant that does not comply with paragraph (4)(D) if—“(A) the eligible project meets the definition of a core capacity improvement project; and

“(B) the Secretary certifies that the eligible project will allow the applicant to make substantial progress in achieving a state of good repair.

“(7) Selection criteria.—The Secretary may enter into a full funding grant agreement with an applicant under this subsection for an eligible project for which an application has been submitted and approved for advancement by the Secretary under paragraph (4), only if the applicant has completed the planning and activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(8) Letters of intent and full funding grant agreements.—“(A) Letters of intent.—“(i) Amounts intended to be obligated.—The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for an eligible project under this subsection, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the eligible project. When a letter is issued for an eligible project under this subsection, the amount shall be sufficient to complete at least an operable segment.

“(ii) Treatment.—The issuance of a letter under clause (i) is deemed not to be an obligation under section 1108(c), 1501, or 1502(a) of title 31, United States Code, or an administrative commitment.

“(B) Full funding grant agreements.—“(i) In general.—Except as provided in clause (v), an eligible project shall be carried out under this subsection through a full funding grant agreement.

“(ii) Criteria.—The Secretary shall enter into a full funding grant agreement, based on the requirements of this subparagraph, with each applicant receiving assistance for an eligible project that has received a written notice of approval under paragraph (5)(A)(i).

“(iii) Terms.—A full funding grant agreement shall—“(I) establish the terms of participation by the Federal Government in the eligible project;

“(II) establish the maximum amount of Federal financial assistance for the eligible project;

“(III) include the period of time for completing construction of the eligible project, consistent with the terms of the public-private partnership agreement, even if that period extends beyond the period of an authorization; and

“(IV) make timely and efficient management of the eligible project easier according to the law of the United States.

“(iv) Special financial rules.—“(I) In general.—A full funding grant agreement under this subparagraph 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 subparagraph, to obligate an additional amount from future available budget authority specified in law.

“(II) Statement of contingent commitment.—A full funding grant agreement shall state that the contingent commitment is not an obligation of the Federal Government.

“(III) Interest and other financing costs.—Interest and other financing costs of efficiently carrying out a part of the eligible project within a reasonable time are a cost of carrying out the eligible project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible 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 favorable financing terms.

“(IV) Completion of operable segment.—The amount stipulated in an agreement under this subparagraph for a new fixed guideway capital project, core capacity improvement project, or small start project shall be sufficient to complete at least an operable segment.

“(v) Exception.—“(I) In general.—The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection for a small start project in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.

“(II) Terms of expedited grant agreements.—In executing an expedited grant agreement under this clause, the Secretary may include in the agreement terms similar to those established under clause (iii).

“(C) Limitation on amounts.—“(i) In general.—The Secretary may enter into full funding grant agreements under this paragraph for eligible projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.

“(ii) Appropriation required.—An obligation may be made under this paragraph only when amounts are appropriated for obligation.

“(D) Notification to congress.—“(i) In general.—Not later than 30 days before the date on which the Secretary issues a letter of intent or enters into a full funding grant agreement for an eligible project under this paragraph, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter of intent or full funding grant agreement.

“(ii) Contents.—The written notification under clause (i) shall include a copy of the proposed letter of intent or full funding grant agreement for the eligible project.

“(9) Government share of net capital project cost.—“(A) In general.—A grant for an eligible project shall not exceed 25 percent of the net capital project cost.

“(B) Remainder of net capital project cost.—The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

“(C) Limitation on statutory construction.—Nothing in this subsection shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 75 percent of the net capital project cost.

“(D) Special rule for rolling stock costs.—In addition to amounts allowed pursuant to subparagraph (A), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by the Federal 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 Federal Government is made at the same time.

“(E) Failure to carry out project.—If an applicant does not carry out an eligible project for reasons within the control of the applicant, the applicant shall repay all Federal funds awarded for the eligible project from all Federal funding sources, for all eligible project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law.

“(F) Crediting of funds received.—Any funds received by the Federal Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.

“(10) Availability of amounts.—“(A) In general.—An amount made available for an eligible project shall remain available to that eligible project for 4 fiscal years, including the fiscal year in which the amount is made available. Any amounts that are unobligated to the eligible project at the end of the 4-fiscal-year period may be used by the Secretary for any purpose under this subsection.

“(B) Use of deobligated amounts.—An amount available under this subsection that is deobligated may be used for any purpose under this subsection.

“(11) Annual report on expedited project delivery for capital investment grants.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes a proposed amount to be available to finance grants for anticipated projects under this subsection.

“(12) Before and after study and report.—“(A) Study required.—Each recipient shall conduct a study that—“(i) describes and analyzes the impacts of the eligible project on public transportation services and public transportation ridership;

“(ii) describes and analyzes the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods or innovative financing for the eligible project; and

“(iii) identifies reasons for any differences between predicted and actual outcomes for the eligible project.

“(B) Submission of report.—Not later than 2 years after an eligible project that is selected under this subsection begins revenue operations, the recipient shall submit to the Secretary a report on the results of the study conducted under subparagraph (A).

“(13) Rule of construction.—Nothing in this subsection shall be construed to—“(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection;

“(B) revise the determinations by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;

“(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or

“(D) alter the eligibilities or priorities for assistance under this subsection or section 5309 of title 49, United States Code.”

Development of Implementation GuidancePub. L. 113–235, div. K, title I, § 167, Dec. 16, 2014, 128 Stat. 2720, provided that: “In developing guidance implementing 49 U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall consider projects eligible under section 5309(h) Small Starts Projects, including streetcars.”

Pilot Program for Expedited Project DeliveryPub. L. 112–141, div. B, § 20008(b), July 6, 2012, 126 Stat. 674, which related to a pilot program for expedited project delivery, was repealed by Pub. L. 114–94, div. A, title III, § 3030(a), Dec. 4, 2015, 129 Stat. 1496.

Non-New Starts Share of Public Transportation Element of Interstate Multi-Modal ProjectsPub. L. 111–117, div. A, title I, § 173, Dec. 16, 2009, 123 Stat. 3066, provided that the rating under former subsec. (d) of this section of the non-New Starts share of the public transportation element of certain interstate multi-modal projects would be based on the percentage of non-New Starts funds in the unified finance plan.

Transit TunnelsPub. L. 110–244, title II, § 201(p), June 6, 2008, 122 Stat. 1615, required the Secretary of Transportation to analyze the various benefits of transit tunnels.

Public-Private Partnership Pilot ProgramPub. L. 109–59, title III, § 3011(c), Aug. 10, 2005, 119 Stat. 1588, as amended by Pub. L. 111–147, title IV, § 437(b)(1), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, § 2307(b)(1), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, § 307(b)(1), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, § 137(b)(1), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112–102, title III, § 307(b)(1), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, § 307(b)(1), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, § 113007(b)(1), July 6, 2012, 126 Stat. 987, which provided for the establishment and implementation of a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects, was repealed by Pub. L. 112–141, div. B, § 20002(c)(2), July 6, 2012, 126 Stat. 622.

Report to Congress on Use of Funds Under Pub. L. 105–178Pub. L. 105–200, title IV, § 403(b), July 16, 1998, 112 Stat. 670, required the Secretary of Transportation to submit a report, no later than 2 years after July 16, 1998, on the use of funds made available under section 3037 of Pub. L. 105–178.

Dollar Value of Mobility ImprovementsPub. L. 105–178, title III, § 3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105–206, title IX, § 9009(i), July 22, 1998, 112 Stat. 856, prohibited the consideration of the dollar value of mobility improvements in performing certain duties of the Secretary and required the Comptroller General to study and report on the dollar value of mobility improvements no later than Jan. 1, 2000.

Job Access and Reverse Commute GrantsPub. L. 105–178, title III, § 3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105–206, title IX, § 9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108–88, § 8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, § 9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, § 7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, § 7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, § 7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, § 8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, § 7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, § 7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, § 7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, § 7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, § 7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and reverse commute grants to assist qualified entities in financing eligible projects, was repealed by Pub. L. 109–59, title III, § 3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005.

Encouragement of Adversely Affected Industries To Compete for ContractsPub. L. 91–453, § 10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102–240, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 2088, encouraged industries adversely affected by reductions in Federal Government spending to compete for contracts under former sections 5309 and 5312 of this title.

§ 5310. Formula grants for the enhanced mobility of seniors and individuals with disabilities(a) Definitions.—In this section, the following definitions shall apply:(1) Recipient.—The term “recipient” means—(A) a designated recipient or a State that receives a grant under this section directly; or

(B) a State or local governmental entity that operates a public transportation service.

(2) Subrecipient.—The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient.

(b) General Authority.—(1) Grants.—The Secretary may make grants under this section to recipients for—(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;

(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and

(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.

(2) Limitations for capital projects.—(A) Amount available.—The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section.

(B) Allocation to subrecipients.—A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the grant to—(i) a private nonprofit organization; or

(ii) a State or local governmental authority that—(I) is approved by a State to coordinate services for seniors and individuals with disabilities; or

(II) certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A).

(3) Administrative expenses.—A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section.

(4) Eligible capital expenses.—The acquisition of public transportation services is an eligible capital expense under this section.

(5) Coordination.—(A) Department of transportation.—To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other Federal departments and agencies.

(B) Other federal agencies and nonprofit organizations.—A State or local governmental authority or nonprofit organization that receives assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall—(i) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and

(ii) participate in the planning for the transportation services described in clause (i).

(6) Program of projects.—(A) In general.—Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for seniors and individuals with disabilities, if such transportation projects are included in a program of projects.

(B) Submission.—A recipient shall annually submit a program of projects to the Secretary.

(C) Assurance.—The program of projects submitted under subparagraph (B) shall contain an assurance that the program provides for the maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources.

(7) Meal delivery for homebound individuals.—A public transportation service provider that receives assistance under this section or section 5311(c) may coordinate and assist in regularly providing meal delivery service for homebound individuals, if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers.

(c) Apportionment and Transfers.—(1) Formula.—The Secretary shall apportion amounts made available to carry out this section as follows:(A) Large urbanized areas.—Sixty percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census, in the ratio that—(i) the number of seniors and individuals with disabilities in each such urbanized area; bears to

(ii) the number of seniors and individuals with disabilities in all such urbanized areas.

(B) Small urbanized areas.—Twenty percent of the funds shall be apportioned among the States in the ratio that—(i) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to

(ii) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States.

(C) Rural areas.—Twenty percent of the funds shall be apportioned among the States in the ratio that—(i) the number of seniors and individuals with disabilities in rural areas in each State; bears to

(ii) the number of seniors and individuals with disabilities in rural areas in all States.

(2) Areas served by projects.—(A) In general.—Except as provided in subparagraph (B)—(i) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census;

(ii) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and

(iii) funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas.

(B) Exceptions.—A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)—(i) for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or

(ii) for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section.

(C) Limited to eligible projects.—Any funds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section.

(D) Consultation.—A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned.

(d) Government Share of Costs.—(1) Capital projects.—A grant for a capital project under this section shall be in an amount equal to 80 percent of the net capital costs of the project, as determined by the Secretary.

(2) Operating assistance.—A grant made under this section for operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary.

(3) Remainder of net costs.—The remainder of the net costs of a project carried out under this section—(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and

(B) may be derived from amounts appropriated or otherwise made available—(i) to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or

(ii) to carry out the Federal lands highways program under section 204 11 See References in Text note below. of title 23.

(4) Use of certain funds.—For purposes of paragraph (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of grant funds for matching requirements shall not apply to Federal or State funds to be used for transportation purposes.

(e) Grant Requirements.—(1) In general.—A grant under this section shall be subject to the same requirements as a grant under section 5307, to the extent the Secretary determines appropriate.

(2) Certification requirements.—(A) Project selection and plan development.—Before receiving a grant under this section, each recipient shall certify that—(i) the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan;

(ii) the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and

(iii) to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services.

(B) Allocations to subrecipients.—If a recipient allocates funds received under this section to subrecipients, the recipient shall certify that the funds are allocated on a fair and equitable basis.

(f) Competitive Process for Grants to Subrecipients.—(1) Areawide solicitations.—A recipient of funds apportioned under subsection (c)(1)(A) may conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants under this section.

(2) Statewide solicitations.—A recipient of funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may conduct a statewide solicitation for applications for grants under this section.

(3) Application.—If the recipient elects to engage in a competitive process, a recipient or subrecipient seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient making the election an application in such form and in accordance with such requirements as the recipient making the election shall establish.

(g) Transfers of Facilities and Equipment.—A recipient may transfer a facility or equipment acquired using a grant under this section to any other recipient eligible to receive assistance under this chapter, if—(1) the recipient in possession of the facility or equipment consents to the transfer; and

(2) the facility or equipment will continue to be used as required under this section.

(h) Performance Measures.—(1) In general.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives making recommendations on the establishment of performance measures for grants under this section. Such report shall be developed in consultation with national nonprofit organizations that provide technical assistance and advocacy on issues related to transportation services for seniors and individuals with disabilities.

(2) Measures.—The performance measures to be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available, concerning—(A) modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities;

(B) ridership;

(C) accessibility improvements; and

(D) other measures, as the Secretary determines is appropriate.

(i) Best Practices.—The Secretary shall collect from, review, and disseminate to public transportation agencies—(1) innovative practices;

(2) program models;

(3) new service delivery options;

(4) findings from activities under subsection (h); and

(5) transit cooperative research program reports.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105–178, title III, § 3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§ 3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589; Pub. L. 112–141, div. B, § 20009, July 6, 2012, 126 Stat. 675; Pub. L. 114–94, div. A, title III, § 3006(a), Dec. 4, 2015, 129 Stat. 1462.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5310(a)49 App.:1612(b) (1st sentence words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before “with such grants”).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(b) (1st sentence); added Oct. 15, 1970, Pub. L. 91–453, § 8, 84 Stat. 967; restated Aug. 13, 1973, Pub. L. 93–87, § 301(g), 87 Stat. 295; Dec. 18, 1991, Pub. L. 102–240, § 3021(1)– (4), 105 Stat. 2110.
5310(b)49 App.:1612(c)(2), (3).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(c); added Dec. 18, 1991, Pub. L. 102–240, § 3021(6), 105 Stat. 2110; Oct. 6, 1992, Pub. L. 102–388, § 502(k), 106 Stat. 1567.
5310(c)49 App.:1612(c)(1).
5310(d)49 App.:1612(b) (1st sentence cl. (3)).
5310(e)49 App.:1612(b) (1st sentence cls. (1) (words after 3d comma), (2) (words after “service under this subsection”)).
5310(f)49 App.:1612(e).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(e); added Jan. 6, 1983, Pub. L. 97–424, § 317(c), 96 Stat. 2153; Apr. 2, 1987, Pub. L. 100–17, § 327(a)(4), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, § 3021(1), (5), 105 Stat. 2110.
5310(g)49 App.:1612(c)(4).
5310(h)49 App.:1612(f).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(f); added Apr. 2, 1987, Pub. L. 100–17, § 321, 101 Stat. 235; restated Dec. 18, 1991, Pub. L. 102–240, § 3021(5), (7), 105 Stat. 2110, 2111.
5310(i)49 App.:1614(g) (related to 1612(b)).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(g) (related to § 16(b)); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, § 3022, 105 Stat. 2111.
5310(j)49 App.:1604b.Nov. 26, 1974, Pub. L. 93–503, § 108, 88 Stat. 1572.

In this section, the words “governmental authorities” are substituted for “public bodies” because of section 5302(a) of the revised title.
In subsection (a), before clause (1), the words “In addition to the grants and loans otherwise provided for under this chapter” are omitted as surplus. In clauses (1) and (2), the words “the specific purpose of” are omitted as surplus. In clause (1), the words “or agencies thereof” are omitted as surplus.
In subsection (b), the words “for expenditure”, “to the States”, and “amounts of a” are omitted as surplus.
In subsection (d), the words “A recipient of amounts under this section” are added for clarity to correct an error in the source provisions. The words “under a contract, lease, or other arrangement” are omitted as surplus.
In subsection (e), the words “terms, conditions . . . and provisions” are omitted as surplus.
In subsection (e)(1), the words “and is deemed” are substituted for “and being considered for the purposes of all other laws” for consistency in the revised title and with other titles of the United States Code.
In subsection (e)(2), the words “insofar as may be appropriate” and “necessary or . . . for purposes of this paragraph” are omitted as surplus.
In subsection (f), the words “any applicable” are omitted as surplus. The words “prescribe regulations establishing” are substituted for “not later than ninety days after January 6, 1983, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after January 6, 1983, promulgate final regulations, establishing” to eliminate unnecessary and executed words. Section 3021(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent intent of Congress.
In subsection (g), the words “not later than 60 days following December 18, 1991” are omitted as obsolete. The words “and agencies” are omitted as surplus.
In subsection (j), the words “elderly individuals and individuals with disabilities” are substituted for “elderly and handicapped persons” for consistency.

References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (b)(1)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Section 204 of title 23, referred to in subsec. (d)(3)(B)(ii), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Amendments2015—Subsec. (a)(1). Pub. L. 114–94, § 3006(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The term ‘recipient’ means a designated recipient or a State that receives a grant under this section directly.”
Subsec. (i). Pub. L. 114–94, § 3006(a)(2), added subsec. (i).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to formula grants for special needs of elderly individuals and individuals with disabilities.
2005—Pub. L. 109–59, § 3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities.
Subsec. (h). Pub. L. 109–59, § 3002(b)(2), substituted “Public” for “Mass”.
1998—Pub. L. 105–178 substituted “Formula grants” for “Grants” in section catchline.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Pilot Program for Innovative Coordinated Access and MobilityPub. L. 114–94, div. A, title III, § 3006(b), Dec. 4, 2015, 129 Stat. 1462, provided that:
“(1) Definitions.—In this subsection—“(A) the term ‘eligible project’ has the meaning given the term ‘capital project’ in section 5302 of title 49, United States Code; and

“(B) the term ‘eligible recipient’ means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code.

“(2) General authority.—The Secretary [of Transportation] may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and nonemergency medical transportation services, including—“(A) the deployment of coordination technology;

“(B) projects that create or increase access to community One-Call/One-Click Centers; and

“(C) such other projects as determined appropriate by the Secretary.

“(3) Application.—An eligible recipient shall submit to the Secretary an application that, at a minimum, contains—“(A) a detailed description of the eligible project;

“(B) an identification of all eligible project partners and their specific role in the eligible project, including—“(i) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or

“(ii) nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged;

“(C) a description of how the eligible project would—“(i) improve local coordination or access to coordinated transportation services;

“(ii) reduce duplication of service, if applicable; and

“(iii) provide innovative solutions in the State or community; and

“(D) specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes.

“(4) Report.—The Secretary shall make publicly available an annual report on the pilot program carried out under this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under the pilot program, and an evaluation of the program, including an evaluation of the performance measures described in paragraph (3)(D).

“(5) Government share of costs.—“(A) In general.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.

“(B) Non-government share.—The non-Government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.

“(6) Rule of construction.—For purposes of this subsection, nonemergency medical transportation services shall be limited to services eligible under Federal programs other than programs authorized under chapter 53 of title 49, United States Code.”

Elderly Individuals and Individuals With Disabilities Pilot ProgramPub. L. 109–59, title III, § 3012(b), Aug. 10, 2005, 119 Stat. 1591, as amended by Pub. L. 111–147, title IV, § 437(c), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, § 2307(c), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, § 307(c), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, § 137(c), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112–102, title III, § 307(c), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, § 307(c), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, § 113007(c), July 6, 2012, 126 Stat. 987, which established a pilot program for certain States to carry out projects for public transportation of elderly individuals and individuals with disabilities, was repealed by Pub. L. 112–141, div. B, § 20002(c)(3), July 6, 2012, 126 Stat. 622.

Over-the-Road Bus Accessibility ProgramPub. L. 105–178, title III, § 3038, June 9, 1998, 112 Stat. 392, as amended by Pub. L. 105–206, title IX, § 9009(x), July 22, 1998, 112 Stat. 862; Pub. L. 106–346, § 101(a) [title III, § 336], Oct. 23, 2000, 114 Stat. 1356, 1356A–31; Pub. L. 108–88, § 8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, § 9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, § 7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, § 7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, § 7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, § 8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, § 7(l), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, § 7(l), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, § 7(l), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, § 7(l), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, § 7(l), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, § 3039(a), Aug. 10, 2005, 119 Stat. 1638, which provided for grants to over-the-road bus operators to finance costs associated with bus accessibility for persons with disabilities, was repealed by Pub. L. 112–141, div. B, § 20002(b), July 6, 2012, 126 Stat. 622.

§ 5311. Formula grants for rural areas(a) Definitions.—As used in this section, the following definitions shall apply:(1) Recipient.—The term “recipient” means a State or Indian tribe that receives a Federal transit program grant directly from the Government.

(2) Subrecipient.—The term “subrecipient” means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient.

(b) General Authority.—(1) Grants authorized.—Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in rural areas for—(A) planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State;

(B) public transportation capital projects;

(C) operating costs of equipment and facilities for use in public transportation;

(D) job access and reverse commute projects; and

(E) the acquisition of public transportation services, including service agreements with private providers of public transportation service.

(2) State program.—(A) In general.—A project eligible for a grant under this section shall be included in a State program for public transportation service projects, including agreements with private providers of public transportation service.

(B) Submission to secretary.—Each State shall submit to the Secretary annually the program described in subparagraph (A).

(C) Approval.—The Secretary may not approve the program unless the Secretary determines that—(i) the program provides a fair distribution of amounts in the State, including Indian reservations; and

(ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.

(3) Rural transportation assistance program.—(A) In general.—The Secretary shall carry out a rural transportation assistance program in rural areas.

(B) Grants and contracts.—In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available under section 5338(a)(2)(F) to make grants and contracts for transportation research, technical assistance, training, and related support services in rural areas.

(C) Projects of a national scope.—Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out competitively selected projects of a national scope, with the remaining balance provided to the States.

(4) Data collection.—Each recipient under this section shall submit an annual report to the Secretary containing information on capital investment, operations, and service provided with funds received under this section, including—(A) total annual revenue;

(B) sources of revenue;

(C) total annual operating costs;

(D) total annual capital costs;

(E) fleet size and type, and related facilities;

(F) vehicle revenue miles; and

(G) ridership.

(c) Apportionments.—(1) Public transportation on indian reservations.—Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this paragraph, the following amounts shall be apportioned each fiscal year for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary:(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary.

(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).

(2) Appalachian development public transportation assistance program.—(A) Definitions.—In this paragraph—(i) the term “Appalachian region” has the same meaning as in section 14102 of title 40; and

(ii) the term “eligible recipient” means a State that participates in a program established under subtitle IV of title 40.

(B) In general.—The Secretary shall carry out a public transportation assistance program in the Appalachian region.

(C) Apportionment.—Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(F) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code.

(D) Special rule.—An eligible recipient may use amounts that cannot be used for operating expenses under this paragraph for a highway project if—(i) that use is approved, in writing, by the eligible recipient after appropriate notice and an opportunity for comment and appeal are provided to affected public transportation providers; and

(ii) the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed.

(3) Remaining amounts.—(A) In general.—The amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) that are not apportioned under paragraph (1) or (2) shall be apportioned in accordance with this paragraph.

(B) Apportionment based on land area and population in nonurbanized areas.—(i) In general.—83.15 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph.

(ii) Land area.—(I) In general.—Subject to subclause (II), each State shall receive an amount that is equal to 20 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population.

(II) Maximum apportionment.—No State shall receive more than 5 percent of the amount apportioned under subclause (I).

(iii) Population.—Each State shall receive an amount equal to 80 percent of the amount apportioned under clause (i), multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population.

(C) Apportionment based on land area, vehicle revenue miles, and low-income individuals in nonurbanized areas.—(i) In general.—16.85 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph.

(ii) Land area.—Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population.

(iii) Vehicle revenue miles.—Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database reporting.

(iv) Low-income individuals.—Each State shall receive an amount that is equal to 40.64 percent of the amount apportioned under clause (i), multiplied by the ratio of low-income individuals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census.

(v) Maximum apportionment.—No State shall receive—(I) more than 5 percent of the amount apportioned under clause (ii); or

(II) more than 5 percent of the amount apportioned under clause (iii).

(d) Use for Local 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 transportation service, as defined by the Secretary of Transportation, in a rural area.

(e) Use for Administration, Planning, and Technical Assistance.—The Secretary may allow a State to use not more than 10 percent of the amount apportioned under this section to administer this section and provide technical assistance to a subrecipient, including project planning, program and management development, coordination of public transportation programs, and research the State considers appropriate to promote effective delivery of public transportation to a rural area.

(f) Intercity Bus Transportation.—(1) In general.—A State shall expend at least 15 percent of the amount made available in each fiscal year to carry out a program to develop and support intercity bus transportation. Eligible activities under the program include—(A) planning and marketing for intercity bus transportation;

(B) capital grants for intercity bus facilities;

(C) joint-use facilities;

(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and

(E) coordinating rural connections between small public transportation operations and intercity bus carriers.

(2) Certification.—A State does not have to comply with paragraph (1) of this subsection in a fiscal year in which the Governor of the State certifies to the Secretary, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately.

(g) Government Share of Costs.—(1) Capital projects.—(A) In general.—Except as provided by subparagraph (B), a grant awarded under this section for a capital project or project administrative expenses shall be for 80 percent of the net costs of the project, as determined by the Secretary.

(B) Exception.—A State described in section 120(b) of title 23 shall receive a Government share of the net costs in accordance with the formula under that section.

(2) Operating assistance.—(A) In general.—Except as provided by subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.

(B) Exception.—A State described in section 120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B).

(3) Remainder.—The remainder of net project costs—(A) may be provided in cash from non-Government sources;

(B) may be provided from revenues from the sale of advertising and concessions;

(C) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;

(D) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation;

(E) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 11 See References in Text note below. of title 23; and

(F) in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service, including all operating and capital costs of such service whether or not offset by revenue from such service, as an in-kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match.

(4) Use of certain funds.—For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

(5) Limitation on operating assistance.—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.

(h) 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.

(i) Relationship to Other Laws.—(1) In general.—Section 5333(b) applies to this section if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees.

(2) Rule of construction.—This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.

(j) Formula Grants for Public Transportation on Indian Reservations.—(1) Apportionment.—(A) In general.—Of the amounts described in subsection (c)(1)(B)—(i) 50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary;

(ii) 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and

(iii) 25 percent of the total amount shall be apportioned among each Indian tribe providing public transportation on tribal lands (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as determined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of low-income individuals residing on an Indian tribe’s lands divided by the total number of low-income individuals on tribal lands on which more than 1,000 low-income individuals reside.

(B) Limitation.—No recipient shall receive more than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year.

(C) Remaining amounts.—Of the amounts made available under subparagraph (A)(iii), any amounts not apportioned under that subparagraph shall be allocated among Indian tribes receiving less than $300,000 in a fiscal year according to the formula specified in that clause.

(D) Low-income individuals.—For purposes of subparagraph (A)(iii), the term “low-income individual” means an individual whose family income is at or below 100 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section, for a family of the size involved.

(E) Allocation between multiple indian tribes.—If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds so that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all Indian tribes in the Tribal Statistical Area.

(2) Non-tribal service providers.—A recipient that is an Indian tribe may use funds apportioned under this subsection to finance public transportation services provided by a non-tribal provider of public transportation that connects residents of tribal lands with surrounding communities, improves access to employment or healthcare, or otherwise addresses the mobility needs of tribal members.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 809; Pub. L. 105–178, title III, § 3014(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§ 3002(b)(4), 3013(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1593–1596; Pub. L. 110–244, title II, § 201(e), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, § 434, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, § 2304, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, § 304, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, § 134, Sept. 16, 2011, 125 Stat. 351; Pub. L. 112–102, title III, § 304, Mar. 30, 2012, 126 Stat. 277; Pub. L. 112–140, title III, § 304, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, § 20010, div. G, title III, § 113004, July 6, 2012, 126 Stat. 680, 985; Pub. L. 113–159, title I, § 1201, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, § 1201, May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, § 1201, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, § 1201, Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, § 1201, Nov. 20, 2015, 129 Stat. 681; Pub. L. 114–94, div. A, title III, § 3007, Dec. 4, 2015, 129 Stat. 1464.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5311(a)49 App.:1614(c) (3d sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(b), (c) (2d, 3d sentences), (d), (e) (1st–4th sentences), (f); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2749, 2750.
5311(b)(1)49 App.:1614(b) (1st sentence 18th–last words, 2d, last sentences), (c) (2d sentence words between 1st and 2d commas).
5311(b)(2)49 App.:1614(h).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(h); added Apr. 2, 1987, Pub. L. 100–17, § 323, 101 Stat. 235.
5311(c)49 App.:1614(a) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, § 316(a), 96 Stat. 2153.
 49 App.:1614(a) (2d sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(a) (2d sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2748; Dec. 18, 1991, Pub. L. 102–240, § 3024, 105 Stat. 2112.
 49 App.:1614(c) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2749; Jan. 6, 1983, Pub. L. 97–424, § 316(b), 96 Stat. 2153.
5311(d)49 App.:1614(b) (1st sentence 1st–17th words), (c) (2d sentence words before 1st and after 2d commas).
5311(e)(1)49 App.:1614(d).
5311(e)(2)49 App.:1614(c) (4th sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(c) (4th sentence); added Apr. 2, 1987, Pub. L. 100–17, § 322, 101 Stat. 235.
5311(f)49 App.:1614(i).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(i); added Dec. 18, 1991, Pub. L. 102–240, § 3023, 105 Stat. 2111.
5311(g)(1)49 App.:1614(e) (last sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(e) (last sentence); added Dec. 19, 1985, Pub. L. 99–190, § 326, 99 Stat. 1289.
5311(g)(2)49 App.:1614(e) (1st–4th sentences).
5311(h)49 App.:1614(c) (last sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(c) (last sentence); added Oct. 6, 1992, Pub. L. 102–388, § 502(l), 106 Stat. 1567.
5311(i)49 App.:1614(g) (related to this section).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(g) (related to this section); added Nov. 6, 1978, Pub. L. 95–599, § 313(a), 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, § 3022, 105 Stat. 2111.
5311(j)49 App.:1614(f).

In subsection (a), the words “Eligible” and “and agencies thereof” are omitted as surplus.
In subsection (b)(1), the words “The Secretary of Transportation may make grants” are added for clarity and consistency in this chapter. The word “equitable” is omitted as being included in “fair”.
In subsection (b)(2), the words “establish and” are omitted as executed. The word “direct” is omitted as surplus.
In subsection (c), the words “for expenditure in each fiscal year” are omitted as surplus. The words “so that” are substituted for “Such sums shall be made available for expenditure for public transportation projects in areas other than urbanized areas on the basis of a formula under which” to eliminate unnecessary words. The words “will be entitled to” and “as designated by the Bureau of the Census” are omitted as surplus. The words “United States” are substituted for “all the States” for consistency in the revised title and with other titles of the Code. The words “available”, “a period of”, and “the close of” are omitted as surplus.
In subsection (d), the words “included in a program under subsection (b) of this section” are substituted for 49 App.:1614(b) (1st–17th words) and “which are appropriate for areas other than urbanized areas” to eliminate unnecessary words. The words “for assistance” are added for clarity.
In subsection (e)(1), the words “of funds under this section. Such technical assistance” and “(public and private)” are omitted as surplus.
In subsections (e)(2) and (g)(2), the word “grant” is substituted for “share” for consistency in this chapter.
In subsection (f), the text of 49 App.:1614(i)(3) is omitted as obsolete.
In subsection (f)(1), before clause (A), the words “Subject to paragraph (2)” are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (g)(2), the words “under this chapter”, “as defined by the Secretary”, “Any public or private”, “solely”, and “available in” are omitted as surplus.
Subsection (h) is substituted for 49 App.:1614(c) (last sentence) for clarity and consistency in this chapter and to eliminate unnecessary words.
In subsection (j)(1), the text of 49 App.:1614(f) (1st sentence) is omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words “in carrying out projects” are omitted as surplus.

References in TextSection 204 of title 23, referred to in subsec. (g)(3)(E), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.

Amendments2015—Subsec. (b)(3)(B). Pub. L. 114–94, § 3007(b)(1), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.
Subsec. (c)(1). Pub. L. 114–94, § 3007(b)(2)(A), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)” in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 114–94, § 3007(a)(1), added subpar. (A) and struck out former subpar. (A), which read as follows: “$5,000,000 for each fiscal year ending before October 1, 2015, and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be distributed on a competitive basis by the Secretary.”
Pub. L. 114–87, § 1201(1), substituted “and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1201(1), substituted “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1201(1), substituted “for each fiscal year ending before October 1, 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1201(1), substituted “and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (c)(1)(B). Pub. L. 114–94, § 3007(a)(1), added subpar. (B) and struck out former subpar. (B), which read as follows: “$25,000,000 for each fiscal year ending before October 1, 2015, and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be apportioned as formula grants, as provided in subsection (j).”
Pub. L. 114–87, § 1201(2), substituted “and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1201(2), substituted “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1201(2), substituted “for each fiscal year ending before October 1, 2015, and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1201(2), substituted “and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (c)(2)(C). Pub. L. 114–94, § 3007(b)(2)(B), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.
Subsec. (c)(3)(A). Pub. L. 114–94, § 3007(b)(2)(C), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.
Subsec. (g)(3). Pub. L. 114–94, § 3007(a)(2), added subpars. (A) and (B), redesignated former subpars. (A) to (D) as (C) to (F), respectively, and in subpar. (F), inserted “, including all operating and capital costs of such service whether or not offset by revenue from such service,” after “the costs of a private operator for the unsubsidized segment of intercity bus service”.
Subsec. (j)(1)(A)(iii). Pub. L. 114–94, § 3007(a)(3)(A), substituted “(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)” for “(as defined by the Bureau of the Census)”.
Subsec. (j)(1)(E). Pub. L. 114–94, § 3007(a)(3)(B), added subpar. (E).
2014—Subsec. (c)(1)(A). Pub. L. 113–159, § 1201(1), inserted “for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be distributed”.
Subsec. (c)(1)(B). Pub. L. 113–159, § 1201(2), inserted “for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be apportioned”.
2012—Pub. L. 112–141, § 20010, amended section generally. Prior to amendment, section related to formula grants for other than urbanized areas.
Subsec. (c)(1)(G). Pub. L. 112–141, § 113004, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.”
Pub. L. 112–140, §§ 1(c), 304, temporarily amended subpar. (G) generally, apportioning $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.”
2011—Subsec. (c)(1)(F). Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: “$6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011.”
Subsec. (c)(1)(G). Pub. L. 112–30 added subpar. (G).
2010—Subsec. (c)(1)(E). Pub. L. 111–147 added subpar. (E).
Subsec. (c)(1)(F). Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.”
Pub. L. 111–147 added subpar. (F).
2008—Subsec. (g)(1)(A). Pub. L. 110–244, § 201(e)(1), (2), substituted “for a capital project or project administrative expenses” for “for any purpose other than operating assistance” and struck out “capital” after “net”.
Subsec. (g)(1)(B). Pub. L. 110–244, § 201(e)(2), struck out “capital” after “net”.
Subsec. (i)(1). Pub. L. 110–244, § 201(e)(3), substituted “Section 5333(b) applies” for “Sections 5323(a)(1)(D) and 5333(b) of this title apply”.
2005—Subsec. (a). Pub. L. 109–59, § 3013(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In this section, ‘recipient’ includes a State authority, a local governmental authority, a nonprofit organization, and an operator of mass transportation service.”
Subsec. (b). Pub. L. 109–59, § 3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows:
“(1) The Secretary of Transportation may make grants for transportation projects that are included in a State program of mass transportation 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 reservations, and the maximum feasible coordination of mass transportation service assisted under this section with transportation service assisted by other United States Government sources.
“(2) The Secretary of Transportation shall carry out a rural transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training, and related support services in nonurbanized areas.”
Subsec. (c). Pub. L. 109–59, § 3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “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 estimate 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 after 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.”
Subsec. (e). Pub. L. 109–59, § 3013(d), inserted “, Planning,” after “Administration” in heading and in text struck out “(1)” before “The Secretary”, substituted “subrecipient” for “recipient”, and struck out par. (2) which read as follows: “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.”
Subsec. (e)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (f)(1). Pub. L. 109–59, § 3013(e)(1), inserted heading, struck out “after September 30, 1993,” after “in each fiscal year” in introductory provisions and realigned margins of subpars. (A) to (D).
Subsec. (f)(1)(E). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(2). Pub. L. 109–59, § 3013(e)(2), inserted heading and substituted “Secretary, after consultation with affected intercity bus service providers,” for “Secretary of Transportation”.
Subsec. (g). Pub. L. 109–59, § 3013(f), substituted “Government” for “Government’s” in heading and amended text generally. Prior to amendment, text read as follows:
“(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.”
Subsec. (h). Pub. L. 109–59, § 3013(g), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “An amount made available under this section may be used for operating assistance.”
Subsec. (i). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 109–59, § 3013(h), which directed amendment of subsec. (j)(1) by substituting “if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees” for “but the Secretary of Labor may waive the application of section 5333(b)”, was executed by making the substitution in subsec. (i)(1) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (i) by Pub. L. 109–59, § 3013(g)(2). See above.
Subsec. (j). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i).
1998—Pub. L. 105–178, § 3014(a)(1), substituted “Formula grants” for “Financial assistance” in section catchline.
Subsec. (f)(1). Pub. L. 105–178, § 3014(a)(2), struck out “10 percent of the amount made available in the fiscal year ending September 30, 1993, and” before “15 percent of the amount” in introductory provisions.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective and Termination Dates of 2012 AmendmentAmendment by section 20010 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out a note under section 101 of Title 23, Highways.
Amendment by section 113004 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

§ 5312. Public transportation innovation(a) In General.—The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section.

(b) Research, Development, Demonstration, and Deployment Projects.—(1) In general.—The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements for research, development, demonstration, and deployment projects, and evaluation of research and technology of national significance to public transportation, that the Secretary determines will improve public transportation.

(2) Agreements.—In order to carry out paragraph (1), the Secretary may make grants to and enter into contracts, cooperative agreements, and other agreements with—(A) departments, agencies, and instrumentalities of the Government, including Federal laboratories;

(B) State and local governmental entities;

(C) providers of public transportation;

(D) private or non-profit organizations;

(E) institutions of higher education; and

(F) technical and community colleges.

(3) Application.—(A) In general.—To receive a grant, contract, cooperative agreement, or other agreement under this section, an entity described in paragraph (2) shall submit an application to the Secretary.

(B) Form and contents.—An application under subparagraph (A) shall be in such form and contain such information as the Secretary may require, including—(i) a statement of purpose detailing the need being addressed;

(ii) the short- and long-term goals of the project, including opportunities for future innovation and development, the potential for deployment, and benefits to riders and public transportation; and

(iii) the short- and long-term funding requirements to complete the project and any future objectives of the project.

(c) Research.—(1) In general.—The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation research project that has as its ultimate goal the development and deployment of new and innovative ideas, practices, and approaches.

(2) Project eligibility.—A public transportation research project that receives assistance under paragraph (1) shall focus on—(A) providing more effective and efficient public transportation service, including services to—(i) seniors;

(ii) individuals with disabilities; and

(iii) low-income individuals;

(B) mobility management and improvements and travel management systems;

(C) data and communication system advancements;

(D) system capacity, including—(i) train control;

(ii) capacity improvements; and

(iii) performance management;

(E) capital and operating efficiencies;

(F) planning and forecasting modeling and simulation;

(G) advanced vehicle design;

(H) advancements in vehicle technology;

(I) asset maintenance and repair systems advancement;

(J) construction and project management;

(K) alternative fuels;

(L) the environment and energy efficiency;

(M) safety improvements; or

(N) any other area that the Secretary determines is important to advance the interests of public transportation.

(d) Innovation and Development.—(1) In general.—The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation innovation and development project that seeks to improve public transportation systems nationwide in order to provide more efficient and effective delivery of public transportation services, including through technology and technological capacity improvements.

(2) Project eligibility.—A public transportation innovation and development project that receives assistance under paragraph (1) shall focus on—(A) the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful;

(B) planning and forecasting modeling and simulation;

(C) capital and operating efficiencies;

(D) advanced vehicle design;

(E) advancements in vehicle technology;

(F) the environment and energy efficiency;

(G) system capacity, including train control and capacity improvements; or

(H) any other area that the Secretary determines is important to advance the interests of public transportation.

(e) Demonstration, Deployment, and Evaluation.—(1) In general.—The Secretary may, under terms and conditions that the Secretary prescribes, make a grant to or enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote the early deployment and demonstration of innovation in public transportation that has broad applicability.

(2) Participants.—An entity described in this paragraph is—(A) an entity described in subsection (b)(2); or

(B) a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and demonstration of innovation.

(3) Project eligibility.—A demonstration, deployment, or evaluation project that receives assistance under paragraph (1) shall seek to build on successful research, innovation, and development efforts to facilitate—(A) the deployment of research and technology development resulting from private efforts or Federally funded efforts;

(B) the implementation of research and technology development to advance the interests of public transportation; or

(C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.

(4) Evaluation.—Not later than 2 years after the date on which a project receives assistance under paragraph (1), the Secretary shall conduct a comprehensive evaluation of the success or failure of the projects funded under this subsection and any plan for broad-based implementation of the innovation promoted by successful projects.

(5) Prohibition.—The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle.

(6) Definitions.—In this subsection—(A) the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;

(B) the term “low or no emission vehicle” means—(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or

(ii) a zero emission vehicle used to provide public transportation; and

(C) the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter.

(g) 11 So in original. There are two subsecs. designated (g). The first subsec. (g) probably should be designated (f). Annual Report on Research.—Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—(1) a description of each project that received assistance under this section during the preceding fiscal year; and

(2) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year.

(g) 1 Government Share of Costs.—(1) In general.—The Government share of the cost of a project carried out under this section shall not exceed 80 percent.

(2) Non-government share.—The non-Government share of the cost of a project carried out under this section may be derived from in-kind contributions.

(3) Financial benefit.—If the Secretary determines that there would be a clear and direct financial benefit to an entity under a grant, contract, cooperative agreement, or other agreement under this section, the Secretary shall establish a Government share of the costs of the project to be carried out under the grant, contract, cooperative agreement, or other agreement that is consistent with the benefit.

(h) Low or No Emission Vehicle Component Assessment.—(1) Definitions.—In this subsection—(A) the term “covered institution of higher education” means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A);

(B) the terms “direct carbon emissions” and “low or no emission vehicle” have the meanings given those terms in subsection (e)(6);

(C) the term “institution of higher education” has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and

(D) the term “low or no emission vehicle component” means an item that is separately installed in and removable from a low or no emission vehicle.

(2) Assessing low or no emission vehicle components.—(A) In general.—The Secretary shall competitively select at least one facility to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles.

(B) Operation and maintenance.—(i) In general.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least one institution of higher education to operate and maintain a facility selected under subparagraph (A).

(ii) Requirements.—An institution of higher education described in clause (i) shall have—(I) capacity to carry out transportation-related advanced component and vehicle evaluation;

(II) laboratories capable of testing and evaluation; and

(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle.

(C) Fees.—A covered institution of higher education shall establish and collect fees, which shall be approved by the Secretary, for the assessment of low or no emission vehicle components at the applicable facility selected under subparagraph (A).

(D) Availability of amounts to pay for assessment.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to an institution of higher education under which—(i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and

(ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).

(E) Voluntary testing.—A manufacturer of a low or no emission vehicle component is not required to assess the low or no emission vehicle component at a facility selected under subparagraph (A).

(F) Compliance with section 5318.—Notwithstanding whether a low or no emission vehicle component is assessed at a facility selected under subparagraph (A), each new bus model shall comply with the requirements under section 5318.

(G) Separate facility.—A facility selected under subparagraph (A) shall be separate and distinct from the facility operated and maintained under section 5318.

(3) Low or no emission vehicle component performance reports.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and annually thereafter, the Secretary shall issue a report on low or no emission vehicle component assessments conducted at each facility selected under paragraph (2)(A), which shall include information related to the maintainability, reliability, performance, structural integrity, efficiency, and noise of those low or no emission vehicle components.

(4) Public availability of assessments.—Each assessment conducted at a facility selected under paragraph (2)(A) shall be made publicly available, including to affected industries.

(5) Rule of construction.—Nothing in this subsection shall be construed to require—(A) a low or no emission vehicle component to be tested at a facility selected under paragraph (2)(A); or

(B) the development or disclosure of a privately funded component assessment.

(i) Transit Cooperative Research Program.—(1) In general.—The amounts made available under section 5338(a)(2)(G)(ii) are available for a public transportation cooperative research program.

(2) Independent governing board.—(A) Establishment.—The Secretary shall establish an independent governing board for the program under this subsection.

(B) Recommendations.—The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.

(3) Federal assistance.—The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate.

(4) Government share of costs.—If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall establish a Government share consistent with that benefit.

(5) Limitation on applicability.—Subsections (f) 22 So in original. There is no subsec. designated subsec. (f). and (g) shall not apply to activities carried out under this subsection.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105–178, title III, § 3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§ 3002(b)(4), 3014(a)–(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597; Pub. L. 110–244, title II, § 201(f), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20011, July 6, 2012, 126 Stat. 686; Pub. L. 114–94, div. A, title III, § 3008(a), (b), Dec. 4, 2015, 129 Stat. 1465, 1468.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5312(a)49 App.:1605(a).July 9, 1964, Pub. L. 88–365, § 6(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 13(b), 84 Stat. 969.
 49 App.:1605(d).July 9, 1964, Pub. L. 88–365, § 6(d), 78 Stat. 305; Sept. 8, 1966, Pub. L. 89–562, § 3, 80 Stat. 717; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25.
5312(b)(1)49 App.:1607c(a) (1st, 2d sentences).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 11(a); added Sept. 8, 1966, Pub. L. 89–562, § 2(a)(2), 80 Stat. 716.
5312(b)(2)49 App.:1607c(a) (3d sentence).
5312(b)(3)49 App.:1607c(a) (last sentence).
5312(c)(1)49 App.:1607b (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 10; added Sept. 8, 1966, Pub. L. 89–562, § 2(a)(2), 80 Stat. 716; restated Nov. 6, 1978, Pub. L. 95–599, § 306, 92 Stat. 2744.
5312(c)(2)49 App.:1603(c) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 4(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 303(e), 92 Stat. 2739; Apr. 2, 1987, Pub. L. 100–17, § 320, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, § 3006(h)(1), 105 Stat. 2090.
5312(c)(3)49 App.:1607b (2d–last sentences).

In subsections (a) and (b)(1), the words “(or the Secretary of Housing and Urban Development when required by section 5334(i) of this title)” are added for clarity.
In subsection (a), the word “working” is omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “other Federal departments and agencies” for consistency in the revised title and with other titles of the United States Code. The words “all phases of”, “(including the development, testing, and demonstration of new facilities, equipment, techniques, and methods)”, “In carrying out the provisions of this section”, “or data as he deems”, “public or private”, and “contained . . . section 1701d–3 of title 12 or . . . other provision of” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “public and private”, “assist in establishing or carrying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to”, and “and qualified” are omitted as surplus. In clause (A), the words “or both” are omitted as surplus.
In subsection (b)(3), the word “appropriate” is added for clarity.
In subsection (c)(1), the words “and agencies thereof” are omitted as surplus.
In subsection (c)(3), before clause (A), the words “public or private training” and “the sum of” are omitted as surplus. In clause (B), the words “in connection with the fellowship” are omitted as surplus.

References in TextThe date of enactment of the Federal Public Transportation Act of 2015, referred to in subsec. (h)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

Amendments2015—Pub. L. 114–94, § 3008(a)(1), substituted “Public transportation innovation” for “Research, development, demonstration, and deployment projects” in section catchline.
Subsecs. (a), (b). Pub. L. 114–94, § 3008(a)(2), (3), added subsec. (a) and redesignated former subsec. (a) as (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(1). Pub. L. 114–94, § 3008(b)(1), substituted “subsection (b)(2)” for “subsection (a)(2)”.
Subsec. (d). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 114–94, § 3008(b)(2)(A), substituted “subsection (b)(2)” for “subsection (a)(2)”.
Subsec. (d)(2)(A). Pub. L. 114–94, § 3008(b)(2)(B), substituted “subsection (c)” for “subsection (b)”.
Subsec. (e). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(2). Pub. L. 114–94, § 3008(b)(3), substituted “subsection (b)(2)” for “subsection (a)(2)” in subpars. (A) and (B).
Subsec. (e)(3). Pub. L. 114–94, § 3008(a)(4)(A)(i), inserted “demonstration, deployment, or evaluation” before “project that” in introductory provisions.
Subsec. (e)(3)(C). Pub. L. 114–94, § 3008(a)(4)(A)(ii)–(iv), added subpar. (C).
Subsec. (e)(5), (6). Pub. L. 114–94, § 3008(a)(4)(B), added pars. (5) and (6) and struck out former par. (5), which related to low or no emission vehicle deployment.
Subsec. (f). Pub. L. 114–94, § 3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g).
Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (e) relating to annual report on research as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 114–94, § 3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g), inserted heading and introductory provisions, and struck out former heading and introductory provisions. Prior to amendment, text read as follows: “Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes—”.
Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (f) relating to government share of costs as (g).
Subsec. (g)(1). Pub. L. 114–94, § 3008(a)(6)(B), struck out “and” at end.
Subsec. (g)(2). Pub. L. 114–94, § 3008(b)(4), which directed substitution of “subsection (e)(4)” for “subsection (d)(4)” in subsec. (f)(2), was executed to par. (2) of subsec. (g) relating to annual report on research, to reflect the probable intent of Congress.
Pub. L. 114–94, § 3008(a)(6)(C), substituted a period for “; and”.
Subsec. (g)(3). Pub. L. 114–94, § 3008(a)(6)(D), struck out par. (3) which read as follows: “a proposal for allocations of amounts for assistance under this section for the subsequent fiscal year.”
Subsec. (h). Pub. L. 114–94, § 3008(a)(5), added subsec. (h).
Subsec. (i). Pub. L. 114–94, § 3008(a)(7), added subsec. (i).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to research, development, demonstration, and deployment projects and consisted of subsecs. (a) to (c).
2008—Subsec. (c). Pub. L. 110–244 substituted “Public Transportation” for “Mass Transportation” in heading.
2005—Pub. L. 109–59, § 3014(e)(1), substituted “deployment” for “training” in section catchline.
Subsec. (a). Pub. L. 109–59, § 3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transportation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Secretary under another law.”
Subsec. (b). Pub. L. 109–59, § 3014(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training.
Subsec. (c). Pub. L. 109–59, § 3014(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental authorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation.
Subsec. (c)(2). Pub. L. 109–59, § 3014(c), substituted “public or private” for “public and private”.
Subsec. (c)(3). Pub. L. 109–59, § 3014(d), struck out “shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and” after “Such revenues”.
Subsec. (d). Pub. L. 109–59, § 3014(b), redesignated subsec. (d) as (b).
Subsec. (d)(1)(A), (2). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (e). Pub. L. 109–59, § 3014(b), redesignated subsec. (e) as (c).
Subsec. (e)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
1998—Subsecs. (d), (e). Pub. L. 105–178 added subsecs. (d) and (e).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

[§ 5313. Repealed. Pub. L. 114–94, div. A, title III, § 3030(b), Dec. 4, 2015, 129 Stat. 1496]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, § 3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§ 3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597; Pub. L. 112–141, div. B, § 20030(b), July 6, 2012, 126 Stat. 730, related to transit cooperative research program.

Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§ 5314. Technical assistance and workforce development(a) Technical Assistance and Standards.—(1) Technical assistance and standards development.—(A) In general.—The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to—(i) more effectively and efficiently provide public transportation service;

(ii) administer funds received under this chapter in compliance with Federal law; and

(iii) improve public transportation.

(B) Eligible activities.—The activities carried out under subparagraph (A) may include—(i) technical assistance; and

(ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.

(2) Technical assistance.—The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to—(A) comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act;

(B) comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;

(C) meet the transportation needs of elderly individuals;

(D) increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations;

(E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;

(F) facilitate best practices to promote bus driver safety;

(G) meet the requirements of sections 5323(j) and 5323(m);

(H) assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and

(I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.

(3) Annual report on technical assistance.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes—(A) a description of each project that received assistance under this subsection during the preceding fiscal year;

(B) an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year;

(C) a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and

(D) measurable outcomes and impacts of the programs funded under subsections (b) and (c).

(4) Government share of costs.—(A) In general.—The Government share of the cost of an activity carried out using a grant under this subsection may not exceed 80 percent.

(B) Non-government share.—The non-Government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions.

(b) Human Resources and Training.—(1) In general.—The Secretary may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include—(A) an employment training program;

(B) an outreach program to increase employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities;

(C) research on public transportation personnel and training needs;

(D) training and assistance for veteran and minority business opportunities; and

(E) consensus-based national training standards and certifications in partnership with industry stakeholders.

(2) Innovative public transportation frontline workforce development program.—(A) In general.—The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under paragraph (1).

(B) Eligible programs.—A program eligible for assistance under paragraph (1) shall—(i) develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations;

(ii) build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps;

(iii) improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and

(iv) address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations.

(C) Selection of recipients.—To the maximum extent feasible, the Secretary shall select recipients that—(i) are geographically diverse;

(ii) address the workforce and human resources needs of large public transportation providers;

(iii) address the workforce and human resources needs of small public transportation providers;

(iv) address the workforce and human resources needs of urban public transportation providers;

(v) address the workforce and human resources needs of rural public transportation providers;

(vi) advance training related to maintenance of low or no emission vehicles and facilities used in public transportation;

(vii) target areas with high rates of unemployment;

(viii) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and

(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(D) Program outcomes.—A recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training, on-the-job training, and work-based learning, including—(i) the impact on reducing public transportation workforce shortages in the area served;

(ii) the diversity of training participants;

(iii) the number of participants obtaining certifications or credentials required for specific types of employment;

(iv) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and

(v) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program.

(E) Report to congress.—The Secretary shall make publicly available a report on the Frontline Workforce Development Program for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of activities carried out under this paragraph, an evaluation of the program, and policy recommendations to improve program effectiveness.

(3) Government’s share of costs.—The Government share of the cost of a project carried out using a grant under paragraph (1) or (2) shall be 50 percent.

(4) Availability of amounts.—Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.

(c) National Transit Institute.—(1) Establishment.—The Secretary shall establish a national transit institute and award grants to a public 4-year degree-granting institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in order to carry out the duties of the institute.

(2) Duties.—(A) In general.—In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work.

(B) Training and educational programs.—The training and educational programs developed under subparagraph (A) may include courses in recent developments, techniques, and procedures related to—(i) intermodal and public transportation planning;

(ii) management;

(iii) environmental factors;

(iv) acquisition and joint use rights-of-way;

(v) engineering and architectural design;

(vi) procurement strategies for public transportation systems;

(vii) turnkey approaches to delivering public transportation systems;

(viii) new technologies;

(ix) emission reduction technologies;

(x) ways to make public transportation accessible to individuals with disabilities;

(xi) construction, construction management, insurance, and risk management;

(xii) maintenance;

(xiii) contract administration;

(xiv) inspection;

(xv) innovative finance;

(xvi) workplace safety; and

(xvii) public transportation security.

(3) Provision for education and training.—Education and training of Government, State, and local transportation employees under this subsection shall be provided—(A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or

(B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.

(4) Availability of amounts.—(A) In general.—Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.

(B) Existing programs.—A recipient may use amounts made available under subparagraph (A) to carry out existing local education and training programs for public transportation employees supported by the Secretary, the Department of Labor, or the Department of Education.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §§ 3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§ 3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599; Pub. L. 110–244, title II, § 201(g), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20012, July 6, 2012, 126 Stat. 690; Pub. L. 114–94, div. A, title III, § 3009(a), Dec. 4, 2015, 129 Stat. 1469.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5314(a)49 App.:1622(b) (1)–(7).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 26(b)(1)–(8) (related to this subsection); added Dec. 18, 1991, Pub. L. 102–240, § 3030, 105 Stat. 2118.
5314(b)49 App.:1622(b)(8) (related to this subsection).

In subsection (a)(2), the word “subsection” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
In subsection (a)(3), the words “conditions, requirements, and provisions” are omitted as being included in “terms”.
In subsection (a)(4)(C), the word “section” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.

References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (a)(2)(A), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(D)(iv), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Amendments2015—Pub. L. 114–94 amended section generally, substituting provisions relating to technical assistance and workforce development for provisions relating to technical assistance and standards development.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national research programs.
2008—Subsec. (a)(3). Pub. L. 110–244, which directed substitution of “section 5333(b)” for “section 5323(a)(1)(D)” in subsec. (a)(3) of section 5314, without specifying the Code title to be amended, was executed by making the substitution in subsec. (a)(3) of this section, to reflect the probable intent of Congress.
2005—Pub. L. 109–59, § 3016(a)(1), struck out “planning and” before “research” in section catchline.
Subsec. (a)(1). Pub. L. 109–59, § 3016(a)(2), substituted “section 5338(d)” for “subsections (d) and (h)(7) of section 5338 of this title” and “, contracts, cooperative agreements, or other agreements” for “and contracts” and struck out “5303–5306,” before “5312,” and “5317,” before “and 5322”.
Subsec. (a)(2). Pub. L. 109–59, § 3016(a)(3), substituted “The Secretary shall” for “Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to”.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation-related” for “mass transportation-related” and “public transportation” for “mass transportation”.
Subsec. (a)(4)(A). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(4)(B), (C). Pub. L. 109–59, § 3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators 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 development, project cost sharing, and project execution.”
Subsec. (a)(6). Pub. L. 109–59, § 3016(a)(6), added par. (6).
Subsec. (b). Pub. L. 109–59, § 3016(a)(7), substituted “, contract, cooperative agreement, or other agreement under subsection (a) or section 5312,” for “or contract financed under subsection (a) of this section,”.
Subsec. (c). Pub. L. 109–59, § 3016(b), added subsec. (c).
1998—Subsec. (a)(1). Pub. L. 105–178, § 3029(b)(6), substituted “subsections (d) and (h)(7) of section 5338” for “section 5338(g)(4)”.
Subsec. (a)(2). Pub. L. 105–178, § 3016, substituted “$3,000,000” for “$2,000,000”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5315. Private sector participation(a) General Purposes.—In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary shall—(1) better coordinate public and private sector-provided public transportation services;

(2) promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and

(3) promote transparency and public understanding of public-private partnerships affecting public transportation.

(b) Actions to Promote Better Coordination Between Public and Private Sector Providers of Public Transportation.—The Secretary shall—(1) provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and

(2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.

(c) Actions to Provide Technical Assistance for Alternative Project Delivery Methods.—Upon request by a sponsor of a new fixed guideway capital project, the Secretary shall—(1) identify best practices for public-private partnerships models in the United States and in other countries;

(2) develop standard public-private partnership transaction model contracts; and

(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.

(d) Rule of Construction.—Nothing in this section shall be construed to alter—(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or

(2) the requirements of section 5306(a).

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104–287, § 5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105–206, title IX, § 9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 109–59, title III, § 3017, Aug. 10, 2005, 119 Stat. 1600; Pub. L. 112–141, div. B, § 20013(a), July 6, 2012, 126 Stat. 692; Pub. L. 114–94, div. A, title III, § 3010(a), Dec. 4, 2015, 129 Stat. 1474.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5315(a)49 App.:1625(a) (1st–3d sentences).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 29(a)–(c); added Dec. 18, 1991, Pub. L. 102–240, § 6022, 105 Stat. 2185.
5315(b)49 App.:1625(a) (last sentence).
5315(c)49 App.:1625(c).
5315(d)49 App.:1625(b).

In subsection (a), before clause (1), the word “conduct” is substituted for “administer” for consistency in this section.
In subsection (d), the word “department” is omitted for consistency in this section.

Pub. L. 104–287This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.

Amendments2015—Subsec. (d). Pub. L. 114–94 added subsec. (d).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national transit institute.
2005—Subsecs. (a), (b). Pub. L. 109–59, § 3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b).
Subsec. (d). Pub. L. 109–59, § 3017(b), struck out “mass” after “public” in two places.
1998—Pub. L. 105–178, § 3017(a)(1), as amended by Pub. L. 105–206 substituted “transit” for “mass transportation” in section catchline.
Subsec. (a). Pub. L. 105–178, § 3017(a)(2)(A), as amended by Pub. L. 105–206 substituted “national transit institute” for “national mass transportation institute” in introductory provisions.
Subsec. (a)(5). Pub. L. 105–178, § 3017(a)(2)(B), as amended by Pub. L. 105–206 inserted “and architectural design” before semicolon at end.
Subsec. (a)(7). Pub. L. 105–178, § 3017(a)(2)(C), as amended by Pub. L. 105–206 substituted “delivering” for “carrying out”.
Subsec. (a)(11). Pub. L. 105–178, § 3017(a)(2)(D), as amended by Pub. L. 105–206 inserted “, construction management, insurance, and risk management” before semicolon at end.
Subsec. (a)(15), (16). Pub. L. 105–178, § 3017(a)(2)(E)–(G), as amended by Pub. L. 105–206 added pars. (15) and (16).
1996—Subsec. (d). Pub. L. 104–287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Public-Private Partnership Procedures and ApproachesPub. L. 112–141, div. B, § 20013(b), July 6, 2012, 126 Stat. 692, provided that:
“(1) Identify impediments.—The Secretary shall—“(A) except as provided in paragraph (6), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in public transportation capital projects; and

“(B) develop and implement on a project basis procedures and approaches that—“(i) address such impediments in a manner similar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as ‘SEP-15’); and

“(ii) protect the public interest and any public investment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects.

“(2) Transparency.—The Secretary shall develop guidance to promote greater transparency and public access to public-private partnership agreements involving recipients of Federal assistance under chapter 53 of title 49, United States Code, including—“(A) any conflict of interest involving any party involved in the public-private partnership;

“(B) tax and financing aspects related to a public-private partnership agreement;

“(C) changes in the workforce and wages, benefits, or rules as a result of a public-private partnership;

“(D) estimates of the revenue or savings the public-private partnership will produce for the private entity and public entity;

“(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained in public-private partnership agreements; and

“(F) any other issues the Secretary believes will increase transparency of public-private partnership agreements and protect the public interest.

“(3) Assessment.—In developing and implementing the guidance under paragraph (2), the Secretary shall encourage project sponsors to conduct assessments to determine whether use of a public-private partnership represents a better public and financial benefit than a similar transaction using public funding or public project delivery.

“(4) Report.—Not later than 4 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall submit to Congress a report on the status of the procedures, approaches, and guidance developed and implemented under paragraphs (1) and (2).

“(5) Rulemaking.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules to carry out the procedures and approaches developed under paragraph (1).

“(6) Rule of construction.—Nothing in this subsection may be construed to allow the Secretary to waive any requirement under—“(A) section 5333 of title 49, United States Code;

“(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

“(C) any other provision of Federal law.”

[§§ 5316, 5317. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

Section 5316, added Pub. L. 109–59, title III, § 3018(a), Aug. 10, 2005, 119 Stat. 1601, related to job access and reverse commute formula grants.

A prior section 5316, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, § 338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105–178, title V, § 5110(c), June 9, 1998, 112 Stat. 444.

Section 5317, added Pub. L. 109–59, title III, § 3019(a), Aug. 10, 2005, 119 Stat. 1605, related to the New Freedom grant program to assist individuals with disabilities with public transportation.

A prior section 5317, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, § 5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, § 5110(c), June 9, 1998, 112 Stat. 444.

Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5318. Bus testing facility(a) Facility.—The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.

(b) Operation and Maintenance.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, a qualified person or organization to operate and maintain the facility. The contract, cooperative agreement, or grant may provide for the testing of rail cars and other public transportation vehicles at the facility.

(c) Fees.—The person operating and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. The Secretary must approve the fees.

(d) Availability of Amounts To Pay for Testing.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, 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 to carry out this section. The entity having the vehicle tested shall pay 20 percent of the cost.

(e) Acquiring New Bus Models.—(1) In general.—Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if—(A) a bus of that model has been tested at a facility authorized under subsection (a); and

(B) the bus tested under subparagraph (A) met—(i) performance standards for maintainability, reliability, performance (including braking performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and

(ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b).

(2) Bus test “pass/fail” standard.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule under subparagraph (B)(i). The final rule issued under paragraph 11 So in original. Probably should be “subparagraph”. (B)(i) shall include a bus model scoring system that results in a weighted, aggregate score that uses the testing categories under subsection (a) and considers the relative importance of each such testing category. The final rule issued under subparagraph (B)(i) shall establish a “pass/fail” standard that uses the aggregate score described in the preceding sentence. Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if the new bus model has received a passing aggregate test score. The Secretary shall work with the bus testing facility, bus manufacturers, and transit agencies to develop the bus model scoring system under this paragraph. A passing aggregate test score under the rule issued under subparagraph (B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model and shall not be interpreted as a warranty or guarantee that the new bus model will meet a purchaser’s specific requirements.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, § 6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§ 3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§ 3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608; Pub. L. 112–141, div. B, § 20014, July 6, 2012, 126 Stat. 694.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5318(a)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 100–17, § 317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, § 6021(b), 105 Stat. 2184.
5318(b)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 100–17, § 317(b)(2), 101 Stat. 233.
5318(c)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 100–17, § 317(b)(3), 101 Stat. 233.
5318(d)49 App.:1602(m) (2d–last sentences).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(m) (2d–last sentences); added Dec. 18, 1991, Pub. L. 102–240, § 3009, 105 Stat. 2093.
5318(e)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 100–17, § 317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, § 6021(c), 105 Stat. 2184.
 49 App.:1608 (note).Apr. 2, 1987, Pub. L. 100–17, 101 Stat. 132, § 317(b)(6); added Dec. 18, 1991, Pub. L. 102–240, § 6021(d), 105 Stat. 2184.

In subsection (c), the words “Under the contract entered into under paragraph (2)” are omitted as surplus.
In subsection (d), the words “to the operator of the facility” are omitted as surplus.
In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words “operating and maintaining the facility” are substituted for “described in paragraph (3)” for clarity.

Pub. L. 103–429This amends 49:5318(e) to correct an erroneous cross-reference.

References in TextThe date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Amendments2012—Pub. L. 112–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a).”
2005—Subsec. (a). Pub. L. 109–59, § 3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), 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.”
Subsec. (b). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d). Pub. L. 109–59, § 3020(b), substituted “to carry out this section” for “under section 5309(m)(1)(C) of this title”.
Subsec. (e). Pub. L. 109–59, § 3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “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 Uniform 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.”
1998—Subsec. (b). Pub. L. 105–178, § 3018(a), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and inserted “or organization” after “qualified person”, “, cooperative agreement, or grant” after “The contract”, and “mass transportation” after “and other”.
Subsec. (d). Pub. L. 105–178, §§ 3018(b), 3029(b)(8), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and “5309(m)(1)(C) of this title” for “5338(j)(5) of this title”.
1994—Subsec. (e). Pub. L. 103–429 inserted “Uniform” before “Relocation”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

[§ 5319. Repealed. Pub. L. 114–94, div. A, title III, § 3030(c), Dec. 4, 2015, 129 Stat. 1497]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, § 3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, § 201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20030(c), July 6, 2012, 126 Stat. 730, made certain bicycle facilities eligible for assistance under sections 5307, 5309, and 5311 of this title.

Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

[§ 5320. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

Section, added Pub. L. 109–59, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110–244, title II, § 201(i), June 6, 2008, 122 Stat. 1610, related to alternative transportation in parks and public lands.

A prior section 5320, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, § 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, § 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, § 9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608.

Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5321. Crime prevention and security
The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

532149 App.:1620.July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 24; added Apr. 2, 1987, Pub. L. 100–17, § 325, 101 Stat. 237.

Amendments2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation”.

RegulationsPub. L. 109–59, title III, § 3028(c), Aug. 10, 2005, 119 Stat. 1624, provided that: “Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.”

Public Transportation SecurityPub. L. 109–59, title III, § 3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that:
“(1) In general.—Not later than 45 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security.

“(2) Contents.—The annex to be executed under paragraph (1) shall—“(A) establish a process to develop security standards for public transportation agencies;

“(B) create a method of direct coordination with public transportation agencies on security matters;

“(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and

“(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security.”

[§ 5322. Repealed. Pub. L. 114–94, div. A, title III, § 3030(d), Dec. 4, 2015, 129 Stat. 1497]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§ 3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614; Pub. L. 112–141, div. B, § 20015, July 6, 2012, 126 Stat. 695, provided for programs that address human resource needs in public transportation activities.

Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

§ 5323. General provisions(a) Interests in Property.—(1) In general.—Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if—(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;

(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and

(C) just compensation under State or local law will be paid to the company for its franchise or property.

(2) Limitation.—A governmental authority may not use financial assistance of the United States Government to acquire land, equipment, or a facility used in public transportation from another governmental authority in the same geographic area.

(b) Relocation and Real Property Requirements.—The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for capital projects under this chapter.

(c) Consideration of Economic, Social, and Environmental Interests.—(1) Cooperation and consultation.—The Secretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment.

(2) Compliance with nepa.—The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to financial assistance for capital projects under this chapter.

(d) Condition on Charter Bus Transportation Service.—(1) Agreements.—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 public transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which it provides regularly scheduled public transportation service. An agreement shall provide for a fair arrangement the Secretary of Transportation considers appropriate to ensure that the assistance will not enable a governmental authority or an operator for a governmental authority to foreclose a private operator from providing intercity charter bus service if the private operator can provide the service.

(2) Violations.—(A) Investigations.—On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred.

(B) Enforcement of agreements.—If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement.

(C) Additional remedies.—In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.

(e) Bond Proceeds Eligible for Local Share.—(1) Use as local matching funds.—Notwithstanding any other provision of law, a recipient of assistance under section 5307, 5309, or 5337 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.

(2) Maintenance of effort.—The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years.

(3) Debt service reserve.—The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(3)(J) from amounts made available to the recipient under section 5309.

(f) Schoolbus Transportation.—(1) Agreements.—Financial assistance under this chapter may be used for a capital project, or to operate public transportation equipment or a public transportation facility, only if the applicant agrees not to provide schoolbus transportation that exclusively transports students and school personnel in competition 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 program for the school system; and

(B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates.

(2) Violations.—If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.

(g) Buying Buses Under Other Laws.—Subsections (d) and (f) of this section apply to financial assistance to buy a bus under sections 133 and 142 of title 23.

(h) Grant and Loan Prohibitions.—A grant or loan may not be used to—(1) pay ordinary governmental or nonproject operating expenses;

(2) pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team; or

(3) support a procurement that uses an exclusionary or discriminatory specification.

(i) Government Share of Costs for Certain Projects.—(1) Acquiring vehicles and vehicle-related equipment or facilities.—(A) Vehicles.—A grant for a project to be assisted under this chapter that involves acquiring vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the Clean Air Act is for 85 percent of the net project cost.

(B) Vehicle-related equipment or facilities.—A grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment or facilities required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for purposes of complying with or maintaining compliance with the Clean Air Act, is for 90 percent of the net project cost of such equipment or facilities attributable to compliance with those Acts. The Secretary shall have discretion to determine, through practicable administrative procedures, the costs of such equipment or facilities attributable to compliance with those Acts.

(2) Costs incurred by providers of public transportation by vanpool.—(A) Local matching share.—The local matching share provided by a recipient of assistance for a capital project under this chapter may include any amounts expended by a provider of public transportation by vanpool for the acquisition of rolling stock to be used by such provider in the recipient’s service area, excluding any amounts the provider may have received in Federal, State, or local government assistance for such acquisition.

(B) Use of revenues.—A private provider of public transportation by vanpool may use revenues it receives in the provision of public transportation service in the service area of a recipient of assistance under this chapter that are in excess of the provider’s operating costs for the purpose of acquiring rolling stock, if the private provider enters into a legally binding agreement with the recipient that requires the provider to use the rolling stock in the recipient’s service area.

(C) Definitions.—In this paragraph, the following definitions apply:(i) Private provider of public transportation by vanpool.—The term “private provider of public transportation by vanpool” means a private entity providing vanpool services in the service area of a recipient of assistance under this chapter using a commuter highway vehicle or vanpool vehicle.

(ii) Commuter highway vehicle; vanpool vehicle.—The term “commuter highway vehicle or vanpool vehicle” means any vehicle—(I) the seating capacity of which is at least 6 adults (not including the driver); and

(II) at least 80 percent of the mileage use of which can be reasonably expected to be for the purposes of transporting commuters in connection with travel between their residences and their place of employment.

(j) Buy America.—(1) In general.—The Secretary 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) Waiver.—The Secretary 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, traction power equipment, and rolling stock prototypes) under this chapter—(i) the cost of components and subcomponents produced in the United States—(I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;

(II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and

(III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 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) Written waiver determination and annual report.—(A) Written determination.—Before issuing a waiver under paragraph (2), the Secretary shall—(i) publish in the Federal Register and make publicly available in an easily identifiable location on the website of the Department of Transportation a detailed written explanation of the waiver determination; and

(ii) provide the public with a reasonable period of time for notice and comment.

(B) Annual report.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, and annually thereafter, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report listing any waiver issued under paragraph (2) during the preceding year.

(4) Labor costs for final assembly.—In this subsection, labor costs involved in final assembly are not included in calculating the cost of components.

(5) Rolling stock frames or car shells.—In carrying out paragraph (2)(C) in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000, if rolling stock frames or car shells are not produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of steel or iron that is produced in the United States and used in the rolling stock frames or car shells.

(6) Certification of domestic supply and disclosure.—(A) Certification of domestic supply.—If the Secretary denies an application for a waiver under paragraph (2), the Secretary shall provide to the applicant a written certification that—(i) the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the “item”) is produced in the United States in a sufficient and reasonably available amount;

(ii) the item produced in the United States is of a satisfactory quality; and

(iii) includes a list of known manufacturers in the United States from which the item can be obtained.

(B) Disclosure.—The Secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the Department of Transportation.

(7) Waiver prohibited.—The Secretary 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.

(8) Penalty for mislabeling and misrepresentation.—A person is ineligible under subpart 9.4 of the Federal Acquisition Regulation, or any successor thereto, to receive a contract or subcontract made with amounts authorized under the Federal Public Transportation Act of 2015 if a court or department, agency, or instrumentality of the Government decides the person intentionally—(A) affixed a “Made in America” label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or

(B) represented that goods described in subparagraph (A) of this paragraph were produced in the United States.

(9) State requirements.—The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, 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.

(10) Opportunity to correct inadvertent error.—The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.

(11) Administrative review.—A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.

(12) Steel and iron.—For purposes of this subsection, steel and iron meeting the requirements of section 661.5(b) of title 49, Code of Federal Regulations may be considered produced in the United States.

(13) Definition of small purchase.—For purposes of determining whether a purchase qualifies for a general public interest waiver under paragraph (2)(A) of this subsection, including under any regulation promulgated under that paragraph, the term “small purchase” means a purchase of not more than $150,000.

(k) Participation of Governmental Agencies in Design and Delivery of Transportation Services.—Governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall—(1) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and

(2) be included in the planning for those services.

(l) Relationship to Other Laws.—(1) Fraud and false statements.—Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter if the Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act in connection with a Federal public transportation program.

(2) Political activities of nonsupervisory employees.—The provision of assistance under this chapter shall not be construed to require the application of chapter 15 of title 5 to any nonsupervisory employee of a public transportation system (or any other agency or entity performing related functions) to whom such chapter does not otherwise apply.

(m) Preaward and Postdelivery Review of Rolling Stock Purchases.—The Secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with Government motor vehicle safety requirements, subsection (j) of this section, and bid specifications requirements of grant recipients under this chapter. Under this subsection, independent inspections and review are required, and a manufacturer certification is not sufficient. Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving rural areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.

(n) Submission of Certifications.—A certification required under this chapter and any additional certification or assurance required by law or regulation to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of a grant application under this chapter. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(d)(2).

(o) Grant Requirements.—The grant requirements under sections 5307, 5309, and 5337 apply to any project under this chapter that receives any assistance or other financing under chapter 6 (other than section 609) of title 23.

(p) Alternative Fueling Facilities.—A recipient of assistance under this chapter may allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if—(1) the incidental use does not interfere with the recipient’s public transportation operations;

(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity;

(3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and

(4) private entities pay all applicable excise taxes on fuel.

(q) Corridor Preservation.—(1) In general.—The Secretary may assist a recipient in acquiring right-of-way before the completion of the environmental reviews for any project that may use the right-of-way if the acquisition is otherwise permitted under Federal law.

(2) Environmental reviews.—Right-of-way acquired under this subsection may not be developed in anticipation of the project until all required environmental reviews for the project have been completed.

(r) Reasonable Access to Public Transportation Facilities.—A recipient of assistance under this chapter may not deny reasonable access for a private intercity or charter transportation operator to federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access would be detrimental to existing public transportation services must be considered.

(s) Value Capture Revenue Eligible for Local Share.—Notwithstanding any other provision of law, a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter.

(t) Special Condition on Charter Bus Transportation Service.—If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part—(1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and

(2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.

(u) Limitation on Certain Rolling Stock Procurements.—(1) In general.—Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock—(A) is incorporated in or has manufacturing facilities in the United States; and

(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;

(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and

(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

(2) Exception.—For purposes of paragraph (1), the term “otherwise related legally or financially” does not include a minority relationship or investment.

(3) International agreements.—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.

(4) Certification for rail rolling stock.—(A) In general.—Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1).

(B) Separate certification.—The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1).

(5) Special rules.—(A) Parties to executed contracts.—This subsection, including the certification requirement under paragraph (4), shall not apply to the award of any contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have executed a contract for rail rolling stock before the date of enactment of this subsection.

(B) Rolling stock.—Except as provided in subparagraph (C) and for a contract or subcontract that is not described in subparagraph (A), this subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with any rolling stock manufacturer for the 2-year period beginning on or after the date of enactment of this subsection.

(C) Exception.—Subparagraph (B) shall not apply to the award of a contract or subcontract made by the Washington Metropolitan Area Transit Authority.

(v) Cybersecurity Certification for Rail Rolling Stock and Operations.—(1) Certification.—As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks.

(2) Compliance.—For the process required under paragraph (1), a recipient of assistance under this chapter shall—(A) utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as applicable;

(B) identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and

(C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.

(3) Limitations on statutory construction.—Nothing in this subsection shall be construed to interfere with the authority of—(A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or

(B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103–429, § 6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, § 5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3020, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §§ 3002(b)(4), 3023(a)–(i)(3), (j)–(m), Aug. 10, 2005, 119 Stat. 1545, 1615–1619; Pub. L. 110–244, title II, § 201(j), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, § 20016, July 6, 2012, 126 Stat. 697; Pub. L. 114–94, div. A, title III, § 3011, Dec. 4, 2015, 129 Stat. 1474; Pub. L. 116–92, div. F, title LXXVI, § 7613, Dec. 20, 2019, 133 Stat. 2314.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5323(a)(1)49 App.:1602(e).July 9, 1964, Pub. L. 88–365, § 3(e), 78 Stat. 303; Sept. 8, 1966, Pub. L. 89–562, § 2(b)(1), 80 Stat. 716; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(1), 84 Stat. 962; Nov. 6, 1978, Pub. L. 95–599, § 302(c), 92 Stat. 2737.
5323(a)(2)49 App.:1608(e).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(e), (g); added Nov. 6, 1978, Pub. L. 95–599, § 308(d), 92 Stat. 2747.
5323(b)49 App.:1602(d).July 9, 1964, Pub. L. 88–365, § 3(d), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 964.
5323(c)49 App.:1608(h)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(h)(1); added Apr. 2, 1987, Pub. L. 100–17, § 317(a), 101 Stat. 233.
5323(d)49 App.:1602(f).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(f); added Jan. 4, 1974, Pub. L. 93–650, § 1(a), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, § 813(a), 88 Stat. 737; Nov. 26, 1974, Pub. L. 93–503, § 109(b), 88 Stat. 1573.
5323(e)49 App.:1608(g).
5323(f)49 App.:1602(g).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(g); added Nov. 26, 1974, Pub. L. 93–503, § 109(a), 88 Stat. 1572.
5323(g)49 App.:1602a.Aug. 13, 1973, Pub. L. 93–87, § 164, 87 Stat. 281; Jan. 4, 1974, Pub. L. 93–650, § 1(b), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, § 813(b), 88 Stat. 737.
5323(h)49 App.:1602(a)(2)(C).July 9, 1964, Pub. L. 88–365, § 3(a)(2)(C), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736.
5323(i)49 App.:1608(m).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(m); added Dec. 18, 1991, Pub. L. 102–240, § 3020, 105 Stat. 2110.
5323(j)(1)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, § 165(a) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2136; Mar. 9, 1984, Pub. L. 98–229, § 10, 98 Stat. 57; Dec. 18, 1991, Pub. L. 102–240, § 1048(a), 105 Stat. 1999.
5323(j)(2)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, § 165(b) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137; Apr. 2, 1987, Pub. L. 100–17, §§ 133(a)(6), 337(a)(1), (b), (c), 101 Stat. 171, 241.
5323(j)(3)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, § 165(c) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137.
5323(j)(4)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 165(g) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, § 1048(b), 105 Stat. 2000.
5323(j)(5)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 165(f) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, § 1048(b), 105 Stat. 1999.
5323(j)(6)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, § 165(d) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137.
5323(j)(7)23:101 (note).Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 165(e) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, § 1048(b), 105 Stat. 1999.
5323(k)49 App.:1607(q).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(q); added Oct. 6, 1992, Pub. L. 102–388, § 502(i), 106 Stat. 1566.

In subsection (a)(1), before clause (A), the words “directly or indirectly”, “any facilities or other”, “reconstructing”, and “for the purpose of providing by contract or otherwise” are omitted as surplus. In clause (C), the words “and adequate”, “acquisition of”, and “applicable” are omitted as surplus. In clause (D), the words “the requirements of” are omitted as surplus.
In subsection (a)(2), the words “may not use” are substituted for “None of the provisions of this chapter shall be construed to authorize” to eliminate unnecessary words. The words “the purpose of financing” are omitted as surplus.
In subsections (b)(1), (c), and (e), the words “except section 5307” are added for clarity because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
In subsection (b)(1), before clause (A), the word “reconstruction” is omitted as surplus. In clause (B), the words “in the matter” are omitted as surplus. In clause (C), the word “environmental” is substituted for “and its impact on the environment” to eliminate unnecessary words. In clause (D), the word “comprehensive” is omitted as surplus.
In subsection (b)(2), the word “description” is substituted for “statement” for clarity.
In subsections (d)–(f) and (h), the word “Federal” is omitted as surplus.
In subsections (d) and (f), the word “provide” is substituted for “engage in”, and the word “transportation” is substituted for “operations”, for consistency.
In subsection (d)(1), the words “with the Secretary”, “and equitable”, and “publicly and privately owned” are omitted as surplus.
In subsection (d)(2), the words “alleged”, “take appropriate action to”, “and conditions”, and “for mass transportation facilities and equipment” are omitted as surplus.
In subsection (e), the words “This subsection shall apply to” and “which is acquiring such buses” are omitted as surplus. The words “occurring on or after November 6, 1978” are omitted as executed. The words “In the case of” are omitted as surplus. The words “may include” are substituted for “the Secretary shall permit . . . to provide in advertising for bids for” to eliminate unnecessary words.
In subsection (f)(1), before clause (A), the words “for use in providing public”, “to any applicant for such assistance”, and “and the Secretary” are omitted as surplus. The word “agrees” is substituted for “shall have first entered into an agreement that such applicant” to eliminate unnecessary words. In clause (A), the words “with respect to operation of a schoolbus program” are omitted as surplus.
Subsection (g) is substituted for 49 App.:1602a to eliminate unnecessary words.
In subsection (j), the word “goods” is substituted for “products” for consistency.
In subsection (j)(1), the words “Notwithstanding any other provision of law” are omitted as surplus.
In subsection (j)(2), before clause (A), the words “The Secretary of Transportation may waive” are substituted for “shall not apply” for clarity. In clause (B), the words “steel, iron, and goods” are substituted for “materials and products” for consistency. In clause (C), before subclause (i), the words “bus and other” are omitted as surplus. In subclauses (i) and (ii), the words “rolling stock” are substituted for “vehicle or equipment” for consistency. In clause (D), the word “contract” is omitted as surplus.
In subsection (j)(4), before clause (A), the words “The Secretary of Transportation may not make a waiver under” are substituted for “shall not apply” for clarity. The words “government of a foreign country” are substituted for “foreign country”, and the word “Government” is added, for consistency in the revised title and with other titles of the United States Code.
In subsection (j)(5), before clause (A), the words “the debarment, suspension, and ineligibility procedures in” are omitted as surplus. The words “department, agency, or instrumentality of the Government” are substituted for “Federal agency” for consistency in the revised title and with other titles of the Code. In clause (A), the word “produced” is substituted for “made” for consistency.
In subsection (k), the word “statewide” is omitted as surplus.

Pub. L. 103–429, § 6(10)(A)This makes a clarifying amendment to the catchline for 49:5323(j).

Pub. L. 103–429, § 6(10)(B)

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5323(l)49 App.:1608(j).July 9, 1964, Pub. L. 88–365, § 12(j), as added Apr. 2, 1987, Pub. L. 100–17, § 319, 101 Stat. 234.

The word “review” is substituted for “audit” for clarity. The words “buses and other” are omitted as surplus.

Pub. L. 104–287This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.

References in TextThe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (i)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (i)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (j)(3)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The Federal Public Transportation Act of 2015, referred to in subsec. (j)(8), is title III of div. A of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
The date of enactment of this subsection, referred to in subsec. (u)(1), (5), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.

Amendments2019—Subsecs. (u), (v). Pub. L. 116–92 added subsecs. (u) and (v).
2015—Subsec. (h)(2), (3). Pub. L. 114–94, § 3011(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (j)(2)(C). Pub. L. 114–94, § 3011(2)(A), added subpar. (C) and struck out former subpar. (C), which read as follows: “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”.
Subsec. (j)(5) to (11). Pub. L. 114–94, § 3011(2)(B)–(D), added pars. (5) and (6), redesignated former pars. (5) to (9) as pars. (7) to (11), respectively, and in par. (8), substituted “Federal Public Transportation Act of 2015” for “Federal Public Transportation Act of 2012”.
Subsec. (j)(12), (13). Pub. L. 114–94, § 3011(2)(E), added pars. (12) and (13).
Subsec. (q)(1). Pub. L. 114–94, § 3011(3), struck out at end “The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate.”
Subsecs. (s), (t). Pub. L. 114–94, § 3011(4), added subsecs. (s) and (t).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to general provisions on assistance.
2008—Subsec. (n). Pub. L. 110–244 substituted “section 5336(d)(2)” for “section 5336(e)(2)”.
2005—Subsec. (a)(1). Pub. L. 109–59, § 3023(a)(1), inserted heading and text of par. (1) and struck out former par. (1) which authorized use of financial assistance provided under this chapter for certain purposes only if the Secretary finds the assistance is essential to a program of projects required under sections 5303–5306 of this title, the Secretary finds that the program, to the maximum extent feasible, provides for the participation of private companies, just compensation will be paid to the company for its franchise or property, and the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title.
Subsec. (a)(2). Pub. L. 109–59, § 3023(a)(2), inserted heading.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b). Pub. L. 109–59, § 3023(b), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions relating to general requirements, notice, and application requirements, consisting of pars. (1) to (3), for provisions relating to application requirements and notice, consisting of pars. (1) and (2).
Subsec. (c). Pub. L. 109–59, § 3023(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Amounts appropriated or made available under this chapter 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.”
Subsec. (d)(1). Pub. L. 109–59, § 3023(d)(1), inserted heading.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (d)(2). Pub. L. 109–59, § 3023(d)(2), inserted heading and text of par. (2) and struck out former par. (2) which read as follows: “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 agreement.”
Subsec. (e). Pub. L. 109–59, § 3023(e), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The initial advertising by a State or local governmental authority for bids to acquire buses using financial assistance under this chapter may include passenger seat functional specifications 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.”
Subsec. (f). Pub. L. 109–59, § 3023(f), in par. (1) inserted heading and realigned margins, added par. (2), and struck out former par. (2) which read as follows: “An applicant violating an agreement under this subsection may not receive other financial assistance under this chapter.”
Subsec. (f)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places in introductory provisions.
Subsec. (g). Pub. L. 109–59, § 3023(g), substituted “133 and 142” for “103(e)(4) and 142(a) or (c)” in two places.
Subsec. (i). Pub. L. 109–59, § 3023(h), substituted “Government’s” for “Government” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, inserted “or facilities” after “equipment” wherever appearing, and added par. (2).
Subsec. (j)(3) to (5). Pub. L. 109–59, § 3023(i)(1), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Subsec. (j)(6). Pub. L. 109–59, § 3023(i)(1)(A), (2), redesignated par. (5) as (6) and substituted “Federal Public Transportation Act of 2005” for “Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914)” in introductory provisions. Former par. (6) redesignated (7).
Subsec. (j)(7), (8). Pub. L. 109–59, § 3023(i)(1)(A), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (j)(9). Pub. L. 109–59, § 3023(i)(3), added par. (9).
Subsec. (l). Pub. L. 109–59, § 3023(j), amended heading and text of subsec. (l) generally. Prior to amendment, text read as follows: “The planning and programming requirements of section 135 of title 23 apply to a grant made under sections 5307–5311 of this title.”
Subsec. (m). Pub. L. 109–59, § 3023(k), inserted at end “Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.”
Subsec. (o). Pub. L. 109–59, § 3023(l), substituted “chapter 6 (other than section 609) of title 23” for “the Transportation Infrastructure Finance and Innovation Act of 1998”.
Subsec. (p). Pub. L. 109–59, § 3023(m), added subsec. (p).
1998—Subsec. (d). Pub. L. 105–178, § 3020(a), substituted “Condition on Charter Bus Transportation Service” for “Buying and Operating Buses” in heading.
Subsec. (i). Pub. L. 105–178, § 3020(c), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “A Government grant for a project to be assisted under this chapter 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.”
Subsec. (j)(7). Pub. L. 105–178, § 3020(b), inserted heading and amended text of par. (7) generally. Prior to amendment, text read as follows: “Not later than January 1, 1995, the Secretary of Transportation 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.”
Subsecs. (k) to (m). Pub. L. 105–178, § 3020(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.
Subsec. (n). Pub. L. 105–178, § 3020(e), added subsec. (n).
Subsec. (o). Pub. L. 105–178, § 3020(f), added subsec. (o).
1996—Subsecs. (b)(1), (c), (e). Pub. L. 104–287 struck out “(except section 5307)” after “under this chapter”.
1994—Subsec. (j). Pub. L. 103–429, § 6(10)(A), substituted “America” for “American” in heading.
Subsec. (l). Pub. L. 103–429, § 6(10)(B), added subsec. (l).

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

RulemakingPub. L. 109–59, title III, § 3023(i)(5), Aug. 10, 2005, 119 Stat. 1618, required the Secretary of Transportation to issue a final rule on implementation of the Buy America requirements of former subsec. (j) of this section no later than 180 days after Aug. 10, 2005.

Final Assembly of BusesPub. L. 105–178, title III, § 3035, June 9, 1998, 112 Stat. 387, required certain buses manufactured after Sept. 1, 1999, to conform with the Federal Transit Administration Guidance on Buy America Requirements, dated March 18, 1997.

§ 5324. Public transportation emergency relief program(a) Definition.—In this section the following definitions shall apply:(1) Eligible operating costs.—The term “eligible operating costs” means costs relating to—(A) evacuation services;

(B) rescue operations;

(C) temporary public transportation service; or

(D) reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency.

(2) Emergency.—The term “emergency” means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which—(A) the Governor of a State has declared an emergency and the Secretary has concurred; or

(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

(b) General Authority.—The Secretary may make grants and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) for—(1) capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and

(2) eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during—(A) the 1-year period beginning on the date of a declaration described in subsection (a)(2); or

(B) if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).

(c) Coordination of Emergency Funds.—(1) Use of funds.—Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.

(2) No effect on other government activity.—The provision of funds under this section shall not affect the ability of any other agency of the Government, including the Federal Emergency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law.

(3) Notification.—The Secretary shall notify the Secretary of Homeland Security of the purpose and amount of any grant made or contract or other agreement entered into under this section.

(d) Grant Requirements.—A grant awarded under this section or under section 5307 or 5311 that is made to address an emergency defined under subsection (a)(2) shall be—(1) subject to the terms and conditions the Secretary determines are necessary; and

(2) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(e) Government Share of Costs.—(1) Capital projects and operating assistance.—A grant, contract, or other agreement for a capital project or eligible operating costs under this section shall be, at the option of the recipient, for not more than 80 percent of the net project cost, as determined by the Secretary.

(2) Non-federal share.—The remainder of the net project cost may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(3) Waiver.—The Secretary may waive, in whole or part, the non-Federal share required under—(A) paragraph (2); or

(B) section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 824; Pub. L. 109–59, title III, § 3024(a), Aug. 10, 2005, 119 Stat. 1619; Pub. L. 112–141, div. B, § 20017(a), July 6, 2012, 126 Stat. 703.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5324(a)49 App.:1606(a).July 9, 1964, Pub. L. 88–365, § 7(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25.
5324(b)(1)49 App.:1610(a) (last sentence).July 9, 1964, Pub. L. 88–365, § 14(a) (last sentence)–(c), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, § 6, 84 Stat. 966.
5324(b)(2)49 App.:1610(b).
5324(b)(3)49 App.:1610(c).
5324(c)49 App.:1608(d).July 9, 1964, Pub. L. 88–365, § 12(d), 78 Stat. 307; Aug. 10, 1965, Pub. L. 89–117, § 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, § 308(c), 92 Stat. 2747.

In subsection (a), before clause (1), the word “provided” is substituted for “extended” for clarity. The words “to any project” are omitted as surplus. In clause (2), the words “available . . . displaced” are omitted as surplus.
In subsection (b)(1), the words “Health and Human Services” are substituted for “Health, Education, and Welfare” in section 14(a) (last sentence) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 308) [subsequently changed to the Federal Transit Act by section 3003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)] because of 20:3508(b).
In subsection (b)(2), before clause (A), the words “In carrying out section 5306 of this title” are added for clarity and consistency with subsections (b)(3) and (c) of this section. The word “detailed” is omitted as surplus. In clause (B), the words “should the proposal be implemented” are omitted as surplus. In clause (D), the words “which may be involved in the proposed project should it be implemented” are omitted as surplus.
In subsection (b)(3)(A), before clause (i), the word “financial” is added for clarity. The words “full and complete” are omitted as surplus. In clause (ii), the word “fair” is omitted as surplus. In clause (iii), the word “either” is omitted as surplus.
In subsection (b)(3)(B), the words “before the State or local agency pursuant to section 1602(d) of this Appendix” and “before the State or local public agency . . . to permit him” are omitted as surplus.
In subsection (c), the words “The Secretary of Transportation may not” are substituted for “None of the provisions of this chapter shall be construed to authorize the Secretary to” to eliminate unnecessary words. The words “in any manner . . . mode of” and “rates, fares, tolls, rentals, or other . . . fixed or prescribed . . . by any local public or private transit agency” are omitted as surplus. The words “However, the Secretary may” are substituted for “but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to” to eliminate unnecessary words. The words “local governmental authority, corporation, or association” are substituted for “agency or agencies” for consistency with sections 5309 and 5310 of the revised title.

References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to special provisions for capital projects.
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirements of a relocation program for families displaced by a project, consideration of economic, social, and environmental interests, and prohibition against regulating the operation of a mass transportation system for which a grant is made under section 5309 and regulating any charge for the system after a grant is made.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Memorandum of AgreementPub. L. 112–141, div. B, § 20017(b), July 6, 2012, 126 Stat. 705, provided that:
“(1) Purposes.—The purposes of this subsection are—“(A) to improve coordination between the Department of Transportation and the Department of Homeland Security; and

“(B) to expedite the provision of Federal assistance for public transportation systems for activities relating to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this subsection as a ‘major disaster or emergency’).

“(2) Agreement.—Not later than 180 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary of Transportation and the Secretary of Homeland Security shall enter into a memorandum of agreement to coordinate the roles and responsibilities of the Department of Transportation and the Department of Homeland Security in providing assistance for public transportation, including the provision of public transportation services and the repair and restoration of public transportation systems in areas for which the President has declared a major disaster or emergency.

“(3) Contents of agreement.—The memorandum of agreement required under paragraph (2) shall—“(A) provide for improved coordination and expeditious use of public transportation, as appropriate, in response to and recovery from a major disaster or emergency;

“(B) establish procedures to address—“(i) issues that have contributed to delays in the reimbursement of eligible transportation-related expenses relating to a major disaster or emergency;

“(ii) any challenges identified in the review under paragraph (4); and

“(iii) the coordination of assistance for public transportation provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] and section 5324 of title 49, United States Code, as amended by this Act, as appropriate; and

“(C) provide for the development and distribution of clear guidelines for State, local, and tribal governments, including public transportation systems, relating to—“(i) assistance available for public transportation systems for activities relating to a major disaster or emergency—“(I) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;

“(II) under section 5324 of title 49, United States Code, as amended by this Act; and

“(III) from other sources, including other Federal agencies; and

“(ii) reimbursement procedures that speed the process of—“(I) applying for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act; and

“(II) distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act.

“(4) After action review.—Before entering into a memorandum of agreement under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Security (acting through the Administrator of the Federal Emergency Management Agency), in consultation with State, local, and tribal governments (including public transportation systems) that have experienced a major disaster or emergency, shall review after action reports relating to major disasters, emergencies, and exercises, to identify areas where coordination between the Department of Transportation and the Department of Homeland Security and the provision of public transportation services should be improved.

“(5) Factors for declarations of major disasters and emergencies.—The Administrator of the Federal Emergency Management Agency shall make available to State, local, and tribal governments, including public transportation systems, a description of the factors that the President considers in declaring a major disaster or emergency, including any pre-disaster emergency declaration policies.

“(6) Briefings.—“(A) Initial briefing.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the memorandum of agreement required under paragraph (2).

“(B) Quarterly briefings.—Each quarter of the 1-year period beginning on the date on which the Secretary of Transportation and the Secretary of Homeland Security enter into the memorandum of agreement required under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the implementation of the memorandum of agreement.”

§ 5325. Contract requirements(a) Competition.—Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary.

(b) Architectural, Engineering, and Design Contracts.—(1) Procedures for awarding contract.—A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State adopted before August 10, 2005.

(2) Additional requirements.—When awarding a contract described in paragraph (1), recipients of assistance under this chapter shall comply with the following requirements:(A) Performance of audits.—Any contract or subcontract awarded under this chapter shall be performed and audited in compliance with cost principles contained in part 31 of the Federal Acquisition Regulation, or any successor thereto.

(B) Indirect cost rates.—A recipient of funds under a contract or subcontract awarded under this chapter shall accept indirect cost rates established in accordance with the Federal Acquisition Regulation for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute.

(C) Application of rates.—After a firm’s indirect cost rates are accepted under subparagraph (B), the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment, and shall not be limited by administrative or de facto ceilings.

(D) Prenotification; confidentiality of data.—A recipient requesting or using the cost and rate data described in subparagraph (C) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided by the group of agencies sharing cost data under this subparagraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.

(c) Efficient Procurement.—A recipient may award a procurement contract under this chapter to other than the lowest bidder if the award furthers an objective consistent with the purposes of this chapter, including improved long-term operating efficiency and lower long-term costs.

(d) Design-Build Projects.—(1) Term defined.—In this subsection, the term “design-build project”—(A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and

(B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment.

(2) Financial assistance for capital costs.—Federal financial assistance under this chapter may be provided for the capital costs of a design-build project after the recipient complies with Government requirements.

(e) Multiyear Rolling Stock.—(1) Contracts.—A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for—(A) not more than 5 years after the date of the original contract for bus procurements; and

(B) not more than 7 years after the date of the original contract for rail procurements, provided that such option does not allow for significant changes or alterations to the rolling stock.

(2) Cooperation among recipients.—The Secretary shall allow recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other Government procurement requirements.

(f) Acquiring Rolling Stock.—A recipient of financial assistance under this chapter may enter into 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.

(g) Examination of Records.—Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access to and the right to examine and inspect all records, documents, and papers, including contracts, related to a project for which a grant is made under this chapter.

(h) Grant Prohibition.—A grant awarded under this chapter or the Federal Public Transportation Act of 2015 may not be used to support a procurement that uses an exclusionary or discriminatory specification.

(i) Bus Dealer Requirements.—No State law requiring buses to be purchased through in-State dealers shall apply to vehicles purchased with a grant under this chapter.

(j) Awards to Responsible Contractors.—(1) In general.—Federal financial assistance under this chapter may be provided for contracts only if a recipient awards such contracts to responsible contractors possessing the ability to successfully perform under the terms and conditions of a proposed procurement.

(2) Criteria.—Before making an award to a contractor under paragraph (1), a recipient shall consider—(A) the integrity of the contractor;

(B) the contractor’s compliance with public policy;

(C) the contractor’s past performance; and

(D) the contractor’s financial and technical resources.

(k) Veterans Employment.—Recipients and subrecipients of Federal financial assistance under this chapter shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 825; Pub. L. 104–287, § 5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3022, June 9, 1998, 112 Stat. 363; Pub. L. 105–206, title IX, § 9009(n), July 22, 1998, 112 Stat. 857; Pub. L. 107–217, § 3(n)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, § 3025(a), Aug. 10, 2005, 119 Stat. 1620; Pub. L. 110–244, title II, § 201(k), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §§ 20018, 20030(d), July 6, 2012, 126 Stat. 706, 730; Pub. L. 114–94, div. A, title III, § 3030(e), Dec. 4, 2015, 129 Stat. 1497.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5325(a)49 App.:1608(b)(1).July 9, 1964, Pub. L. 88–365, § 12(b)(1), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, § 308(a)(1), 92 Stat. 2745.
5325(b)49 App.:1608(b)(2).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(b)(2); added Nov. 6, 1978, Pub. L. 95–599, § 308(a)(2), 92 Stat. 2745; restated Jan. 6, 1983, Pub. L. 97–424, § 308, 96 Stat. 2151.
5325(c)49 App.:1608(b)(3).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(b)(3); added Apr. 2, 1987, Pub. L. 100–17, § 315(a), 101 Stat. 232.
5325(d)49 App.:1608(b)(4).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(b)(4); added Apr. 2, 1987, Pub. L. 100–17, § 316, 101 Stat. 232.

In subsection (a), the words “reconstruction”, “in furtherance of the purposes”, “by applicants”, “procedures as defined by the Secretary”, “of the contracting parties”, and “the operations or activities under” are omitted as surplus. The words “shall be made available to” are substituted for “shall . . . have access to”, and the words “an officer or employee of the Secretary or Comptroller General” are substituted for “any of their duly authorized representatives”, for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for 49 App.:1608(b)(2) for clarity. The text of 49 App.:1608(b)(2) (last sentence) is omitted as executed.

Pub. L. 104–287This amends the catchline for 49:5325(d) to make a clarifying amendment.

References in TextThe Federal Public Transportation Act of 2015, referred to in subsec. (h), is title III of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.

Amendments2015—Subsec. (e)(2). Pub. L. 114–94, § 3030(e)(1), struck out “at least two” after “allow”.
Subsec. (h). Pub. L. 114–94, § 3030(e)(2), substituted “Federal Public Transportation Act of 2015” for “Federal Public Transportation Act of 2012”.
2012—Subsec. (b)(2)(A). Pub. L. 112–141, § 20030(d), substituted “the Federal Acquisition Regulation, or any successor thereto” for “title 48, Code of Federal Regulations (commonly known as the Federal Acquisition Regulation)”.
Subsec. (e)(1). Pub. L. 112–141, § 20018(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years after the date of the original contract.”
Subsec. (h). Pub. L. 112–141, § 20018(2), substituted “Federal Public Transportation Act of 2012” for “Federal Public Transportation Act of 2005”.
Subsec. (j)(2)(C). Pub. L. 112–141, § 20018(3), struck out “, including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)” after “past performance”.
Subsec. (k). Pub. L. 112–141, § 20018(4), added subsec. (k).
2008—Subsec. (b)(1). Pub. L. 110–244, § 201(k)(1), inserted “adopted before August 10, 2005” before period at end.
Subsec. (b)(2), (3). Pub. L. 110–244, § 201(k)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Text read as follows: “Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services.”
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
2002—Subsec. (b). Pub. L. 107–217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”.
1998—Subsec. (b). Pub. L. 105–178, § 3022(b), as added by Pub. L. 105–206, inserted “or requirement” after “A contract” and “When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code.” before “This subsection does not apply”.
Pub. L. 105–178, § 3022(a)(1), (2), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “A recipient of financial assistance 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.”
Subsec. (c). Pub. L. 105–178, § 3022(a)(1), (3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “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 Secretary 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.”
Subsec. (d). Pub. L. 105–178, § 3022(a)(2), redesignated subsec. (d) as (b).
1996—Subsec. (d). Pub. L. 104–287 substituted “Architectural, Engineering, and Design Contracts” for “Management, Architectural, and Engineering Contracts” in heading.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Innovative ProcurementPub. L. 114–94, div. A, title III, § 3019, Dec. 4, 2015, 129 Stat. 1488, provided that:
“(a) Definition.—In this section, the term ‘grantee’ means a recipient or subrecipient of assistance under chapter 53 of title 49, United States Code.

“(b) Cooperative Procurement.—“(1) Definitions; general rules.—“(A) Definitions.—In this subsection—“(i) the term ‘cooperative procurement contract’ means a contract—     “(I) entered into between a State government or eligible nonprofit entity and 1 or more vendors; and

     “(II) under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;

“(ii) the term ‘eligible nonprofit entity’ means—     “(I) a nonprofit cooperative purchasing organization that is not a grantee; or

     “(II) a consortium of entities described in subclause (I);

“(iii) the terms ‘lead nonprofit entity’ and ‘lead procurement agency’ mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;

“(iv) the term ‘participant’ means a grantee that participates in a cooperative procurement contract; and

“(v) the term ‘participate’ means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter 53 of title 49, United States Code.

“(B) General rules.—“(i) Procurement not limited to intrastate participants.—A grantee may participate in a cooperative procurement contract without regard to whether the grantee is located in the same State as the parties to the contract.

“(ii) Voluntary participation.—Participation by grantees in a cooperative procurement contract shall be voluntary.

“(iii) Contract terms.—The lead procurement agency or lead nonprofit entity for a cooperative procurement contract shall develop the terms of the contract.

“(iv) Duration.—A cooperative procurement contract—     “(I) subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;

     “(II) may include not more than 3 optional extensions for terms of not more than 1 year each; and

     “(III) may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).

“(v) Administrative expenses.—A lead procurement agency or lead nonprofit entity, as applicable, that enters into a cooperative procurement contract—     “(I) may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and

     “(II) with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.

“(2) State cooperative procurement schedules.—“(A) Authority.—A State government may enter into a cooperative procurement contract with 1 or more vendors if—“(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and

“(ii) the State government acts throughout the term of the contract as the lead procurement agency.

“(B) Applicability of policies and procedures.—In procuring rolling stock and related equipment under a cooperative procurement contract under this subsection, a State government shall comply with the policies and procedures that apply to procurement by the State government when using non-Federal funds, to the extent that the policies and procedures are in conformance with applicable Federal law.

“(3) Pilot program for nonprofit cooperative procurements.—“(A) Establishment.—The Secretary [of Transportation] shall establish and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by eligible nonprofit entities.

“(B) Designation.—In carrying out the program under this paragraph, the Secretary shall designate not less than 3 eligible nonprofit entities to enter into a cooperative procurement contract under which the eligible nonprofit entity acts throughout the term of the contract as the lead nonprofit entity.

“(C) Notice of intent to participate.—At a time determined appropriate by the lead nonprofit entity, each participant in a cooperative procurement contract under this paragraph shall submit to the lead nonprofit entity a nonbinding notice of intent to participate.

“(4) Joint procurement clearinghouse.—“(A) In general.—The Secretary shall establish a clearinghouse for the purpose of allowing grantees to aggregate planned rolling stock purchases and identify joint procurement participants.

“(B) Nonprofit consultation.—In establishing the clearinghouse under subparagraph (A), the Secretary may consult with nonprofit entities with expertise in public transportation or procurement, and other stakeholders as the Secretary determines appropriate.

“(C) Information on procurements.—The clearinghouse may include information on bus size, engine type, floor type, and any other attributes necessary to identify joint procurement participants.

“(D) Limitations.—“(i) Access.—The clearinghouse shall only be accessible to the Federal Transit Administration, a nonprofit entity coordinating for such clearinghouse with the Secretary, and grantees.

“(ii) Participation.—No grantee shall be required to submit procurement information to the database.

“(c) Leasing Arrangements.—“(1) Capital lease defined.—“(A) In general.—In this subsection, the term ‘capital lease’ means any agreement under which a grantee acquires the right to use rolling stock or related equipment for a specified period of time, in exchange for a periodic payment.

“(B) Maintenance.—A capital lease may require that the lessor provide maintenance of the rolling stock or related equipment covered by the lease.

“(2) Program to support innovative leasing arrangements.—“(A) Authority.—A grantee may use assistance provided under chapter 53 of title 49, United States Code, to enter into a capital lease if—“(i) the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and

“(ii) there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.

“(B) Grantee requirements.—A grantee that enters into a capital lease shall—“(i) maintain an inventory of the rolling stock or related equipment acquired under the lease; and

“(ii) maintain on the accounting records of the grantee the liability of the grantee under the lease.

“(C) Eligible lease costs.—The costs for which a grantee may use assistance under chapter 53 of title 49, United States Code, with respect to a capital lease, include—“(i) the cost of the rolling stock or related equipment;

“(ii) associated financing costs, including interest, legal fees, and financial advisor fees;

“(iii) ancillary costs such as delivery and installation charges; and

“(iv) maintenance costs.

“(D) Terms.—A grantee shall negotiate the terms of any lease agreement that the grantee enters into.

“(E) Applicability of procurement requirements.—“(i) Lease requirements.—Part 639 of title 49, Code of Federal Regulations, or any successor regulation, and implementing guidance applicable to leasing shall not apply to a capital lease.

“(ii) Buy america.—The requirements under section 5323(j) of title 49, United States Code, shall apply to a capital lease.

“(3) Capital leasing of certain zero emission vehicle components.—“(A) Definitions.—In this paragraph—“(i) the term ‘removable power source’—     “(I) means a power source that is separately installed in, and removable from, a zero emission vehicle; and

     “(II) may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and

“(ii) the term ‘zero emission vehicle’ has the meaning given the term in section 5339(c) of title 49, United States Code.

“(B) Leased power sources.—Notwithstanding any other provision of law, for purposes of this subsection, the cost of a removable power source that is necessary for the operation of a zero emission vehicle shall not be treated as part of the cost of the vehicle if the removable power source is acquired using a capital lease.

“(C) Eligible capital lease.—A grantee may acquire a removable power source by itself through a capital lease.

“(D) Procurement regulations.—For purposes of this section, a removable power source shall be subject to section 200.88 of title 2, Code of Federal Regulations.

“(4) Reporting requirement.—Not later than 3 years after the date on which a grantee enters into a capital lease under this subsection, the grantee shall submit to the Secretary a report that contains—“(A) an evaluation of the overall costs and benefits of leasing rolling stock; and

“(B) a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock.

“(5) Report.—The Secretary shall make publicly available an annual report on this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under this subsection, and evaluation of the program including the evaluation of the data reported in paragraph (4).

“(d) Buy America.—The requirements of section 5323(j) of title 49, United States Code, shall apply to all procurements under this section.”

§ 5326. Transit asset management(a) Definitions.—In this section the following definitions shall apply:(1) Capital asset.—The term “capital asset” includes equipment, rolling stock, infrastructure, and facilities for use in public transportation and owned or leased by a recipient or subrecipient of Federal financial assistance under this chapter.

(2) Transit asset management plan.—The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and

(B) the recipient certifies complies with the rule issued under this section.

(3) Transit asset management system.—The term “transit asset management system” means a strategic and systematic process of operating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets.

(b) Transit Asset Management System.—The Secretary shall establish and implement a national transit asset management system, which shall include—(1) a definition of the term “state of good repair” that includes objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities;

(2) a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;

(3) a requirement that each designated recipient of Federal financial assistance under this chapter report on the condition of the system of the recipient and provide a description of any change in condition since the last report;

(4) an analytical process or decision support tool for use by public transportation systems that—(A) allows for the estimation of capital investment needs of such systems over time; and

(B) assists with asset investment prioritization by such systems; and

(5) technical assistance to recipients of Federal financial assistance under this chapter.

(c) Performance Measures and Targets.—(1) In general.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to establish performance measures based on the state of good repair standards established under subsection (b)(1).

(2) Targets.—Not later than 3 months after the date on which the Secretary issues a final rule under paragraph (1), and each fiscal year thereafter, each recipient of Federal financial assistance under this chapter shall establish performance targets in relation to the performance measures established by the Secretary.

(3) Reports.—Each designated recipient of Federal financial assistance under this chapter shall submit to the Secretary an annual report that describes—(A) the progress of the recipient during the fiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and

(B) the performance targets established by the recipient for the subsequent fiscal year.

(d) Rulemaking.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to implement the transit asset management system described in subsection (b).

(Added Pub. L. 112–141, div. B, § 20019, July 6, 2012, 126 Stat. 707.)

References in TextThe date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(1) and (d), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Codification
Pub. L. 112–141, div. B, § 20019, July 6, 2012, 126 Stat. 707, which directed that section 5326 of this title be amended generally, was executed by adding a new section 5326 to reflect the probable intent of Congress. A prior section 5326 was repealed by Pub. L. 109–59, title III, § 3025(b), Aug. 10, 2005, 119 Stat. 1622.

Prior ProvisionsA prior section 5326, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, § 6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, § 3023(a), (b), June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items, prior to repeal by Pub. L. 109–59, title III, § 3025(b), Aug. 10, 2005, 119 Stat. 1622.

Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5327. Project management oversight(a) Project Management Plan Requirements.—To receive Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan. The plan shall provide for—(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;

(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments 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 staffing levels required throughout the construction phase;

(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;

(8) material testing policies and procedures;

(9) internal plan implementation and reporting requirements;

(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 estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts;

(12) the recipient’s commitment to submit a project budget and project schedule to the Secretary quarterly; and

(13) safety and security management.

(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) Access to Sites and Records.—Each recipient of Federal financial assistance for public transportation under this chapter or any other provision of Federal law shall provide the Secretary and a contractor the Secretary chooses under section 5338(f) with access to the construction sites and records of the recipient when reasonably necessary.

(d) Regulations.—The Secretary shall prescribe regulations necessary to carry out this section. The regulations shall include—(1) a definition of “major capital project” for section 5338(f) that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle;

(2) a requirement that oversight—(A) begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and

(B) be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has failed to meet the requirements of such plan and the project may be at risk of going over budget or becoming behind schedule; and

(3) a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, § 6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, § 5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3024, June 9, 1998, 112 Stat. 364; Pub. L. 109–59, title III, § 3026, Aug. 10, 2005, 119 Stat. 1622; Pub. L. 112–141, div. B, § 20020, July 6, 2012, 126 Stat. 708; Pub. L. 114–94, div. A, title III, § 3012, Dec. 4, 2015, 129 Stat. 1475.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5327(a)49 App.:1619(d), (e).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 23(b)–(g); added Apr. 2, 1987, Pub. L. 100–17, § 324, 101 Stat. 236.
5327(b)49 App.:1619(g).
5327(c)(1)49 App.:1619(a).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 23(a); added Apr. 2, 1987, Pub. L. 100–17, § 324, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, § 3027, 105 Stat. 2115.
5327(c)(2)49 App.:1619(h).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 23(h); added Nov. 21, 1989, Pub. L. 101–164, § 340, 103 Stat. 1099.
5327(c)(3)49 App.:1619(b).
5327(d)49 App.:1619(c).
5327(e)49 App.:1619(f).

In subsection (a), before clause (1), the words “as required in each case by the Secretary” are omitted as surplus. In clause (11), the words “such items as” and “where applicable” are omitted as surplus.
In subsection (c)(1), the words “Beginning October 1, 1987” are omitted as executed. The words “with any person” are omitted as surplus.
In subsection (c)(2), the words “In addition to the purposes provided for under subsection (a) of this section” and “with any person” are omitted as surplus. The cross-reference to paragraph (1) is not changed. The cross-reference in 49 App.:1619(h), the source provision being restated in this subsection, is no longer correct, but is apparently still meant to apply to funds made available under 49 App.:1619(a).
In subsection (e), before clause (1), the text of 49 App.:1619(f) (2d sentence) is omitted as executed. In clause (1), The words “vehicles or other” and “the performance of” are omitted as surplus.

Pub. L. 103–429This amends 49:5327(c)(1) to correct an erroneous cross-reference.

Pub. L. 104–287This amends 49:5327(c) to correct an erroneous cross-reference.

Amendments2015—Subsec. (c). Pub. L. 114–94, § 3012(1), which directed substitution of section “5338(f)” for “section 5338(i)”, was executed by substituting “section 5338(f)” for “section 5338(i)”, to reflect the probable intent of Congress.
Subsec. (d)(1). Pub. L. 114–94, § 3012(2)(A)(i), which directed substitution of section 5338(f) for “section 5338(i)” without placing quotation marks around the language to be substituted, was executed by substituting “section 5338(f)” for “section 5338(i)”, to reflect the probable intent of Congress.
Subsec. (d)(2), (3). Pub. L. 114–94, § 3012(2)(A)(ii), (B), added pars. (2) and (3) and struck out former par. (2), which read as follows: “a requirement that oversight begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight.”
2012—Subsec. (a). Pub. L. 112–141, § 20020(1)(A), in introductory provisions, substituted “Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan” for “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”.
Subsec. (a)(12). Pub. L. 112–141, § 20020(1)(B), substituted “quarterly” for “each month”.
Subsec. (c). Pub. L. 112–141, § 20020(2), (3), added subsec. (c) and struck out former subsec. (c) which related to limitations.
Subsec. (d). Pub. L. 112–141, § 20020(2), (4), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to access to sites and records.
Subsec. (d)(1). Pub. L. 112–141, § 20020(5)(A), substituted “section 5338(i)” for “subsection (c) of this section”.
Subsec. (d)(2). Pub. L. 112–141, § 20020(5)(B), substituted “project development phase” for “preliminary engineering stage” and “another phase” for “another stage”.
Subsec. (e). Pub. L. 112–141, § 20020(4), redesignated subsec. (e) as (d).
Subsec. (f). Pub. L. 112–141, § 20020(2), struck out subsec. (f). Text read as follows: “A recipient of financial assistance for a project under this chapter with an estimated total cost of $1,000,000,000 or more shall submit to the Secretary an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project.”
2005—Subsec. (a)(13). Pub. L. 109–59, § 3026(a), added par. (13).
Subsec. (c). Pub. L. 109–59, § 3026(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) specified limitations on use of available amounts for certain purposes.
1998—Subsec. (c)(2). Pub. L. 105–178, § 3024(a), substituted “enter into contracts” for “make contracts” and inserted “and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section” before period at end of first sentence.
Subsec. (f). Pub. L. 105–178, § 3024(b), added subsec. (f).
1996—Subsec. (c)(1). Pub. L. 104–287 substituted “to carry out a major project under section 5309” for “to carry out a major project under section 5307”.
1994—Subsec. (c)(1). Pub. L. 103–429 substituted “section 5307, 5309, 5311, or 103(e)(4) or that Act” for “section 5307, 5309, 5311, or 103(e)(4) of that Act”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Financing of Oversight ActivitiesPub. L. 107–87, title III, § 319, Dec. 18, 2001, 115 Stat. 858, provided that: “Beginning in fiscal year 2002 and thereafter, the Secretary may use up to 1 percent of the amounts made available to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C. 5327.”

[§ 5328. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104–205, title III, § 336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, § 3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, § 9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 109–59, title III, § 3027, Aug. 10, 2005, 119 Stat. 1623, related to project review and advancement by the Secretary.

Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5329. Public transportation safety program(a) Definition.—In this section, the term “recipient” means a State or local governmental authority, or any other operator of a public transportation system, that receives financial assistance under this chapter.

(b) National Public Transportation Safety Plan.—(1) In general.—The Secretary shall create and implement a national public transportation safety plan to improve the safety of all public transportation systems that receive funding under this chapter.

(2) Contents of plan.—The national public transportation safety plan under paragraph (1) shall include—(A) safety performance criteria for all modes of public transportation;

(B) the definition of the term “state of good repair” established under section 5326(b);

(C) minimum safety performance standards for public transportation vehicles used in revenue operations that—(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and

(ii) to the extent practicable, take into consideration—(I) relevant recommendations of the National Transportation Safety Board; and

(II) recommendations of, and best practices standards developed by, the public transportation industry;

(D) minimum safety standards to ensure the safe operation of public transportation systems that—(i) are not related to performance standards for public transportation vehicles developed under subparagraph (C); and

(ii) to the extent practicable, take into consideration—(I) relevant recommendations of the National Transportation Safety Board;

(II) best practices standards developed by the public transportation industry;

(III) any minimum safety standards or performance criteria being implemented across the public transportation industry;

(IV) relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and

(V) any additional information that the Secretary determines necessary and appropriate; and

(E) a public transportation safety certification training program, as described in subsection (c).

(c) Public Transportation Safety Certification Training Program.—(1) In general.—The Secretary shall establish a public transportation safety certification training program for Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems and employees of public transportation agencies directly responsible for safety oversight.

(2) Interim provisions.—Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall establish interim provisions for the certification and training of the personnel described in paragraph (1), which shall be in effect until the effective date of the final rule issued by the Secretary to implement this subsection.

(d) Public Transportation Agency Safety Plan.—(1) In general.—Effective 1 year after the effective date of a final rule issued by the Secretary to carry out this subsection, each recipient or State, as described in paragraph (3), shall certify that the recipient or State has established a comprehensive agency safety plan that includes, at a minimum—(A) a requirement that the board of directors (or equivalent entity) of the recipient approve the agency safety plan and any updates to the agency safety plan;

(B) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient;

(C) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions;

(D) a process and timeline for conducting an annual review and update of the safety plan of the recipient;

(E) performance targets based on the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2);

(F) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient; and

(G) a comprehensive staff training program for the operations personnel and personnel directly responsible for safety of the recipient that includes—(i) the completion of a safety training program; and

(ii) continuing safety education and training.

(2) Interim agency safety plan.—A system safety plan developed pursuant to part 659 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the Federal Public Transportation Act of 2012, shall remain in effect until such time as this subsection takes effect.

(3) Public transportation agency safety plan drafting and certification.—(A) Section 5311.—For a recipient receiving assistance under section 5311, a State safety plan may be drafted and certified by the recipient or a State.

(B) Section 5307.—Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a rule designating recipients of assistance under section 5307 that are small public transportation providers or systems that may have their State safety plans drafted or certified by a State.

(e) State Safety Oversight Program.—(1) Applicability.—This subsection applies only to eligible States.

(2) Definition.—In this subsection, the term “eligible State” means a State that has—(A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or

(B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.

(3) In general.—In order to obligate funds apportioned under section 5338 to carry out this chapter, effective 3 years after the date on which a final rule under this subsection becomes effective, an eligible State shall have in effect a State safety oversight program approved by the Secretary under which the State—(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;

(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;

(C) establishes a State safety oversight agency;

(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;

(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and

(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).

(4) State safety oversight agency.—(A) In general.—Each State safety oversight program shall establish a State safety oversight agency that—(i) is financially and legally independent from any public transportation entity that the State safety oversight agency oversees;

(ii) does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section;

(iii) does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section;

(iv) has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d);

(v) has investigative and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State;

(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and

(vii) provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to—(I) the Federal Transit Administration;

(II) the Governor of the eligible State; and

(III) the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees.

(B) Waiver.—At the request of an eligible State, the Secretary may waive clauses (i) and (iii) of subparagraph (A) for eligible States with 1 or more rail fixed guideway systems in revenue operations, design, or construction, that—(i) have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or

(ii) provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year.

(5) Programs for multi-state rail fixed guideway public transportation systems.—An eligible State that has within the jurisdiction of the eligible State a rail fixed guideway public transportation system that operates in more than 1 eligible State shall—(A) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or

(B) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary.

(6) Grants.—(A) In general.—The Secretary shall make grants to eligible States to develop or carry out State safety oversight programs under this subsection. Grant funds may be used for program operational and administrative expenses, including employee training activities.

(B) Apportionment.—(i) Formula.—The amount made available for State safety oversight under section 5336(h) shall be apportioned among eligible States under a formula to be established by the Secretary. Such formula shall take into account fixed guideway vehicle revenue miles, fixed guideway route miles, and fixed guideway vehicle passenger miles attributable to all rail fixed guideway systems not subject to regulation by the Federal Railroad Administration within each eligible State.

(ii) Administrative requirements.—Grant funds apportioned to States under this paragraph shall be subject to uniform administrative requirements for grants and cooperative agreements to State and local governments under part 18 of title 49, Code of Federal Regulations, and shall be subject to the requirements of this chapter as the Secretary determines appropriate.

(C) Government share.—(i) In general.—The Government share of the reasonable cost of a State safety oversight program developed or carried out using a grant under this paragraph shall be 80 percent.

(ii) In-kind contributions.—Any calculation of the non-Government share of a State safety oversight program shall include in-kind contributions by an eligible State.

(iii) Non-government share.—The non-Government share of the cost of a State safety oversight program developed or carried out using a grant under this paragraph may not be met by—(I) any Federal funds;

(II) any funds received from a public transportation agency; or

(III) any revenues earned by a public transportation agency.

(iv) Safety training program.—Recipients of funds made available to carry out sections 5307 and 5311 may use not more than 0.5 percent of their formula funds to pay not more than 80 percent of the cost of participation in the public transportation safety certification training program established under subsection (c), by an employee of a State safety oversight agency or a recipient who is directly responsible for safety oversight.

(7) Certification process.—(A) In general.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall determine whether or not each State safety oversight program meets the requirements of this subsection and the State safety oversight program is adequate to promote the purposes of this section.

(B) Issuance of certifications and denials.—The Secretary shall issue a certification to each eligible State that the Secretary determines under subparagraph (A) adequately meets the requirements of this subsection, and shall issue a denial of certification to each eligible State that the Secretary determines under subparagraph (A) does not adequately meet the requirements of this subsection.

(C) Disapproval.—If the Secretary determines that a State safety oversight program does not meet the requirements of this subsection and denies certification, the Secretary shall transmit to the eligible State a written explanation and allow the eligible State to modify and resubmit the State safety oversight program for approval.

(D) Failure to correct.—If the Secretary determines that a modification by an eligible State of the State safety oversight program is not sufficient to certify the program, the Secretary—(i) shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and

(ii) may—(I) withhold funds available under paragraph (6) in an amount determined by the Secretary;

(II) 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, until the State safety oversight program has been certified; or

(III) require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified.

(8) Federal safety management.—(A) In general.—If the Secretary determines that a State safety oversight program is not being carried out in accordance with this section, has become inadequate to ensure the enforcement of Federal safety regulation, or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death, or personal injury, the Secretary shall administer the State safety oversight program until the eligible State develops a State safety oversight program certified by the Secretary in accordance with this subsection.

(B) Temporary federal oversight.—In making a determination under subparagraph (A), the Secretary shall—(i) transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and

(ii) require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection.

(C) Failure to correct.—If the Secretary determines in accordance with subparagraph (A), that a State safety oversight program or modification required pursuant to subparagraph (B)(ii), submitted by a State is not sufficient, the Secretary may—(i) withhold funds available under paragraph (6) in an amount determined by the Secretary;

(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and

(iii) use any other authorities authorized under this chapter considered necessary and appropriate.

(D) Administrative and oversight activities.—To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State, under paragraph (6), to develop or carry out a State safety oversight program.

(9) Evaluation of program and annual report.—The Secretary shall continually evaluate the implementation of a State safety oversight program by a State safety oversight agency, and shall submit on or before July 1 of each year to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on—(A) the amount of funds apportioned to each eligible State; and

(B) the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified.

(10) Federal oversight.—The Secretary shall—(A) oversee the implementation of each State safety oversight program under this subsection;

(B) audit the operations of each State safety oversight agency at least once triennially; and

(C) issue rules to carry out this subsection.

(f) Authority of Secretary.—In carrying out this section, the Secretary may—(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;

(2) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;

(3) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and

(B) the Attorney General—(i) determines that the subpoena will not interfere with an ongoing criminal investigation; or

(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A);

(4) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;

(5) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;

(6) at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and

(7) issue rules to carry out this section.

(g) Enforcement Actions.—(1) Types of enforcement actions.—The Secretary may take enforcement action against a recipient that does not comply with Federal law with respect to the safety of the public transportation system, including—(A) issuing directives;

(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;

(C) imposing more frequent reporting requirements;

(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; and

(E) withholding not more than 25 percent of financial assistance under section 5307.

(2) Use or withholding of funds.—(A) In general.—The Secretary may require the use of funds or withhold funds in accordance with paragraph (1)(D) or (1)(E) only if the Secretary finds that a recipient is engaged in a pattern or practice of serious safety violations or has otherwise refused to comply with Federal law relating to the safety of the public transportation system.

(B) Notice.—Before withholding funds from a recipient, the Secretary shall provide to the recipient—(i) written notice of a violation and the amount proposed to be withheld; and

(ii) a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.

(h) Restrictions and Prohibitions.—(1) Restrictions and prohibitions.—The Secretary shall issue restrictions and prohibitions by whatever means are determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, exist such that there is a substantial risk of death or personal injury.

(2) Notice.—The notice of restriction or prohibition shall describe the condition or practice, the subsequent risk and the standards and procedures required to address the restriction or prohibition.

(3) Continued authority.—Nothing in this subsection shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary to ensure that the risk has been substantially addressed.

(i) Consultation by the Secretary of Homeland Security.—The Secretary of Homeland Security shall consult with the Secretary of Transportation before the Secretary of Homeland Security issues a rule or order that the Secretary of Transportation determines affects the safety of public transportation design, construction, or operations.

(j) Actions Under State Law.—(1) Rule of construction.—Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party has failed to comply with—(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or

(B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.

(2) Effective date.—This subsection shall apply to any cause of action under State law arising from an event or activity occurring on or after the date of enactment of the Federal Public Transportation Act of 2012.

(3) Jurisdiction.—Nothing in this section shall be construed to create a cause of action under Federal law on behalf of an injured party or confer Federal question jurisdiction for a State law cause of action.

(k) National Public Transportation Safety Report.—Not later than 3 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—(1) analyzes public transportation safety trends among the States and documents the most effective safety programs implemented using grants under this section; and

(2) describes the effect on public transportation safety of activities carried out using grants under this section.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, § 3028(a), Aug. 10, 2005, 119 Stat. 1624; Pub. L. 112–141, div. B, § 20021(a), July 6, 2012, 126 Stat. 709; Pub. L. 114–94, div. A, title III, § 3013, Dec. 4, 2015, 129 Stat. 1476.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5329(a)49 App.:1618(a).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 22(a); added Jan. 6, 1983, Pub. L. 97–424, § 318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102–240, § 3026(1), 105 Stat. 2114.
5329(b)49 App.:1618(b).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 22(b); added Dec. 18, 1991, Pub. L. 102–240, § 3026(2), 105 Stat. 2114.

In subsection (a), the words “manner of” are omitted as surplus. The word “how” is substituted for “the means which might best be employed” to eliminate unnecessary words. The words “or eliminating” and “from the local public body” are omitted as surplus. The words “a plan is approved and carried out” are substituted for “he approves such plan and the local public body implements such plan” to eliminate unnecessary words.
In subsection (b)(1) and (2), the words “a description of” are added for clarity.

References in TextSection 3020 of the Federal Public Transportation Act of 2015, referred to in subsec. (b)(2)(D)(ii)(IV), is section 3020 of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1491, which is not classified to the Code.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(2), (d)(2), (3)(B), (e)(7)(A), (j)(2), and (k), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Amendments2015—Subsec. (b)(2)(D), (E). Pub. L. 114–94, § 3013(1), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (e)(8) to (10). Pub. L. 114–94, § 3013(2), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Subsec. (f)(2). Pub. L. 114–94, § 3013(3), which directed insertion of “or the public transportation industry generally” after “recipients”, was executed by making the insertion after “recipient”, to reflect the probable intent of Congress.
Subsec. (g)(1). Pub. L. 114–94, § 3013(4)(A), substituted “a recipient” for “an eligible State, as defined in subsection (e),” in introductory provisions.
Subsec. (g)(1)(E). Pub. L. 114–94, § 3013(4)(B)–(D), added subpar. (E).
Subsec. (g)(2)(A). Pub. L. 114–94, § 3013(5), inserted “or withhold funds” after “use of funds” and “or (1)(E)” after “paragraph (1)(D)”.
Subsec. (h). Pub. L. 114–94, § 3013(6), added subsec. (h) and struck out former subsec. (h), which related to cost-benefit analysis.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to investigations of safety hazards and security risks.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Improved Public Transportation Safety MeasuresPub. L. 114–94, div. A, title III, § 3022, Dec. 4, 2015, 129 Stat. 1493, provided that:
“(a) Requirements.—Not later than 90 days after publication of the report required in section 3020, the Secretary [of Transportation] shall issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault.

“(b) Consideration.—In the proposed rulemaking, the Secretary shall consider—“(1) different safety needs of drivers of different modes;

“(2) differences in operating environments;

“(3) the use of technology to mitigate driver assault risks;

“(4) existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and

“(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.

“(c) Savings Clause.—Nothing in this section may be construed as prohibiting the Secretary from issuing different comprehensive worker protections, including standards for mitigating assaults.”

[§ 5330. Repealed. Pub. L. 112–141, div. B, § 20030(e), July 6, 2012, 126 Stat. 731]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 831; Pub. L. 109–59, title III, §§ 3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625, related to State safety oversight of certain rail fixed guideway public transportation systems.

Effective Date of RepealPub. L. 112–141, div. B, § 20030(e), July 6, 2012, 126 Stat. 731, provided that the repeal of this section is effective 3 years after the effective date of the final rules issued by the Secretary of Transportation under section 5329(e) of this title. Such effective date is Apr. 15, 2016, see 81 F.R. 14230.

§ 5331. Alcohol and controlled substances testing(a) Definitions.—In this section—(1) “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) whose use the Secretary 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) “public transportation” means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.

(b) Testing Program for Public Transportation Employees.—(1)(A) In the interest of public transportation safety, the Secretary shall prescribe regulations that establish a program requiring public transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title to conduct preemployment, reasonable suspicion, random, and post-accident testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct preemployment testing of such employees for the use of alcohol.

(B) When the Secretary considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of public 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 Government regulation.

(2) In prescribing regulations under this subsection, the Secretary—(A) shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and

(B) may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.

(c) Disqualifications for Use.—(1) When the Secretary 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 public transportation employee under another law.

(d) Testing and Laboratory Requirements.—In carrying out subsection (b) of this section, the Secretary 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 laboratory controlled substances testing and laboratory procedures 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 revocation of certification of laboratories to perform controlled substances testing in carrying out this section;

(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual’s confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation 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 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 nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

(e) Rehabilitation.—The Secretary shall prescribe regulations establishing requirements for rehabilitation programs that provide for the identification and opportunity for treatment of any public transportation employee referred to in subsection (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 public transportation operation from establishing a program under this section in cooperation with another public 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 preempt 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—(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.

(g) Conditions on Federal Assistance.—(1) Ineligibility for assistance.—A person that receives funds under this chapter is not eligible for financial assistance under section 5307, 5309, or 5311 of this title if the person is required, under regulations the Secretary prescribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program in accordance with this section.

(2) Additional remedies.—If the Secretary determines that a person that receives funds under this chapter is not in compliance with regulations prescribed under this section, the Secretary may bar the person from receiving Federal transit assistance in an amount the Secretary considers appropriate.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 832; Pub. L. 103–429, § 6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–59, title III, § 342(a), Nov. 28, 1995, 109 Stat. 608; Pub. L. 109–59, title III, §§ 3002(b)(3), (4), 3030, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, §§ 20022, 20030(f), July 6, 2012, 126 Stat. 717, 731.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5331(a)49 App.:1618a(a).Oct. 28, 1991, Pub. L. 102–143, § 6, 105 Stat. 962.
5331(b)49 App.:1618a(b).
5331(c)49 App.:1618a(f).
5331(d)49 App.:1618a(d).
5331(e)49 App.:1618a(c).
5331(f)49 App.:1618a(e).
5331(g)49 App.:1618a(g).

In subsection (a), before clause (1), the text of 49 App.:1618a(a)(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words “controlled substances” are substituted for “drug” for consistency in this section.
In subsection (b)(1)(B), the word “also” is omitted as surplus.
In subsection (b)(2)(B), the words “may require” are substituted for “as determined by the Secretary” for clarity and to eliminate unnecessary words.
In subsection (d), the word “samples” is omitted as surplus.
In subsection (d)(2), before subclause (A), the word “subsequent” is omitted as surplus.
In subsection (d)(3), the words “of any individual” are omitted as surplus.
In subsection (d)(4), the words “by any individual” are omitted as surplus.
In subsection (d)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
In subsection (d)(6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the United States Code.
In subsection (f)(1), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “whether the provisions apply specifically to mass transportation employees, or to the general public” are omitted as surplus.
In subsection (f)(3), the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.
In subsection (g) the words “in accordance with such regulations” are omitted as surplus.

Pub. L. 103–429This amends 49:5331(a)(3) to correct an erroneous cross-reference.

Amendments2012—Pub. L. 112–141, § 20030(f), substituted “Secretary” for “Secretary of Transportation” wherever appearing.
Subsec. (g). Pub. L. 112–141, § 20022, added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “A person is not eligible for financial assistance under section 5307, 5309, or 5311 of this title 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.”
2005—Subsec. (a)(3). Pub. L. 109–59, § 3030(a), substituted “section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46” for “section 20140 or 31306 of this title” and inserted at end “The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.”.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (b). Pub. L. 109–59, § 3002(b)(3), substituted “Public” for “Mass” in heading.
Subsec. (b)(1)(A). Pub. L. 109–59, § 3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”.
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsecs. (b)(1)(B), (2), (c)(2), (e). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (f)(3). Pub. L. 109–59, § 3030(c), struck out par. (3) which read as follows: “This section does not prevent 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 mass transportation employees.”
Subsec. (g). Pub. L. 109–59, § 3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”.
1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: “In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring mass transportation 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.”
1994—Subsec. (a)(3). Pub. L. 103–429 substituted “section 20140 or 31306” for “subchapter III of chapter 201 or section 31306”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§ 5332. Nondiscrimination(a) Definition.—In this section, “person” includes a governmental authority, political subdivision, authority, legal representative, trust, unincorporated organization, trustee, trustee in bankruptcy, and receiver.

(b) Prohibitions.—A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, religion, national origin, sex, disability, or age.

(c) Compliance.—(1) The Secretary 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 person does not comply with subsection (b) of this section within a reasonable time after receiving notice, the Secretary shall—(1) direct that no further financial assistance of the United States Government under this chapter be provided to the person;

(2) refer the matter to the Attorney General with a recommendation 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.); or

(4) take any other action provided by law.

(e) Civil Actions by Attorney General.—The Attorney General may bring a civil action for appropriate relief when—(1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or

(2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section.

(f) Application and Relationship to Other Laws.—This section 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.).

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 834; Pub. L. 112–141, div. B, §§ 20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5332(a)49 App.:1615(a)(5).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 19; added Nov. 6, 1978, Pub. L. 95–599, § 314, 92 Stat. 2750.
5332(b)49 App.:1615(a)(1) (1st sentence).
5332(c)49 App.:1615(a)(2), (3)(A).
5332(d)49 App.:1615(a)(3)(B).
5332(e)49 App.:1615(a)(4).
5332(f)49 App.:1615(a)(1) (last sentence).

In subsection (a), the words “the term” and “one or more” are omitted as surplus. The words “partnerships, associations, corporations” and “mutual companies, joint-stock companies” are omitted because of 1:1.
In subsection (b), the word “receiving” is substituted for “funded in whole or in part through” to eliminate unnecessary words.
In subsection (c)(2), the words “directly or indirectly”, “issued”, and “necessary” are omitted as surplus.
In subsection (d), before clause (1), the words “does not” are substituted for “fails or refuses to” to eliminate unnecessary words. The words “period of” and “pursuant to paragraph (a) of this subsection” are omitted as surplus. In clause (2), the word “appropriate” is omitted as surplus. In clause (3), the words “proceed under” are substituted for “exercise the powers and functions provided by” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “in any appropriate district court of the United States” and “including injunctive relief” are omitted as surplus.
In subsection (f), the words “considered to be” and “and not in lieu of” are omitted as surplus.

References in TextThe Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Amendments2012—Subsec. (b). Pub. L. 112–141, § 20023(a)(1), substituted “religion” for “creed” and inserted “disability,” after “sex,”.
Subsec. (c)(1). Pub. L. 112–141, § 20030(g), struck out “of Transportation” after “Secretary”.
Subsec. (d)(3). Pub. L. 112–141, § 20023(a)(2), substituted “or” for “and”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 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 sections 3141 through 3144, 3146, and 3147 of title 40. 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 3145 of title 40.

(b) Employee Protective Arrangements.—(1) As a condition of financial assistance under sections 5307–5312, 5316,11 See References in Text note below. 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) 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 worsening of their positions related to employment;

(D) assurances of employment to employees of acquired public 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 11326 of this title.

(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.

(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 835; Pub. L. 104–88, title III, § 308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–178, title III, § 3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L. 107–217, § 3(n)(3), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §§ 3002(b)(4), 3031, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, § 20030(h), July 6, 2012, 126 Stat. 731.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5333(a)49 App.:1609(a), (b).July 9, 1964, Pub. L. 88–365, § 13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25.
5333(b)49 App.:1609(c).

In subsection (a), the words “take such action as may be necessary to”, “the performance of”, “the assistance of”, and “at rates” are omitted as surplus. The word “same” is added for clarity. The words “duties and powers” are substituted for “authority and functions” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a–2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words “terms and conditions of the protective” are omitted as surplus.
In subsection (b)(2), before clause (A), the words “without being limited to” are omitted as being included in “include”. The words “such provisions as may be necessary for” are omitted as surplus. In clause (C), the word “individual” is omitted as surplus.
In subsection (b)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).

References in TextReorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
Sections 5316 and 5328 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622.

Amendments2012—Subsec. (a). Pub. L. 112–141 substituted “sections 3141 through 3144” for “sections 3141–3144”.
2005—Subsec. (b)(1). Pub. L. 109–59, § 3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places.
Subsec. (b)(2)(D). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4), (5). Pub. L. 109–59, § 3031(2), added pars. (4) and (5).
2002—Subsec. (a). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.
1998—Subsec. (b)(1). Pub. L. 105–178 substituted “5338(b)” for “5338(j)(5)” in two places.
1995—Subsec. (b)(3). Pub. L. 104–88 substituted “11326” for “11347”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

§ 5334. Administrative provisions(a) General Authority.—In carrying out this chapter, the Secretary of Transportation may—(1) prescribe terms for a project that receives Federal financial assistance under this chapter (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 obligation;

(7) obtain loss insurance for property and assets the Secretary of Transportation holds;

(8) consent to a modification in an agreement under this chapter;

(9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;

(10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and

(11) issue regulations as necessary to carry out the purposes of this chapter.

(b) Prohibitions Against Regulating Operations and Charges.—(1) In general.—Except for purposes of national defense or in the event of a national or regional emergency, or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter. The Secretary may not regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation.

(2) Limitation on statutory construction.—Nothing in this subsection shall be construed to prevent the Secretary from requiring a recipient of funds under this chapter to comply with the terms and conditions of its Federal assistance agreement.

(c) Procedures for Prescribing Regulations.—(1) The Secretary shall prepare an agenda listing all areas in which the Secretary intends to propose regulations governing activities under this chapter within the following 12 months. The Secretary shall publish the proposed agenda in the Federal Register as part of the Secretary’s semiannual regulatory agenda that lists regulatory activities of the Federal Transit Administration. The Secretary shall submit the agenda to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives on the day the agenda is published.

(2) Except for emergency regulations, the Secretary shall give interested parties at least 60 days to participate in a regulatory proceeding under this chapter by submitting written information, views, or arguments, with or without an oral presentation, 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 circumstances justify an extension.

(3) An emergency regulation ends 120 days after it is issued.

(4) The Secretary shall comply with this subsection 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.

(d) Budget Program and Set of Accounts.—The Secretary shall—(1) submit each year a budget program as provided in section 9103 of title 31; and

(2) maintain a set of accounts for audit under chapter 35 of title 31.

(e) Depository and Availability of Amounts.—The Secretary 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.

(f) Binding Effect of Financial Transaction.—A financial transaction of the Secretary under this chapter and a related voucher are binding on all officers and employees of the United States Government.

(g) Dealing With Acquired Property.—Notwithstanding another law related to the Government acquiring, using, or disposing of real property, the Secretary may deal with property acquired under paragraph (3) or (4) of subsection (a) 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.

(h) 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 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 public transportation 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

(D) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land.

(2) A decision under paragraph (1) must be in writing and include the reason for the decision.

(3) This subsection is in addition to any other law related to using and disposing of a facility or equipment under an assistance agreement.

(4) Proceeds from the sale of transit assets.—(A) In general.—When real property, equipment, or supplies acquired with assistance under this chapter are no longer needed for public transportation purposes as determined under the applicable assistance agreement, the Secretary may authorize the sale, transfer, or lease of the assets under conditions determined by the Secretary and subject to the requirements of this subsection.

(B) Use.—The net income from asset sales, uses, or leases (including lease renewals) under this subsection shall be used by the recipient to reduce the gross project cost of other capital projects carried out under this chapter.

(C) Relationship to other authority.—The authority of the Secretary under this subsection is in addition to existing authorities controlling allocation or use of recipient income otherwise permissible in law or regulation in effect prior to the date of enactment of this paragraph.

(i) Transfer of Amounts and Non-Government Share.—(1) Amounts made available for a public transportation project under title 23 may be transferred to and administered by the Secretary 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 public transportation projects. The provisions of this chapter related to the non-Government share apply to amounts under this chapter used for highway projects.

(j) Notification of Pending Discretionary Grants.—Not less than 3 full business days before announcement of award by the Secretary of any discretionary grant, letter of intent, or full funding grant agreement totaling $1,000,000 or more, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

(k) Agency Statements.—(1) In general.—The Administrator of the Federal Transit Administration shall follow applicable rulemaking procedures under section 553 of title 5 before the Federal Transit Administration issues a statement that imposes a binding obligation on recipients of Federal assistance under this chapter.

(2) Binding obligation defined.—In this subsection, the term “binding obligation” means a substantive policy statement, rule, or guidance document issued by the Federal Transit Administration that grants rights, imposes obligations, produces significant effects on private interests, or effects a significant change in existing policy.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 836; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–316, title I, § 127(a), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §§ 3023(c), 3025(a), (b)(1), (c), June 9, 1998, 112 Stat. 364, 365; Pub. L. 109–59, title III, §§ 3002(b)(4), 3032, Aug. 10, 2005, 119 Stat. 1545, 1626; Pub. L. 111–350, § 5(o)(3), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 112–141, div. B, §§ 20024, 20030(i), July 6, 2012, 126 Stat. 718, 731.)

Historical and Revision Notes

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5334(a)49 App.:1608(a) (1st sentence related to 12:1749a(c) (1)–(3) (1st sentence), (4)–(8), (10)).July 9, 1964, Pub. L. 88–365, § 12(a), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25.
5334(b)49 App.:1608(i)(1), (2).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(i)(1), (2); added Apr. 2, 1987, Pub. L. 100–17, § 318(a), 101 Stat. 233.
 49 App.:1608(i)(3).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(i)(3); added Dec. 18, 1991, Pub. L. 102–240, § 3017, 105 Stat. 2108.
5334(c)49 App.:1608(a) (1st sentence related to 12:1749a(a) (less proviso)).
5334(d)49 App.:1608(a) (1st sentence related to 12:1749a(b), last sentence).
5334(e)49 App.:1608(a) (1st sentence related to 12:1749a(a) (proviso)).
5334(f)49 App.:1608(a) (1st sentence related to 12:1749a(c)(3) (last sentence)).
5334(g)49 App.:1608(k).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(k); added Dec. 18, 1991, Pub. L. 102–240, § 3018, 105 Stat. 2108.
5334(h)49 App.:1607(k).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(k); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, § 502(a), 106 Stat. 1566.
5334(i)49 App.:1608 (note) (related to authority and functions reserved to Secretary of Housing and Urban Development).Reorg. Plan No. 2 of 1968, eff. June 30, 1968, § 1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development), 82 Stat. 1369.
5334(j)(1)49 App.:1608(a) (1st sentence related to 12:1749a(e)).
5334(j)(2)49 App.:1608(a) (1st sentence related to 12:1749a(d)).

In subsections (c)–(f), and (j), the relevant substantive provisions of 12:1749a are substituted for “shall . . . have the functions, powers, and duties set forth in section 1749a of title 12, except subsections (c)(2) and (f) of such section” for clarity. The reference to subsection (c)(2) is omitted as obsolete because section 201(d)(1) of the Housing and Community Development Technical Amendments Act of 1984 (Public Law 98–479, 98 Stat. 2228) repealed 12:1749a(c)(2). The words “(in addition to any authority otherwise vested in him)” are omitted as surplus.
In subsection (a), the text of 49 App.:1608(a) (1st sentence related to 12:1749a(c)(8)) is omitted as obsolete. Before clause (1), the words “carrying out this chapter” are substituted for “the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter” to eliminate unnecessary words. In clause (1), the words “(except terms the Secretary of Labor prescribes under section 5333(b) of this title)” are added for clarity because 49 App.:1608(a) only applies to the Secretary of Transportation and does not supersede the responsibility of the Secretary of Labor. In clause (3), the word “civil” is added for clarity. The words “contract, or other” are omitted as surplus. In clause (4), the words “bid for and . . . at any foreclosure or any other sale” are omitted as surplus. In clause (6), the words “at public or private sale”, “real or personal”, and “upon such terms as he may fix” are omitted as surplus. Clause (8) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(c)(7)) to eliminate unnecessary words. In clause (9), the word “provisions” is omitted as surplus. The words “carry out this chapter” are substituted for “assure that the purposes of this subchapter will be achieved” to eliminate unnecessary words.
In subsection (b), the words “regulatory” and “regulatory proceeding” are substituted for “rulemaking” for consistency in the revised title and because “rule” and “regulation” are synonymous.
In subsection (b)(1), the words “Federal Transit Administration” are substituted for “Urban Mass Transportation Administration” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088). The words “also” and “required by the first sentence of this paragraph” are omitted as surplus.
In subsection (c), before clause (1), the words “In the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter . . . notwithstanding the provisions of any other law” are omitted as surplus. In clause (1), the words “prepare . . . and” and “for wholly owned Government corporations” are omitted as surplus.
Subsection (d) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(b) and last sentence) to eliminate unnecessary words.
In subsection (e), the words “such . . . as the making of loans” are omitted as surplus. The words “under this chapter” are added for clarity. The word “related” is substituted for “in connection with such financial transactions” to eliminate unnecessary words. The words “approved by the Secretary” are omitted as surplus. The word “binding” is substituted for “final and conclusive” to eliminate unnecessary words. The words “and employees” are added for consistency in the revised title and with other titles of the United States Code.
In subsection (f), before clause (1), the words “in any way” are substituted for “complete, administer, remodel and convert, dispose of, lease and otherwise” to eliminate unnecessary words. In clause (1), the words “civil or criminal” are omitted as surplus. In clause (2), the words “political subdivision of a State” are substituted for “local” for consistency.
In subsection (g)(1), before clause (A), the words “facilities and equipment and other”, “(including land)”, and “first” are omitted as surplus.
In subsection (g)(3), the words “and not in lieu of” are omitted as surplus.
Subsection (i) is substituted for section 1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development) of Reorganization Plan No. 2 of 1968 to eliminate unnecessary words. The reference to 49 App.:1602(c)(1) is translated as a reference to 49 App.:1602(e)(1) because section 2(1) of the Urban Mass Transportation Assistance Act of 1970 (Public Law 91–453, 84 Stat. 962) redesignated subsection (c) as subsection (e). The references to 49 App.:1603(a) (1st sentence), 1604, and 1607c(b) and former 49 App.:1607a are omitted as obsolete because of section 103(a) of the National Mass Transportation Act of 1974 (Public Law 93–503, 88 Stat. 1567) and sections 303(b), 305(a), and 307 of the Federal Public Transportation Act of 1978 (Public Law 95–599, 92 Stat. 2737, 2743, 2747). Reference to 49 App.:1607c(c) is omitted because it was enacted after the Reorganization Plan and was not intended to be within the scope of the Plan.
Subsection (j)(1) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(e)) to eliminate unnecessary words.

References in TextThe date of enactment of this paragraph, referred to in subsec. (h)(4)(C), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.

Amendments2012—Subsec. (a)(1). Pub. L. 112–141, § 20024(1), substituted “that receives Federal financial assistance under this chapter” for “under sections 5307 and 5309–5311 of this title”.
Subsec. (b)(1). Pub. L. 112–141, § 20024(2), inserted “or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329,” after “emergency,” and substituted “chapter. The Secretary may not” for “chapter, nor may the Secretary”.
Subsec. (c)(1). Pub. L. 112–141, § 20030(i)(1), substituted “Secretary shall prepare” for “Secretary of Transportation shall prepare” and “Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives” for “Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate”.
Subsec. (c)(2). Pub. L. 112–141, § 20030(i)(1)(A), substituted “Secretary shall give” for “Secretary of Transportation shall give”.
Subsec. (c)(4). Pub. L. 112–141, §§ 20030(i)(1)(A), 20024(3), substituted “Secretary shall comply” for “Secretary of Transportation shall comply” and “subsection” for “section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f)”.
Subsec. (d). Pub. L. 112–141, § 20030(i)(2), struck out “of Transportation” after “Secretary” in introductory provisions.
Subsec. (e). Pub. L. 112–141, § 20030(i)(3), struck out “of Transportation” after “The Secretary”.
Subsec. (f). Pub. L. 112–141, § 20030(i)(4), struck out “of Transportation” after “Secretary”.
Subsec. (g). Pub. L. 112–141, § 20030(i)(5), in introductory provisions, struck out “of Transportation” after “Secretary”.and substituted “paragraph (3) or (4) of subsection (a)” for “subsection (a)(3) or (4) of this section”.
Subsec. (h)(1). Pub. L. 112–141, § 20030(i)(6)(A), struck out “of Transportation” after “acquired, the Secretary” in introductory provisions.
Subsec. (h)(2). Pub. L. 112–141, § 20030(i)(6)(B), struck out “of this section” after “paragraph (1)”.
Subsec. (h)(3). Pub. L. 112–141, § 20024(4), substituted “any other” for “another”.
Subsec. (i)(1). Pub. L. 112–141, §§ 20024(5), 20030(i)(7), substituted “title 23 may” for “title 23 shall” and “Secretary under this chapter” for “Secretary of Transportation under this chapter”.
Subsec. (j). Pub. L. 112–141, § 20030(i)(8), which directed substitution of “Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives” for “Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives” in subsec. (j) as redesignated by section 20025 of Pub. L. 112–141, was executed to subsec. (j) as redesignated by section 20024 of Pub. L. 112–141, to reflect the probable intent of Congress.
Pub. L. 112–141, § 20024(6), (7), redesignated subsec. (k) as (j) and struck out former subsec. (j). Prior to amendment, text read as follows:
“(1) Section 9107(a) of title 31 applies to the Secretary of Transportation under this chapter.
“(2) Section 6101(b) to (d) of title 41 applies to a contract for more than $1,000 for services or supplies related to property acquired under this chapter.”
Subsecs. (k), (l). Pub. L. 112–141, § 20024(7), redesignated subsecs. (k) and (l) as (j) and (k), respectively.
2011—Subsec. (j)(2). Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
2005—Subsec. (a)(10). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(11). Pub. L. 109–59, § 3032(1), added par. (11).
Subsec. (b). Pub. L. 109–59, § 3032(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 109–59, § 3032(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(4). Pub. L. 109–59, § 3032(5), added par. (4) and struck out former par. (4) which read as follows: “The Secretary of Transportation shall comply with this section (except subsections (h) and (i)) and sections 5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d) 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.”
Subsecs. (d) to (f). Pub. L. 109–59, § 3032(3), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, § 3032(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1), (4)(A). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (h). Pub. L. 109–59, § 3032(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in pars. (1) and (2).
Subsec. (i). Pub. L. 109–59, § 3032(2), (3), redesignated subsec. (h) as (i) and struck out heading and text of former subsec. (i). Text read as follows: “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 development 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.”
Subsecs. (k), (l). Pub. L. 109–59, § 3032(6), added subsecs. (k) and (l).
1998—Pub. L. 105–178, § 3025(b)(1), inserted “provisions” after “Administrative” in section catchline.
Subsec. (a)(10). Pub. L. 105–178, § 3025(a), added par. (10).
Subsec. (b)(4). Pub. L. 105–178, § 3023(c), substituted “5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)” for “5323(a)(2), (c) and (e), 5324(c), and 5325 of this title”.
Subsec. (g)(4). Pub. L. 105–178, § 3025(c), added par. (4).
1996—Subsec. (b)(1). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (c)(2). Pub. L. 104–316 substituted “for” for “the Comptroller General shall”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§ 5335. National transit database(a) National Transit Database.—To help meet the needs of individual public transportation systems, the United States Government, State and local governments, and the public for information on which to base public transportation service planning, the Secretary shall maintain a reporting system, using uniform categories to accumulate public transportation financial, operating, and asset condition information and using a uniform system of accounts. The reporting and uniform systems shall contain appropriate information to help any level of government make a public sector investment decision. The Secretary may request and receive appropriate information from any source.

(b) Reporting and Uniform Systems.—The Secretary may award a grant under section 5307 or 5311 only if the applicant, and any person that will receive benefits directly from the grant, are subject to the reporting and uniform systems.

(c) Data Required to Be Reported.—The recipient of a grant under this chapter shall report to the Secretary, for inclusion in the National Transit Database, any information relating to a transit asset inventory or condition assessment conducted by the recipient.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 838; Pub. L. 104–287, § 5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub. L. 104–316, title I, § 127(b), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, § 3026, June 9, 1998, 112 Stat. 365; Pub. L. 109–59, title III, §§ 3002(b)(4), 3033(a), Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 112–141, div. B, §§ 20025(a), 20030(j), July 6, 2012, 126 Stat. 718, 731.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5335(a)49 App.:1608(j).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(j); added Apr. 2, 1987, Pub. L. 100–17, § 319, 101 Stat. 234.
 49 App.:1611(a).July 9, 1964, Pub. L. 88–365, § 15(a), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§ 2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, § 7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, § 111, 88 Stat. 1573.
 49 App.:1611(b).July 9, 1964, Pub. L. 88–365, § 15(b), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§ 2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, § 7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, § 111, 88 Stat. 1573; Jan. 6, 1983, Pub. L. 97–424, § 304(c), 96 Stat. 2150.
5335(b)49 App.:1603(b)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 4(b)(1); added Nov. 6, 1978, Pub. L. 95–599, § 303(e), 92 Stat. 2738; restated Apr. 2, 1987, Pub. L. 100–17, § 307, 101 Stat. 226; Dec. 18, 1991, Pub. L. 102–240, § 3006(h) (1), 105 Stat. 2090.
5335(c)49 App.:1623(a).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 27; added Dec. 18, 1991, Pub. L. 102–240, § 3028, 105 Stat. 2115.
5335(d)49 App.:1623(b).

In subsection (a), the text of 49 App.:1608(j) is omitted as superseded by 31:ch. 75.
In subsection (a)(1), the words “by January 10, 1977” are omitted as executed. The word “maintain” is substituted for “develop, test, and prescribe” for clarity. The text of 49 App.:1611(a) (3d and 4th sentences) is omitted as executed. The words “or data as he deems” and “public or private” are omitted as surplus.
In subsection (a)(2), the words “After July 1, 1978” are omitted as executed. The reference to 49 App.:1604 is omitted as obsolete. The words “for such grant”, “or organization”, “each . . . both”, and “prescribed under subsection (a) of this section” are omitted as surplus.
In subsection (b)(1), the words “commitments, and reservations” are omitted as surplus.
In subsection (b)(2) and (3), the words “uncommitted, and unreserved” are omitted as surplus.
In subsection (b)(3) and (5), the words “last day” are substituted for “close” for consistency.
In subsection (b)(4), the words “a listing of” are omitted as surplus.
In subsection (b)(5), the words “a status report on all” are omitted as surplus.
In subsection (b)(6), the words “a status report on”, “a letter of credit or other”, and “already” are omitted as surplus.
In subsection (d), before clause (1), the words “the transferability provisions of” are omitted as surplus.

Pub. L. 104–287, § 5(18)This amends 49:5335(d)(2)(B) to amend an erroneous cross-reference.

Amendments2012—Subsec. (a). Pub. L. 112–141, §§ 20025(a)(1), 20030(j), struck out “of Transportation” after “the Secretary” and substituted “public transportation financial, operating, and asset condition information” for “public transportation financial and operating information”.
Subsec. (c). Pub. L. 112–141, § 20025(a)(2), added subsec. (c).
2005—Pub. L. 109–59, § 3033(a), substituted “National transit database” for “Reports and audits” in section catchline, redesignated pars. (1) and (2) of subsec. (a) as subsecs. (a) and (b), respectively, inserted subsec. (b) heading, substituted “The Secretary may award a grant under section 5307 or 5311” for “The Secretary may make a grant under section 5307 of this title” in subsec. (b), and struck out former subsec. (b) which related to submission of a report in January- 1993, on carrying out former section 5307(b)(5) of this title.
Subsec. (a)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
1998—Subsec. (a). Pub. L. 105–178, § 3026(a)(1), substituted “National Transit Database” for “Reporting System and Uniform System of Accounts and Records” in heading.
Subsec. (a)(1). Pub. L. 105–178, § 3026(a)(2), substituted “using uniform categories” for “by uniform categories,” and “and using a uniform system of accounts” for “and a uniform system of accounts and records”.
Subsecs. (b) to (d). Pub. L. 105–178, § 3026(b), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which related to quarterly reports and biennial needs report, respectively.
1996—Subsec. (b). Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (c). Pub. L. 104–316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions.
Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (d). Pub. L. 104–316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions.
Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (d)(2)(B). Pub. L. 104–287, § 5(18), substituted “Americans with Disabilities Act” for “Americans With Disabilities Act”.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Data Accuracy and ReliabilityPub. L. 112–141, div. B, § 20025(b), July 6, 2012, 126 Stat. 718, provided that:
“The Secretary [of Transportation] shall—
“(1) develop and implement appropriate internal control activities to ensure that public transportation safety incident data is reported accurately and reliably by public transportation systems and State safety oversight agencies to the State Safety Oversight Rail Accident Database; and

“(2) report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 1 year of enactment of the Federal Public Transportation Act of 2012 [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways] on the steps taken to improve the accuracy and reliability of public transportation safety incident data reported to the State Safety Oversight Rail Accident Database.”

§ 5336. Apportionment of appropriations for formula grants(a) Based on Urbanized Area Population.—Of the amount apportioned under subsection (h)(5) to carry out section 5307—(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 multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent decennial census; and

(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, 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 Vehicle Revenue Miles, Directional Route Miles, and Passenger Miles.—(1) In this subsection, “fixed guideway vehicle revenue miles” and “fixed guideway directional route miles” include passenger ferry 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 number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and

(ii) 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas.

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 subparagraph.

(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 passenger miles traveled multiplied by the total number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in all areas.

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 subparagraph.

(C) Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional 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 otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable to the governmental authority in the State in which the urbanized 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.

(D) A recipient’s apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders.

(E) For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area.

(c) Based on Bus Vehicle Revenue 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 vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue 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 population of all areas, as shown in the most recent decennial census; and

(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, established by the Secretary, of the number 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 vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue 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 population of all areas, as shown by the most recent decennial 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, established by the Secretary, of the number 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 multiplied 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 traveled for each dollar of operating cost in all areas.

(d) Date of Apportionment.—The Secretary shall—(1) apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and

(2) publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.

(e) Amounts Not Apportioned to Designated Recipients.—The Governor 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 5302(4).

(f) Transfers of Apportionments.—(1) The Governor of a State may transfer any part of the State’s apportionment under subsection (a)(1) of this section to supplement amounts apportioned to the State under section 5311(c)(3). The Governor may make a transfer only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was apportioned under this section.

(2) The Governor of a State may transfer any part of the State’s apportionment under section 5311(c)(3) to supplement amounts apportioned to the State under subsection (a)(1) of this section.

(3) The Governor 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 population of at least 200,000 may transfer a part of its apportionment under this section to the Governor of a State. The Governor 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.

(g) Period of Availability to Recipients.—An amount apportioned under this section may be obligated by the recipient for 5 years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 5-year period, an 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.

(h) Apportionments.—Of the amounts made available for each fiscal year under section 5338(a)(2)(C)—(1) $30,000,000 shall be set aside each fiscal year to carry out section 5307(h);

(2) 3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j);

(3) of amounts not apportioned under paragraphs (1) and (2)—(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and

(B) for fiscal years 2019 and 2020, 2 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);

(4) 0.5 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and

(5) any amount not apportioned under paragraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).

(i) Small Transit Intensive Cities Formula.—(1) Definitions.—In this subsection, the following definitions apply:(A) Eligible area.—The term “eligible area” means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2).

(B) Performance category.—The term “performance category” means each of the following:(i) Passenger miles traveled per vehicle revenue mile.

(ii) Passenger miles traveled per vehicle revenue hour.

(iii) Vehicle revenue miles per capita.

(iv) Vehicle revenue hours per capita.

(v) Passenger miles traveled per capita.

(vi) Passengers per capita.

(2) Apportionment.—(A) Apportionment formula.—The amount to be apportioned under subsection (h)(3) shall be apportioned among eligible areas in the ratio that—(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to

(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.

(B) Data used in formula.—The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.

(j) Apportionment Formula.—The amounts apportioned under subsection (h)(2) shall be apportioned among urbanized areas as follows:(1) 75 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that—(A) the number of eligible low-income individuals in each such urbanized area; bears to

(B) the number of eligible low-income individuals in all such urbanized areas.

(2) 25 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of less than 200,000 in the ratio that—(A) the number of eligible low-income individuals in each such urbanized area; bears to

(B) the number of eligible low-income individuals in all such urbanized areas.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 840; Pub. L. 104–287, § 5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §§ 3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373; Pub. L. 109–59, title III, §§ 3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 110–244, title II, § 201(l), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, § 20026, July 6, 2012, 126 Stat. 719; Pub. L. 113–159, title I, § 1202, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, § 1202, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, § 1202, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, § 1202, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, § 1202, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, § 3014, Dec. 4, 2015, 129 Stat. 1478.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5336(a)(1)49 App.:1607a(a)(1).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(a); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2141; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, § 3013(a), 105 Stat. 2106.
 49 App.:1607a(d).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(b)(1)–(3), (c)–(e)(1), (m)(2); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2141, 2147; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238.
5336(a)(2)49 App.:1607a(a)(2).
5336(b)(1)49 App.:1607a(b)(2) (last sentence).
5336(b)(2)(A)49 App.:1607a(b)(1), (2) (1st sentence).
5336(b)(2)(B)49 App.:1607a(b)(3) (1st sentence).
5336(b)(2)(C)49 App.:1607a(b)(2) (2d sentence), (3) (last sentence).
5336(b)(2)(D)49 App.:1607a(b)(2) (3d sentence).
5336(b)(2)(E)49 App.:1607a(b)(4).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(b)(4); added Dec. 18, 1991, Pub. L. 102–240, § 3013(b), 105 Stat. 2106.
5336(c)(1)49 App.:1607a(c)(1), (2), (d) (last sentence).
5336(c)(2)49 App.:1607a(c)(3).
5336(d)(1)49 App.:1607a (k)(2)(A).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(2)(A); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§ 312(c)(1), (2), 327(b), 101 Stat. 228, 238.
5336(d)(2)49 App.:1607a (k)(2)(B).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(2)(B); added Apr. 2, 1987, Pub. L. 100–17, § 312(c)(3), 101 Stat. 228; Dec. 18, 1991, Pub. L. 102–240, § 3013(i), 105 Stat. 2107.
 49 App.:1607a (k)(2)(C).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(2)(C); added Apr. 2, 1987, Pub. L. 100–17, § 312(c)(3), 101 Stat. 228.
5336(e)49 App.:1607a(q).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(q); added Apr. 2, 1987, Pub. L. 100–17, § 312(e), 101 Stat. 229.
5336(f)49 App.:1607a(m)(2).
5336(g)49 App.:1607a(n).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(n); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§ 312(d), 327(b), 101 Stat. 229, 238.
5336(h)49 App.:1607a(t).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(t); added Dec. 18, 1991, Pub. L. 102–240, § 3013(k), 105 Stat. 2108.
5336(i)49 App.:1607a(o).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(o); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§ 311, 327(b), 101 Stat. 228, 238.
5336(j)49 App.:1607a(e)(1).
5336(k)49 App.:1607a(s).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(s); added Dec. 18, 1991, Pub. L. 102–240, § 3013(j), 105 Stat. 2108.

In this section, the word “apportioned” is substituted for “available”, “shall be available for expenditure”, “made available”, and “made available for expenditure” for clarity and consistency in this chapter.
In subsection (a)(1), before subclause (A), the words “the sum of” are omitted as surplus.
In subsection (b)(2)(D), the word “provided” is omitted as surplus. The words “is deemed” are substituted for “as if . . . were” for consistency in the revised title and with other titles of the United States Code. The words “directly or indirectly” are omitted as surplus.
In subsection (c)(1)(B), before clause (i), the words “of at least 200,000” are added for clarity.
In subsection (d)(1)(D), the words “Notwithstanding the preceding sentence” and “each fiscal year” are omitted as surplus.
In subsection (d)(2), the words “Beginning on October 1, 1991” are omitted as executed. The words “paragraph (1) of this subsection” are substituted for “under this section that may be used for operating assistance by urbanized areas” to eliminate unnecessary words. The words “(if any)” are omitted as surplus. The words “Secretary of Labor” are substituted for “Department of Labor” because of 29:551. The text of 49 App.:1607a(k)(2)(B) (2d sentence) is omitted as executed. The text of 49 App.:1607a(k)(2)(B) (last sentence) is omitted as surplus.
In subsection (e)(1), the words “under section 5338(f) of this title” are added for clarity. The words “in accordance with the provisions of this section” are omitted as surplus.
In subsection (e)(2), the words “established by the preceding sentence” are omitted as surplus.
In subsection (g)(1) and (2), the word “part” is substituted for “amount” for clarity.
In subsection (g)(4), the words “including areas of 200,000 or more population” are omitted as surplus.
In subsection (h), the words “in each fiscal year beginning after September 30, 1991” are omitted as obsolete.
In subsection (i), the words “the close of” are omitted as surplus.
In subsection (j), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.
In subsection (k), the text of 49 App.:1607a(s)(1) is omitted as obsolete.

Pub. L. 104–287This amends 49:5336(b)(2) to clarify the restatement of 49 App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 840).

Amendments2015—Subsec. (a). Pub. L. 114–94, § 3014(1), substituted “subsection (h)(5)” for “subsection (h)(4)” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 114–94, § 3014(2), substituted “27 percent” for “22.27 percent”.
Subsec. (h)(1). Pub. L. 114–94, § 3014(3)(A), added par. (1) and struck out former par. (1), which read as follows: “$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);”.
Pub. L. 114–87 substituted “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73 substituted “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41 substituted “for each fiscal year ending before October 1, 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21 substituted “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (h)(3). Pub. L. 114–94, § 3014(3)(B), added par. (3) and struck out former par. (3), which read as follows: “of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”.
2014—Subsec. (h)(1). Pub. L. 113–159 inserted “for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be set aside”.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k).
2008—Subsec. (a). Pub. L. 110–244, § 201(l)(1)(A), in introductory provisions, substituted “Of the amount apportioned under subsection (i)(2) to carry out section 5307—” for “Of the amount apportioned under subsection (i)(2)—”.
Subsec. (a)(2). Pub. L. 110–244, § 201(l)(2), amended Pub. L. 109–59, § 3034(d)(2). See 2005 Amendment note below.
Subsec. (c). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
Subsec. (d)(1). Pub. L. 110–244, § 201(l)(1)(B), substituted “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338” for “subsections (a) and (h)(2) of section 5338”.
Subsec. (k). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
2005—Subsec. (a). Pub. L. 109–59, § 3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, could not be executed because of prior amendment by Pub. L. 109–59, § 3034(a)(4). See below.
Pub. L. 109–59, § 3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions.
Subsec. (a)(2). Pub. L. 109–59, § 3034(d)(2), as amended by Pub. L. 110–244, § 201(l)(2), inserted before period at end “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”.
Subsec. (b)(1). Pub. L. 109–59, § 3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end.
Subsec. (c). Pub. L. 109–59, § 3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.
Subsecs. (d) to (f). Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “[Reserved.]”.
Subsec. (g). Pub. L. 109–59, § 3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (h). Pub. L. 109–59, § 3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places.
Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments 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.”
Subsec. (i). Pub. L. 109–59, § 3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).
Subsec. (j). Pub. L. 109–59, § 3034(b), added subsec. (j). Former subsec. (j) redesignated (h).
Subsec. (k). Pub. L. 109–59, § 3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated 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.”
1998—Pub. L. 105–178, § 3027(a), substituted “formula grants” for “block grants” in section catchline.
Subsec. (a). Pub. L. 105–178, § 3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions.
Subsec. (d). Pub. L. 105–178, § 3027(b), amended subsec. (d) generally, substituting “[Reserved.]” for former provisions relating to operating assistance.
Subsec. (e)(1). Pub. L. 105–178, § 3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”.
1996—Subsec. (b)(2)(A), (B). Pub. L. 104–287, § 5(19)(A), inserted at end “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 subparagraph.”
Subsec. (b)(2)(C) to (E). Pub. L. 104–287, § 5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “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.”

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 2008 AmendmentAmendment by section 201(l)(2) of Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Urbanized Area Formula StudyPub. L. 105–178, title III, § 3033, June 9, 1998, 112 Stat. 386, required the Secretary of Transportation to conduct a study on the success of the formula used to apportion funds to urbanized areas and to submit a report no later than Dec. 31, 1999.

§ 5337. State of good repair grants(a) Definitions.—In this section, the following definitions shall apply:(1) Fixed guideway.—The term “fixed guideway” means a public transportation facility—(A) using and occupying a separate right-of-way for the exclusive use of public transportation;

(B) using rail;

(C) using a fixed catenary system;

(D) for a passenger ferry system; or

(E) for a bus rapid transit system.

(2) State.—The term “State” means the 50 States, the District of Columbia, and Puerto Rico.

(3) State of good repair.—The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b).

(4) Transit asset management plan.—The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and

(B) the recipient certifies that the recipient complies with the rule issued under section 5326(d).

(b) General Authority.—(1) Eligible projects.—The Secretary may make grants under this section to assist State and local governmental authorities in financing capital projects to maintain public transportation systems in a state of good repair, including projects to replace and rehabilitate—(A) rolling stock;

(B) track;

(C) line equipment and structures;

(D) signals and communications;

(E) power equipment and substations;

(F) passenger stations and terminals;

(G) security equipment and systems;

(H) maintenance facilities and equipment;

(I) operational support equipment, including computer hardware and software;

(J) development and implementation of a transit asset management plan; and

(K) other replacement and rehabilitation projects the Secretary determines appropriate.

(2) Inclusion in plan.—A recipient shall include a project carried out under paragraph (1) in the transit asset management plan of the recipient upon completion of the plan.

(c) High Intensity Fixed Guideway State of Good Repair Formula.—(1) In general.—Of the amount authorized or made available under section 5338(a)(2)(K), 97.15 percent shall be apportioned to recipients in accordance with this subsection.

(2) Area share.—(A) In general.—50 percent of the amount described in paragraph (1) shall be apportioned for fixed guideway systems in accordance with this paragraph.

(B) Share.—A recipient shall receive an amount equal to the amount described in subparagraph (A), multiplied by the amount the recipient would have received under this section, as in effect for fiscal year 2011, if the amount had been calculated in accordance with the provisions of section 5336(b)(1) and using the definition of the term “fixed guideway” under subsection (a) of this section, as such sections are in effect on the day after the date of enactment of the Federal Public Transportation Act of 2012, and divided by the total amount apportioned for all areas under this section for fiscal year 2011.

(C) Recipient.—For purposes of this paragraph, the term “recipient” means an entity that received funding under this section, as in effect for fiscal year 2011.

(3) Vehicle revenue miles and directional route miles.—(A) In general.—50 percent of the amount described in paragraph (1) shall be apportioned to recipients in accordance with this paragraph.

(B) Vehicle revenue miles.—A recipient in an urbanized area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway vehicle revenue miles attributable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all urbanized areas.

(C) Directional route miles.—A recipient in an urbanized area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway directional route miles attributable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all urbanized areas.

(4) Limitation.—(A) In general.—Except as provided in subparagraph (B), the share of the total amount apportioned under this subsection that is apportioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share apportioned to the area under this subsection in the previous fiscal year.

(B) Special rule for fiscal year 2013.—In fiscal year 2013, the share of the total amount apportioned under this subsection that is apportioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share that would have been apportioned to the area under this section, as in effect for fiscal year 2011, if the share had been calculated using the definition of the term “fixed guideway” under subsection (a) of this section, as in effect on the day after the date of enactment of the Federal Public Transportation Act of 2012.

(5) Use of funds.—Amounts made available under this subsection shall be available for the exclusive use of fixed guideway projects.

(6) Receiving apportionment.—(A) In general.—Except as provided in subparagraph (B), for an area with a fixed guideway system, the amounts provided under this subsection shall be apportioned to the designated recipient for the urbanized area in which the system operates.

(B) Exception.—An area described in the amendment made by section 3028(a) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 366) shall receive an individual apportionment under this subsection.

(7) Apportionment requirements.—For purposes of determining the number of fixed guideway vehicle revenue miles or fixed guideway directional route miles attributable to an urbanized area for a fiscal year under this subsection, only segments of fixed guideway systems placed in revenue service not later than 7 years before the first day of the fiscal year shall be deemed to be attributable to an urbanized area.

(d) High Intensity Motorbus State of Good Repair.—(1) Definition.—For purposes of this subsection, the term “high intensity motorbus” means public transportation that is provided on a facility with access for other high-occupancy vehicles.

(2) Apportionment.—Of the amount authorized or made available under section 5338(a)(2)(K), 2.85 percent shall be apportioned to urbanized areas for high intensity motorbus vehicle state of good repair in accordance with this subsection.

(3) Vehicle revenue miles and directional route miles.—(A) In general.—The amount described in paragraph (2) shall be apportioned to each area in accordance with this paragraph.

(B) Vehicle revenue miles.—Each area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of high intensity motorbus vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus vehicle revenue miles attributable to all areas.

(C) Directional route miles.—Each area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of high intensity motorbus directional route miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus directional route miles attributable to all areas.

(4) Apportionment requirements.—For purposes of determining the number of high intensity motorbus vehicle revenue miles or high intensity motorbus directional route miles attributable to an urbanized area for a fiscal year under this subsection, only segments of high intensity motorbus systems placed in revenue service not later than 7 years before the first day of the fiscal year shall be deemed to be attributable to an urbanized area.

(5) Use of funds.—Amounts apportioned under this subsection may be used for any project that is an eligible project under subsection (b)(1).

(e) Government Share of Costs.—(1) Capital projects.—A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.

(2) Remaining costs.—The remainder of the net project cost shall be provided—(A) in cash from non-Government sources;

(B) from revenues derived from the sale of advertising and concessions; or

(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103–429, § 6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102–240, title III, § 3049(b), as added Pub. L. 105–130, § 8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §§ 3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX, § 9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, § 8(b)(2), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 109–59, title III, § 3035(a), Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, § 201(m), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, § 435, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, § 2305, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, § 305, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, § 135, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, § 305, Mar. 30, 2012, 126 Stat. 277; Pub. L. 112–140, title III, § 305, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, § 20027, div. G, title III, § 113005, July 6, 2012, 126 Stat. 723, 985; Pub. L. 114–94, div. A, title III, § 3015, Dec. 4, 2015, 129 Stat. 1478.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5337(a)49 App.:1602(h) (1)–(4).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(h)(1)–(6); added Aug. 22, 1974, Pub. L. 93–503, § 110, 88 Stat. 1573; Nov. 6, 1978, Pub. L. 95–599, § 302(d), 92 Stat. 2737; restated Dec. 18, 1991, Pub. L. 102–240, § 3008, 105 Stat. 2091.
5337(b)49 App.:1602(h)(5).
5337(c)49 App.:1602(h)(6).
5337(d)49 App.:1602(h)(7).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(7); added Oct. 6, 1992, Pub. L. 102–388, § 502(c), 106 Stat. 1566.

In subsection (a), the words “for expenditure” are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.
In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “paragraph” in the source provision is translated as it were “subsection” to reflect the apparent intent of Congress.
In subsection (d)(1), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.

Pub. L. 103–429This amends 49:5337(a)(4) to correct an erroneous cross-reference.

References in TextThe date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (c)(2)(B), (4)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Section 3028(a) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 366), referred to in subsec. (c)(6)(B), amended generally subsec. (a) of this section. See 1998 Amendment note below.

Amendments2015—Subsec. (c)(1). Pub. L. 114–94, § 3015(b)(1), substituted “5338(a)(2)(K)” for “5338(a)(2)(I)”.
Subsec. (c)(2)(B). Pub. L. 114–94, § 3015(a)(1), inserted “the provisions of” before “section 5336(b)(1)”.
Subsec. (d)(2). Pub. L. 114–94, § 3015(a)(2)(A), (b)(2), substituted “5338(a)(2)(K)” for “5338(a)(2)(I)” and inserted “vehicle” after “motorbus”.
Subsec. (d)(5). Pub. L. 114–94, § 3015(a)(2)(B), added par. (5).
Subsec. (e). Pub. L. 114–94, § 3015(a)(3), added subsec. (e).
2012—Pub. L. 112–141, § 20027, amended section generally. Prior to amendment, section related to apportionment based on fixed guideway factors.
Subsec. (g). Pub. L. 112–141, § 113005, struck out subsec. (g). Text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on June 30, 2012, in accordance with subsection (a), except that the Secretary shall apportion 75 percent of each dollar amount specified in subsection (a).”
Pub. L. 112–140, §§ 1(c), 305, temporarily amended subsec. (g) generally, enacting similar provisions but directing the Secretary to apportion 76 percent of each dollar amount specified in subsec. (a) for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on March 31, 2012, in accordance with subsection (a), except that the Secretary shall apportion 50 percent of each dollar amount specified in subsection (a).”
2011—Subsec. (a). Pub. L. 112–30, § 135(1), substituted “2012” for “2011” in introductory provisions.
Pub. L. 112–5, § 305(1), substituted “2011” for “2010” in introductory provisions.
Subsec. (g). Pub. L. 112–30, § 135(2), added subsec. (g).
Pub. L. 112–5, § 305(2), struck out subsec. (g). Text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending March 4, 2011, in accordance with subsection (a), except that the Secretary shall apportion 155⁄365ths of each dollar amount specified in subsection (a).”
2010—Subsec. (a). Pub. L. 111–147, § 435(1), substituted “2010” for “2009” in introductory provisions.
Subsec. (g). Pub. L. 111–322 amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a).”
Pub. L. 111–147, § 435(2), added subsec. (g).
2008—Subsec. (a). Pub. L. 110–244 substituted “for each of fiscal years 2005 through 2009” for “for each of fiscal years 1998 through 2003” in introductory provisions.
2005—Pub. L. 109–59, § 3035(a)(1), substituted “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in section catchline.
Subsec. (f). Pub. L. 109–59, § 3035(a)(2), added subsec. (f).
2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, § 3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted “(e)(1)” for “(e)”, in par. (3)(D), substituted “(2)(B)” for “(2)(B)(ii)” and “(e)(1)” for “(e)”, in par. (4), substituted “(e)(1)” for “(e)”, and in pars. (5) to (7), substituted “(e)(2)” for “(e)” wherever appearing.
Pub. L. 105–178, § 3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, § 3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.
Subsec. (e)(1). Pub. L. 105–178, § 3029(b)(12), which directed substitution of “subsections (b) and (h)(4) of section 5338” for “section 5338(f)”, could not be executed because “section 5338(f)” does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, § 3049(b)(1), as added by Pub. L. 105–130, inserted “and for the period of October 1, 1997, through March 31, 1998,” after “1997,” in introductory provisions.
Subsec. (e). Pub. L. 102–240, § 3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted “section 5336(b)(2)(A) of this title” for “section 5336(B)(2)(A)”.

Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective and Termination Dates of 2012 AmendmentAmendment by section 20027 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113005 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Special Rule for Partial Fiscal Year FundingPub. L. 108–310, § 8(b), Sept. 30, 2004, 118 Stat. 1154, provided for pro rata apportionment for fixed guideway modernization to reflect partial fiscal year 2005 funding.
Pub. L. 108–88, § 8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Pub. L. 108–202, § 9(b), Feb. 29, 2004, 118 Stat. 485; Pub. L. 108–224, § 7(b), Apr. 30, 2004, 118 Stat. 633; Pub. L. 108–263, § 7(b), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, § 7(b), July 30, 2004, 118 Stat. 882.

§ 5338. Authorizations(a) Grants.—(1) In general.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012, and sections 11 So in original. Probably should be “section”. 3006(b) of the Federal Public Transportation Act of 2015—(A) $9,347,604,639 for fiscal year 2016;

(B) $9,534,706,043 for fiscal year 2017;

(C) $9,733,353,407 for fiscal year 2018;

(D) $9,939,380,030 for fiscal year 2019; and

(E) $10,150,348,462 for fiscal year 2020.

(2) Allocation of funds.—Of the amounts made available under paragraph (1)—(A) $130,732,000 for fiscal year 2016, $133,398,933 for fiscal year 2017, $136,200,310 for fiscal year 2018, $139,087,757 for fiscal year 2019, and $142,036,417 for fiscal year 2020, shall be available to carry out section 5305;

(B) $10,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012;

(C) $4,538,905,700 for fiscal year 2016, $4,629,683,814 for fiscal year 2017, $4,726,907,174 for fiscal year 2018, $4,827,117,606 for fiscal year 2019, and $4,929,452,499 for fiscal year 2020 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

(D) $262,949,400 for fiscal year 2016, $268,208,388 for fiscal year 2017, $273,840,764 for fiscal year 2018, $279,646,188 for fiscal year 2019, and $285,574,688 for fiscal year 2020 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;

(E) $2,000,000 for fiscal year 2016, $3,000,000 for fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000 for fiscal year 2019 and $3,500,000 for fiscal year 2020 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015;

(F) $619,956,000 for fiscal year 2016, $632,355,120 for fiscal year 2017, $645,634,578 for fiscal year 2018, $659,322,031 for fiscal year 2019, and $673,299,658 for fiscal year 2020 shall be available to provide financial assistance for rural areas under section 5311, of which not less than—(i) $35,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5311(c)(1); and

(ii) $20,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5311(c)(2);

(G) $28,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312, of which—(i) $3,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312(h); and

(ii) $5,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312(i);

(H) $9,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5314; of which $5,000,000 shall be available for the national transit institute under section 5314(c);

(I) $3,000,000 for each of fiscal years 2016 through 2020 shall be available for bus testing under section 5318;

(J) $4,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5335;

(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000 for fiscal year 2017, $2,593,703,558 for fiscal year 2018, $2,638,366,859 for fiscal year 2019, and $2,683,798,369 for fiscal year 2020 shall be available to carry out section 5337;

(L) $427,800,000 for fiscal year 2016, $436,356,000 for fiscal year 2017, $445,519,476 for fiscal year 2018, $454,964,489 for fiscal year 2019, and $464,609,736 for fiscal year 2020 shall be available for the bus and buses facilities program under section 5339(a);

(M) $268,000,000 for fiscal year 2016, $283,600,000 for fiscal year 2017, $301,514,000 for fiscal year 2018, $322,059,980 for fiscal year 2019, and $344,044,179 for fiscal year 2020 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $55,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5339(c); and

(N) $536,261,539 for fiscal year 2016, $544,433,788 for fiscal year 2017, $552,783,547 for fiscal year 2018, $561,315,120 for fiscal year 2019 and $570,032,917 for fiscal year 2020, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—(i) $272,297,083 for fiscal year 2016, $279,129,510 for fiscal year 2017, $286,132,747 for fiscal year 2018, $293,311,066 for fiscal year 2019, $300,668,843 for fiscal year 2020 shall be for growing States under section 5340(c); and

(ii) $263,964,457 for fiscal year 2016, $265,304,279 for fiscal year 2017, $266,650,800 for fiscal year 2018, $268,004,054 for fiscal year 2019, $269,364,074 for fiscal year 2020 shall be for high density States under section 5340(d).

(b) Research, Development, Demonstration, and Deployment Program.—There are authorized to be appropriated to carry out section 5312, other than subsections (h) and (i) of that section, $20,000,000 for each of fiscal years 2016 through 2020.

(c) Technical Assistance and Training.—There are authorized to be appropriated to carry out section 5314, $5,000,000 for each of fiscal years 2016 through 2020.

(d) Capital Investment Grants.—There are authorized to be appropriated to carry out section 5309 of this title and section 3005(b) of the Federal Public Transportation Act of 2015, $2,301,785,760 for each of fiscal years 2016 through 2020.

(e) Administration.—(1) In general.—There are authorized to be appropriated to carry out section 5334, $115,016,543 for each of fiscal years 2016 through 2020.

(2) Section 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5329.

(3) Section 5326.—Of the amounts made available under paragraph (2), not less than $2,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5326.

(f) Oversight.—(1) In general.—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):(A) 0.5 percent of amounts made available to carry out section 5305.

(B) 0.75 percent of amounts made available to carry out section 5307.

(C) 1 percent of amounts made available to carry out section 5309.

(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).

(E) 0.5 percent of amounts made available to carry out section 5310.

(F) 0.5 percent of amounts made available to carry out section 5311.

(G) 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.

(H) 0.75 percent of amounts made available to carry out section 5339.

(2) Activities.—The activities described in this paragraph are as follows:(A) Activities to oversee the construction of a major capital project.

(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.

(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

(3) Government share of costs.—The Government shall pay the entire cost of carrying out a contract under this subsection.

(4) Availability of certain funds.—Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

(g) Grants as Contractual Obligations.—(1) Grants financed from highway trust fund.—A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.

(2) Grants financed from general fund.—A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

(h) Availability of Amounts.—Amounts made available by or appropriated under this section shall remain available until expended.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 845; Pub. L. 104–287, § 5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 102–240, § 3049(c), as added Pub. L. 105–130, § 8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, § 3029(a), (c), June 9, 1998, 112 Stat. 368; Pub. L. 105–206, title IX, § 9009(q), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, § 8(c), (e)–(g), (i), (k), Sept. 30, 2003, 117 Stat. 1121–1124; Pub. L. 108–202, § 9(c), (e)–(g), (i), (k), Feb. 29, 2004, 118 Stat. 485–487; Pub. L. 108–224, § 7(c), (e)–(g), (i), (k), Apr. 30, 2004, 118 Stat. 633–636; Pub. L. 108–263, § 7(c), (e)–(g), (i), (k), June 30, 2004, 118 Stat. 704–707; Pub. L. 108–280, § 7(c), (e)–(g), (i), (k), July 30, 2004, 118 Stat. 882–884; Pub. L. 108–310, § 8(c), (e)–(g), (i), (k), Sept. 30, 2004, 118 Stat. 1154–1157; Pub. L. 109–14, § 7(b), (d)–(f), (h), (j), May 31, 2005, 119 Stat. 331–333; Pub. L. 109–20, § 7(b), (d)–(f), (h), (j), July 1, 2005, 119 Stat. 353–355; Pub. L. 109–35, § 7(b), (d)–(f), (h), (j), July 20, 2005, 119 Stat. 386–388; Pub. L. 109–37, § 7(b), (d)–(f), (h), (j), July 22, 2005, 119 Stat. 401–403; Pub. L. 109–40, § 7(b), (d)–(f), (h), (j), July 28, 2005, 119 Stat. 417–419; Pub. L. 109–42, § 5(a), July 30, 2005, 119 Stat. 436; Pub. L. 109–59, title III, § 3036, Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, § 201(n), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, § 436, Mar. 18, 2010, 124 Stat. 90; Pub. L. 111–322, title II, § 2306, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, § 306, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, § 136, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, § 306, Mar. 30, 2012, 126 Stat. 278; Pub. L. 112–140, title III, § 306, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, § 20028, div. G, title III, § 113006, July 6, 2012, 126 Stat. 726, 985; Pub. L. 113–159, title I, § 1203, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, § 1203, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, § 1203, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, § 1203, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, § 1203, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, § 3016, Dec. 4, 2015, 129 Stat. 1479.)

Historical and Revision Notes

Pub. L. 103–272

RevisedSectionSource (U.S. Code)Source (Statutes at Large)

5338(a)49 App.:1617(a) (less availability).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 21; added Jan. 6, 1983, Pub. L. 97–424, § 302(a), 96 Stat. 2140; Apr. 2, 1987, Pub. L. 100–17, § 328, 101 Stat. 238; restated Dec. 18, 1991, Pub. L. 102–240, § 3025, 105 Stat. 2112; Oct. 6, 1992, Pub. L. 102–388, § 502(m)–(q), 106 Stat. 1567.
5338(b)49 App.:1617(b) (less availability).
5338(c)49 App.:1625(d) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 29(d); added Dec. 18, 1991, Pub. L. 102–240, § 6022, 105 Stat. 2185.
5338(d)49 App.:1607c(c)(6).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 11(c)(6); added Dec. 18, 1991, Pub. L. 102–240, § 6024, 105 Stat. 2189; Sept. 23, 1992, Pub. L. 102–368, § 801, 106 Stat. 1131.
5338(e)(1)49 App.:1607c(b) (8)(B)(iii), (13) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 11(b) (8)(B)(iii), (10)(C), (13); added Dec. 18, 1991, Pub. L. 102–240, § 6023, 105 Stat. 2186, 2187, 2188.
5338(e)(2)49 App.:1607c(b) (1)(C).
5338(f)49 App.:1617(g).
5338(g)–(i)49 App.:1617(c) (less availability), (d) (less availability), (e).
5338(j)(1)49 App.:1612(b) (last sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(b) (last sentence); added Oct. 15, 1970, Pub. L. 91–453, § 8, 84 Stat. 968; Aug. 13, 1973, Pub. L. 93–87, § 301(g), 87 Stat. 296; restated Nov. 6, 1978, Pub. L. 95–599, § 311(a), 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, § 317(a), 96 Stat. 2153.
5338(j)(2)49 App.:1612(d).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 16(d); added Oct. 15, 1970, Pub. L. 91–453, § 8, 84 Stat. 968; Dec. 18, 1991, Pub. L. 102–240, § 3021(5), 105 Stat. 2110.
5338(j)(3)49 App.:1603(c) (last sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 4(c) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, § 303(e), 92 Stat. 2739; Dec. 18, 1991, Pub. L. 102–240, § 3006(h)(1), 105 Stat. 2090.
5338(j)(4)49 App.:1617(f) (less availability).
5338(j)(5)49 App.:1602(m) (1st sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(m) (1st sentence); added Dec. 18, 1991, Pub. L. 102–240, § 3009, 105 Stat. 2093.
5338(k)49 App.:1607c(b)(13) (last sentence).
 49 App.:1617(b)(4).
 49 App.:1625(d) (last sentence).
5338(l)(1)49 App.:1614(a) (last sentence).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(a) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2749.
5338(l)(2)49 App.:1617(a)–(d), (f) (as (a)–(d), (f) relate to availability).
5338(l)(3)49 App.:1607a–2(c).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9B(c); added Apr. 2, 1987, Pub. L. 100–17, § 313, 101 Stat. 229.

In this section, references to fiscal year 1992 are omitted as obsolete.
In subsections (a)(1) and (b)(1), before each clause (A), the word “only” is omitted as surplus.
In subsection (a)(1), before clause (A), the words “for the Secretary of Transportation” are added or clarity and consistency.
In subsections (a)(2) and (b)(2), before each clause (A), and (d), before clause (1), the words “to the Secretary” are added for clarity and consistency.
In subsections (b)(1), before clause (A), and (e)(1), the words “for the Secretary” are added for clarity and consistency.
In subsection (d), the text of 49 App.:1607c(c)(6) (last sentence) is omitted as obsolete.
In subsection (e)(1), the word “section” in the source provision is translated as if it were “subsection” to reflect the apparent intent of Congress.
In subsection (h)(3), the words “relating to university transportation centers” are omitted as surplus.
In subsection (j)(2), the words “set aside and” and “exclusively” are omitted as surplus. The word “mass” is added for consistency in this chapter.
In subsection (k)(1), the words “Notwithstanding any other provision of law” in 49 App.:1607c(b)(13) (last sentence) and 1625(d) (last sentence) are omitted as surplus. The words “financed with” are added for clarity.
In subsection (k)(2), the words “that is financed with” are added for clarity.
In subsection (l)(3)(A), the words “for obligation by the recipient”, “a period of”, and “the close of” are omitted as surplus.

Pub. L. 104–287This amends 49:5338(g)(2) to correct an erroneous cross-reference.

References in TextSection 20005(b) of the Federal Public Transportation Act of 2012, referred to in subsec. (a)(1), (2)(B), is section 20005(b) of Pub. L. 112–141, which is set out as a note under section 5303 of this title.
Section 3006(b) of the Federal Public Transportation Act of 2015, referred to in subsec. (a)(1), (2)(E), is section 3006(b) of Pub. L. 114–94, which is set out as a note under section 5310 of this title.
Section 3005(b) of the Federal Public Transportation Act of 2015, referred to in subsec. (d), is section 3005(b) of Pub. L. 114–94, which is set out as a note under section 5309 of this title.
Section 601 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (f)(1)(D), is section 601 of div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4968, which is not classified to the Code.

Amendments2015—Pub. L. 114–94 amended section generally, substituting provisions relating to fiscal years 2016 to 2020 for provisions relating to fiscal years 2013 to 2015.
Subsec. (a)(1). Pub. L. 114–87, § 1203(a)(1), substituted “and $1,526,434,426 for the period beginning on October 1, 2015, and ending on December 4, 2015” for “and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015”.
Pub. L. 114–73, § 1203(a)(1), substituted “and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015” for “and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015”.
Pub. L. 114–41, § 1203(a)(1), substituted “$8,595,000,000 for fiscal year 2015, and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015” for “and $7,158,575,342 for the period beginning on October 1, 2014, and ending on July 31, 2015”.
Pub. L. 114–21, § 1203(a)(1), substituted “and $7,158,575,342 for the period beginning on October 1, 2014, and ending on July 31, 2015” for “and $5,722,150,685 for the period beginning on October 1, 2014, and ending on May 31, 2015”.
Subsec. (a)(2)(A). Pub. L. 114–87, § 1203(a)(2)(A), substituted “and $22,874,317 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(A), substituted “and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(A), substituted “$128,800,000 for fiscal 2015, and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “and $107,274,521 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(A), substituted “and $107,274,521 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $85,749,041 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(B). Pub. L. 114–87, § 1203(a)(2)(B), substituted “and $1,775,956 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(B), substituted “and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(B), substituted “for each of fiscal years 2013 through 2015 and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each of fiscal years 2013 and 2014 and $8,328,767 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(B), substituted “and $8,328,767 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $6,657,534 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(C). Pub. L. 114–87, § 1203(a)(2)(C), substituted “and $791,836,749 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(C), substituted “and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(C), substituted “$4,458,650,000 for fiscal year 2015, and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “and $3,713,505,753 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(C), substituted “and $3,713,505,753 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $2,968,361,507 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(D). Pub. L. 114–87, § 1203(a)(2)(D), substituted “and $45,872,951 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(D), substituted “and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(D), substituted “$258,300,000 for fiscal year 2015, and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “and $215,132,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(D), substituted “and $215,132,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $171,964,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(E). Pub. L. 114–87, § 1203(a)(2)(E), substituted “and $107,942,623 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,”, “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,”, and “and $3,551,913 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(E), substituted “and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015,”, “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,”, and “and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(E), substituted “$607,800,000 for fiscal year 2015, and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “and $506,222,466 for the period beginning on October 1, 2014, and ending on July 31, 2015,”, “$30,000,000 for fiscal year 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,”, and “$20,000,000 for fiscal year 2015, and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “and $16,657,534 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(E), substituted “and $506,222,466 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $404,644,932 for the period beginning on October 1, 2014, and ending on May 31, 2015,”, “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,”, and “and $16,657,534 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $13,315,068 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(F). Pub. L. 114–87, § 1203(a)(2)(F), substituted “and $532,787 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(F), substituted “and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(F), substituted “each of fiscal years 2013 through 2015 and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “each of fiscal years 2013 and 2014 and $2,498,630 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(F), substituted “and $2,498,630 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(G). Pub. L. 114–87, § 1203(a)(2)(G), substituted “and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(G), substituted “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, § 1203(a)(2)(G), substituted “each of fiscal years 2013 through 2015 and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “each of fiscal years 2013 and 2014 and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Pub. L. 114–21, § 1203(a)(2)(G), substituted “and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Subsec. (a)(2)(H). Pub. L. 114–87, § 1203(a)(2)(H), substituted “and $683,743 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Pub. L. 114–73, § 1203(a)(2)(H), substituted “and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $305,055 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Pub. L. 114–41, §
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