[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1758 Enrolled Bill (ENR)]

        H.R.1758

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To revise, codify, and enact without substantive change certain 
general and permanent laws, related to transportation, as subtitles II, 
III, and V-X of title 49, United States Code, ``Transportation'', and to 
make other technical improvements in the Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

       subtitles ii, iii, and v-x of title 49, united states code

    Section 1. (a) 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. ------''.
    (b) Title 49, United States Code, is amended by striking the table 
of subtitles at the beginning of the title and substituting the 
following new table of subtitles:

``Subtitle                                                          Sec.

DEPARTMENT OF TRANSPORTATION.........................................101
OTHER GOVERNMENT AGENCIES...........................................1101
GENERAL AND INTERMODAL PROGRAMS.....................................5101
INTERSTATE COMMERCE................................................10101
RAIL PROGRAMS......................................................20101
MOTOR VEHICLE AND DRIVER PROGRAMS..................................30101
AVIATION PROGRAMS..................................................40101
PIPELINES..........................................................60101
COMMERCIAL SPACE TRANSPORTATION....................................70101
MISCELLANEOUS...................................................80101''.
    (c) Title 49, United States Code, is amended by striking subtitle 
II, except that chapter 31 (comprising sections 3101-3104) of subtitle 
II is redesignated and restated as chapter 315 (comprising sections 
31501-31504) of subtitle VI of title 49, as enacted by subsection (e) 
of this section.
    (d) Title 49, United States Code, is amended by adding the 
following immediately after subtitle I:

                 SUBTITLE II--OTHER GOVERNMENT AGENCIES

Chapter                                                             Sec.

NATIONAL TRANSPORTATION SAFETY BOARD................................1101

            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 and studies.
1117.  Annual report.
1118.  Authorization of appropriations.

                        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.

                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

1151.  Aviation enforcement.
1152.  Joinder and intervention in aviation proceedings.
1153.  Judicial review.
1154.  Discovery and use of cockpit voice and other material.
1155.  Aviation penalties.

                         SUBCHAPTER I--GENERAL

Sec. 1101. Definitions

    Section 40102(a) of this title applies to this chapter.

             SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE

Sec. 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 2 years. 
When the Chairman is absent or unable to serve or when the position of 
Chairman is vacant, the Vice Chairman acts as Chairman.
    (e) Duties and Powers of Chairman.--The Chairman is the chief 
executive and administrative officer of the Board. Subject to the 
general policies and decisions of the Board, the Chairman shall--
        (1) appoint, supervise, and fix the pay of officers and 
    employees necessary to carry out this chapter;
        (2) distribute business among the officers, employees, and 
    administrative units of the Board; and
        (3) supervise the expenditures of the Board.
    (f) Quorum.--Three members of the Board are a quorum in carrying 
out duties and powers of the Board.
    (g) Offices, Bureaus, and Divisions.--The Board shall 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.
    (h) Seal.--The Board shall have a seal that shall be judicially 
recognized.

Sec. 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.

Sec. 1113. Administrative

    (a) General Authority.--(1) The National Transportation Safety 
Board, and when authorized by it, a member of the Board, an 
administrative law judge employed by or assigned to the Board, or an 
officer or employee designated by the Chairman of the Board, may 
conduct hearings to carry out this chapter, administer oaths, and 
require, by subpena or otherwise, necessary witnesses and evidence.
    (2) A witness or evidence in a hearing under paragraph (1) of this 
subsection may be summoned or required to be produced from any place in 
the United States to the designated place of the hearing. A witness 
summoned under this subsection is entitled to the same fee and mileage 
the witness would have been paid in a court of the United States.
    (3) A subpena shall be issued under the signature of the Chairman 
or the Chairman's delegate but may be served by any person designated 
by the Chairman.
    (4) If a person disobeys a subpena, order, or inspection notice of 
the Board, the Board may bring a civil action in a district court of 
the United States to enforce the subpena, order, or notice. An action 
under this paragraph may be brought in the judicial district in which 
the person against whom the action is brought resides, is found, or 
does business. The court may punish a failure to obey an order of the 
court to comply with the subpena, order, or notice as a contempt of 
court.
    (b) Additional Powers.--(1) The Board may--
        (A) procure the temporary or intermittent services of experts 
    or consultants under section 3109 of title 5;
        (B) make agreements and other transactions necessary to carry 
    out this chapter without regard to section 3709 of the Revised 
    Statutes (41 U.S.C. 5);
        (C) use, when appropriate, available services, equipment, 
    personnel, and facilities of a department, agency, or 
    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; and
        (I) 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.
    (2) The Board shall deposit in the Treasury amounts received under 
paragraph (1)(I) of this subsection to be credited to the appropriation 
of the Board.
    (c) Submission of Certain Copies to Congress.--When the Board 
submits to the President or the Director of the Office of Management 
and Budget a budget estimate, budget request, 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.
    (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.

Sec. 1114. Disclosure, availability, and use of information

    (a) General.--Except as provided in subsections (b) and (c) of this 
section, a copy of a record, information, or investigation submitted or 
received by the National Transportation Safety Board, or a member or 
employee of the Board, shall be made available to the public on 
identifiable request and at reasonable cost. This subsection does not 
require the release of information described by section 552(b) of title 
5 or protected from disclosure by another law of the United States.
    (b) Trade Secrets.--(1) The Board may disclose information related 
to a trade secret referred to in section 1905 of title 18 only--
        (A) to another department, agency, or instrumentality of the 
    United States Government when requested for official use;
        (B) to a committee of Congress having jurisdiction over the 
    subject matter to which the information is related, when requested 
    by that committee;
        (C) in a judicial proceeding under a court order that 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.
    (c) Cockpit Voice Recordings and Transcripts.--(1) The Board may 
not disclose publicly any part of a cockpit voice recorder recording or 
transcript of oral communications by and between flight crew members 
and ground stations related to an accident or incident investigated by 
the Board. However, the Board shall make public any part of a 
transcript the Board decides is relevant to the accident or incident--
        (A) if the Board holds a public hearing on the accident or 
    incident, at the time of the hearing; or
        (B) if the Board does not hold a public hearing, at the time a 
    majority of the other factual reports on the accident or incident 
    are placed in the public docket.
    (2) This subsection does not prevent the Board from referring at 
any time to cockpit voice recorder information in making safety 
recommendations.
    (d) Drug Tests.--(1) Notwithstanding section 503(e) of the 
Supplemental Appropriations Act, 1987 (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.

Sec. 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.

Sec. 1116. Reports and studies

    (a) Periodic Reports.--The National Transportation Safety Board 
shall report periodically to Congress, departments, agencies, and 
instrumentalities of the United States 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.

Sec. 1117. Annual report

    The National Transportation Safety Board shall submit a report to 
Congress on July 1 of each year. The report shall include--
        (1) a statistical and 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; and
        (4) an evaluation conducted every 2 years of transportation 
    safety and recommendations for legislative and administrative 
    action and change.

Sec. 1118. Authorization of appropriations

    (a) General.--Not more than $38,800,000 may be appropriated to the 
National Transportation Safety Board for the fiscal year ending 
September 30, 1993, to carry out this chapter.
    (b) Emergency Fund.--The Board has an emergency fund of $1,000,000 
available for necessary expenses of the Board, not 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.

                       SUBCHAPTER III--AUTHORITY

Sec. 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;
        (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 the navigable waters or territorial 
    sea of the United States, or involving a vessel of the United 
    States, under regulations prescribed jointly by the Board and the 
    head of the department in which the Coast Guard is operating; and
        (F) any other accident related to the transportation of 
    individuals or property when the Board decides--
            (i) the accident is catastrophic;
            (ii) the accident involves problems of a recurring 
        character; or
            (iii) the investigation of the accident would carry out 
        this chapter.
    (2) 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.
    (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 may--
        (A) investigate an accident described under subsection (a) or 
    (b) of this section in which misfeasance or nonfeasance by the 
    Government has not been alleged; and
        (B) report the facts and circumstances of the accident to the 
    Board.
    (2) The Board shall use the report in establishing cause or 
probable cause of an accident described under subsection (a) or (b) of 
this section.
    (d) Accident Reports.--The Board shall report on the facts and 
circumstances of each accident investigated by it under subsection (a) 
or (b) of this section. The Board shall make each report available to 
the public at reasonable cost.

Sec. 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.

Sec. 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.

Sec. 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, 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.

Sec. 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 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) Reports to Congress.--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.

                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

Sec. 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), 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), 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), or 1155(a) of this 
title.

Sec. 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.

Sec. 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 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.

Sec. 1154. Discovery and use of cockpit voice and other material

    (a) Transcripts and Recordings.--(1) Except as provided by this 
subsection, a party in a judicial proceeding may not use discovery to 
obtain--
        (A) any part of a cockpit voice recorder transcript that the 
    National Transportation Safety Board has not made available to the 
    public under section 1114(c) of this title; and
        (B) a cockpit voice recorder recording.
    (2)(A) Except as provided in paragraph (4)(A) of this subsection, a 
court may allow discovery by a party of a cockpit voice recorder 
transcript if, after an in camera review of the transcript, the court 
decides that--
        (i) the part of the transcript made available to the public 
    under section 1114(c) of this title does not provide the party with 
    sufficient information for the party to receive a fair trial; and
        (ii) discovery of additional parts of the transcript is 
    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 voice recorder transcript that the Board 
has not made available under section 1114(c) of this title only if the 
cockpit voice recorder recording is not available.
    (3) Except as provided in paragraph (4)(A) of this subsection, a 
court may allow discovery by a party of a cockpit voice recorder 
recording if, after an in camera review of the recording, the court 
decides that--
        (A) the parts of the transcript made available to the public 
    under section 1114(c) of this title and to the party through 
    discovery under paragraph (2) of this subsection do not provide the 
    party with sufficient information for the party to receive a fair 
    trial; and
        (B) discovery of the cockpit voice recorder recording is 
    necessary to provide the party with sufficient information for the 
    party to receive a fair trial.
    (4)(A) When a court allows discovery in a judicial proceeding of a 
part of a cockpit voice recorder transcript not made available to the 
public under section 1114(c) of this title or a cockpit voice recorder 
recording, the court shall issue a protective order--
        (i) to limit the use of the part of the transcript or the 
    recording to the judicial proceeding; and
        (ii) to prohibit dissemination of the part of the transcript or 
    the recording to any person that does not need access to the part 
    of the transcript or the recording for the proceeding.
    (B) A court may allow a part of a cockpit voice recorder transcript 
not made available to the public under section 1114(c) of this title or 
a cockpit voice recorder recording to be admitted into evidence in a 
judicial proceeding, only if the court places the part of the 
transcript or the recording under seal to prevent the use of the part 
of the transcript or the recording for purposes other than for the 
proceeding.
    (5) This subsection does not prevent the Board from referring at 
any time to cockpit voice recorder information in making safety 
recommendations.
    (b) Reports.--No part of a report of the Board, related to an 
accident or an investigation of an accident, may be admitted into 
evidence or used in a civil action for damages resulting from a matter 
mentioned in the report.

Sec. 1155. Aviation penalties

    (a) Civil Penalty.--(1) A person violating section 1132 or 1134(b) 
or (f)(1)(related to an aircraft accident) of this title or a 
regulation prescribed or order issued under either of those sections is 
liable to the United States Government for a civil penalty of not more 
than $1,000. A separate violation occurs for each day a violation 
continues.
    (2) This subsection does not apply to a member of the armed forces 
of the United States or an employee of the Department of Defense 
subject to the Uniform Code of Military Justice when the member or 
employee is performing official duties. The 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.

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

Chapter                                                             Sec.

TRANSPORTATION OF HAZARDOUS MATERIAL................................5101
MASS TRANSPORTATION.................................................5301
INTERMODAL TRANSPORTATION...........................................5501
SANITARY FOOD TRANSPORTATION........................................5701
INTERMODAL SAFE CONTAINER TRANSPORTATION............................5901

            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

Sec.
5101.  Purpose.
5102.  Definitions.
5103.  General regulatory authority.
5104.  Representation and tampering.
5105.  Transporting certain 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.  Rail tank cars.
5112.  Highway routing of hazardous material.
5113.  Unsatisfactory safety rating.
5114.  Air transportation of ionizing radiation material.
5115.  Training curriculum for the public sector.
5116.  Planning and training grants, monitoring, and review.
5117.  Exemptions and exclusions.
5118.  Inspectors.
5119.  Uniform forms and procedures.
5120.  International uniformity of standards and requirements.
5121.  Administrative.
5122.  Enforcement.
5123.  Civil penalty.
5124.  Criminal penalty.
5125.  Preemption.
5126.  Relationship to other laws.
5127.  Authorization of appropriations.

Sec. 5101. Purpose

    The purpose of this chapter is to provide adequate protection 
against the risks to life and property inherent in the transportation 
of hazardous material in commerce by improving the regulatory and 
enforcement authority of the Secretary of Transportation.

Sec. 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; or
            (B) that affects trade or transportation between a place in 
        a State and a place outside of the State.
        (2) ``hazardous material'' means a substance or material the 
    Secretary of Transportation designates under section 5103(a) of 
    this title.
        (3) ``hazmat employee''--
            (A) means an individual--
                (i) employed by a hazmat employer; and
                (ii) who during the course of employment directly 
            affects hazardous material transportation safety as the 
            Secretary decides by regulation;
            (B) includes an owner-operator of a motor vehicle 
        transporting hazardous material in commerce; and
            (C) includes an individual, employed by a hazmat employer, 
        who during the course of employment--
                (i) loads, unloads, or handles hazardous material;
                (ii) manufactures, reconditions, or tests containers, 
            drums, and packages represented as qualified for use in 
            transporting hazardous material;
                (iii) prepares hazardous material for 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 using at least one employee of that 
        person in connection with--
                (i) transporting hazardous material in commerce;
                (ii) causing hazardous material to be transported in 
            commerce; or
                (iii) manufacturing, reconditioning, or testing 
            containers, drums, and packages represented as qualified 
            for use in transporting hazardous material;
            (B) includes an owner-operator of a motor vehicle 
        transporting hazardous material in commerce; and
            (C) includes a department, agency, or instrumentality of 
        the United States Government, or an authority of a State, 
        political subdivision of a State, or Indian tribe, carrying out 
        an activity described in subclause (A)(i), (ii), or (iii) of 
        this clause (4).
        (5) ``imminent hazard'' means the existence of a condition that 
    presents a substantial likelihood that death, serious 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).
        (7) ``motor carrier'' means a motor common carrier, motor 
    contract carrier, motor private carrier, and freight forwarder as 
    those terms are defined in section 10102 of this title.
        (8) ``national response team'' means the national response team 
    established under the national contingency plan 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 offering hazardous material for 
        transportation in commerce or transporting hazardous material 
        to further a commercial enterprise; but
            (B) does not include--
                (i) the United States Postal Service; and
                (ii) in sections 5123 and 5124 of this title, a 
            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) ``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.
        (12) ``transports'' or ``transportation'' means the movement of 
    property and loading, unloading, or storage incidental to the 
    movement.
        (13) ``United States'' means all of the States.

Sec. 5103. General regulatory authority

    (a) Designating Material as Hazardous.--The Secretary of 
Transportation shall designate material (including an explosive, 
radioactive material, etiologic agent, flammable or combustible liquid 
or solid, poison, oxidizing or corrosive material, and compressed gas) 
or a group or class of material as hazardous when the Secretary decides 
that transporting the material in commerce in a particular amount and 
form may pose an unreasonable risk to health and safety or property.
    (b) Regulations for Safe Transportation.--(1) The Secretary shall 
prescribe regulations for the safe transportation of hazardous material 
in intrastate, interstate, and foreign commerce. The regulations--
        (A) apply to a person--
            (i) transporting hazardous material in commerce;
            (ii) causing hazardous material to be transported in 
        commerce; or
            (iii) manufacturing, fabricating, marking, maintaining, 
        reconditioning, repairing, or testing a package or container 
        that is represented, marked, certified, or sold by that person 
        as qualified for use in transporting hazardous material in 
        commerce; and
        (B) shall govern safety aspects of the transportation of 
    hazardous material the Secretary considers appropriate.
    (2) A proceeding to prescribe the regulations must include an 
opportunity for informal oral presentations.

Sec. 5104. Representation and tampering

    (a) Representation.--A person may represent, by marking or 
otherwise, that--
        (1) a container or package for transporting hazardous material 
    is safe, certified, or complies with this chapter only if the 
    container or package meets the requirements of each 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.--A person may not alter, remove, destroy, or 
otherwise tamper unlawfully with--
        (1) a marking, label, placard, or description on a document 
    required under this chapter or a regulation prescribed under this 
    chapter; or
        (2) a package, container, motor vehicle, rail freight car, 
    aircraft, or vessel used to transport hazardous material.

Sec. 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 of Transportation 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 of Transportation shall submit to Congress not 
later than November 16, 1991, a report on the results of the study.
    (c) Safe Rail Transportation Regulations.--Not later than November 
16, 1992, after considering the results of the study conducted under 
subsection (b) of this section, the Secretary of Transportation shall 
prescribe amendments to existing regulations that the Secretary 
considers appropriate to provide for the safe rail transportation of 
high-level radioactive waste and spent nuclear fuel, including trains 
operated only for transporting high-level radioactive waste and spent 
nuclear fuel.
    (d) Routes and Modes Study.--Not later than November 16, 1991, the 
Secretary of Transportation shall conduct a study to decide which 
factors, if any, shippers and carriers should consider when selecting 
routes and modes that would enhance overall public safety related to 
the transportation of high-level radioactive waste and spent nuclear 
fuel. The study shall include--
        (1) notice and opportunity for public comment; and
        (2) an assessment of the degree to which at least the following 
    affect the overall public safety of the transportation:
            (A) population densities.
            (B) types and conditions of modal infrastructures 
        (including highways, railbeds, and waterways).
            (C) quantities of high-level radioactive waste and spent 
        nuclear fuel.
            (D) emergency response capabilities.
            (E) exposure and other risk factors.
            (F) terrain considerations.
            (G) continuity of routes.
            (H) available alternative routes.
            (I) environmental impact factors.
    (e) Inspections of Motor Vehicles Transporting Certain Material.--
(1) Not later than November 16, 1991, the Secretary of Transportation 
shall require by regulation that before each use of a motor vehicle to 
transport a highway-route-controlled quantity of radioactive material 
in commerce, the vehicle shall be inspected and certified as complying 
with this chapter and applicable United States motor carrier safety 
laws and regulations. The Secretary may require that the inspection be 
carried out by an authorized United States Government inspector or 
according to appropriate State procedures.
    (2) The Secretary of Transportation may allow a person, 
transporting or causing to be transported a highway-route-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.

Sec. 5106. Handling criteria

    The Secretary of Transportation 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.

Sec. 5107. Hazmat employee training requirements and grants

    (a) Training Requirements.--The Secretary of Transportation shall 
prescribe by regulation requirements for training that a hazmat 
employer must give hazmat employees of the employer on the safe 
loading, unloading, handling, storing, and transporting of hazardous 
material and emergency preparedness for responding to an accident or 
incident involving the 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 of Transportation 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 of 
Transportation 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 of Transportation shall ensure that 
the training requirements prescribed under this section do not conflict 
with--
        (1) the requirements of regulations the Secretary of Labor 
    prescribes related to hazardous waste operations and 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.--In consultation with the Secretaries of 
Transportation and Labor and the Administrator, the Director of the 
National Institute of Environmental Health Sciences may make grants to 
train hazmat employees under this section. A grant under this 
subsection shall be made to a nonprofit organization that 
demonstrates--
        (1) expertise in conducting a training program for hazmat 
    employees; and
        (2) the ability to reach and involve in a training program a 
    target population of hazmat employees.
    (f) Relationship to Other Laws.--(1) Chapter 35 of title 44 does 
not apply to an activity of the Secretary of Transportation under 
subsections (a)-(d) of this section.
    (2) An action of the Secretary of Transportation under subsections 
(a)-(d) of this section and sections 5106, 5108(a)-(g)(1) and (h), and 
5109 of this title is not an exercise, under section 4(b)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of 
statutory authority to prescribe or enforce standards or regulations 
affecting occupational safety or health.

Sec. 5108. Registration

    (a) Persons Required to File.--(1) A person shall file a 
registration statement with the Secretary of Transportation 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 class A or B explosive in a 
    motor vehicle, rail car, or transport container.
        (C) more than one liter in each package of a hazardous material 
    the Secretary designates as extremely toxic by inhalation.
        (D) hazardous material in a bulk package, container, or tank, 
    as defined by the Secretary, if the package, container, or tank has 
    a capacity of at least 3,500 gallons or more than 468 cubic feet.
        (E) a shipment of at least 5,000 pounds (except in a bulk 
    packaging) of a class of hazardous material for which placarding of 
    a vehicle, rail car, or freight container is required under 
    regulations prescribed under this chapter.
    (2) The Secretary of Transportation may require any of the 
following persons to file a registration statement with the Secretary 
under this subsection:
        (A) a person transporting or causing to be transported 
    hazardous material in commerce and not required to file a 
    registration statement under paragraph (1) of this subsection.
        (B) a person manufacturing, fabricating, marking, maintaining, 
    reconditioning, repairing, or testing a package or container the 
    person represents, marks, certifies, or sells for use in 
    transporting in commerce hazardous material the Secretary 
    designates.
    (3) A person required to file a registration statement under this 
subsection may transport or cause to be transported, or manufacture, 
fabricate, mark, maintain, recondition, repair, or test a package or 
container for use in transporting, hazardous material, only if the 
person has a statement on file as required by this subsection.
    (b) Form, Contents, and Limitation on Filings.--(1) A registration 
statement under subsection (a) of this section shall be in the form and 
contain information the Secretary of Transportation requires by 
regulation. The Secretary may use existing forms of the Department of 
Transportation and the Environmental 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 the activity.
    (2) A person carrying out more than one activity, or an activity at 
more than one location, for which filing is required only has to file 
one registration statement to comply with subsection (a) of this 
section.
    (c) Filing Deadlines and Amendments.--(1) Each person required to 
file a registration statement under subsection (a) of this section must 
file the first statement not later than March 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.
    (d) Simplifying the Registration Process.--The Secretary of 
Transportation 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 of 
Transportation 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 of Transportation 
shall make a registration statement filed under subsection (a) of this 
section available for inspection by any person for a fee the Secretary 
establishes. However, this subsection does not require the release of 
information described in section 552(f) of title 5 or otherwise 
protected by law from disclosure to the public.
    (g) Fees.--(1) The Secretary of Transportation may establish, 
impose, and collect from a person required to file a registration 
statement under subsection (a) of this section a fee necessary to pay 
for the costs of the Secretary in processing the statement.
    (2)(A) In addition to a fee established under paragraph (1) of this 
subsection, the Secretary of Transportation shall establish and impose 
by regulation and collect an annual fee. Subject to subparagraph (B) of 
this paragraph, the fee shall be at least $250 but not more than $5,000 
from each person required to file a registration statement under this 
section. The Secretary shall 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 
    5107(e), 5108(g)(2), 5115, and 5116 of this title.
        (ix) other factors the Secretary considers appropriate.
    (B) The Secretary of Transportation shall adjust the amount being 
collected under this paragraph to reflect any unexpended balance in the 
account established under section 5116(i) of this title. However, the 
Secretary is not required to refund any fee collected under this 
paragraph.
    (C) The Secretary of Transportation shall transfer to the Secretary 
of the Treasury amounts the Secretary of Transportation collects under 
this paragraph for deposit in the account the Secretary of the Treasury 
establishes under section 5116(i) of this title.
    (h) Maintaining Proof of Filing and Payment of Fees.--The Secretary 
of Transportation may prescribe regulations requiring a person required 
to file a registration statement under subsection (a) of this section 
to maintain proof of the filing and payment of fees imposed under 
subsection (g) of this section.
    (i) Relationship to Other Laws.--(1) Chapter 35 of title 44 does 
not apply to an activity of the Secretary of Transportation under 
subsections (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, or an 
employee of a department, agency, instrumentality, or authority 
carrying out official duties.

Sec. 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 of Transportation 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) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section not later than November 16, 1991.

Sec. 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 of Transportation apply shall 
provide to the carrier providing the transportation a shipping paper 
that makes the disclosures the Secretary prescribes under subsection 
(b) of this section.
    (b) Considerations and Requirements.--In carrying out subsection 
(a) of this section, the Secretary shall consider and may require--
        (1) a description of the hazardous material, including the 
    proper shipping name;
        (2) the hazard class of the hazardous material;
        (3) the identification number (UN/NA) of the hazardous 
    material;
        (4) immediate first action emergency response information or a 
    way for appropriate reference to the information (that must be 
    available immediately); and
        (5) a telephone number for obtaining more specific handling and 
    mitigation information about the hazardous material at any time 
    during which the material is transported.
    (c) Keeping Shipping Papers on the Vehicle.--(1) A motor carrier, 
and the person offering the hazardous material for 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.
    (d) 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.

Sec. 5111. Rail tank cars

    A rail tank car built before January 1, 1971, may be used to 
transport hazardous material in commerce only if the air brake 
equipment support attachments of the car comply with the standards for 
attachments contained in sections 179.100-16 and 179.200-19 of title 
49, Code of Federal Regulations, in effect on November 16, 1990.

Sec. 5112. Highway routing of hazardous material

    (a) Application.--(1) This section applies to a motor vehicle only 
if the vehicle is transporting hazardous material in commerce for which 
placarding of the vehicle is required under regulations prescribed 
under this chapter. However, the Secretary of Transportation 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.--In coordination with the States, 
the Secretary shall update and publish periodically a list of currently 
effective hazardous material highway route designations.
    (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.

Sec. 5113. Unsatisfactory safety rating

    (a) Prohibited Transportation.--A motor carrier receiving an 
unsatisfactory safety rating from the Secretary of Transportation has 
45 days to improve the rating to conditional or satisfactory. Beginning 
on the 46th day and until the motor carrier receives a conditional or 
satisfactory rating, a motor carrier not having received a conditional 
or satisfactory rating during the 45-day period may not operate a 
commercial motor vehicle (as defined in section 31132 of this title)--
        (1) to transport hazardous material for which placarding of a 
    motor vehicle is required under regulations prescribed under this 
    chapter; or
        (2) to transport more than 15 individuals.
    (b) Rating Review.--The Secretary shall review the factors that 
resulted in a motor carrier receiving an unsatisfactory rating not 
later than 30 days after the motor carrier requests a review.
    (c) Prohibited Government Use.--A department, agency, or 
instrumentality of the United States Government may not use a motor 
carrier that has an unsatisfactory rating from the Secretary--
        (1) to transport hazardous material for which placarding of a 
    motor vehicle is required under regulations prescribed under this 
    chapter; or
        (2) to transport more than 15 individuals.
    (d) Public Availability and Updating of Ratings.--The Secretary, in 
consultation with the Interstate Commerce Commission, shall prescribe 
regulations amending the motor carrier safety regulations in subchapter 
B of chapter III of title 49, Code of Federal Regulations, to establish 
a system to make readily available to the public, and update 
periodically, the safety ratings of motor carriers that have 
unsatisfactory ratings from the Secretary.

Sec. 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 of Transportation 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.

Sec. 5115. Training curriculum for the public sector

    (a) Development and Updating.--Not later than November 16, 1992, in 
coordination with the Director of the Federal Emergency Management 
Agency, Chairman of the Nuclear Regulatory 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. 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 developed 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 basic courses and minimum number of hours 
        of instruction necessary for public sector employees to be able 
        to respond safely and efficiently to an accident or incident 
        involving the transportation of hazardous material and to plan 
        those responses; and
            (C) appropriate emergency response training and planning 
        programs for public sector employees developed under other 
        United States Government grant programs, including those 
        developed with grants made under section 126 of the Superfund 
        Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); 
        and
        (2) may include recommendations on material appropriate for use 
    in a recommended basic course described in clause (1)(B) of this 
    subsection.
    (c) Training on Complying With Legal Requirements.--A recommended 
basic course described in subsection (b)(1)(B) of this section shall 
provide the training necessary for public sector employees to comply 
with--
        (1) regulations related to hazardous waste operations and 
    emergency response contained in part 1910 of title 29, Code of 
    Federal Regulations, prescribed by the Secretary of Labor;
        (2) regulations related to worker protection standards for 
    hazardous waste operations contained in part 311 of title 40, Code 
    of Federal Regulations, prescribed by the Administrator; and
        (3) standards related to emergency response training prescribed 
    by the National Fire Protection Association.
    (d) Distribution and Publication.--With the national response 
team--
        (1) the Director of the Federal Emergency Management Agency 
    shall distribute the curriculum and any updates to the curriculum 
    to the regional response teams and all 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 of Transportation may publish a list of 
    programs that uses a course developed under this section for 
    training public sector employees to respond to an accident or 
    incident involving the transportation of hazardous material.

Sec. 5116. Planning and training grants, monitoring, and review

    (a) Planning Grants.--(1) The Secretary of Transportation shall 
make grants to States--
        (A) to develop, improve, and carry out emergency plans under 
    the Emergency Planning and Community Right-To-Know Act of 1986 (42 
    U.S.C. 11001 et seq.), including ascertaining flow patterns of 
    hazardous material in a State and between States; and
        (B) to decide on the need for a regional hazardous material 
    emergency response team.
    (2) The Secretary of Transportation may make a grant to a State 
under paragraph (1) of this subsection in a fiscal year only if the 
State--
        (A) certifies that the total amount the State expends (except 
    amounts of the United States Government) to develop, improve, and 
    carry out emergency plans under the Act will at least equal the 
    average level of expenditure for the last 2 fiscal years; and
        (B) agrees to make available at least 75 percent of the amount 
    of the grant under paragraph (1) of this subsection in the fiscal 
    year to local emergency planning committees established under 
    section 301(c) of the Act (42 U.S.C. 11001(c)) to develop emergency 
    plans under the Act.
    (b) Training Grants.--(1) The Secretary of Transportation shall 
make grants to States and Indian tribes to train public sector 
employees to respond to accidents and incidents involving hazardous 
material.
    (2) The Secretary of Transportation may make a grant under 
paragraph (1) of this subsection in a fiscal year--
        (A) to a State or Indian tribe only if the State or tribe 
    certifies that the total amount the State or tribe expends (except 
    amounts of the Government) to train public sector employees to 
    respond to an accident or incident involving hazardous material 
    will at least equal the average level of expenditure for the last 2 
    fiscal years;
        (B) to a State or Indian tribe only if the State or tribe makes 
    an agreement with the Secretary that the State or tribe will use in 
    that fiscal year, for training public sector employees to respond 
    to an accident or incident involving hazardous material--
            (i) a course developed or identified under section 5115 of 
        this title; or
            (ii) another course the Secretary decides is consistent 
        with the objectives of this section; and
        (C) to a State only if the State agrees to make available at 
    least 75 percent of the amount of the grant under paragraph (1) of 
    this subsection in the fiscal year for training public sector 
    employees a political subdivision of the State employs or uses.
    (3) A grant under this subsection may be used--
        (A) to pay--
            (i) the tuition costs of public sector employees being 
        trained;
            (ii) travel expenses of those employees to and from the 
        training facility;
            (iii) room and board of those employees when at the 
        training facility; and
            (iv) travel expenses of individuals providing the training;
        (B) by the State, political subdivision, or Indian tribe to 
    provide the training; and
        (C) to make an agreement the Secretary of Transportation 
    approves authorizing a person (including an authority of a State or 
    political subdivision of a State or Indian tribe) to provide the 
    training--
            (i) if the agreement allows the Secretary and the State or 
        tribe to conduct random examinations, inspections, and audits 
        of the training without prior notice; and
            (ii) if the State or tribe conducts at least one on-site 
        observation of the training each year.
    (4) The Secretary of Transportation shall allocate amounts made 
available for grants under this subsection for a fiscal year among 
eligible States and Indian tribes based on the needs of the States and 
tribes for emergency response training. In making a decision about 
those needs, the Secretary shall consider--
        (A) the number of hazardous material facilities in the State or 
    on land under the jurisdiction of the tribe;
        (B) the types and amounts of hazardous material transported in 
    the State or on that land;
        (C) whether the State or tribe imposes and collects a fee on 
    transporting hazardous material;
        (D) whether the fee is used only to carry out a purpose related 
    to transporting hazardous material; and
        (E) other factors the Secretary decides are appropriate to 
    carry out this subsection.
    (c) Compliance With Certain Law.--The Secretary of Transportation 
may make a grant to a State under this section in a fiscal year only if 
the State certifies that the State complies with sections 301 and 303 
of the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11001, 11003).
    (d) Applications.--A State or Indian tribe interested in receiving 
a grant under this section shall submit an application to the Secretary 
of Transportation. The application must be submitted at the time, and 
contain information, the Secretary requires by regulation to carry out 
the objectives of this section.
    (e) Government's Share of Costs.--A grant under this section is for 
80 percent of the cost the State or Indian tribe incurs in the fiscal 
year to carry out the activity for which the grant is made. Amounts of 
the State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this 
section are not part of the non-Government share under this subsection.
    (f) Monitoring and Technical Assistance.--In coordination with the 
Secretaries of Transportation and Energy, Administrator of the 
Environmental Protection Agency, and Director of the National Institute 
of Environmental Health Sciences, the Director of the Federal Emergency 
Management Agency shall monitor public sector emergency response 
planning and training for an accident or incident involving hazardous 
material. Considering the results of the monitoring, the Secretaries, 
Administrator, and Directors 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.
    (g) Delegation of Authority.--To minimize administrative costs and 
to coordinate Government grant programs for emergency response training 
and planning, the Secretary of Transportation may delegate to the 
Directors of the Federal Emergency Management Agency and 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.
    (h) Minimizing Duplication of Effort and Expenses.--The Secretaries 
of Transportation, Labor, and Energy, Directors of the Federal 
Emergency Management Agency and National Institute of Environmental 
Health Sciences, Chairman of the Nuclear 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.
    (i) Annual Registration Fee Account and Its Uses.--The Secretary of 
the Treasury shall establish an account in the Treasury into which the 
Secretary of the Treasury shall deposit amounts the Secretary of 
Transportation collects under section 5108(g)(2)(A) of this title and 
transfers to the Secretary of the Treasury under section 5108(g)(2)(C) 
of this title. Without further appropriation, amounts in the account 
are available--
        (1) to make grants under this section and section 5107(e) of 
    this title;
        (2) to monitor and provide technical assistance under 
    subsection (f) of this section; and
        (3) to pay administrative costs of carrying out this section 
    and sections 5107(e), 5108(g)(2), and 5115 of this title, except 
    that not more than 10 percent of the amounts made available from 
    the account in a fiscal year may be used to pay those costs.

Sec. 5117. Exemptions and exclusions

    (a) Authority To Exempt.--(1) As provided under procedures 
prescribed by regulation, the Secretary of Transportation may issue an 
exemption from this chapter or a regulation prescribed under section 
5103(b), 5104, 5110, or 5112 of this title to a person transporting, or 
causing to be transported, hazardous material in a way that achieves a 
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) An exemption under this subsection is effective for not more 
than 2 years and may be renewed on application to the Secretary.
    (b) Applications.--When applying for an exemption or renewal of an 
exemption under this section, the person must provide a safety analysis 
prescribed by the Secretary that justifies the exemption. The Secretary 
shall publish in the Federal Register notice that an application for an 
exemption has been filed and shall give the public an opportunity to 
inspect the safety analysis and comment on the application. This 
subsection does not require the release of information protected by law 
from public disclosure.
    (c) Exclusions.--(1) The Secretary shall exclude, in any part, from 
this chapter and regulations prescribed under this chapter--
        (A) a public vessel (as defined in section 2101 of title 46);
        (B) a vessel exempted under section 3702 of title 46 from 
    chapter 37 of title 46; and
        (C) a vessel to the extent it is regulated under the Ports and 
    Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.).
    (2) This chapter and regulations prescribed under this chapter do 
not prohibit--
        (A) or regulate transportation of a firearm (as defined in 
    section 232 of title 18), or ammunition for a firearm, by an 
    individual for personal use; or
        (B) transportation of a firearm or ammunition in commerce.
    (d) Limitation on Authority.--Unless the Secretary decides that an 
emergency exists, an exemption or renewal granted under this section is 
the only way a person subject to this chapter may be exempt from this 
chapter.

Sec. 5118. Inspectors

    (a) General Requirement.--The Secretary of Transportation shall 
maintain the employment of 30 hazardous material safety inspectors more 
than the total number of safety inspectors authorized for the fiscal 
year that ended September 30, 1990, for the Federal Railroad 
Administration, the Federal Highway Administration, and the Research 
and Special Programs Administration.
    (b) Allocation To Promote Safety in Transporting Radioactive 
Material.--(1) The Secretary shall ensure that 10 of the 30 additional 
inspectors focus on promoting safety in transporting radioactive 
material, as defined by the Secretary, including inspecting--
        (A) at the place of origin, shipments of high-level radioactive 
    waste or nuclear spent material (as those terms are defined in 
    section 5105(a) of this title); and
        (B) to the maximum extent practicable shipments of radioactive 
    material that are not high-level radioactive waste or nuclear spent 
    material.
    (2) In carrying out their duties, those 10 additional inspectors 
shall cooperate to the greatest extent possible with safety inspectors 
of the Nuclear Regulatory Commission and appropriate State and local 
government officials.
    (3) Those 10 additional inspectors shall be allocated as follows:
        (A) one to the Research and Special Programs Administration.
        (B) 3 to the Federal Railroad Administration.
        (C) 3 to the Federal Highway Administration.
        (D) the other 3 among the administrations referred to in 
    clauses (A)-(C) of this paragraph as the Secretary decides.
    (c) Allocation of Other Inspectors.--The Secretary shall allocate, 
as the Secretary decides, the 20 additional inspectors authorized under 
this section and not allocated under subsection (b) of this section 
among the administrations referred to in subsection (b)(3)(A)-(C) of 
this section.

Sec. 5119. Uniform forms and procedures

    (a) Working Group.--The Secretary of Transportation shall establish 
a working group of State and local government officials, including 
representatives of the National Governors' Association, the National 
Association of Counties, the National League of Cities, the United 
States Conference of Mayors, and the National Conference of State 
Legislatures. The purposes of the working group are--
        (1) to establish uniform forms and procedures for a State--
            (A) to register persons that transport or cause to be 
        transported hazardous material by motor vehicle in the State; 
        and
            (B) to allow the transportation of hazardous material in 
        the State; and
        (2) to decide whether to limit the filing of any State 
    registration and permit forms and collection of filing fees to the 
    State in which the person resides or has its principal place of 
    business.
    (b) Consultation and Reporting.--The working group--
        (1) shall consult with persons subject to registration and 
    permit requirements described in subsection (a) of this section; 
    and
        (2) not later than November 16, 1993, shall submit to the 
    Secretary, the Committee on Commerce, Science, and Transportation 
    of the Senate, and the Committee on Public Works and Transportation 
    of the House of Representatives a final report that contains--
            (A) a detailed statement of its findings and conclusions; 
        and
            (B) its joint recommendations on the matters referred to in 
        subsection (a) of this section.
    (c) Regulations on Recommendations.--(1) The Secretary shall 
prescribe regulations to carry out the recommendations contained in the 
report submitted under subsection (b) of this section with which the 
Secretary agrees. The regulations shall be prescribed by the later of 
the last day of the 3-year period beginning on the date the working 
group submitted its report or the last day of the 90-day period 
beginning on the date on which at least 26 States adopt all of the 
recommendations of the report. A regulation prescribed under this 
subsection may not define or limit the amount of a fee a State may 
impose or collect.
    (2) A regulation prescribed under this subsection takes effect one 
year after it is prescribed. The Secretary may extend the one-year 
period for an additional year for good cause. After a regulation is 
effective, a State may establish, maintain, or enforce a requirement 
related to the same subject matter only if the requirement is the same 
as the regulation.
    (3) In consultation with the working group, the Secretary shall 
develop a procedure to eliminate differences in how States carry out a 
regulation prescribed under this subsection.
    (d) Relationship to Other Laws.--The Federal Advisory Committee Act 
(5 App. U.S.C.) does not apply to the working group.

Sec. 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 of Transportation 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 related to 
transporting hazardous material that international authorities adopt.
    (c) Differences With International Standards and Requirements.--
This section--
        (1) does not require the Secretary of Transportation to 
    prescribe a standard identical to a standard adopted by an 
    international authority if the Secretary decides the standard is 
    unnecessary or unsafe; and
        (2) does not prohibit the Secretary from prescribing a safety 
    requirement more stringent than a requirement included in a 
    standard adopted by an international authority if the Secretary 
    decides the requirement is necessary in the public interest.

Sec. 5121. Administrative

    (a) General Authority.--To carry out this chapter, the Secretary of 
Transportation may investigate, make reports, issue subpenas, conduct 
hearings, require the production of records and property, take 
depositions, and conduct research, development, demonstration, and 
training activities. After notice and an opportunity for a hearing, the 
Secretary may issue an order requiring compliance with this chapter or 
a regulation prescribed under this chapter.
    (b) Records, Reports, and Information.--A person subject to this 
chapter shall--
        (1) maintain records, make reports, and provide information the 
    Secretary by regulation or order requires; and
        (2) make the records, reports, and information available when 
    the Secretary requests.
    (c) Inspection.--(1) The Secretary may authorize an officer, 
employee, or agent to inspect, at a reasonable time and in a reasonable 
way, records and property related to--
        (A) manufacturing, fabricating, marking, maintaining, 
    reconditioning, repairing, testing, or distributing a package or 
    container for use by a person in transporting hazardous 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.
    (d) 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.
    (e) Annual Report.--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. 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 exemptions;
        (3) a summary of the basis for each exemption;
        (4) an evaluation of the effectiveness of enforcement 
    activities 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.

Sec. 5122. Enforcement

    (a) General.--At the request of the Secretary of Transportation, 
the Attorney General may bring a civil action in an appropriate 
district court of the United States to enforce this chapter or a 
regulation prescribed or order issued under this chapter. The court may 
award appropriate relief, including punitive damages.
    (b) Imminent Hazards.--(1) If the Secretary has reason to believe 
that an imminent hazard exists, the Secretary may bring a civil action 
in an appropriate district court of the United States--
        (A) to suspend or restrict the transportation of the hazardous 
    material responsible for the hazard; or
        (B) to eliminate or ameliorate the hazard.
    (2) On request of the Secretary, the Attorney General shall bring 
an action under paragraph (1) of this subsection.

Sec. 5123. Civil penalty

    (a) Penalty.--(1) A person that knowingly violates this chapter or 
a regulation prescribed or order issued under this chapter is liable to 
the United States Government for a civil penalty of at least $250 but 
not more than $25,000 for each violation. A person acts knowingly 
when--
        (A) the person has actual knowledge of the facts giving rise to 
    the violation; or
        (B) a reasonable person acting in the circumstances and 
    exercising reasonable care would have that knowledge.
    (2) A separate violation occurs for each day the violation, 
committed by a person that transports or causes to be transported 
hazardous material, continues.
    (b) Hearing Requirement.--The Secretary of Transportation may find 
that a person has violated this chapter or a regulation prescribed 
under this chapter only after notice and an opportunity for a hearing. 
The Secretary shall impose a penalty under this section by giving the 
person written notice of the amount of the penalty.
    (c) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
        (1) the nature, circumstances, extent, and gravity of the 
    violation;
        (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.
    (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.

Sec. 5124. Criminal penalty

    A person knowingly violating section 5104(b) of this title or 
willfully violating this chapter or a regulation prescribed or order 
issued under this chapter shall be fined under title 18, imprisoned for 
not more than 5 years, or both.

Sec. 5125. Preemption

    (a) General.--Except as provided in subsections (b), (c), and (e) 
of this section, a requirement of a State, political subdivision of a 
State, or Indian tribe is preempted if--
        (1) complying with a requirement of the State, political 
    subdivision, or tribe and a requirement of this chapter or a 
    regulation prescribed under this chapter is not possible; or
        (2) the requirement of the State, political subdivision, or 
    tribe, as applied or enforced, is an obstacle to accomplishing and 
    carrying out this chapter or a regulation prescribed under this 
    chapter.
    (b) Substantive Differences.--(1) Except as provided in subsection 
(c) of this section, 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 or a regulation prescribed under this 
chapter, is preempted:
        (A) the designation, description, and classification of 
    hazardous material.
        (B) the packing, repacking, handling, labeling, marking, and 
    placarding of hazardous material.
        (C) the preparation, execution, and use of shipping 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.
        (E) the design, manufacturing, fabricating, marking, 
    maintenance, reconditioning, repairing, or testing of a package or 
    container represented, marked, certified, or sold as qualified for 
    use in transporting hazardous material.
    (2) If the Secretary of Transportation prescribes or has 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 
after November 16, 1990. However, 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).
    (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. The Secretary shall publish notice 
of the application in the Federal Register. After notice is published, 
an applicant may not seek judicial relief on the same or substantially 
the same issue until the Secretary takes final action on the 
application or until 180 days after the application is filed, whichever 
occurs first.
    (2) After consulting with States, political subdivisions of States, 
and Indian tribes, the Secretary shall prescribe regulations for 
carrying out paragraph (1) of this subsection.
    (3) Subsection (a) of this section does not prevent a State, 
political subdivision of a State, or Indian tribe, or another person 
directly affected by a requirement, from seeking a decision on 
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. Under a procedure the Secretary prescribes by regulation, the 
Secretary may waive preemption on deciding the requirement--
        (1) provides the public at least as much protection as do 
    requirements of this chapter and regulations prescribed under this 
    chapter; and
        (2) is not an unreasonable burden on commerce.
    (f) Judicial Review.--A party to a proceeding under subsection (d) 
or (e) of this section may bring a civil action in an appropriate 
district court of the United States for judicial review of the decision 
of the Secretary not later than 60 days after the decision becomes 
final.
    (g) Fees.--A State, political subdivision of a State, or Indian 
tribe may impose a fee related to transporting hazardous material only 
if the fee is fair and used for a purpose related to transporting 
hazardous material, including enforcement and planning, developing, and 
maintaining a capability for emergency response.

Sec. 5126. Relationship to other laws

    (a) Contracts.--A person under contract with a department, agency, 
or instrumentality of the United States Government that transports or 
causes to be transported hazardous material, or manufactures, 
fabricates, marks, maintains, reconditions, repairs, or tests a package 
or container that the person represents, marks, certifies, or sells as 
qualified for use in transporting hazardous material must comply with 
this chapter, regulations prescribed and orders issued under this 
chapter, and all other requirements of the 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, manufacturing, fabricating, 
marking, maintenance, 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.

Sec. 5127. Authorization of appropriations

    (a) General.--Not more than $18,000,000 may be appropriated to the 
Secretary of Transportation for the fiscal year ending September 30, 
1993, to carry out this chapter (except sections 5107(e), 5108(g)(2), 
5113, 5115, 5116, and 5119).
    (b) Hazmat Employee Training.--Not more than $250,000 is available 
to the Director of the National Institute of 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.
    (c) Training Curriculum.--(1) Not more than $1,000,000 is available 
to the Secretary of Transportation from the account established under 
section 5116(i) of this title for each of the fiscal years ending 
September 30, 1993-1998, to carry out section 5115 of this title.
    (2) The Secretary of Transportation may transfer to the Director of 
the Federal Emergency Management Agency from amounts available under 
this subsection amounts necessary to carry out section 5115(d)(1) of 
this title.
    (d) Planning and Training.--(1) Not more than $5,000,000 is 
available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for each of the fiscal 
years ending September 30, 1993-1998, to carry out section 5116(a) of 
this title.
    (2) Not more than $7,800,000 is available to the Secretary of 
Transportation from the account established under section 5116(i) of 
this title for each of the fiscal years ending September 30, 1993-1998, 
to carry out section 5116(b) of this title.
    (3) Not more than the following amounts are available from the 
account established under section 5116(i) of this title for each of the 
fiscal years ending September 30, 1993-1998, to carry out section 
5116(f) of this title:
        (A) $750,000 each to the Secretaries of Transportation and 
    Energy, Administrator of the Environmental Protection Agency, and 
    Director of the Federal Emergency Management Agency.
        (B) $200,000 to the Director of the National Institute of 
    Environmental Health Sciences.
    (e) Uniform Forms and Procedures.--Not more than $400,000 may be 
appropriated to the Secretary of Transportation for the fiscal year 
ending September 30, 1993, to carry out section 5119 of this title.
    (f) Credits to Appropriations.--The Secretary of Transportation may 
credit to any appropriation to carry out this chapter an amount 
received from a State, Indian tribe, or other public authority or 
private entity for expenses the Secretary incurs in providing training 
to the State, authority, or entity.
    (g) Availability of Amounts.--Amounts available under subsections 
(c)-(e) of this section remain available until expended.

                    CHAPTER 53--MASS TRANSPORTATION

Sec.
5301.  Policies, findings, and purposes.
5302.  Definitions.
5303.  Metropolitan planning.
5304.  Transportation improvement program.
5305.  Transportation management areas.
5306.  Private enterprise participation in metropolitan planning and 
          transportation improvement programs and relationship to other 
          limitations.
5307.  Block grants.
5308.  Mass Transit Account block grants.
5309.  Discretionary grants and loans.
5310.  Grants and loans for special needs of elderly individuals and 
          individuals with disabilities.
5311.  Financial assistance for other than urbanized areas.
5312.  Research, development, demonstration, and training projects.
5313.  State planning and research programs.
5314.  National planning and research programs.
5315.  National mass transportation institute.
5316.  University research institutes.
5317.  Transportation centers.
5318.  Bus testing facility.
5319.  Bicycle facilities.
5320.  Suspended light rail system technology pilot project.
5321.  Crime prevention and security.
5322.  Human resource programs.
5323.  General provisions on assistance.
5324.  Limitations on discretionary and special needs grants and loans.
5325.  Contract requirements.
5326.  Special procurements.
5327.  Project management oversight.
5328.  Project review.
5329.  Investigation of safety hazards.
5330.  Withholding amounts for noncompliance with safety requirements.
5331.  Alcohol and controlled substances testing.
5332.  Nondiscrimination.
5333.  Labor standards.
5334.  Administrative.
5335.  Reports and audits.
5336.  Apportionment of appropriations for block grants.
5337.  Apportionment of appropriations for fixed guideway modernization.
5338.  Authorizations.

Sec. 5301. Policies, findings, and purposes

    (a) Development of Transportation Systems.--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.
    (b) General Findings.--Congress finds that--
        (1) more than 70 percent of the population of the United States 
    is located in rapidly expanding urban areas that generally cross 
    the boundary lines of local jurisdictions and often extend into at 
    least 2 States;
        (2) the welfare and vitality of urban areas, the satisfactory 
    movement of people and goods within those areas, and the 
    effectiveness of programs aided by the United States Government are 
    jeopardized by deteriorating or inadequate urban transportation 
    service and facilities, the intensification of traffic congestion, 
    and the lack of coordinated, comprehensive, and continuing 
    development planning;
        (3) transportation is the lifeblood of an urbanized society, 
    and the health and welfare of an urbanized society depend on 
    providing efficient, economical, and convenient transportation in 
    and between urban areas;
        (4) for many years the mass transportation industry capably and 
    profitably satisfied the transportation needs of the urban areas of 
    the United States but in the early 1970's continuing even minimal 
    mass transportation service in urban areas was threatened because 
    maintaining that transportation service was financially burdensome;
        (5) ending that transportation, or the continued increase in 
    its cost to the user, is undesirable and may affect seriously and 
    adversely the welfare of a substantial number of lower income 
    individuals;
        (6) some urban areas were developing preliminary plans for, or 
    carrying out, projects in the early 1970's to revitalize their mass 
    transportation operations;
        (7) significant mass transportation improvements are necessary 
    to achieve national goals for improved air quality, energy 
    conservation, international competitiveness, and mobility for 
    elderly individuals, individuals with disabilities, and 
    economically disadvantaged individuals in urban and rural areas of 
    the United States;
        (8) financial assistance by the Government to develop efficient 
    and coordinated mass transportation systems is essential to solve 
    the urban transportation problems referred to in clause (2) of this 
    subsection; and
        (9) immediate substantial assistance by the Government is 
    needed to enable mass transportation systems to continue providing 
    vital transportation service.
    (c) Rapid Urbanization and Continuing Population Dispersal.--Rapid 
urbanization and continuing dispersal of the population and activities 
in urban areas have made the ability of all citizens to move quickly 
and at a reasonable cost an urgent problem of the Government.
    (d) Elderly Individuals and Individuals With Disabilities.--It is 
the policy of the Government that elderly individuals and individuals 
with disabilities have the same right as other individuals to use mass 
transportation service and facilities. Special efforts shall be made in 
planning and designing mass transportation service and facilities to 
ensure that mass transportation can be used by elderly individuals and 
individuals with disabilities. All programs of the Government assisting 
mass transportation shall carry out this policy.
    (e) Preserving the Environment.--It is the policy of the Government 
that special effort shall be made to preserve the natural beauty of the 
countryside, public park and recreation lands, wildlife and waterfowl 
refuges, and important historical and cultural assets when planning, 
designing, and carrying out an urban mass transportation capital 
project with assistance from the Government under sections 5309 and 
5310 of this title.
    (f) General Purposes.--The purposes of this chapter are--
        (1) to assist in developing improved mass transportation 
    equipment, facilities, techniques, and methods with the cooperation 
    of public and private mass transportation companies;
        (2) to encourage the planning and establishment of areawide 
    urban mass transportation systems needed for economical and 
    desirable urban development with the cooperation of public and 
    private mass transportation companies;
        (3) to assist States and local governments and their 
    authorities in financing areawide urban mass transportation systems 
    that are to be operated by public or private mass transportation 
    companies as decided by local needs;
        (4) to provide financial assistance to State and local 
    governments and their authorities to help carry out national goals 
    related to mobility for elderly individuals, individuals with 
    disabilities, and economically disadvantaged individuals; and
        (5) to establish a partnership that allows a community, with 
    financial assistance from the Government, to satisfy its urban mass 
    transportation requirements.

Sec. 5302. Definitions

    (a) General.--In this chapter--
        (1) ``capital project'' means a project for--
            (A) acquiring, constructing, supervising, or inspecting 
        equipment or a facility for use in mass transportation, 
        expenses incidental to the acquisition or construction 
        (including designing, engineering, location surveying, mapping, 
        and acquiring rights of way), relocation assistance, acquiring 
        replacement housing sites, and acquiring, constructing, 
        relocating, and rehabilitating replacement housing;
            (B) rehabilitating a bus that extends the economic life of 
        a bus for at least 5 years;
            (C) remanufacturing a bus that extends the economic life of 
        a bus for at least 8 years; or
            (D) overhauling rail rolling stock.
        (2) ``chief executive officer of a State'' includes the 
    designee of the chief executive officer.
        (3) ``emergency regulation'' means a regulation--
            (A) that is effective temporarily before the expiration of 
        the otherwise specified periods of time for public notice and 
        comment under section 5334(b) of this title; and
            (B) prescribed by the Secretary of Transportation as the 
        result of a finding that a delay in the effective date of the 
        regulation--
                (i) would injure seriously an important public 
            interest;
                (ii) would frustrate substantially legislative policy 
            and intent; or
                (iii) would damage seriously a person or class without 
            serving an important public interest.
        (4) ``fixed guideway'' means a mass transportation facility--
            (A) using and occupying a separate right of way or rail for 
        the exclusive use of mass transportation and other high 
        occupancy vehicles; or
            (B) using a fixed catenary system and a right of way usable 
        by other forms of transportation.
        (5) ``handicapped individual'' means an individual who, because 
    of illness, injury, age, congenital malfunction, or other 
    incapacity or temporary or permanent disability (including an 
    individual who is a wheelchair user or has semiambulatory 
    capability), cannot use effectively, without special facilities, 
    planning, or design, mass transportation service or a mass 
    transportation facility.
        (6) ``local governmental authority'' includes--
            (A) a political subdivision of a State;
            (B) an authority of at least one State or political 
        subdivision of a State;
            (C) an Indian tribe; and
            (D) a public corporation, board, or commission established 
        under the laws of a State.
        (7) ``mass transportation'' means transportation by a 
    conveyance that provides regular and continuing general or special 
    transportation to the public, but does not include schoolbus, 
    charter, or sightseeing transportation.
        (8) ``net project cost'' means the part of a project that 
    reasonably cannot be financed from revenues.
        (9) ``new bus model'' means a bus model (including a model 
    using alternative fuel)--
            (A) that has not been used in mass transportation in the 
        United States before the date of production of the model; or
            (B) used in mass transportation in the United States but 
        being produced with a major change in configuration or 
        components.
        (10) ``regulation'' means any part of a statement of general or 
    particular applicability of the Secretary of Transportation 
    designed to carry out, interpret, or prescribe law or policy in 
    carrying out this chapter.
        (11) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
    American Samoa, and the Virgin Islands.
        (12) ``urban area'' means an area that includes a municipality 
    or other built-up place that the Secretary of Transportation, after 
    considering local patterns and trends of urban growth, decides is 
    appropriate for a local mass transportation system to serve 
    individuals in the locality.
        (13) ``urbanized area'' means an area--
            (A) encompassing at least an urbanized area within a State 
        that the Secretary of Commerce designates; and
            (B) designated an urbanized area within boundaries fixed by 
        State and local officials and approved by the Secretary of 
        Transportation.
    (b) Authority To Modify ``Handicapped Individual''.--The Secretary 
of Transportation by regulation may modify the definition of subsection 
(a)(5) of this section as it applies to section 5307(d)(1)(D) of this 
title.

Sec. 5303. Metropolitan planning

    (a) Development Requirements.--To carry out section 5301(a) of this 
title, metropolitan planning organizations designated under subsection 
(c) of this section, in cooperation with States, shall develop 
transportation plans and programs for State urbanized areas. The plans 
and programs for each area shall provide for developing transportation 
facilities (including pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal transportation system 
for the State, metropolitan area, and United States. The development 
process 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.
    (b) Plan and Program Factors.--In developing plans and programs 
under this section and sections 5304-5306 of this title, each 
metropolitan planning organization at least shall consider the 
following factors:
        (1) preserving existing transportation facilities and, where 
    practical, ways to meet transportation needs by using existing 
    transportation facilities more efficiently.
        (2) the consistency of transportation planning with United 
    States Government, State, and local energy conservation programs, 
    goals, and objectives.
        (3) the need to relieve congestion and prevent congestion from 
    occurring.
        (4) the likely effect of transportation policy decisions on 
    land use and development and the consistency of transportation 
    plans and programs with short- and long-term land use and 
    development plans.
        (5) programming expenditures on transportation enhancement 
    activities, as required under section 133 of title 23.
        (6) the effects of all transportation projects to be undertaken 
    in the metropolitan area, without regard to whether the projects 
    are publicly financed.
        (7) international border crossings and access to ports, 
    airports, intermodal transportation facilities, major freight 
    distribution routes, national parks, recreation areas, monuments 
    and historic sites, and military installations.
        (8) the need for connecting roads in the metropolitan area with 
    roads outside the area.
        (9) the transportation needs identified by using the management 
    systems required by section 303 of title 23.
        (10) preserving rights of way for constructing future 
    transportation projects, including identifying--
            (A) unused rights of way that may be needed for future 
        transportation corridors; and
            (B) corridors where action is needed most to prevent 
        destruction or loss.
        (11) ways to enhance the efficient movement of freight.
        (12) using life-cycle costs in designing and engineering 
    bridges, tunnels, and pavement.
        (13) the overall social, economic, energy, and environmental 
    effects of transportation decisions.
        (14) ways to expand and enhance mass transportation services 
    and to increase usage of those services.
        (15) capital investments that will result in increased security 
    in mass transportation systems.
    (c) Designating Metropolitan Planning Organizations.--(1) To carry 
out the planning process required by this section, a metropolitan 
planning organization shall be designated for each urbanized area with 
a population of more than 50,000--
        (A) by agreement of the chief executive officer of a State and 
    units of general local government representing at least 75 percent 
    of the affected population (including the central city as defined 
    by the Secretary of Commerce); or
        (B) under procedures established by State or local law.
    (2) In a metropolitan area designated as a transportation 
management area, the designated metropolitan planning organization, if 
redesignated after December 18, 1991, shall include local elected 
officials, officials of authorities that administer or operate major 
modes of transportation in the metropolitan area (including all 
transportation authorities included in the organization on June 1, 
1991), and appropriate State officials.
    (3) More than one metropolitan planning organization may be 
designated in an urbanized area (as defined by the Secretary of 
Commerce) only if the chief executive officer decides that the size and 
complexity of the urbanized area make designation of more than one 
organization appropriate.
    (4) A designation is effective until--
        (A) the organization is redesignated under paragraph (3) of 
    this subsection; or
        (B) revoked--
            (i) by agreement of the chief executive officer and units 
        of general local government representing at least 75 percent of 
        the affected population; or
            (ii) as otherwise provided by State or local procedures.
    (5)(A) The chief executive officer and units of general local 
government representing at least 75 percent of the affected population 
(including the central city as defined by the Secretary of Commerce) 
may redesignate by agreement a metropolitan planning organization when 
appropriate to carry out this section.
    (B) A metropolitan planning organization shall be redesignated on 
request of one or more units of general local government representing 
at least 25 percent of the affected population (including the central 
city as defined by the Secretary of Commerce) in an urbanized area with 
a population of more than 5,000,000, but less than 10,000,000 or that 
is an extreme nonattainment area for ozone or carbon monoxide (as 
defined in the Clean Air Act (42 U.S.C. 7401 et seq.)).
    (C) A metropolitan planning organization shall be redesignated 
using procedures established to carry out this paragraph.
    (6) This subsection does not affect the authority, under State law 
in effect on December 18, 1991, of a public authority with multimodal 
transportation responsibilities--
        (A) to develop plans and programs for a metropolitan planning 
    organization to adopt; and
        (B) to develop long-range capital plans, coordinate mass 
    transportation services and projects, and carry out other 
    activities under State law.
    (d) Metropolitan Area Boundaries.--To carry out this section, the 
metropolitan planning organization and the chief executive officer 
shall decide by agreement on the boundaries of a metropolitan area. The 
area shall cover at least the existing urbanized area and the 
contiguous area expected to become urbanized within the 20-year 
forecast period and may include the Metropolitan 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.
    (e) Coordination.--(1) The Secretary of Transportation shall 
establish requirements the Secretary considers appropriate to encourage 
chief executive officers and metropolitan planning organizations with 
responsibility for part of a multi-State metropolitan area to provide 
coordinated transportation planning for the entire area.
    (2) Congress consents to at least 2 States making an agreement, not 
in conflict with a law of the United States, for cooperative efforts 
and mutual assistance in support of activities authorized under this 
section related to interstate areas and localities in the States and 
establishing authorities the States consider desirable for making the 
agreement effective.
    (3) If more than one metropolitan planning organization has 
authority in a metropolitan area or an area designated a nonattainment 
area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.), each organization shall consult with the other 
organizations designated for the area and the State to coordinate plans 
and projects required by this section and sections 5304-5306 of this 
title.
    (f) Developing Long-Range Plans.--(1) Each metropolitan planning 
organization shall prepare and update periodically, according to a 
schedule the Secretary of Transportation decides is appropriate, a 
long-range plan for its metropolitan area under the requirements of 
this section. The plan shall be in the form the Secretary considers 
appropriate and at least shall--
        (A) identify transportation facilities (including major 
    roadways, mass transportation, and multimodal and intermodal 
    facilities) that should function as an integrated metropolitan 
    transportation system, emphasizing transportation facilities that 
    serve important United States and regional transportation 
    functions;
        (B) include a financial plan that--
            (i) demonstrates how the long-range plan can be carried 
        out;
            (ii) indicates resources from public and private sources 
        reasonably expected to be made available to carry out the plan; 
        and
            (iii) recommends innovative financing techniques, including 
        value capture, tolls, and congestion pricing, to finance needed 
        projects and programs;
        (C) assess capital investment and other measures necessary--
            (i) to ensure the preservation of the existing 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
        (D) indicate appropriate proposed transportation enhancement 
    activities.
    (2) When formulating a long-range plan, the metropolitan planning 
organization shall consider the factors described in subsection (e) of 
this section as they are related to a 20-year forecast period.
    (3) In a metropolitan area that is in a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
seq.), the metropolitan planning organization shall coordinate the 
development of the long-range plan with the development of the 
transportation control measures of the State Implementation Plan 
required by the Act.
    (4) Before approving a long-range plan, each metropolitan planning 
organization shall provide citizens, affected public agencies, 
representatives of mass transportation authority employees, private 
providers of transportation, and other interested parties with a 
reasonable opportunity to comment on the plan in a way the Secretary of 
Transportation considers appropriate.
    (5) A long-range plan shall be--
        (A) made readily available for public review; and
        (B) submitted for information purposes to the chief executive 
    officer of the State at the time and in the way the Secretary of 
    Transportation establishes.
    (g) Grants.--Under criteria the Secretary of Transportation 
establishes, the Secretary may make contracts for, and grants to, 
States, local governmental authorities, and authorities of the States 
and governmental authorities, or may make agreements with other 
departments, agencies, and instrumentalities of the Government, to 
plan, engineer, design, and evaluate a mass transportation project and 
for other technical studies, including--
        (1) studies related to management, operations, capital 
    requirements, and economic feasibility;
        (2) evaluating previously financed projects; and
        (3) other similar and related activities preliminary to and in 
    preparation for constructing, acquiring, or improving the operation 
    of facilities and equipment.
    (h) Balanced and Comprehensive Planning.--(1) To the extent 
practicable, the Secretary of Transportation shall ensure that amounts 
made available under section 5338(g)(1) of this title to carry out this 
section and sections 5304-5306 of this title are used to support 
balanced and comprehensive transportation planning that considers the 
relationships among land use and all transportation modes, without 
regard to the programmatic source of the planning amounts.
    (2)(A) The Secretary of Transportation shall apportion 80 percent 
of the amount made available under section 5338(g)(1) of this title to 
States in a ratio equal to the population in urbanized areas in each 
State divided by the total population in urbanized areas in all States, 
as shown by the latest available decennial census. A State may not 
receive less than .5 percent of the amount apportioned under this 
subparagraph.
    (B) Amounts apportioned to a State under subparagraph (A) of this 
paragraph shall be allocated to metropolitan planning organizations in 
the State designated under this section under a formula--
        (i) the State develops in cooperation with the metropolitan 
    planning organizations;
        (ii) the Secretary of Transportation approves; and
        (iii) that considers population in urbanized areas and provides 
    an appropriate distribution for urbanized areas to carry out the 
    cooperative processes described in this section.
    (C) A State shall make amounts available promptly to eligible 
metropolitan planning organizations according to procedures the 
Secretary of Transportation approves.
    (3)(A) The Secretary of Transportation shall apportion 20 percent 
of the amount made available under section 5338(g)(1) of this title to 
States to supplement allocations made under paragraph (2)(B) of this 
subsection for metropolitan planning organizations.
    (B) Amounts under this paragraph shall be allocated under a formula 
that reflects the additional cost of carrying out planning, 
programming, and project selection responsibilities under this section 
and sections 5304-5306 of this title in those areas.
    (4) To the maximum extent practicable, the Secretary of 
Transportation shall ensure that no metropolitan planning organization 
is allocated less than the amount it received by administrative formula 
under this section in the fiscal year that ended September 30, 1991. To 
carry out this subsection, the Secretary may make a proportionate 
reduction in other amounts made available to carry out section 
5338(g)(1) of this title.
    (5) Amounts available for an activity under this subsection are for 
80 percent of the cost of the activity unless the Secretary of 
Transportation decides it is in the interests of the Government not to 
require a State or local match.
    (6) An amount apportioned under this subsection--
        (A) remains available for 3 years after the fiscal year in 
    which the amount is apportioned, and
        (B) that is unobligated at the end of the 3-year period shall 
    be reapportioned among the States for the next fiscal year.

Sec. 5304. Transportation improvement program

    (a) Development and Update.--In cooperation with the State and 
affected mass transportation operators, a metropolitan planning 
organization designated for a metropolitan area shall develop a 
transportation improvement program for the area. In developing the 
program, the organization shall provide citizens, affected public 
agencies, representatives of transportation authority employees, other 
affected employee representatives, private providers of transportation, 
and other interested parties with a reasonable opportunity to comment 
on the proposed program. The program shall be updated at least once 
every 2 years and shall be approved by the organization and the chief 
executive officer of the State.
    (b) Contents.--A transportation improvement program for a 
metropolitan area shall include--
        (1) a priority list of projects and parts of projects to be 
    carried out in each 3-year period after the program is adopted; and
        (2) a financial plan that--
            (A) demonstrates how the program can be carried out;
            (B) indicates resources from public and private sources 
        that reasonably are expected to be made available to carry out 
        the plan; and
            (C) recommends innovative financing techniques, including 
        value capture, tolls, and congestion pricing, to finance needed 
        projects.
    (c) Project Selection.--(1) Except as provided in section 
5305(d)(1) of this title, the State, in cooperation with the 
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.
    (2) A transportation improvement program for a metropolitan area 
shall include--
        (A) projects within the area that are proposed for financing 
    under this chapter and title 23 and that are consistent with the 
    long-range plan developed under section 5303(f) of this title; and
        (B) a project or an identified phase of a project only if full 
    financing reasonably can be anticipated to be available for the 
    project in the period estimated for completion.
    (d) Notice and Comment.--Before approving a transportation 
improvement program, a metropolitan planning organization shall provide 
citizens, affected public agencies, representatives of transportation 
agency employees, private providers of transportation, and other 
interested parties with reasonable notice and an opportunity to comment 
on the proposed program.
    (e) Regulatory Proceeding.--Not later than June 18, 1992, the 
Secretary of Transportation shall begin a regulatory proceeding to 
conform review requirements for mass transportation projects under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
comparable requirements under that Act applicable to highway projects. 
This section and sections 5303, 5305, and 5306 of this title do not 
affect the applicability of the Act to mass transportation or highway 
projects. A mass transportation project that has an approved draft 
Environmental Impact Statement is exempt from complying with 
requirements under the Act applicable to highway projects.

Sec. 5305. Transportation management areas

    (a) Designation.--The Secretary of Transportation shall designate 
as a transportation management area--
        (1) each urbanized area with a population of more than 200,000; 
    and
        (2) any other area, including the Lake Tahoe Basin as defined 
    in the Act of December 19, 1980 (Public Law 96-551, 94 Stat. 3233), 
    when requested by the chief executive officer and the metropolitan 
    organization designated for the area or the affected local 
    officials.
    (b) Transportation Plans and Programs.--Transportation plans and 
programs in a transportation management area shall be based on a 
continuing and comprehensive transportation planning process the 
metropolitan planning organization carries out in cooperation with the 
State and mass transportation operators.
    (c) Congestion Management System.--The transportation planning 
process under sections 5303, 5304, and 5306 of this title in a 
transportation management area shall include a congestion management 
system providing for effective management, through travel demand 
reduction and operational management strategies, of new and existing 
transportation facilities eligible for financing under this chapter and 
title 23. The Secretary shall establish a phase-in schedule to comply 
with sections 5303, 5304, and 5306.
    (d) Project Selection.--(1)(A) In consultation with the State, the 
metropolitan planning organization designated for a 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.
    (2)(A) A selection under this subsection must comply with the 
transportation improvement program for the area.
    (B) A selection under paragraph (1)(A) of this subsection must 
comply with priorities established in the program.
    (e) Certification.--(1) At least once every 3 years, the Secretary 
shall ensure and certify that each metropolitan planning organization 
in each transportation management area is carrying out its 
responsibilities under applicable laws of the United States. The 
Secretary may make the certification only if the organization is 
complying with section 134 of title 23 and other applicable 
requirements of laws of the United States and the organization and 
chief executive officer have approved a transportation improvement 
program for the area.
    (2) 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.
    (3) The Secretary may not withhold certification based on the 
policies and criteria a metropolitan planning organization or mass 
transportation grant recipient establishes under section 5306(a) of 
this title for deciding the feasibility of private enterprise 
participation.
    (f) Additional Requirements for Certain Nonattainment Areas.--
Government amounts may be made available for a mass transportation 
project resulting in a significant increase in carrying capacity for 
single occupant vehicles in a transportation management area classified 
as a nonattainment area for ozone or carbon monoxide under the Clean 
Air Act (42 U.S.C. 7401 et seq.) only if the project is part of an 
approved congestion management system.
    (g) Areas Not Designated Transportation Management Areas.--(1) The 
Secretary may provide for the development of abbreviated metropolitan 
transportation plans and programs the Secretary decides are appropriate 
to carry out this section and sections 5303, 5304, and 5306 of this 
title for metropolitan areas not designated transportation management 
areas under this section. The Secretary shall consider the complexity 
of transportation problems in those areas, including transportation-
related air quality problems.
    (2) The Secretary may not provide an abbreviated plan or program 
for a metropolitan area in a nonattainment area for ozone or carbon 
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

Sec. 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 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.

Sec. 5307. Block grants

    (a) Definitions.--In this section--
        (1) ``associated capital maintenance items'' means 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.
        (2) ``designated recipient'' means--
            (A) a person designated, consistent with the planning 
        process under sections 5303-5306 of this title, by the chief 
        executive officer of a State, responsible local officials, and 
        publicly owned operators of mass transportation to receive and 
        apportion amounts under section 5336 of this title that are 
        attributable to transportation management areas established 
        under section 5305(a) of this title;
            (B) a State or regional authority if the authority is 
        responsible under the laws of a State for a capital project and 
        for financing and directly providing mass transportation; or
            (C) a recipient designated under section 5(b)(1) of the 
        Federal Transit Act not later than January 5, 1983.
    (b) General Authority.--(1) The Secretary of Transportation may 
make grants under this section for capital projects and to finance the 
planning, improvement, and operating costs of 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.
    (2) In a transportation management area designated under section 
5305(a) of this title, amounts that cannot be used to pay operating 
expenses under this section also are available for a highway project 
if--
        (A) that use is approved by the metropolitan planning 
    organization under section 5303 of this title after appropriate 
    notice and an opportunity for comment and appeal is provided to 
    affected mass transportation providers; and
        (B) the Secretary decides the amounts are not needed for 
    investment required by the Americans with Disabilities Act of 1990 
    (42 U.S.C. 12101 et seq.).
    (3) A grant for a capital project under this section also is 
available to finance the leasing of equipment and facilities for use in 
mass transportation, subject to regulations the Secretary prescribes 
limiting the grant to leasing arrangements that are more cost effective 
than acquisition or construction.
    (4) A project for the reconstruction of equipment and material, 
each of which after reconstruction will have a fair market value of at 
least .5 percent of the current fair market value of rolling stock 
comparable to the rolling stock for which the equipment and material 
will be used, is a capital project for an associated capital 
maintenance item under this section.
    (5) Amounts under this section are available for a highway project 
under title 23 only if amounts used for the State or local share of the 
project are eligible to finance either a highway or mass transportation 
project.
    (c) Public Participation Requirements.--Each recipient of a grant 
shall--
        (1) make available to the public information on amounts 
    available to the recipient under this section and the program of 
    projects the recipient proposes to undertake;
        (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 citizens, 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 citizens on the proposed program of projects;
        (5) ensure that the proposed program of projects provides for 
    the coordination of mass transportation services assisted under 
    section 5336 of this title with transportation services assisted 
    from other United States Government sources;
        (6) consider comments and views received, especially those of 
    private transportation providers, in preparing the final program of 
    projects; and
        (7) make the final program of projects available to the public.
    (d) 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 (c) 
    of this section and a certification for that fiscal year that the 
    recipient (including a person receiving amounts from a chief 
    executive officer of a State under this section)--
            (A) has or will have the legal, financial, and technical 
        capacity to carry out the program;
            (B) has or will have satisfactory continuing control over 
        the use of equipment and facilities;
            (C) will maintain equipment and facilities;
            (D) will ensure that elderly and handicapped individuals, 
        or an individual presenting a medicare card issued to that 
        individual under title II or XVIII of the Social Security Act 
        (42 U.S.C. 401 et seq., 1395 et seq.), will be charged during 
        non-peak hours for transportation using or involving a facility 
        or equipment of a project financed under this chapter not more 
        than 50 percent of the peak hour fare;
            (E) in carrying out a procurement under this section--
                (i) will use competitive procurement (as defined or 
            approved by the Secretary);
                (ii) will not use a procurement that uses exclusionary 
            or discriminatory specifications; and
                (iii) will comply with applicable Buy-American laws in 
            carrying out a procurement;
            (F) has complied with subsection (c) of this section;
            (G) has available and will provide the required amounts as 
        provided by subsection (e) of this section;
            (H) will comply with sections 5301(a) and (d), 5303-5306, 
        and 5310(a)-(d) of this title;
            (I) has a locally developed process to solicit and consider 
        public comment before raising a fare or carrying out a major 
        reduction of transportation; and
            (J)(i) will expend for each fiscal year for mass 
        transportation security projects, including increased lighting 
        in or adjacent to a mass transportation system (including bus 
        stops, subway stations, parking lots, and garages), increased 
        camera surveillance of an area in or adjacent to that system, 
        providing an emergency telephone line to contact law 
        enforcement or security personnel in an area in or adjacent to 
        that system, and any other project intended to increase the 
        security and safety of an existing or planned mass 
        transportation system, at least one percent of the amount the 
        recipient receives for each fiscal year under section 5336 of 
        this title; or
            (ii) has decided that the expenditure for security projects 
        is not necessary; and
        (2) the Secretary accepts the certification.
    (e) Government's Share of Costs.--A grant of the 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.
    (f) Statewide Operating Assistance.--(1) A State authority that is 
a designated recipient and providing mass transportation in at least 2 
urbanized areas may apply for operating assistance in an amount not 
more than the amount for all urbanized areas in which it provides 
transportation.
    (2) When approving an application under paragraph (1) of this 
subsection, the Secretary may not reduce the amount of operating 
assistance approved for another State or a local transportation 
authority within the affected urbanized areas.
    (g) Undertaking Projects in Advance.--(1) When a recipient 
obligates all amounts apportioned to it under section 5336 of this 
title and then carries out a part of a project described in this 
section (except a project for operating expenses) without amounts of 
the Government and according to all applicable procedures and 
requirements (except to the extent the procedures and requirements 
limit a State to carrying out a project with amounts of the Government 
previously apportioned to it), the Secretary may pay to the recipient 
the Government's share of the cost of carrying out that part when 
additional amounts are apportioned to the recipient under section 5336 
if--
        (A) the recipient applies for the payment;
        (B) the Secretary approves the payment; and
        (C) before carrying out that part, the Secretary approves the 
    plans and specifications for the part in the same way as for other 
    projects under this section.
    (2) The Secretary may approve an application under paragraph (1) of 
this subsection only if an authorization for this section is in effect 
for the fiscal year to which the application applies. The Secretary may 
not approve an application if the 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) The cost of carrying out that part of a project includes the 
amount of interest earned and payable on bonds issued by the recipient 
to the extent proceeds of the bonds are expended in carrying out the 
part. However, the amount of interest allowed under this paragraph may 
not be more than the amount by which the estimated cost of carrying out 
the part (if it would be carried out at the time the part is converted 
to a regularly financed project) exceeds the actual cost (except 
interest) of carrying out the part.
    (4) The Secretary shall consider changes in capital project cost 
indices when determining the estimated cost under paragraph (3) of this 
subsection.
    (h) Streamlined Administrative Procedures.--The 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.
    (i) Reviews, Audits, and Evaluations.--(1)(A) At least annually, 
the Secretary shall carry out, or require a recipient to have carried 
out independently, reviews and audits the Secretary considers 
appropriate to establish whether the recipient has carried out--
        (i) the activities proposed under subsection (d) of this 
    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) An audit of the use of amounts of the Government shall comply 
with the auditing procedures of the Comptroller General.
    (2) At least once every 3 years, the Secretary shall review and 
evaluate completely the performance of a recipient in carrying out the 
recipient's program, specifically referring to compliance with 
statutory and administrative requirements and the extent to which 
actual program activities are consistent with the activities proposed 
under subsection (d) of this section and the planning process required 
under sections 5303-5306 of this title.
    (3) The Secretary may take appropriate action consistent with a 
review, audit, and evaluation under this subsection, including making 
an appropriate adjustment in the amount of a grant or withdrawing the 
grant.
    (j) Reports.--A recipient (including a person receiving amounts 
from a chief executive officer of a State under this section) shall 
submit annually to the Secretary a report on the revenues the recipient 
derives from the sale of advertising and concessions.
    (k) Submission of Certifications.--A certification under 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.
    (l) Procurement System Approval.--A recipient may request the 
Secretary to approve its procurement system. The Secretary shall 
approve the system for use for procurements financed under section 5336 
of this title if, after consulting with the Administrator for Federal 
Procurement Policy, the Secretary decides the system provides for 
competitive procurement. Approval of a system under this subsection 
does not relieve a recipient of the duty to certify under subsection 
(d)(1)(E) of this section.
    (m) Operating Ferries Outside Urbanized Areas.--A vessel used in 
ferryboat operations financed under section 5336 of this title that is 
part of a State-operated ferry system may be operated occasionally 
outside the urbanized area in which service is provided to accommodate 
periodic maintenance if existing ferry service is not reduced 
significantly by operating outside the area.
    (n) Relationship to Other Laws.--(1) Section 1001 of title 18 
applies to a certificate or submission under this section. The 
Secretary may end a grant under this section and seek 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, 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.

Sec. 5308. Mass Transit Account block grants

    (a) General Authority.--The Secretary of Transportation may make 
grants under this section to be used only for capital projects 
(including capital maintenance items).
    (b) Application of Other Sections.--(1) Sections 5307(a)-(d), (h)-
(l), and (n) and 5336(a)-(c), (f), (g), and (j) of this title apply to 
amounts made available under section 5338(a) of this title to carry out 
this section.
    (2) Sections 5307(e) and 5336(d) of this title apply to grants 
under this section.

Sec. 5309. Discretionary grants and loans

    (a) General Authority.--The Secretary of Transportation may make 
grants and loans under this section to assist State and local 
governmental authorities in financing--
        (1) capital projects for new fixed guideway systems, and 
    extensions to existing fixed guideway systems, including the 
    acquisition of real property, the initial acquisition of rolling 
    stock for the systems, alternatives analysis related to the 
    development of the systems, and the acquisition of rights of way, 
    and relocation, for fixed guideway corridor development for 
    projects in the advanced stages of alternatives analysis or 
    preliminary engineering;
        (2) capital projects, including property and improvements 
    (except public highways other than fixed guideway facilities), 
    needed for an efficient and coordinated mass transportation system;
        (3) the capital costs of coordinating mass transportation with 
    other transportation;
        (4) the introduction of new technology, through innovative and 
    improved products, into mass transportation;
        (5) transportation projects that enhance urban economic 
    development or incorporate private investment, including commercial 
    and residential development, because the projects--
            (A) enhance the effectiveness of a mass transportation 
        project and are related physically or functionally to that mass 
        transportation project; or
            (B) establish new or enhanced coordination between mass 
        transportation and other transportation;
        (6) mass transportation projects planned, designed, and carried 
    out to meet the special needs of elderly individuals and 
    individuals with disabilities; and
        (7) the development of corridors to support fixed guideway 
    systems, including protecting rights of way through acquisition, 
    construction of dedicated bus and high occupancy vehicle lanes and 
    park and ride lots, and other nonvehicular capital improvements 
    that the Secretary may decide would result in increased mass 
    transportation usage in the corridor.
    (b) Loans for Real Property Interests.--(1) The Secretary of 
Transportation may make loans under this section to State and local 
governmental authorities to acquire interests in real property for use 
on urban mass transportation systems as rights of way, station sites, 
and related purposes, including reconstruction, renovation, the net 
cost of property management, and relocation payments made under section 
5324(a) of this title.
    (2) The Secretary of Transportation may make a loan under paragraph 
(1) of this subsection for an approved project only after finding that 
the property reasonably is expected to be required for a mass 
transportation system and that it will be used for that system within a 
reasonable time.
    (3) An applicant for a loan under this subsection shall provide a 
copy of the application to the planning agency for the community 
affected by the project at the same time the application is submitted 
to the Secretary of Transportation. If the planning agency submits 
comments to the Secretary not later than 30 days after the application 
is submitted, or, if the agency requests more time within those 30 
days, within a period the Secretary establishes, the Secretary shall 
consider those comments before taking final action on the application.
    (4) A loan agreement under this subsection shall provide that a 
capital project on the property will be started not later than 10 years 
after the fiscal year in which the agreement is made. If an interest in 
property acquired under this subsection is not used for the purpose for 
which it was acquired, an appraisal of the current value of the 
property or interest shall be made when a decision is made about the 
use. The decision shall be made within the 10-year period. Two-thirds 
of the increase in value shall be paid to the Secretary of 
Transportation for deposit in the Treasury as miscellaneous receipts.
    (5) A loan under this subsection must be repaid not later than 10 
years after the date of the loan agreement or on the date a grant 
agreement for a capital project on the property is made, whichever is 
earlier. Payments made to repay the loan shall be deposited in the 
Treasury as miscellaneous receipts.
    (c) Consideration of Decreased Commuter Rail 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.
    (d) Project as Part of Approved Program of Projects.--Except as 
provided in subsections (b)(2) and (e) of this section, the Secretary 
of Transportation may approve a grant or loan for a project under this 
section only after finding that the project is part of the approved 
program of projects required under sections 5303-5306 of this title and 
that an applicant--
        (1) has or will have the legal, financial, and technical 
    capacity to carry out the project, satisfactory continuing control 
    over the use of equipment or facilities, and the capability to 
    maintain the equipment or facilities; and
        (2) will maintain the equipment or facilities.
    (e) Criteria for Grants and Loans for Fixed Guideway Systems.--(1) 
This subsection applies to a project--
        (A) for which a letter of intent or contract for the complete 
    amount is issued under subsection (g) of this section after April 
    1, 1987; or
        (B) not in the preliminary engineering, final design, or 
    construction stage on January 1, 1987.
    (2) The Secretary of Transportation may approve a grant or loan 
under this section for a capital project for a new fixed guideway 
system or extension of an existing fixed guideway system only if the 
Secretary decides that the proposed project is--
        (A) based on the results of an alternatives analysis and 
    preliminary engineering;
        (B) justified based on a comprehensive review of its mobility 
    improvements, environmental benefits, cost effectiveness, and 
    operating efficiencies; and
        (C) supported by an acceptable degree of local financial 
    commitment, including evidence of stable and dependable financing 
    sources to construct, maintain, and operate the system or 
    extension.
    (3) In making a decision under paragraph (2) of this subsection, 
the Secretary of Transportation shall--
        (A) consider the direct and indirect costs of relevant 
    alternatives;
        (B) account for costs related to factors such as congestion 
    relief, improved mobility, air pollution, noise pollution, 
    congestion, energy consumption, and all associated ancillary and 
    mitigation costs necessary to carry out each alternative analyzed;
        (C) identify and consider mass transportation supportive 
    existing land use policies and future patterns;
        (D) consider the degree to which the project increases the 
    mobility of the mass transportation dependent population or 
    promotes economic development; and
        (E) consider other factors the Secretary considers appropriate 
    to carry out this chapter.
    (4)(A) The Secretary of Transportation shall issue guidelines on 
how the Secretary will evaluate results of alternatives analysis, 
project justification, and the degree of local financial commitment.
    (B) The project justification under paragraph (1)(B) of this 
subsection shall be adjusted to reflect differences in local land, 
construction, and operating costs.
    (C) The degree of local financial commitment is acceptable only 
if--
        (i) the proposed project plan provides for the availability of 
    contingency amounts the Secretary of Transportation determines to 
    be reasonable to cover unanticipated cost overruns;
        (ii) each proposed local source of capital and operating 
    financing is stable, reliable, and available within the proposed 
    project timetable; and
        (iii) local resources are available to operate the overall 
    proposed mass transportation system (including essential feeder bus 
    and other services necessary to achieve the projected ridership 
    levels) without requiring a reduction in existing mass 
    transportation services to operate the proposed project.
    (D) In assessing the stability, reliability, and availability of 
proposed sources of local financing, the Secretary of Transportation 
shall consider--
        (i) existing grant commitments;
        (ii) the degree to which financing sources are dedicated to the 
    purposes proposed; and
        (iii) any debt obligation that exists or is proposed by the 
    recipient for the proposed project or other mass transportation 
    purpose.
    (5) A proposed project may advance from alternatives analysis to 
preliminary engineering only if the Secretary of Transportation finds 
that the project meets the requirements of this section and there is a 
reasonable chance that the project will continue to meet the 
requirements at the end of preliminary engineering.
    (6)(A) A new fixed guideway system or extension of an existing 
fixed guideway system is not subject to the requirements of this 
subsection, and the simultaneous evaluation of similar projects in at 
least 2 corridors in a metropolitan area may not be limited, if--
        (i) the project is located in an extreme or severe 
    nonattainment area and is a transportation control measure (as 
    defined by the Clean Air Act (42 U.S.C. 7401 et seq.)) required to 
    carry out an approved State Implementation Plan; or
        (ii) assistance provided under this section is less than 
    $25,000,000 or one-third of the total cost of the project or an 
    appropriate program of projects as decided by the Secretary of 
    Transportation.
    (B) The simultaneous evaluation of projects in at least 2 corridors 
in a metropolitan area may not be limited and the Secretary of 
Transportation shall make decisions under this subsection with 
expedited procedures that will promote carrying out an approved State 
Implementation Plan in a timely way if a project is--
        (i) located in a nonattainment area that is not an extreme or 
    severe nonattainment area;
        (ii) a transportation control measure (as defined by the Clean 
    Air Act (42 U.S.C. 7401 et seq.)); and
        (iii) required to carry out the State Implementation Plan.
    (C) This subsection does not apply to a part of a project 
(including a commuter rail transportation project on an existing right 
of way) financed completely with amounts for highways made available 
under part A of title I of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1915).
    (7) A project financed under this subsection shall be carried out 
through a full financing grant agreement.
    (f) Required Payments and Eligible Costs of Projects That Enhance 
Urban Economic Development or Incorporate 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.
    (g) Letters of Intent, Full Financing Grant Agreements, and Early 
Systems Work Agreements.--(1)(A) The Secretary of Transportation may 
issue a letter of intent to an applicant announcing an intention to 
obligate, for a project under this section, an amount from future 
available budget authority specified in law that is not more than the 
amount stipulated as the financial participation of the Secretary in 
the project. The amount shall be sufficient to complete at least an 
operable segment when a letter is issued for a fixed guideway project.
    (B) At least 30 days before issuing a letter under subparagraph (A) 
of this paragraph, the Secretary of Transportation shall notify in 
writing the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate of the proposed issuance of the letter.
    (C) The issuance of a letter is deemed not to be an obligation 
under sections 1108(c) and (d), 1501, and 1502(a) of title 31 or an 
administrative commitment.
    (D) An obligation or administrative commitment may be made only 
when amounts are appropriated.
    (2)(A) The Secretary of Transportation may make a full financing 
grant agreement with an applicant. The agreement shall--
        (i) establish the terms of participation by the United States 
    Government in a project under this section;
        (ii) establish the maximum amount of Government financial 
    assistance for the project;
        (iii) cover the period of time for completing the project, 
    including a period extending beyond the period of an authorization; 
    and
        (iv) make timely and efficient management of the project easier 
    according to the law of the United States.
    (B) An agreement under this paragraph obligates an amount of 
available budget authority specified in law and may include a 
commitment, contingent on amounts to be specified in law in advance for 
commitments under this paragraph, to obligate an additional amount from 
future available budget authority specified in law. The agreement shall 
state that the contingent commitment is not an obligation of the 
Government. Interest and other financing costs of efficiently carrying 
out a part of the project within a reasonable time are a cost of 
carrying out the project under a full financing grant agreement, except 
that eligible costs may not be more than the cost of the most favorable 
financing terms reasonably available for the project at the time of 
borrowing. The applicant shall certify, in a way satisfactory to the 
Secretary of Transportation, that the applicant has shown reasonable 
diligence in seeking the most favorable financing terms. The amount 
stipulated in an agreement under this paragraph for a fixed guideway 
project shall be sufficient to complete at least an operable segment.
    (3)(A) The Secretary of Transportation may make an early systems 
work agreement with an applicant if a record of decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
been issued on the project and the Secretary finds there is reason to 
believe--
        (i) a full financing grant agreement for the project will be 
    made; and
        (ii) the terms of the work agreement will promote ultimate 
    completion of the project more rapidly and at less cost.
    (B) A work agreement under this paragraph obligates an amount of 
available budget authority specified in law and shall provide for 
reimbursement of preliminary costs of carrying out the project, 
including land acquisition, timely procurement of system elements for 
which specifications are decided, and other activities the Secretary of 
Transportation decides are appropriate to make efficient, long-term 
project management easier. A work agreement shall cover the period of 
time the Secretary considers appropriate. The period may extend beyond 
the period of current authorization. Interest and other financing costs 
of efficiently carrying out the work agreement within a reasonable time 
are a cost of carrying out the agreement, except that eligible costs 
may not be more than the cost of the most favorable financing terms 
reasonably available for the project at the time of borrowing. The 
applicant shall certify, in a way satisfactory to the Secretary, that 
the applicant has shown reasonable diligence in seeking the most 
favorable financing terms. If an applicant does not carry out the 
project for reasons within the control of the applicant, the applicant 
shall repay all Government payments made under the work agreement plus 
reasonable interest and penalty charges the Secretary establishes in 
the agreement.
    (4) The total estimated amount of future obligations of the 
Government and contingent commitments to incur obligations covered by 
all outstanding letters of intent, full financing grant agreements, and 
early systems work agreements may be not more than the greater of the 
amount authorized under section 5338(a) of this title to carry out this 
section or 50 percent of the uncommitted cash balance remaining in the 
Mass Transit Account of the Highway Trust Fund (including amounts 
received from taxes and interest earned that are more than amounts 
previously obligated), less an amount the Secretary of Transportation 
reasonably estimates is necessary for grants under this section not 
covered by a letter. The total amount covered by new letters and 
contingent commitments included in full financing grant agreements and 
early systems work agreements may be not more than a limitation 
specified in law.
    (h) Government's Share of Net Project Cost.--Based on engineering 
studies, studies of economic feasibility, and information on the 
expected use of equipment or facilities, the Secretary of 
Transportation shall estimate the net project cost. A grant for the 
project is for 80 percent of the net project cost, unless the grant 
recipient requests a lower grant percentage. The remainder shall be 
provided in cash from a source other than amounts of the Government. 
Transit system amounts that make up the remainder must be from an 
undistributed cash surplus, a replacement or depreciation cash fund or 
reserve, or new capital. The remainder for a planned extension to a 
fixed guideway system may include the cost of rolling stock previously 
purchased if the applicant satisfies the Secretary that only amounts 
other than amounts of the Government were used and that the purchase 
was made for use on the extension. A refund or reduction of the 
remainder may be made only if a refund of a proportional amount of the 
grant of the Government is made at the same time.
    (i) Loan Term Requirements.--Except for a loan under subsection (b) 
of this section, a loan, including a renewal or extension of the loan, 
may be made, and a security or obligation may be bought, only if it has 
a maturity date of not more than 40 years. Interest on a loan may not 
be less than--
        (1) a rate the Secretary of the Treasury establishes, 
    considering the current average yield on outstanding marketable 
    obligations of the Government that have remaining periods of 
    maturity comparable to the average maturity of the loan, adjusted 
    to the nearest .125 percent; plus
        (2) an allowance the Secretary of Transportation considers 
    adequate to cover administrative costs and probable losses.
    (j) Loan Payment Forgiveness.--A grant agreement for a capital 
project may forgive repaying the loan and interest in place of a cash 
grant for the amount forgiven. The amount is part of the grant and part 
of the contribution of the Government to the cost of the project.
    (k) Limitation on Making Loans and Grants for Projects.--The 
Secretary of Transportation may not make a loan under this section for 
a project for which a grant (except a relocation payment grant) is made 
under this section. However, the Secretary may make a project grant 
even though real property for the project has been or will be acquired 
through a loan under subsection (b) of this section.
    (l) Fiscal Capacity Considerations.--If the Secretary of 
Transportation gives priority consideration to financing projects that 
include more than the non-Government share required under subsection 
(h) of this section, the Secretary shall give equal consideration to 
differences in the fiscal capacity of State and local governments.
    (m) Allocating Amounts.--(1) Of the amounts available for grants 
and loans under this section for each of the fiscal years ending 
September 30, 1993-1997--
        (A) 40 percent is available for fixed guideway modernization;
        (B) 40 percent is available for capital projects for new fixed 
    guideway systems and extensions to existing fixed guideway systems; 
    and
        (C) 20 percent is available to replace, rehabilitate, and buy 
    buses and related equipment and to construct bus-related 
    facilities.
    (2) At least 5.5 percent of the amounts available in each fiscal 
year under paragraph (1)(C) of this subsection is available for areas 
other than urbanized areas.
    (3) Not later than January 20 of each year, the Secretary of 
Transportation shall submit to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a proposal on the 
allocation of amounts to be made available to finance grants and loans 
for capital projects for new fixed guideway systems and extensions to 
existing fixed guideway systems among applicants for those amounts.
    (4) A person applying for, or receiving, assistance for a project 
described in clause (A), (B), or (C) of paragraph (1) of this 
subsection may receive assistance for a project described in another of 
those clauses.
    (n) Undertaking Projects in Advance.--(1) The Secretary of 
Transportation may pay the Government's share of the net project cost 
to a State or local governmental authority that carries out any part of 
a project described in this section or a substitute transit project 
described in section 103(e)(4) of title 23 without the aid of amounts 
of the Government and according to all applicable procedures and 
requirements if--
        (A) the State or local governmental authority applies for the 
    payment;
        (B) the Secretary approves the payment; and
        (C) before carrying out the part of the project, the Secretary 
    approves the plans and specifications for the part in the same way 
    as other projects under this section or section 103(e)(4) of title 
    23.
    (2) The cost of carrying out part of a project includes the amount 
of interest earned and payable on bonds issued by the State or local 
governmental authority to the extent proceeds of the bonds are expended 
in carrying out the part. However, the amount of interest under this 
paragraph may not be more than the most favorable interest terms 
reasonably available for the project at the time of borrowing. The 
applicant shall certify, in a way satisfactory to the Secretary of 
Transportation, that the applicant has shown reasonable diligence in 
seeking the most favorable financial terms.
    (3) The Secretary of Transportation shall consider changes in 
capital project cost indices when determining the estimated cost under 
paragraph (2) of this subsection.
    (o) Use of Deobligated Amounts.--An amount available under this 
section that is deobligated may be used for any purpose under this 
section.

Sec. 5310. Grants and loans for special needs of elderly individuals 
            and individuals with disabilities

    (a) General Authority.--The Secretary of Transportation may make 
grants and loans to--
        (1) State and local governmental authorities to help them 
    provide mass transportation service planned, designed, and carried 
    out to meet the special needs of elderly individuals and 
    individuals with disabilities; and
        (2) the chief executive officer of each State for allocation 
    to--
            (A) private nonprofit corporations and associations to help 
        them provide that transportation service when the 
        transportation service provided under clause (1) of this 
        subsection is unavailable, insufficient, or inappropriate; or
            (B) governmental authorities--
                (i) approved by the State to coordinate services for 
            elderly individuals and individuals with disabilities; or
                (ii) that certify to the chief executive officer that 
            no nonprofit corporation or association readily is 
            available in an area to provide service under this 
            subsection.
    (b) Apportioning and Transferring Amounts.--The Secretary shall 
apportion amounts made available under section 5338(a) of this title 
under a formula the Secretary administers that considers the number of 
elderly individuals and individuals with disabilities in each State. 
Any State's apportionment remaining available for obligation at the 
beginning of the 90-day period before the end of the period of 
availability of the apportionment is available to the chief executive 
officer of the State for transfer to supplement amounts apportioned to 
the State under section 5311(c) or 5336(a)(1) of this title.
    (c) State Program of Projects.--Amounts made available for this 
section may be used for transportation projects to assist in providing 
transportation services for elderly individuals and individuals with 
disabilities that are included in a State program of projects. A 
program shall be submitted annually to the Secretary for approval and 
shall contain an assurance that the program provides for maximum 
feasible coordination of transportation services assisted under this 
section with transportation services assisted by other United States 
Government sources.
    (d) Eligible Capital Expenses.--A recipient of amounts under this 
section may include acquiring transportation services as an eligible 
capital expense.
    (e) Application of Section 5309.--(1) A grant or loan under 
subsection (a)(1) of this section is subject to all requirements of a 
grant or loan under section 5309 of this title, and is deemed to have 
been made under section 5309.
    (2) A grant or loan under subsection (a)(2) of this section is 
subject to requirements similar to those under paragraph (1) of this 
subsection to the extent the Secretary considers appropriate.
    (f) Minimum Requirements and Procedures for Recipients.--In 
carrying out section 5301(d) of this title, section 165(b) of the 
Federal-Aid Highway Act of 1973 (Public Law 93-87, 87 Stat. 282), and 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 
(consistent with Government-wide standards to carry out section 504), 
the Secretary shall prescribe regulations establishing minimum criteria 
a recipient of Government financial assistance under this chapter or a 
law referred to in section 165(b) shall comply with in providing mass 
transportation service to elderly individuals and individuals with 
disabilities and procedures for the Secretary to monitor compliance 
with the criteria. The regulations shall include provisions for 
ensuring that organizations and groups representing elderly individuals 
and individuals with disabilities are given adequate notice of, and an 
opportunity to comment on, the proposed activity of a recipient to 
achieve compliance with the regulations.
    (g) Leasing Vehicles.--The Secretary shall prescribe guidelines 
allowing vehicles bought under this section to be leased to local 
governmental authorities to improve transportation services designed to 
meet the special needs of elderly individuals and individuals with 
disabilities.
    (h) Meal Delivery Service to Homebound Individuals.--Mass 
transportation service providers receiving assistance under this 
section or section 5311(c) of this title may coordinate and assist in 
regularly providing meal delivery service for homebound individuals if 
the delivery service does not conflict with providing mass 
transportation service or reduce service to mass transportation 
passengers.
    (i) Transfer of Facilities and Equipment.--With the consent of the 
recipient currently having a facility or equipment acquired with 
assistance under this section, a State may transfer the facility or 
equipment to any recipient eligible to receive assistance under this 
chapter if the facility or equipment will continue to be used as 
required under this section.
    (j) Fares Not Required.--This chapter does not require that elderly 
individuals and individuals with disabilities be charged a fare.

Sec. 5311. Financial assistance for other than urbanized areas

    (a) Definition.--In this section, ``recipient'' includes a State 
authority, a local governmental authority, a nonprofit organization, 
and an operator of mass transportation service.
    (b) General Authority.--(1) The Secretary of Transportation may 
make grants for transportation projects that are included in a State 
program of mass 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.
    (c) Apportioning Amounts.--The Secretary of Transportation shall 
apportion amounts made available under section 5338(a) of this title so 
that the chief executive officer of each State receives an amount equal 
to the total amount apportioned multiplied by a ratio equal to the 
population of areas other than urbanized areas in a State divided by 
the population of all areas other than urbanized areas in the United 
States, as shown by the most recent of the following: the latest 
Government census, the population 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.
    (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 an area other than an urbanized area.
    (e) Use for Administration and Technical Assistance.--(1) The 
Secretary of Transportation may allow a State to use not more than 15 
percent of the amount apportioned under this section to administer this 
section and provide technical assistance to a recipient, including 
project planning, program and management development, coordination of 
mass transportation programs, and research the State considers 
appropriate to promote effective delivery of mass transportation to an 
area other than an urbanized area.
    (2) Except as provided in this section, a State carrying out a 
program of operating assistance under this section may not limit the 
level or extent of use of the Government grant for the payment of 
operating expenses.
    (f) Intercity Bus Transportation.--(1) A State shall expend at 
least 10 percent of the amount made available in the fiscal year ending 
September 30, 1993, and 15 percent of the amount made available in each 
fiscal year after September 30, 1993, to carry out a program to develop 
and support intercity bus transportation. Eligible activities under the 
program include--
        (A) planning and marketing for intercity bus transportation;
        (B) capital grants for intercity bus shelters;
        (C) joint-use stops and depots;
        (D) operating grants through purchase-of-service agreements, 
    user-side subsidies, and demonstration projects; and
        (E) coordinating rural connections between small mass 
    transportation operations and intercity bus carriers.
    (2) A State does not have to comply with paragraph (1) of this 
subsection in a fiscal year in which the chief executive officer of the 
State certifies to the Secretary of Transportation that the intercity 
bus service needs of the State are being met adequately.
    (g) Government's Share of Costs.--(1) In this subsection, ``amounts 
of the Government or revenues'' do not include amounts received under a 
service agreement with a State or local social service agency or a 
private social service organization.
    (2) A grant of the Government for a capital project under this 
section may not be more than 80 percent of the net cost of the project, 
as determined by the Secretary of Transportation. A grant to pay a 
subsidy for operating expenses may not be more than 50 percent of the 
net cost of the operating expense project. At least 50 percent of the 
remainder shall be provided in cash from sources other than amounts of 
the Government or revenues from providing mass transportation. Transit 
system amounts that make up the remainder shall be from an 
undistributed cash surplus, a replacement or depreciation cash fund or 
reserve, or new capital.
    (h) Amounts for Operating Assistance.--An amount made available 
under this section may be used for operating assistance.
    (i) Transfer of Facilities and Equipment.--With the consent of the 
recipient currently having a facility or equipment acquired with 
assistance under this section, a State may transfer the facility or 
equipment to any recipient eligible to receive assistance under this 
chapter if the facility or equipment will continue to be used as 
required under this section.
    (j) Relationship to Other Laws.--(1) Sections 5323(a)(1)(D) and 
5333(b) of this title apply to this section but the Secretary of Labor 
may waive the application of section 5333(b).
    (2) This subsection does not affect or discharge a responsibility 
of the Secretary of Transportation under a law of the United States.

Sec. 5312. Research, development, demonstration, and training projects

    (a) Research, Development, and Demonstration Projects.--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.
    (b) Research, Investigations, and Training.--(1) The Secretary of 
Transportation (or the Secretary of Housing and Urban Development when 
required by section 5334(i) of this title) may make grants to nonprofit 
institutions of higher learning--
        (A) to conduct competent research and investigations into the 
    theoretical or practical problems of urban transportation; and
        (B) to train individuals to conduct further research or obtain 
    employment in an organization that plans, builds, operates, or 
    manages an urban transportation system.
    (2) Research and investigations under this subsection include--
        (A) the design and use of urban mass transportation systems and 
    urban roads and highways;
        (B) the interrelationship between various modes of urban and 
    interurban transportation;
        (C) the role of transportation planning in overall urban 
    planning;
        (D) public preferences in transportation;
        (E) the economic allocation of transportation resources; and
        (F) the legal, financial, engineering, and esthetic aspects of 
    urban transportation.
    (3) When making a grant under this subsection, the appropriate 
Secretary shall give preference to an institution that brings together 
knowledge and expertise in the various social science and technical 
disciplines related to urban transportation problems.
    (c) Training Fellowships and Innovative Techniques and Methods.--
(1) The Secretary of Transportation may make grants to States, local 
governmental authorities, and operators of mass transportation systems 
to provide fellowships to train personnel employed in managerial, 
technical, and professional positions in the mass transportation field.
    (2) The Secretary of Transportation may make grants to State and 
local governmental authorities for projects that will use innovative 
techniques and methods in managing and providing mass transportation.
    (3) A fellowship under this subsection may be for not more than one 
year of training in an institution that offers a program applicable to 
the mass transportation industry. The recipient of the grant shall 
select an individual on the basis of demonstrated ability and for the 
contribution the individual reasonably can be expected to make to an 
efficient mass transportation operation. A grant for a fellowship may 
not be more than the lesser of $24,000 or 75 percent of--
        (A) tuition and other charges to the fellowship recipient;
        (B) additional costs incurred by the training institution and 
    billed to the grant recipient; and
        (C) the regular salary of the fellowship recipient for the 
    period of the fellowship to the extent the salary is actually paid 
    or reimbursed by the grant recipient.

Sec. 5313. State planning and research programs

    (a) Cooperative Research Program.--(1) Fifty percent of the amounts 
made available under section 5338(g)(3) of this title are available for 
a mass transportation cooperative research program. The Secretary of 
Transportation shall establish an independent governing board for the 
program. The board shall recommend mass transportation research, 
development, and technology transfer activities the Secretary considers 
appropriate.
    (2) The Secretary may make grants to, and cooperative agreements 
with, the National Academy of Sciences to carry out activities under 
this subsection that the Secretary decides are appropriate.
    (b) State Planning and Research.--(1) Fifty percent of the amounts 
made available under section 5338(g)(3) of this title shall be 
apportioned to States for grants and contracts consistent with the 
purposes of sections 5303-5306, 5312, 5315, 5317, and 5322 of this 
title. The amounts shall be apportioned so that each State receives an 
amount equal to the population in urbanized areas in the State, divided 
by the population in urbanized areas in all States, as shown by the 
latest available decennial census. However, a State must receive at 
least .5 percent of the amount apportioned under this subsection.
    (2) A State, as the State considers appropriate, may authorize part 
of the amount made available under this subsection to be used to 
supplement amounts available under subsection (a) of this section.
    (3) An amount apportioned under this subsection--
        (A) remains available for 3 years after the fiscal year in 
    which the amount is apportioned; and
        (B) that is unobligated at the end of the 3-year period shall 
    be reapportioned among the States for the next fiscal year.
    (c) Government's Share.--When there would be a clear and direct 
financial benefit to an entity under a grant or contract financed under 
subsection (a) of this section, the Secretary shall establish a United 
States Government share consistent with the benefit.

Sec. 5314. National planning and research programs

    (a) Program.--(1) The amounts made available under section 
5338(g)(4) of this title are available to the Secretary of 
Transportation for grants and contracts for the purposes of sections 
5303-5306, 5312, 5315, 5317, and 5322 of this title, as the Secretary 
considers appropriate.
    (2) Of the amounts made available under paragraph (1) of this 
subsection, the Secretary shall make available at least $2,000,000 to 
provide mass transportation-related technical assistance, demonstration 
programs, research, public education, and other activities the 
Secretary considers appropriate to help mass transportation providers 
comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). To the extent practicable, the Secretary shall carry 
out this paragraph through a contract with a national nonprofit 
organization serving individuals with disabilities that has a 
demonstrated capacity to carry out the activities.
    (3) Not more than 25 percent of the amounts available under 
paragraph (1) of this subsection is available to the Secretary for 
special demonstration initiatives, subject to terms the Secretary 
considers consistent with this chapter, except that section 
5323(a)(1)(D) of this title applies to an operational grant financed in 
carrying out section 5312(a) of this title. For a nonre-P newable grant 
of not more than $100,000, the Secretary shall provide expedited 
procedures on complying with the requirements of this chapter.
    (4)(A) The Secretary may undertake a program of mass transportation 
technology development in coordination with affected entities.
    (B) The Secretary shall establish an Industry Technical Panel 
composed of representatives of transportation suppliers and 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.
    (C) The Secretary shall develop guidelines for cost sharing in 
technology development projects financed under this paragraph. The 
guidelines shall be flexible and reflect the extent of technical risk, 
market risk, and anticipated supplier benefits and payback periods.
    (5) The Secretary may use amounts appropriated under this 
subsection to supplement amounts available under section 5313(a) of 
this title, as the Secretary considers appropriate.
    (b) Government's Share.--When there would be a clear and direct 
financial benefit to an entity under a grant or contract financed under 
subsection (a) of this section, the Secretary shall establish a United 
States Government share consistent with the benefit.

Sec. 5315. National mass transportation institute

    (a) Establishment and Duties.--The Secretary of Transportation 
shall make grants to Rutgers University to establish a national mass 
transportation institute. In cooperation with the Federal Transit 
Administration, State transportation departments, public mass 
transportation authorities, and national and international entities, 
the institute shall develop and conduct training programs of 
instruction for United States Government, State, and local 
transportation employees, United States citizens, and foreign nationals 
engaged or to be engaged in Government-aid mass transportation work. 
The programs may include courses in recent developments, techniques, 
and procedures related to--
        (1) mass transportation planning;
        (2) management;
        (3) environmental factors;
        (4) acquisition and joint use of rights of way;
        (5) engineering;
        (6) procurement strategies for mass transportation systems;
        (7) turnkey approaches to carrying out mass transportation 
    systems;
        (8) new technologies;
        (9) emission reduction technologies;
        (10) ways to make mass transportation accessible to individuals 
    with disabilities;
        (11) construction;
        (12) maintenance;
        (13) contract administration; and
        (14) inspection.
    (b) Related Educational and Training Programs.--The Secretary shall 
delegate to the institute the authority of the Secretary to develop and 
conduct educational and training programs related to mass 
transportation.
    (c) Providing Education and Training.--Education and training of 
Government, State, and local transportation employees under this 
section shall be provided--
        (1) by the Secretary at no cost to the States and local 
    governments for subjects that are a Government program 
    responsibility; or
        (2) when the education and training are paid under subsection 
    (d) of this section, by the State, with the approval of the 
    Secretary, through grants and contracts with public and private 
    agencies, other institutions, individuals, and the institute.
    (d) Availability of Amounts.--Not more than .5 percent of the 
amounts made available for a fiscal year beginning after September 30, 
1991, to a State or public mass transportation authority in the State 
to carry out sections 5304 and 5306 of this title is available for 
expenditure by the State and public mass transportation authorities in 
the State, with the approval of the Secretary, to pay not more than 80 
percent of the cost of tuition and direct educational expenses related 
to educating and training State and local transportation employees 
under this section.

Sec. 5316. University research institutes

    (a) Institute for National Surface Transportation Policy.--The 
Secretary of Transportation shall make grants to San Jose State 
University to establish and operate an institute for national surface 
transportation policy studies. The institute shall--
        (1) include male and female students of diverse socioeconomic 
    and ethnic backgrounds who are seeking careers in developing and 
    operating surface transportation programs; and
        (2) conduct research and development activities to analyze ways 
    of improving aspects of developing and operating surface 
    transportation programs of the United States.
    (b) Infrastructure Technology Institute.--The Secretary shall make 
grants to Northwestern University to establish and operate an institute 
to study techniques--
        (1) to evaluate and monitor infrastructure conditions;
        (2) to improve information systems for infrastructure 
    construction and management; and
        (3) to study advanced materials and automated processes for 
    constructing and rehabilitating public works facilities.
    (c) Urban Transit Institute.--The Secretary shall make grants to 
North Carolina A. and T. State University through the Institute for 
Transportation Research and Education, the University of South Florida, 
and a consortium of Florida A. and M., Florida State University, and 
Florida International University to establish and operate an 
interdisciplinary institute to study and disseminate techniques on the 
diverse transportation problems of urban areas experiencing significant 
and rapid growth.
    (d) Institute for Intelligent Vehicle-Highway Concepts.--The 
Secretary shall make grants to the University of Minnesota, Center for 
Transportation Studies, to establish and operate a national institute 
for intelligent vehicle-highway concepts. The institute shall conduct 
research and recommend development activities that focus on methods to 
increase roadway capacity, enhance safety, and reduce negative 
environmental effects of transportation facilities by using intelligent 
vehicle-highway systems technologies.
    (e) Institute for Transportation Research and Education.--The 
Secretary shall make grants to the University of North Carolina to 
conduct research and development and to direct technology transfer and 
training for State and local transportation authorities to improve the 
overall surface transportation infrastructure.
    (f) Applicability of Title 23.--Amounts authorized by section 
5338(d) of this title may be obligated in the same way as amounts are 
apportioned under chapter 1 of title 23.

Sec. 5317. Transportation centers

    (a) Grants for Regional Transportation Centers.--(1) The Secretary 
of Transportation shall make grants to nonprofit institutions of higher 
learning to establish and operate regional transportation centers in 
each of the 10 United States Government regions that comprise the 
Standard Federal Regional Boundary System.
    (2) A nonprofit institution of higher learning interested in 
receiving a grant under this subsection shall submit an application to 
the Secretary in the way and containing the information the Secretary 
prescribes. The Secretary shall select each recipient on the basis of 
the following:
        (A) the regional transportation center is located in a State 
    that is representative of the needs of the Government region for 
    improved transportation and facilities.
        (B) the demonstrated research and extension resources available 
    to the recipient to carry out this subsection.
        (C) the capability of the recipient to provide leadership in 
    making national and regional contributions to the solution of 
    immediate and long-range transportation problems.
        (D) the recipient has an established transportation program 
    encompassing several modes of transportation.
        (E) the recipient has a demonstrated commitment of at least 
    $200,000 in regularly budgeted institutional amounts each year to 
    support ongoing transportation research programs.
        (F) the recipient has a demonstrated ability to disseminate 
    results of transportation research and educational programs through 
    a statewide or regionwide continuing educational program.
        (G) the projects the recipient proposes to carry out under the 
    grant.
    (3)(A) At each regional transportation center, the following shall 
be carried out:
        (i) infrastructure research on transportation.
        (ii) research and training on transportation safety and the 
    transportation of passengers and property and the interpretation, 
    publication, and dissemination of the results of the research.
    (B) Each transportation center--
        (i) should carry out research on more than one mode of 
    transportation; and
        (ii) should consider the proportion of amounts for this 
    subsection from amounts available to carry out urban mass 
    transportation projects under this chapter and from the Highway 
    Trust Fund.
    (C) At one of the transportation centers, research may be carried 
out on the testing of new bus models.
    (4) Before making a grant under this subsection, the Secretary may 
require the recipient to make an agreement with the Secretary to ensure 
that the recipient will maintain total expenditures from all other 
sources to establish and operate a regional transportation center and 
related research activities at a level at least equal to the average 
level of those expenditures in its 2 fiscal years prior to April 2, 
1987.
    (5) A grant under this subsection is for 50 percent of the cost of 
establishing and operating the regional transportation center and 
related research activities the recipient carries out.
    (b) Grants for University Transportation Centers.--(1) To 
accelerate the involvement and participation of minority individuals 
and women in transportation-related professions, particularly in the 
science, technology, and engineering disciplines, the Secretary shall 
make grants to Morgan State University to establish a national center 
for transportation management, research, and development. The center 
shall give special attention to designing, developing, and carrying out 
research, training, and technology transfer activities to increase the 
number of highly skilled minority individuals and women entering the 
transportation workforce.
    (2) The Secretary shall make grants to the New Jersey Institute of 
Technology to establish and operate a center for transportation and 
industrial productivity. The center shall conduct research and 
development activities that focus on ways to increase surface 
transportation capacity, reduce congestion, and reduce costs for 
transportation system users and providers through the use of 
transportation management systems.
    (3) The Secretary shall make a grant to Monmouth College, West Long 
Branch, New Jersey, to modify and rebuild Building Number 500 at 
Monmouth College. Before making the grant, the Secretary shall receive 
assurances from Monmouth College that the building will be known and 
designated as the James andP Marlene Howard Transportation Information 
Center and that transportation-related instruction and research in 
computer science, electronic engineering, mathematics, and software 
engineering conducted at the building will be coordinated with the 
Center for Transportation and Industrial Productivity at the New Jersey 
Institute of Technology.
    (4) The Secretary shall make grants to the University of Arkansas 
to establish a national rural transportation center. The center shall 
conduct research, training, and technology transfer activities in the 
development, management, and operation of intermodal transportation 
systems in rural areas.
    (5)(A) The Secretary shall make grants to the University of Idaho 
to establish a National Center for Advanced Transportation Technology. 
The Center shall be established and operated in partnership with 
private industry and shall conduct industry-driven research and 
development activities that focus on transportation-related 
manufacturing and engineering processes, materials, and equipment.
    (B) The Secretary shall make grants to the University of Idaho to 
plan, design, and construct a building in which to conduct the research 
and development activities of the Center.
    (C) Amounts authorized by section 5338(e)(2) of this title may be 
obligated in the same way as amounts apportioned under chapter 1 of 
title 23 (except that the Government share of the cost of the 
activities conducted under this paragraph is 80 percent and the amounts 
remain available until expended) and are not subject to an obligational 
limitation.
    (D) A grant made under this paragraph is not subject to the 
requirements of this section (except this paragraph).
    (c) Program Coordination.--The Secretary shall provide for 
coordinating research, education, training, and technology transfer 
activities that grant recipients carry out under this section, the 
dissemination of the results of the research, and the establishment and 
operation of a clearinghouse between the centers and the transportation 
industry. At least annually, the Secretary shall review and evaluate 
programs the grant recipients carry out. The Secretary may use not more 
than one percent of amounts made available from Government sources to 
carry out this section to carry out this subsection.
    (d) Obligation Ceiling.--Amounts authorized to carry out this 
section (except subsection (b)(3)) are subject to obligational 
limitations established under section 1002 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 
1916).
    (e) Amounts Available for Technology Transfer Activities.--At least 
5 percent of the amounts made available to carry out this section in a 
fiscal year are available to carry out technology transfer activities.
    (f) Allocation Among Government Regions.--The Secretary shall 
allocate amounts available to carry out this section equitably among 
the Government regions.

Sec. 5318. Bus testing facility

    (a) Establishment.--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.
    (b) Operation and Maintenance.--The Secretary shall make a contract 
with a qualified person to operate and maintain the facility. The 
contract may provide for the testing of rail cars and other vehicles at 
the facility.
    (c) Fees.--The person operating and maintaining the facility shall 
establish and collect fees for the testing of vehicles at the facility. 
The Secretary must approve the fees.
    (d) Availability of Amounts To Pay for Testing.--The Secretary 
shall make a contract with the operator of the facility under which the 
Secretary shall pay 80 percent of the cost of testing a vehicle at the 
facility from amounts available under section 5338(j)(5) of this title. 
The entity having the vehicle tested shall pay 20 percent of the cost.
    (e) Revolving Loan Fund.--The Secretary has a bus testing revolving 
loan fund consisting of amounts authorized for the fund under section 
317(b)(5) of the Surface Transportation and Relocation Assistance Act 
of 1987. The Secretary shall make available as repayable advances from 
the fund to the person operating and maintaining the facility amounts 
to operate and maintain theP facility.

Sec. 5319. Bicycle facilities

    A project to provide access for bicycles to mass transportation 
facilities, to provide shelters and parking facilities for bicycles in 
or around mass transportation facilities, or to install equipment for 
transporting bicycles on mass transportation vehicles is a capital 
project eligible for assistance under sections 5307, 5309, and 5311 of 
this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g) of 
this title, a grant of the United States Government under this chapter 
for a project under this section is for 90 percent of the cost of the 
project.

Sec. 5320. Suspended light rail system technology pilot project

    (a) Purpose.--The purpose of this section is to provide for the 
construction by a public entity of a suspended light rail system 
technology pilot project--
        (1) to assess the state of new technology for a suspended light 
    rail system; and
        (2) to establish the feasibility, costs, and benefits of using 
    the system to transport passengers.
    (b) General Requirements.--The project shall--
        (1) use new rail technology with individual vehicles on a 
    prefabricated elevated steel guideway;
        (2) be stability-seeking with a center of gravity for the 
    detachable passenger vehicles located below the point of wheel-rail 
    contact; and
        (3) use vehicles that are driven by overhead bogies with high 
    efficiency, low maintenance electric motors for each wheel, 
    operating in a slightly sloped plane from vertical for the wheels 
    and the running rails, to further increase stability, acceleration, 
    and braking performance.
    (c) Competition.--(1) The Secretary of Transportation shall conduct 
a national competition to select a public entity with which to make a 
full financing grant agreement to construct the project. Not later than 
April 16, 1992, the Secretary shall select 3 public entities to be 
finalists in the competition. In conducting the competition and 
selecting public entities, the Secretary shall consider--
        (A) the public entity's demonstrated understanding and 
    knowledge of the project and its technical, managerial, and 
    financial capacity to construct, manage, and operate the project; 
    and
        (B) maximizing potential contributions to the cost of the 
    project by State, local, and private sector entities, including 
    donation of in-kind services and materials.
    (2) The Secretary shall award a grant to each finalist to be used 
to participate in the final phase of the competition under procedures 
the Secretary prescribes. A grant may not be more than 80 percent of 
the cost of participating. A finalist may not receive more than one-
third of the amount made available under subsection (h)(1)(A) of this 
section.
    (3) Not later than July 15, 1992, the Secretary shall select from 
among the 3 finalists a public entity with which to make a full 
financing grant agreement.
    (d) Environmental Impact.--Not later than 270 days after a public 
entity is selected under subsection (c) of this section, the Secretary 
shall approve and publish in the Federal Register a notice announcing 
either a finding of no significant impact or a draft environmental 
impact statement for the project. The alternatives analysis for the 
project shall include a decision on whether to construct the project. 
If a draft statement is published, the Secretary, not later than 180 
days after publication, shall approve and publish in the Federal 
Register a notice of completion of a final environmental impact 
statement.
    (e) Full Financing Grant Agreement.--Not later than 60 days after 
carrying out the requirements of subsection (d) of this section, the 
Secretary shall make a full financing grant agreement under section 
5309 of this title with the public entity selected under subsection (c) 
of this section to construct the project. The agreement shall provide 
that the system vendor for the project shall finance--
        (1) 100 percent of any deficit incurred in operating the 
    project in the first 2 years of revenue operations of the project; 
    and
        (2) 50 percent of any deficit incurred in operating the project 
    in the 3d year of revenue operations of the project.
    (f) Notice To Proceed.--Not later than 30 days after making the 
full financing grant agreement, the Secretary shall issue a notice to 
proceed with construction.
    (g) Option Not To Construct and Reawarding the Grant.--(1) Not 
later than 30 days after completing preliminary engineering and design, 
the selected public entity shall decide whether to proceed to 
constructing the project. If the entity decides not to proceed--
        (A) the Secretary shall not make the full financing grant 
    agreement;
        (B) remaining amounts received shall be returned to the 
    Secretary and credited to the Mass Transit Account of the Highway 
    Trust Fund; and
        (C) the Secretary shall use the credited amount and other 
    amounts to be provided under this section to award to another 
    entity selected under subsection (c)(1) of this section a grant 
    under section 5309 of this title to construct the project.
    (2) Not later than 60 days after a decision is made under paragraph 
(1) of this subsection, a grant shall be awarded under paragraph (1)(C) 
of this section after completing a competitive process for selecting 
the grant recipient.
    (h) Financing.--(1) The Secretary shall pay from amounts provided 
under section 5309 of this title the following:
        (A) at least $1,000,000 for the fiscal year ending September 
    30, 1992, for grants under subsection (c)(2) of this section.
        (B) at least $4,000,000 for the fiscal year ending September 
    30, 1993, for the United States Government share of the costs (as 
    determined under section 5309 of this title) if the systems 
    planning, alternatives analysis, preliminary engineering, and 
    design and environmental impact statement are required by law for 
    the project.
        (C) at least $30,000,000 for the fiscal year ending September 
    30, 1994, as provided in the grant agreement under subsection (e) 
    of this section, for the Government share of the construction costs 
    of the project.
    (2) The grant agreement under subsection (e) of this section shall 
provide that for the 3d year of revenue operations of the project, the 
Secretary shall pay from amounts provided under this section the 
Government share of operating costs in an amount equal to the lesser of 
50 percent of the deficit incurred in operating the project in that 
year or $300,000.
    (3) Amounts not expended under paragraph (1)(A) of this subsection 
are available for the Government share of costs described in paragraph 
(1)(B) and (C) of this subsection.
    (4) Amounts under paragraph (1)(B) and (C) of this subsection 
remain available until expended.
    (i) Government's Share of Costs.--The Government share of the cost 
of constructing the project is 80 percent of the net cost of the 
project.
    (j) Project Not Subject to Major Capital Investment Policy.--The 
project is not subject to the major capital investment policy of the 
Federal Transit Administration.
    (k) Report.--Not later than January 30, 1993, and each year after 
that date, the Secretary shall submit to Congress a report on the 
progress and results of the project.

Sec. 5321. Crime prevention and security

    The Secretary of Transportation may make capital grants from 
amounts available under section 5338 of this title to mass 
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.

Sec. 5322. Human resource programs

    The Secretary of Transportation may undertake, or make grants and 
contracts for, programs that address human resource needs as they apply 
to mass transportation activities. A program may include--
        (1) an employment training program;
        (2) an outreach program to increase minority and female 
    employment in mass transportation activities;
        (3) research on mass transportation personnel and training 
    needs; and
        (4) training and assistance for minority business oppor-P 
    tunities.

Sec. 5323. General provisions on assistance

    (a) Interests in Property.--(1) Financial assistance provided under 
this chapter to a State or a local governmental authority may be used 
to acquire an interest in, or buy property of, a private mass 
transportation company, for a capital project for property acquired 
from a private mass transportation company after July 9, 1964, or to 
operate mass transportation equipment or a mass transportation facility 
in competition with, or in addition to, transportation service provided 
by an existing mass transportation company, only if--
        (A) the Secretary of Transportation finds the assistance is 
    essential to a program of projects required under sections 5303-
    5306 of this title;
        (B) the Secretary of Transportation finds that the program, to 
    the maximum extent feasible, provides for the participation of 
    private mass transportation companies;
        (C) just compensation under State or local law will be paid to 
    the company for its franchise or property; and
        (D) the Secretary of Labor certifies that the assistance 
    complies with section 5333(b) of this title.
    (2) A governmental authority may not use financial assistance of 
the United States Government to acquire land, equipment, or a facility 
used in mass transportation from another governmental authority in the 
same geographic area.
    (b) Notice and Public Hearing.--(1) An application for a grant or 
loan under this chapter (except section 5307) for a capital project 
that will affect substantially a community, or the mass transportation 
service of a community, must include a certificate of the applicant 
that the applicant has--
        (A) provided an adequate opportunity for a public hearing with 
    adequate prior notice;
        (B) held that hearing unless no one with a significant 
    economic, social, or environmental interest requested one;
        (C) considered the economic, social, and environmental effects 
    of the project; and
        (D) found that the project is consistent with official plans 
    for developing the urban area.
    (2) Notice of a hearing under this subsection shall include a 
concise description of the proposed project and shall be published in a 
newspaper of general circulation in the geographic area the project 
will serve. If a hearing is held, a copy of the transcript of the 
hearing shall be submitted with the application.
    (c) Acquiring New Bus Models.--Amounts appropriated or made 
available under this chapter (except section 5307) after September 30, 
1989, may be obligated or expended to acquire a new bus model only if a 
bus of the model has been tested at the facility established under 
section 5318 of this title.
    (d) Buying and Operating Buses.--(1) Financial assistance under 
this chapter may be used to buy or operate a bus only if the applicant, 
governmental authority, or publicly owned operator that receives the 
assistance agrees that, except as provided in the agreement, the 
governmental authority or an operator of mass transportation for the 
governmental authority will not provide charter bus transportation 
service outside the urban area in which it provides regularly scheduled 
mass transportation service. An agreement shall provide for a fair 
arrangement the Secretary of Transportation considers appropriate to 
ensure that the assistance 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) 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.
    (e) Bus Passenger Seat Functional Specifications.--The initial 
advertising by a State or local governmental authority for bids to 
acquire buses using financial assistance under this chapter (except 
section 5307) may include passenger seat functional 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.
    (f) Schoolbus Transportation.--(1) Financial assistance under this 
chapter may be used for a capital project, or to operate mass 
transportation equipment or a mass transportation facility, only if the 
applicant agrees not to provide schoolbus transportation that 
exclusively transports students and school personnel in 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;
        (B) unless a private schoolbus operator can provide adequate 
    transportation that complies with applicable safety standards at 
    reasonable rates; and
        (C) to a State or local governmental authority if it or a 
    direct predecessor in interest from which it acquired the duty of 
    transporting school children and personnel, and facilities to 
    transport them, provided schoolbus transportation at any time after 
    November 25, 1973, but before November 26, 1974.
    (2) An applicant violating an agreement under this subsection may 
not receive other financial assistance under this chapter.
    (g) Buying Buses Under Other Laws.--Subsections (d) and (f) of this 
section apply to financial assistance to buy a bus under sections 
103(e)(4) and 142(a) or (c) of title 23. However, subsection (f)(1)(C) 
of this section applies to sections 103(e)(4) and 142(a) or (c) only if 
schoolbus transportation was provided at any time after August 12, 
1972, but before August 13, 1973.
    (h) Grant and Loan Prohibitions.--A grant or loan may not be used 
to--
        (1) pay ordinary governmental or nonproject operating expenses; 
    or
        (2) support a procurement that uses an exclusionary or 
    discriminatory specification.
    (i) Government's Share of Costs for Certain Projects.--A 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.
    (j) Buy American.--(1) The Secretary of Transportation may obligate 
an amount that may be appropriated to carry out this chapter for a 
project only if the steel, iron, and manufactured goods used in the 
project are produced in the United States.
    (2) The Secretary of Transportation may waive paragraph (1) of this 
subsection if the Secretary finds that--
        (A) applying paragraph (1) would be inconsistent with the 
    public interest;
        (B) the steel, iron, and goods produced in the United States 
    are not produced in a sufficient and reasonably available amount or 
    are not of a satisfactory quality;
        (C) when procuring rolling stock (including train control, 
    communication, and traction power equipment) under this chapter--
            (i) the cost of components and subcomponents produced in 
        the United States is more than 60 percent of the cost of all 
        components of the rolling stock; and
            (ii) final assembly of the rolling stock has occurred in 
        the United States; or
        (D) including domestic material will increase the cost of the 
    overall project by more than 25 percent.
    (3) In this subsection, labor costs involved in final assembly are 
not included in calculating the cost of components.
    (4) The Secretary of Transportation may not make a waiver under 
paragraph (2) of this subsection for goods produced in a foreign 
country if the Secretary, in consultation with the United States Trade 
Representative, decides that the government of that foreign country--
        (A) has an agreement with the United States Government under 
    which the Secretary has waived the requirement of this subsection; 
    and
        (B) has violated the agreement by discriminating against goods 
    to which this subsection applies that are produced in the United 
    States and to which the agreement applies.
    (5) A person is ineligible under subpart 9.4 of chapter 1 of title 
48, Code of Federal Regulations, to receive a contract or subcontract 
made with amounts authorized under the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 
1914) 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 clause (A) of this 
    paragraph were produced in the United States.
    (6) The Secretary of Transportation 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.
    (7) 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.
    (k) Application of Section 135 of Title 23.--The planning and 
programming requirements of section 135 of title 23 apply to a grant 
made under sections 5307-5311 of this title.

Sec. 5324. Limitations on discretionary and special needs grants and 
            loans

    (a) Relocation Program Requirements.--Financial assistance may be 
provided under section 5309 of this title only if the Secretary of 
Transportation decides that--
        (1) an adequate relocation program is being carried out for 
    families displaced by a project; and
        (2) an equal number of decent, safe, and sanitary dwellings are 
    being, or will be, provided to those families in the same area or 
    in another area generally not less desirable for public utilities 
    and public and commercial facilities, at rents or prices within the 
    financial means of those families, and with reasonable access to 
    their places of employment.
    (b) Economic, Social, and Environmental Interests.--(1) In carrying 
out section 5301(e) of this title, the Secretary of Transportation 
shall cooperate and consult with the Secretaries of Agriculture, Health 
and Human Services, Housing and Urban Development, and the Interior and 
the Council on Environmental Quality on each project that may have a 
substantial impact on the environment.
    (2) In carrying out section 5309 of this title, the Secretary of 
Transportation shall review each transcript of a hearing submitted 
under section 5323(b) of this title to establish that an adequate 
opportunity to present views was given to all parties with a 
significant economic, social, or environmental interest and that the 
project application includes a statement on--
        (A) the environmental impact of the proposal;
        (B) adverse environmental effects that cannot be avoided;
        (C) alternatives to the proposal; and
        (D) irreversible and irretrievable impacts on the environment.
    (3)(A) The Secretary of Transportation may approve an application 
for financial assistance under section 5309 of this title only if the 
Secretary makes written findings, after reviewing the application and 
any hearings held before a State or local governmental authority under 
section 5323(b) of this title, that--
        (i) an adequate opportunity to present views was given to all 
    parties with a significant economic, social, or environmental 
    interest;
        (ii) the preservation and enhancement of the environment, and 
    the interest of the community in which a project is located, were 
    considered; and
        (iii) no adverse environmental effect is likely to result from 
    the project, or no feasible and prudent alternative to the effect 
    exists and all reasonable steps have been taken to minimize the 
    effect.
    (B) If a hearing has not been conducted or the Secretary of 
Transportation decides that the record of the hearing is inadequate for 
making the findings required by this subsection, the Secretary shall 
conduct a hearing on an environmental issue raised by the application 
after giving adequate notice to interested persons.
    (C) A finding of the Secretary of Transportation under subparagraph 
(A) of this paragraph shall be made a matter of public record.
    (c) Prohibitions Against Regulating Operations and Charges.--The 
Secretary of Transportation may not regulate the operation of a mass 
transportation system for which a grant is made under section 5309 of 
this title and, after a grant is made, may not regulate any charge for 
the system. However, the Secretary may require the local governmental 
authority, corporation, or association to comply with any undertaking 
provided by it related to its grant application.

Sec. 5325. Contract requirements

    (a) Noncompetitive Bidding.--A capital project or improvement 
contract for which a grant or loan is made under this chapter, if the 
contract is not made through competitive bidding, shall provide that 
records related to the contract shall be made available to the 
Secretary of Transportation and the Comptroller General, or an officer 
or employee of the Secretary or Comptroller General, when conducting an 
audit and inspection.
    (b) Acquiring Rolling Stock.--A recipient of financial 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.
    (c) Procuring Associated Capital Maintenance Items.--A recipient of 
a grant under section 5307 of this title procuring an associated 
capital maintenance item under section 5307(b) may make a contract 
directly with the original manufacturer or supplier of the item to be 
replaced, without receiving prior approval of the Secretary, if the 
recipient first certifies in writing to the 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.
    (d) Management, Architectural, and Engineering Contracts.--A 
contract for program management, construction management, a feasibility 
study, and preliminary engineering, design, architectural, engineering, 
surveying, mapping, or related services for a project for which a grant 
or loan is made under this chapter shall be awarded in the same way as 
a contract for architectural and engineering services is negotiated 
under title IX of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based 
requirement of a State. This subsection does not apply to the extent a 
State has adopted or adopts by law a formal procedure for procuring 
those services.

Sec. 5326. Special procurements

    (a) Turnkey System Projects.--(1) In this subsection, ``turnkey 
system project'' means a project under which a recipient makes a 
contract with a seller, firm, or consortium of firms to construct a 
mass transportation system that meets specific performance criteria and 
that the seller operates for a period of time.
    (2) To advance new technologies and lower the cost of a capital 
project for a new mass transportation system, the Secretary of 
Transportation shall allow solicitation for a turnkey system project to 
be financed under this chapter to be awarded conditionally before 
United States Government requirements have been met on the project if 
the award is made without prejudice to carrying out those requirements. 
Government financial assistance under this chapter may be made 
available for the project after the recipient complies with Government 
requirements.
    (3) To develop regulations applying generally to turnkey system 
projects, the Secretary may approve at least 2 projects for an initial 
demonstration phase. The results of the demonstration projects (and 
other projects using this procurement method on December 18, 1991) 
shall be considered in developing guidelines to carry out this 
subsection.
    (b) Multiyear Rolling Stock.--(1) A recipient procuring 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.
    (2) The Secretary shall allow at least 2 recipients to act on a 
cooperative basis to procure rolling stock in compliance with this 
subsection and other Government procurement requirements.
    (c) Efficient Procurement.--A recipient may award a procurement 
contract under this chapter to other than the lowest bidder when the 
award furthers an objective consistent with the purposes of this 
chapter, including improved long-term operating efficiency and lower 
long-term costs. Not later than March 17, 1992, the Secretary shall--
        (1) make appropriate changes in existing procedures to make the 
    policy stated in this subsection readily practicable for all mass 
    transportation authorities; and
        (2) prescribe guidance that clarifies and carries out the 
    policy.

Sec. 5327. Project management oversight

    (a) Project Management Plan Requirements.--To receive United States 
Government financial assistance for a major capital project under this 
chapter or the National Capital Transportation Act of 1969 (Public Law 
91-143, 83 Stat. 320), a recipient must prepare and carry out a project 
management plan approved by the Secretary of Transportation. The plan 
shall provide for--
        (1) adequate recipient staff organization with well-defined 
    reporting relationships, statements of functional 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; and
        (12) the recipient's commitment to submit a project budget and 
    project schedule to the Secretary each month.
    (b) Plan Approval.--(1) The Secretary shall approve a plan not 
later than 60 days after it is submitted. If the approval cannot be 
completed within 60 days, the Secretary shall notify the recipient, 
explain the reasons for the delay, and estimate the additional time 
that will be required.
    (2) The Secretary shall inform the recipient of the reasons when a 
plan is disapproved.
    (c) Limitations on Use of Available Amounts.--(1) The Secretary may 
use not more than .5 percent of amounts made available for a fiscal 
year to carry out section 5307, 5309, or 5311 of this title, an 
interstate transfer mass transportation project under section 103(e)(4) 
of title 23 as in effect on September 30, 1991, or a project under the 
National Capital Transportation Act of 1969 (Public Law 91-143, 83 
Stat. 320) to make a contract to oversee the construction of a major 
project under section 5307, 5309, 5311, or 103(e)(4) of that Act. The 
Secretary may use when necessary not more than an additional .25 
percent of amounts made available in a fiscal year to carry out a major 
project under section 5307 to make a contract to oversee the 
construction of the project.
    (2) The Secretary may use amounts available under paragraph (1) of 
this subsection to make contracts for safety, procurement, management, 
and financial compliance reviews and audits of a recipient of amounts 
under paragraph (1). Subsections (a), (b), and (e) of this section do 
not apply to contracts under this paragraph.
    (3) The Government shall pay the entire cost of carrying out a 
contract under this subsection.
    (d) Access to Sites and Records.--Each recipient of assistance 
under this chapter or section 14(b) of the National Capital 
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), as added 
by section 2 of the National Capital Transportation Amendments of 1979 
(Public Law 96-184, 93 Stat. 1320), shall provide the Secretary and a 
contractor the Secretary chooses under subsection (c) of this section 
with access to the construction sites and records of the recipient when 
reasonably necessary.
    (e) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section. The regulations shall include--
        (1) a definition of ``major capital project'' for subsection 
    (c) of this section that excludes a project to acquire rolling 
    stock or to maintain or rehabilitate a vehicle; and
        (2) a requirement that oversight begin during the preliminary 
    engineering stage of a project, unless the Secretary finds it more 
    appropriate to begin the oversight during another stage of the 
    project, to maximize the transportation benefits and cost savings 
    associated with project management oversight.

Sec. 5328. Project review

    (a) Schedule.--(1) When the Secretary of Transportation allows a 
new fixed guideway project to advance into the alternatives analysis 
stage of project review, the Secretary shall cooperate with the 
applicant in alternatives analysis and in preparing a draft 
environmental impact statement and shall approve the draft for 
circulation not later than 45 days after the applicant submits the 
draft to the Secretary.
    (2) After the draft is circulated and not later than 30 days after 
the applicant selects a locally preferred alternative, the Secretary 
shall allow the project to advance to the preliminary engineering stage 
if the Secretary finds the project is consistent with section 
5309(e)(1)-(6) of this title.
    (3) The Secretary shall issue a record of decision and allow a 
project to advance to the final design stage of construction not later 
than 120 days after the final environmental impact statement for the 
project is completed.
    (4) The Secretary shall make a full financing grant agreement under 
section 5309 of this title for a project not later than 120 days after 
the project enters the final design stage of construction. The 
agreement shall provide for a United States Government share of the 
construction cost at least equal to the Government share estimated in 
the Secretary's most recent report required under section 5309(m)(2) of 
this title or an update of the report unless the applicant requests 
otherwise.
    (b) Allowed Delays.--(1) Advancement of a project under the time 
requirements of subsection (a) of this section may be delayed only--
        (A) for the time the applicant may request; or
        (B) during the time the Secretary finds, after reasonable 
    notice and an opportunity for comment, that the applicant, for 
    reasons attributable only to the applicant, has not complied 
    substantially with the provisions of this chapter applicable to the 
    project.
    (2) Not more than 10 days after imposing a delay under paragraph 
(1)(B) of this subsection, the Secretary shall give the applicant a 
written statement explaining the reasons for the delay and describing 
actions the applicant must take to end the delay.
    (3) At least once every 6 months, the Secretary shall report to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate on each situation in which the Secretary has not 
met a time requirement of subsection (a) of this section or delayed a 
time requirement under paragraph (1)(B) of this subsection. The report 
shall explain the reasons for the delay and include a plan for 
achieving timely completion of the Secretary's review.
    (c) Program of Interrelated Projects.--(1) In this subsection, a 
program of interrelated projects includes the following:
        (A) the New Jersey Urban Core Project (as defined in title III 
    of the Intermodal Surface Transportation Efficiency Act of 1991 
    (Public Law 102-240, 105 Stat. 2087)).
        (B) the San Francisco Bay Area Rail Extension Program, 
    consisting of at least an extension of the San Francisco Bay Area 
    Rapid Transit District to the San Francisco International Airport 
    (Phase 1a to Colma and Phase 1b to San Francisco Airport), the 
    Santa Clara County Transit District Tasman Corridor Project, a 
    program element designated by a change to the Metropolitan 
    Transportation Commission Resolution No. 1876, and a program 
    element financed completely with non-Government amounts, including 
    the BART Warm Springs Extension, Dublin Extension, and West 
    Pittsburg Extension.
        (C) the Los Angeles Metro Rail Minimum Operable Segment-3 
    Program, consisting of 7 stations and approximately 11.6 miles of 
    heavy rail subway on the following lines:
            (i) one line running west and northwest from the Hollywood/
        Vine station to the North Hollywood station, with 2 
        intermediate stations.
            (ii) one line running west from the Wilshire/Western 
        station to the Pico/San Vicente station, with one intermediate 
        station.
            (iii) the East Side Extension, consisting of an initial 
        line of approximately 3 miles, with at least 2 stations, 
        beginning at Union Station and running generally east.
        (D) the Baltimore-Washington Transportation Improvement 
    Program, consisting of 3 extensions of the Baltimore Light Rail to 
    Hunt Valley, Penn Station, and Baltimore-Washington Airport, MARC 
    extensions to Frederick and Waldorf, Maryland, and an extension of 
    the Washington Subway system to Largo, Maryland.
        (E) the Tri-County Metropolitan Transportation District of 
    Oregon Westside Light Rail Program, consisting of the locally 
    preferred alternative for the Westside Light Rail Project, 
    including system related costs, contained in the Department of 
    Transportation and Related Agencies Appropriations Act, 1991 
    (Public Law 101-516, 104 Stat. 2155), and defined in House Report 
    101-584, and the Hillsboro extension to the Westside Light Rail 
    Project contained in that Act.
        (F) the Queens Local/Express Connector Program, consisting of 
    the locally preferred alternative for the connection of the 63d 
    Street tunnel extension to the Queens Boulevard lines, the bell-
    mouth part of the connector that will allow for future access by 
    commuter rail trains and other subway lines to the 63d Street 
    tunnel extension, planning elements for connecting the upper and 
    lower levels to commuter and subway lines in Long Island City, and 
    planning elements for providing a connector for commuter rail 
    transportation to the East side of Manhattan and subway lines to 
    the proposed Second Avenue subway.
        (G) the Dallas Area Rapid Transit Authority light rail elements 
    of the New System Plan, consisting of the locally preferred 
    alternative for the South Oak Cliff corridor, the South Oak Cliff 
    corridor extension-Camp Wisdom, the West Oak Cliff corridor-
    Westmoreland, the North Central corridor-Park Lane, the North 
    Central corridor-Richardson, Plano, and Garland extensions, the 
    Pleasant Grove corridor-Buckner, and the Carrollton corridors-
    Farmers Branch and Las Colinas terminal.
        (H) other programs designated by law or the Secretary.
    (2) Consistent with the time requirements of subsection (a) of this 
section or as otherwise provided by law, the Secretary shall make at 
least one full financing grant agreement for each program described in 
paragraph (1) of this subsection. The agreement shall include 
commitments to advance each of the applicant's program elements (in the 
program of interrelated projects) through the appropriate program 
review stages as provided in subsection (a) or as otherwise provided by 
law and to provide Government financing for each element. The agreement 
may be changed to include design and construction of a particular 
element.
    (3) When reviewing a project in a program of interrelated projects, 
the Secretary shall consider the local financial commitment, 
transportation effectiveness, and other assessment factors of all 
program elements to the extent consideration expedites carrying out the 
project.
    (4) Including a program element not financed by the Government in a 
program of interrelated projects does not impose Government 
requirements that otherwise would not apply to the element.

Sec. 5329. Investigation of safety hazards

    (a) General.--The Secretary of Transportation may investigate a 
condition in equipment, a facility, or an operation financed under this 
chapter that the Secretary believes causes a serious hazard of death or 
injury to establish the nature and extent of the condition and how to 
eliminate or correct it. If the Secretary establishes that a condition 
causes a hazard, the Secretary shall require the local governmental 
authority receiving amounts under this chapter to submit a plan for 
correcting it. The Secretary may withhold further financial assistance 
under this chapter until a plan is approved and carried out.
    (b) Report.--Not later than June 15, 1992, the Secretary shall 
submit to Congress a report containing--
        (1) a description of actions taken to identify and investigate 
    conditions in a facility, equipment, or way of operating as part of 
    the findings and decisions required of the Secretary in providing a 
    grant or loan under this chapter;
        (2) a description of actions of the Secretary to correct or 
    eliminate, as a requirement for making an amount available through 
    a grant or loan under this chapter, a condition found to create a 
    serious hazard of death or injury;
        (3) a summary of all passenger-related deaths and injuries 
    resulting from an unsafe condition in a facility, equipment, or way 
    of operating a facility or equipment at least partly financed under 
    this chapter;
        (4) a summary of all employee-related deaths and injuries 
    resulting from an unsafe condition in a facility, equipment, or way 
    of operating a facility or equipment at least partly financed under 
    this chapter;
        (5) a summary of action of the Secretary to correct or 
    eliminate the unsafe condition to which the deaths and injuries 
    referred to in clauses (3) and (4) of this subsection were 
    attributed;
        (6) a summary of actions of the Secretary to alert mass 
    transportation operators of the nature of the unsafe condition 
    found to create a serious hazard of death or injury; and
        (7) recommendations of the Secretary to Congress of any 
    legislative or administrative actions necessary to ensure that all 
    recipients of amounts under this chapter will undertake the best 
    way available to correct or eliminate hazards of death or injury, 
    including--
            (A) a timetable for undertaking actions;
            (B) an estimate of the capital and operating cost to take 
        the actions; and
            (C) minimum standards for establishing and carrying out 
        safety plans by recipients of amounts under thisP chapter.

Sec. 5330. Withholding amounts for noncompliance with safety 
            requirements

    (a) Application.--This section applies only to States that have 
rail fixed guideway mass transportation systems not subject to 
regulation by the Federal Railroad Administration.
    (b) General Authority.--The Secretary of Transportation may 
withhold not more than 5 percent of the amount required to be 
appropriated for use in a State or urbanized area in the State under 
section 5307 of this title for a fiscal year beginning after September 
30, 1994, if the State in the prior fiscal year has not met the 
requirements of subsection (c) of this section and the Secretary 
decides the State is not making an adequate effort to comply with 
subsection (c).
    (c) State Requirements.--A State meets the requirements of this 
section if the State--
        (1) establishes and is carrying out a safety program plan for 
    each fixed guideway mass transportation system in the State that 
    establishes at least safety requirements, lines of authority, 
    levels of responsibility and accountability, and methods of 
    documentation for the system; and
        (2) designates a State authority as having responsibility--
            (A) to require, review, approve, and monitor the carrying 
        out of each plan;
            (B) to investigate hazardous conditions and accidents on 
        the systems; and
            (C) to require corrective action to correct or eliminate 
        those conditions.
    (d) Multistate Involvement.--When more than one State is subject to 
this section in connection with a single mass transportation authority, 
the affected States may designate an entity (except the mass 
transportation authority) to ensure uniform safety standards and 
enforcement and to meet the requirements of subsection (c) of this 
section.
    (e) Availability of Withheld Amounts.--(1) An amount withheld under 
subsection (b) of this section remains available for apportionment for 
use in the State until the end of the 2d fiscal year after the fiscal 
year for which the amount may be appropriated.
    (2) If a State meets the requirements of subsection (c) of this 
section before the last day of the period for which an amount withheld 
under subsection (b) of this section remains available under paragraph 
(1) of this subsection, the Secretary, on the first day on which the 
State meets the requirements, shall apportion to the State the amount 
withheld that remains available for apportionment for use in the State. 
An amount apportioned under this paragraph remains available until the 
end of the 3d fiscal year after the fiscal year in which the amount is 
apportioned. An amount not obligated at the end of the 3-year period 
shall be apportioned for use in other States under section 5336 of this 
title.
    (3) If a State does not meet the requirements of subsection (c) of 
this section at the end of the period for which an amount withheld 
under subsection (b) of this section remains available under paragraph 
(1) of this subsection, the amount shall be apportioned for use in 
other States under section 5336 of this title.
    (f) Regulations.--Not later than December 18, 1992, the Secretary 
shall prescribe regulations stating the requirements for complying with 
subsection (c) of this section.

Sec. 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 of Transportation 
    decides has a risk to transportation safety.
        (2) ``person'' includes any entity organized or existing under 
    the laws of the United States, a State, territory, or possession of 
    the United States, or a foreign country.
        (3) ``mass transportation'' means any form of mass 
    transportation, except a form the Secretary decides is covered 
    adequately, for employee alcohol and controlled substances testing 
    purposes, under subchapter III of chapter 201 or section 31306 of 
    this title.
    (b) Testing Program for Mass Transportation Employees.--(1)(A) 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.
    (B) When the Secretary of Transportation considers it appropriate 
in the interest of safety, the Secretary may prescribe regulations for 
conducting periodic recurring 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 Government regulation.
    (2) In prescribing regulations under this subsection, the Secretary 
of Transportation--
        (A) shall require that post-accident testing of such a mass 
    transportation employee be conducted when loss of human life occurs 
    in an accident involving mass transportation; and
        (B) may require that post-accident testing of such a mass 
    transportation employee be conducted when bodily injury or 
    significant property damage occurs in any other serious accident 
    involving mass transportation.
    (c) Disqualifications for Use.--(1) When the Secretary of 
Transportation considers it appropriate, the Secretary shall require 
disqualification for an established period of time or dismissal of any 
employee referred to in subsection (b)(1) of this section who is 
found--
        (A) to have used or been impaired by alcohol when on duty; or
        (B) to have used a controlled substance, whether or not on 
    duty, except as allowed for medical purposes by law or regulation.
    (2) This section does not supersede any penalty applicable to a 
mass transportation employee under another law.
    (d) Testing and Laboratory Requirements.--In carrying out 
subsection (b) of this section, the Secretary of Transportation shall 
develop requirements that shall--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled 
    substances, incorporate the Department of Health and Human Services 
    scientific and technical guidelines dated April 11, 1988, and any 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of 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 of Transportation shall 
prescribe regulations establishing requirements for rehabilitation 
programs that provide for the identification and opportunity for 
treatment of any mass transportation employee referred to in 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 mass transportation operation from establishing a program 
under this section in cooperation with another mass transportation 
operation.
    (f) Relationship to Other Laws, Regulations, Standards, and 
Orders.--(1) A State or local government may not prescribe, issue, or 
continue in effect a law, regulation, standard, or order that is 
inconsistent with regulations prescribed under this section. However, a 
regulation prescribed under this section does not 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 of 
Transportation--
        (A) shall establish only requirements that are consistent with 
    international obligations of the United States; and
        (B) shall consider applicable laws and regulations of foreign 
    countries.
    (3) This section does not prevent the Secretary of 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.
    (g) Ineligibility for Assistance.--A person is not eligible for 
financial assistance under section 5307, 5309, or 5311 of this title or 
section 103(e)(4) of title 23 if the person is required, under 
regulations the Secretary of Transportation prescribes under this 
section, to establish a program of alcohol and controlled substances 
testing and does not establish the program.

Sec. 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, creed, national origin, sex, or age.
    (c) Compliance.--(1) The Secretary of Transportation shall take 
affirmative action to ensure compliance with subsection (b) of this 
section.
    (2) When the Secretary decides that a person receiving financial 
assistance under this chapter is not complying with subsection (b) of 
this section, a civil rights law of the United States, or a regulation 
or order under that law, the Secretary shall notify the person of the 
decision and require action be taken to ensure compliance with 
subsection (b).
    (d) Authority of Secretary for Noncompliance.--If a 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.); and
        (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.).

Sec. 5333. Labor standards

    (a) Prevailing Wages Requirement.--The Secretary of Transportation 
shall ensure that laborers and mechanics employed by contractors and 
subcontractors in construction work financed with a grant or loan under 
this chapter be paid wages not less than those prevailing on similar 
construction in the locality, as determined by the Secretary of Labor 
under the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 
U.S.C. 276a--276a-5). The Secretary of Transportation may approve a 
grant or loan only after being assured that required labor standards 
will be maintained on the construction work. For a labor standard under 
this subsection, the Secretary of Labor has the same duties and powers 
stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 
Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
    (b) Employee Protective Arrangements.--(1) As a condition of 
financial assistance under sections 5307-5312, 5318(d), 5323(a)(1), 
(b), (d), and (e), 5328, 5337, and 5338(j)(5) 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, 5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 
5338(j)(5) shall specify the arrangements.
    (2) Arrangements under this subsection shall include provisions 
that may be necessary for--
        (A) the preservation of rights, privileges, and benefits 
    (including continuation of pension rights and benefits) under 
    existing collective bargaining agreements or otherwise;
        (B) the continuation of collective bargaining rights;
        (C) the protection of individual employees against a worsening 
    of their positions related to employment;
        (D) assurances of employment to employees of acquired mass 
    transportation systems;
        (E) assurances of priority of reemployment of employees whose 
    employment is ended or who are laid off; and
        (F) paid training or retraining programs.
    (3) Arrangements under this subsection shall provide benefits at 
least equal to benefits established under section 11347 of this title.

Sec. 5334. Administrative

    (a) General Authority.--In carrying out this chapter, the Secretary 
of Transportation may--
        (1) prescribe terms for a project under sections 5307 and 5309-
    5311 of this title (except terms the Secretary of Labor prescribes 
    under section 5333(b) of this title);
        (2) sue and be sued;
        (3) foreclose on property or bring a civil action to protect or 
    enforce a right conferred on the Secretary of Transportation by law 
    or agreement;
        (4) buy property related to a loan under this chapter;
        (5) agree to pay an annual amount in place of a State or local 
    tax on real property acquired or owned under this chapter;
        (6) sell, exchange, or lease property, a security, or an 
    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; and
        (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.
    (b) Procedures for Prescribing Regulations.--(1) The Secretary of 
Transportation 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 Committees on Public Works and Transportation 
and Appropriations of the House of Representatives and the Committees 
on Banking, Housing, and Urban Affairs and Appropriations of the Senate 
on the day the agenda is published.
    (2) Except for emergency regulations, the Secretary of 
Transportation 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 of Transportation shall comply with this section 
(except subsections (h) and (i)) and sections 5323(a)(2), (c) and (e), 
5324(c), and 5325 of this title when proposing or carrying out a 
regulation governing an activity under this chapter, except for a 
routine matter or a matter with no significant impact.
    (c) Budget Program and Set of Accounts.--The Secretary of 
Transportation shall--
        (1) submit each year a budget program as provided in section 
    9103 of title 31; and
        (2) maintain a set of accounts the Comptroller General shall 
    audit under chapter 35 of title 31.
    (d) Depository and Availability of Amounts.--The Secretary of 
Transportation shall deposit amounts made available to the Secretary 
under this chapter in a checking account in the Treasury. Receipts, 
assets, and amounts obtained or held by the Secretary to carry out this 
chapter are available for administrative expenses to carry out this 
chapter.
    (e) Binding Effect of Financial Transaction.--A financial 
transaction of the Secretary of Transportation under this chapter and a 
related voucher are binding on all officers and employees of the United 
States Government.
    (f) Dealing With Acquired Property.--Notwithstanding another law 
related to the Government acquiring, using, or disposing of real 
property, the Secretary of Transportation may deal with property 
acquired under subsection (a)(3) or (4) of this section in any way. 
However, this subsection does not--
        (1) deprive a State or political subdivision of a State of 
    jurisdiction of the property; or
        (2) impair the civil rights, under the laws of a State or 
    political subdivision of a State, of an inhabitant of the property.
    (g) Transfer of Assets No Longer Needed.--(1) If a recipient of 
assistance under this chapter decides an asset acquired under this 
chapter at least in part with that assistance is no longer needed for 
the purpose for which it was acquired, the Secretary of Transportation 
may authorize the recipient to transfer the asset to a local 
governmental authority to be used for a public purpose with no further 
obligation to the Government. The Secretary may authorize a transfer 
for a public purpose other than mass 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) of this section must be in 
writing and include the reason for the decision.
    (3) This subsection is in addition to another law related to using 
and disposing of a facility or equipment under an assistance agreement.
    (h) Transfer of Amounts and Non-Government Share.--(1) Amounts made 
available for a mass transportation project under title 23 shall be 
transferred to and administered by the Secretary of Transportation 
under this chapter. Amounts made available for a highway project under 
this chapter shall be transferred to and administered by the Secretary 
under title 23.
    (2) The provisions of title 23 related to the non-Government share 
apply to amounts under title 23 used for mass transportation projects. 
The provisions of this chapter related to the non-Government share 
apply to amounts under this chapter used for highway projects.
    (i) Authority of Secretary of Housing and Urban Development.--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.
    (j) Relationship to Other Laws.--(1) Section 9107(a) of title 31 
applies to the Secretary of Transportation under this chapter.
    (2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a 
contract for more than $1,000 for services or supplies related to 
property acquired under this chapter.

Sec. 5335. Reports and audits

    (a) Reporting System and Uniform System of Accounts and Records.--
(1) To help meet the needs of individual mass transportation systems, 
the United States Government, State and local governments, and the 
public for information on which to base mass transportation service 
planning, the Secretary of Transportation shall maintain a reporting 
system, by uniform categories, to accumulate mass transportation 
financial and operating information and a uniform system of accounts 
and records. 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.
    (2) The Secretary may make a grant under section 5307 of this title 
only if the applicant, and any person that will receive benefits 
directly from the grant, are subject to the reporting and uniform 
systems.
    (b) Quarterly Reports.--Not later than 30 days after the last day 
of each calendar quarter, the Secretary shall submit to the Committees 
on Public Works and Transportation and Appropriations of the House of 
Representatives and the Committees on Banking, Housing, and Urban 
Affairs and Appropriations of the Senate a report on--
        (1) obligations by State, designated recipient, and applicant 
    made under this chapter during the quarter;
        (2) the balance of unobligated apportionments under this 
    chapter on the last day of the quarter;
        (3) the balance of unobligated amounts under this chapter on 
    the last day of the quarter that the Secretary may expend;
        (4) letters of intent issued during the quarter;
        (5) letters of intent outstanding on the last day of the 
    quarter; and
        (6) grant contracts executed and reimbursement authority 
    established for amounts obligated for each State, designated 
    recipient, and applicant.
    (c) Biennial Needs Report.--In January 1993 and in January of every 
2d year after 1993, the Comptroller General shall submit to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a report containing an evaluation of the extent 
to which current mass transportation needs are addressed adequately and 
an estimate of the future mass transportation needs of the United 
States, including mass transportation needs in rural areas 
(particularly access to health care facilities). The report shall 
include--
        (1) an assessment of needs related to rail modernization, 
    guideway modernization, replacing, rehabilitating, and buying buses 
    and related equipment, constructing bus related facilities, and 
    constructing new fixed guideway systems and extensions to existing 
    fixed guideway systems;
        (2) a 5-year projection of maintenance and modernization needs 
    resulting from aging of existing equipment and facilities, 
    including the need to overhaul or replace existing bus fleets and 
    rolling stock used on fixed guideway systems;
        (3) a 5-year projection of the need to invest in the expansion 
    of existing mass transportation systems to meet changing economic, 
    commuter, and residential patterns;
        (4) an estimate of the level of expenditure needed to satisfy 
    the needs identified in clauses (1)-(3) of this paragraph;
        (5) an examination of existing Government, State, local, and 
    private resources that are or reasonably can be expected to be made 
    available to support public mass transportation; and
        (6) the gap between the level of expenditure estimated under 
    clause (4) of this paragraph and the level of resources identified 
    under clause (5) of this paragraph that are available to meet the 
    needs.
    (d) Biennial Transferability Report.--In January 1993 and in 
January of every 2d year after 1993, the Comptroller General shall 
submit to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a report on carrying out section 5307(b)(5) of 
this title. The report shall--
        (1) identify, by State, the amount of mass transportation money 
    transferred for non-mass transportation purposes under section 
    5307(b)(5) of this title during the prior fiscal year;
        (2) include an assessment of the impact of the transfers on the 
    mass transportation needs of individuals and communities in the 
    State, including the impact on--
            (A) the State's ability to meet the mass transportation 
        needs of elderly individuals and individuals with disabilities;
            (B) efforts to meet the objectives of the Clean Air Act (42 
        U.S.C. 7401 et seq.) and the Americans With Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.); and
            (C) the State's efforts to extend public mass 
        transportation services to unserved rural areas; and
        (3) examine the relative levels of Government mass 
    transportation assistance and services in urban and rural areas in 
    the fiscal year that ended September 30, 1991, and the extent to 
    which the assistance and service has changed in later fiscal years 
    because of mass transportation resources made available under this 
    chapter and the Intermodal Surface Transportation Efficiency Act of 
    1991 (Public Law 102-240, 105 Stat. 1914).

Sec. 5336. Apportionment of appropriations for block grants

    (a) Based on Urbanized Area Population.--Of the amount made 
available or appropriated under section 5338(f) of this title--
        (1) 9.32 percent shall be apportioned each fiscal year only in 
    urbanized areas with a population of less than 200,000 so that each 
    of those areas is entitled to receive an amount equal to--
            (A) 50 percent of the total amount apportioned 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 latest United States 
        Government 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 Transportation, of the 
        number of inhabitants in each square mile; and
        (2) 90.68 percent shall be apportioned each fiscal year only in 
    urbanized areas with populations of at least 200,000 as provided in 
    subsections (b) and (c) of this section.
    (b) Based on Fixed Guideway Revenue Vehicle-Miles, Route-Miles, and 
Passenger-Miles.--(1) In this subsection, ``fixed guideway revenue 
vehicle-miles'' and ``fixed guideway route-miles'' include ferry boat 
operations directly or under contract by the designated recipient.
    (2) Of the amount apportioned under subsection (a)(2) of this 
section, 33.29 percent shall be apportioned as follows:
        (A) 95.61 percent of the total amount apportioned under this 
    subsection shall be apportioned so that each urbanized area with a 
    population of at least 200,000 is entitled to receive an amount 
    equal to--
            (i) 60 percent of the 95.61 percent apportioned under this 
        subparagraph multiplied by a ratio equal to the number of fixed 
        guideway revenue vehicle-miles attributable to the area, as 
        established by the Secretary of Transportation, divided by the 
        total number of all fixed guideway revenue vehicle-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 route-miles attributable to the area, established by 
        the Secretary, divided by the total number of all fixed 
        guideway route-miles attributable to all areas.
        (B) 4.39 percent of the total amount apportioned under this 
    subsection shall be apportioned so that each urbanized area with a 
    population of at least 200,000 is entitled to receive an amount 
    equal to--
            (i) the number of fixed guideway vehicle passenger-miles 
        traveled multiplied by the number of fixed guideway vehicle 
        passenger-miles traveled for each dollar of operating cost in 
        an area; divided by
            (ii) the total number of fixed guideway vehicle passenger-
        miles traveled multiplied by the total number of fixed guideway 
        vehicle passenger-miles traveled for each dollar of operating 
        cost in all areas.
        (C) An urbanized area with a population of at least 750,000 in 
    which commuter rail transportation is provided shall receive at 
    least .75 percent of the total amount apportioned under this 
    subsection.
        (D) Under subparagraph (A) of this paragraph, fixed guideway 
    revenue vehicle- or route-miles, and passengers served on those 
    miles, in an urbanized area with a population of less than 200,000, 
    where the miles and passengers served 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.
        (E) A recipient's apportionment under subparagraph (A)(i) of 
    this paragraph may not be reduced if the recipient, after 
    satisfying the Secretary of Transportation that energy or operating 
    efficiencies would be achieved, reduces revenue vehicle-miles but 
    provides the same frequency of revenue service to the same number 
    of riders.
    (c) Based on Bus Revenue Vehicle-Miles and Passenger-Miles.--Of the 
amount apportioned under subsection (a)(2) of this section, 66.71 
percent shall be apportioned as follows:
        (1) 90.8 percent of the total amount apportioned under this 
    subsection shall be apportioned as follows:
            (A) 73.39 percent of the 90.8 percent apportioned under 
        this paragraph shall be apportioned so that each urbanized area 
        with a population of at least 1,000,000 is entitled to receive 
        an amount equal to--
                (i) 50 percent of the 73.39 percent apportioned under 
            this subparagraph multiplied by a ratio equal to the total 
            bus revenue vehicle-miles operated in or directly serving 
            the urbanized area divided by the total bus revenue 
            vehicle-miles attributable to all areas;
                (ii) 25 percent of the 73.39 percent apportioned under 
            this subparagraph multiplied by a ratio equal to the 
            population of the area divided by the total population of 
            all areas, as shown by the latest Government 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 Transportation, 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 revenue vehicle-miles operated in or directly serving 
            the urbanized area divided by the total bus revenue 
            vehicle-miles attributable to all areas;
                (ii) 25 percent of the 26.61 percent apportioned under 
            this subparagraph multiplied by a ratio equal to the 
            population of the area divided by the total population of 
            all areas, as shown by the latest Government census; and
                (iii) 25 percent of the 26.61 percent apportioned under 
            this subparagraph multiplied by a ratio for the area based 
            on population weighted by a factor, established by the 
            Secretary of Transportation, 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) Operating Assistance.--(1) The total amount apportioned under 
this section that may be used for operating assistance may not be more 
than--
        (A) 80 percent of the total amount apportioned in the fiscal 
    year ending September 30, 1982, under section 5(a)(1)(A), (2)(A), 
    and (3)(A) of the Urban Mass Transportation Act of 1964 to 
    urbanized areas with populations of at least 1,000,000;
        (B) 90 percent of the total amount apportioned in that year 
    under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas 
    with populations of at least 200,000 but not more than 999,999;
        (C) 95 percent of the total amount apportioned in that year 
    under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas 
    with populations of less than 200,000; or
        (D) two-thirds of the total amount apportioned under this 
    section during the first complete year an urbanized area received 
    amounts under this section if the area first became an urbanized 
    area under the 1980 Government census or later.
    (2) Amounts apportioned under paragraph (1) of this subsection 
shall be increased on October 1 of each year by an amount equal to the 
amount applicable to each urbanized area under paragraph (1) (except 
increases under this paragraph), multiplied by the percentage increase 
in the Consumer Price Index for all-urban consumers published by the 
Secretary of Labor during the most recent calendar year. However, the 
increase may not be more than the percentage increase of amounts made 
available under section 5338(f) of this title in the current fiscal 
year and amounts made available under section 5338(f) in the prior 
fiscal year.
    (e) Date of Apportionment.--The Secretary of Transportation shall--
        (1) apportion amounts appropriated under section 5338(f) of 
    this title to carry out section 5307 of this title not later than 
    the 10th day 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.
    (f) Amounts Not Apportioned to Designated Recipients.--The chief 
executive officer of a State may expend in an urbanized area with a 
population of less than 200,000 an amount apportioned under this 
section that is not apportioned to a designated recipient as defined in 
section 5307(a) of this title.
    (g) Transfers of Apportionments.--(1) The chief executive officer 
of a State may transfer any part of the State's apportionment under 
subsection (a)(1) of this section to supplement amounts apportioned to 
the State under section 5311(c) of this title or amounts apportioned to 
urbanized areas under this subsection. The chief executive officer may 
make a transfer only after consulting with responsible local officials 
and publicly owned operators of mass transportation in each area for 
which the amount originally was apportioned under this section.
    (2) The chief executive officer of a State may transfer any part of 
the State's apportionment under section 5311(c) of this title to 
supplement amounts apportioned to the State under subsection (a)(1) of 
this section.
    (3) The chief executive officer of a State may use throughout the 
State amounts of a State's apportionment remaining available for 
obligation at the beginning of the 90-day period before the period of 
the availability of the amounts expires.
    (4) A designated recipient for an urbanized area with a population 
of at least 200,000 may transfer a part of its apportionment under this 
section to the chief executive officer of a State. The chief executive 
officer shall distribute the transferred amounts to urbanized areas 
under this section.
    (5) Capital and operating assistance limitations applicable to the 
original apportionment apply to amounts transferred under this 
subsection.
    (h) Changes of Apportionments.--If sufficient amounts are 
available, the Secretary of Transportation shall change 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.
    (i) Period of Availability to Recipients.--An amount apportioned 
under this section may be obligated by the recipient for 3 years after 
the fiscal year in which the amount is apportioned. Not later than 30 
days after the end of the 3-year period, an amount that is not 
obligated at the end of that period shall be added to the amount that 
may be apportioned under this section in the next fiscal year.
    (j) Application of Other Sections.--Sections 5302, 5318, 
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this 
section and to a grant made under this section. Except as provided in 
this section, no other provision of this chapter applies to this 
section or to a grant made under this section.
    (k) Certain Urbanized Areas Grandfathered.--An area 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.

Sec. 5337. Apportionment of appropriations for fixed guideway 
            modernization

    (a) Percentage Distribution.--The Secretary of Transportation shall 
apportion amounts made available for fixed guideway modernization under 
section 5309 of this title for each of the fiscal years ending 
September 30, 1993-1997, as follows:
        (1) The first $455,000,000 shall be apportioned in the 
    following urbanized areas as follows:
            (A) Baltimore, 1.84 percent.
            (B) Boston, 8.56 percent.
            (C) Chicago/Northwestern Indiana, 17.18 percent.
            (D) Cleveland, 2.09 percent.
            (E) New York, 35.57 percent.
            (F) Northeastern New Jersey, 9.04 percent.
            (G) Philadelphia/Southern New Jersey, 12.41 percent.
            (H) San Francisco, 7.21 percent.
            (I) Southwestern Connecticut, 6.10 percent.
        (2) The next $42,700,000 shall be apportioned in the following 
    urbanized areas as follows:
            (A) New York, 33.2341 percent.
            (B) Northeastern New Jersey, 22.1842 percent.
            (C) Philadelphia/Southern New Jersey, 5.7594 percent.
            (D) San Francisco, 2.7730 percent.
            (E) Pittsburgh, 31.9964 percent.
            (F) New Orleans, 4.0529 percent.
        (3) The next $70,000,000 shall be apportioned as follows:
            (A) 50 percent in the urbanized areas listed in paragraphs 
        (1) and (2) as provided in section 5336(b)(2)(A) of this title.
            (B) 50 percent in other urbanized areas eligible for 
        assistance under section 5336(b)(2)(A) of this title if the 
        areas contain fixed guideway systems placed in revenue service 
        at least 7 years before the fiscal year in which amounts are 
        made available and in any other urbanized area if, before the 
        first day of the fiscal year, the area satisfies the Secretary 
        that the area has modernization needs that cannot be met 
        adequately with amounts received as provided in section 
        5336(b)(2)(A).
        (4) Remaining amounts shall be apportioned in each urbanized 
    area eligible for assistance under paragraphs (1)-(3) of this 
    subsection as provided in section 5336(B)(2)(A).
    (b) Total Amounts Not Available.--In a fiscal year in which the 
total amounts authorized under subsection (a)(1) and (2) of this 
section are not available, the Secretary shall reduce on a 
proportionate basis the apportionments of all urbanized areas eligible 
under subsection (a)(1) or (2) to adjust for the amount not available.
    (c) New Jersey Transit Corporation.--Rail modernization amounts 
allocated to the New Jersey Transit Corporation under this section may 
be spent in any urbanized area in which the New Jersey Transit 
Corporation operates rail transportation, regardless of which urbanized 
area generates the financing.
    (d) Availability of Amounts.--An amount apportioned under this 
section--
        (1) remains available for 3 years after the fiscal year in 
    which the amount is apportioned; and
        (2) that is unobligated at the end of the 3-year period shall 
    be reapportioned for the next fiscal year among urbanized areas 
    eligible under subsection (a)(1)-(3) of this section using the 
    apportionment formula of this section.

Sec. 5338. Authorizations

    (a) For Sections 5303-5306, 5308, 5310, 5311, 5313, 5314, 5317, 
5320, 5327, and 5334(a) and (c) and Section 103(e)(4) of Title 23.--(1) 
Not more than the following amounts are available from the Mass Transit 
Account of the Highway Trust Fund for the Secretary of Transportation 
to carry out sections 5303-5306, 5308, 5310, 5311, 5313, 5314, 5317, 
5320, 5327, and 5334(a) and (c) of this title:
        (A) $1,150,000,000 for the fiscal year ending September 30, 
    1993.
        (B) $1,190,000,000 for the fiscal year ending September 30, 
    1994.
        (C) $1,150,000,000 for the fiscal year ending September 30, 
    1995.
        (D) $1,110,000,000 for the fiscal year ending September 30, 
    1996.
        (E) $1,920,000,000 for the fiscal year ending September 30, 
    1997.
    (2) In addition to amounts made available under paragraph (1) of 
this subsection, not more than the following amounts may be 
appropriated to the Secretary to carry out sections 5303-5306, 5308, 
5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c) of this 
title and substitute transit projects under section 103(e)(4) of title 
23:
        (A) $2,055,000,000 for the fiscal year ending September 30, 
    1993.
        (B) $1,885,000,000 for the fiscal year ending September 30, 
    1994.
        (C) $1,925,000,000 for the fiscal year ending September 30, 
    1995.
        (D) $1,965,000,000 for the fiscal year ending September 30, 
    1996.
        (E) $2,430,000,000 for the fiscal year ending September 30, 
    1997.
    (b) Section 5309.--(1) Not more than the following amounts are 
available from the Account for the Secretary to carry out section 5309 
of this title:
        (A) $1,725,000,000 for the fiscal year ending September 30, 
    1993.
        (B) $1,785,000,000 for the fiscal year ending September 30, 
    1994.
        (C) $1,725,000,000 for the fiscal year ending September 30, 
    1995.
        (D) $1,665,000,000 for the fiscal year ending September 30, 
    1996.
        (E) $2,880,000,000 for the fiscal year ending September 30, 
    1997.
    (2) In addition to amounts made available under paragraph (1) of 
this subsection, not more than the following amounts may be 
appropriated to the Secretary to carry out section 5309 of this title:
        (A) $305,000,000 for the fiscal year ending September 30, 1993.
        (B) $265,000,000 for the fiscal year ending September 30, 1994.
        (C) $325,000,000 for the fiscal year ending September 30, 1995.
        (D) $385,000,000 for the fiscal year ending September 30, 1996.
        (E) $20,000,000 for the fiscal year ending September 30, 1997.
    (c) Section 5315.--The Secretary shall make available in equal 
amounts from amounts provided under subsections (f) and (g) of this 
section not more than $3,000,000 for each of the fiscal years ending 
September 30, 1993-1997, to carry out section 5315 of this title.
    (d) Section 5316.--Not more than the following amounts may be 
appropriated to the Secretary from the Fund (except the Account) for 
each of the fiscal years ending September 30, 1993-1997:
        (1) $250,000 to carry out section 5316(a) of this title.
        (2) $3,000,000 to carry out section 5316(b) of this title.
        (3) $1,000,000 to carry out section 5316(c) of this title.
        (4) $1,000,000 to carry out section 5316(d) of this title.
        (5) $1,000,000 to carry out section 5316(e) of this title.
    (e) Section 5317.--(1) Not more than $6,000,000 is available from 
the Fund (except the Account) for the Secretary for each of the fiscal 
years ending September 30, 1993-1997, to carry out section 5317 of this 
title.
    (2) Not more than the following amounts may be appropriated to the 
Secretary from the Fund (except the Account) for making grants under 
section 5317(b)(5)(B) of this title:
        (A) $3,000,000 for the fiscal year ending September 30, 1993.
        (B) $2,500,000 for the fiscal year ending September 30, 1994.
    (f) Section 5307.--Amounts remaining available each fiscal year 
under subsection (a)(1) of this section, after allocation under 
subsections (g)-(i) and (j)(4) of this section, are available under 
section 5307 of this title.
    (g) Planning, Programming, and Research.--Before apportioning in 
each fiscal year amounts made available or appropriated under 
subsection (a) of this section, an amount equal to 3 percent of amounts 
made available or appropriated under subsections (a) and (b) of this 
section is available as follows:
        (1) 45 percent for metropolitan planning activities under 
    section 5303(g) of this title.
        (2) 5 percent to carry out section 5308(b)(2) of this title.
        (3) 20 percent to carry out State programs under section 5313 
    of this title.
        (4) 30 percent to carry out the national program under section 
    5314 of this title.
    (h) Other Set-Asides.--Before apportioning in each fiscal year 
amounts made available or appropriated under subsection (a) of this 
section, of amounts made available or appropriated under subsections 
(a) and (b) of this section--
        (1) not more than .96 percent is available for administrative 
    expenses to carry out section 5334(a) and (c)-(f) of this title;
        (2) not more than 1.34 percent is available for transportation 
    services to elderly individuals and individuals with disabilities 
    under the formula under section 5310(a) of this title; and
        (3) $7,000,000 is available for section 5317 for each of the 
    fiscal years ending September 30, 1993-1997.
    (i) Completing Interstate Transfer Transit Projects.--Of the 
amounts remaining available each year under subsections (a) and (b) of 
this section, after allocation under subsections (g) and (h) of this 
section, not more than $164,843,000 for the fiscal year ending 
September 30, 1993, is available for substitute transit projects under 
section 103(e)(4) of title 23.
    (j) Limitations.--Of the amounts available--
        (1) under subsection (a)(2) of this section, 3.5 percent is 
    available to finance programs and activities, including 
    administrative costs, under section 5310 of this title;
        (2) 1.5 percent of the amounts available to finance research, 
    development, and demonstration projects under section 5312(a) of 
    this title is available to increase the information and technology 
    available to provide improved mass transportation service and 
    facilities planned and designed to meet the special needs of 
    elderly individuals and individuals with disabilities;
        (3) not more than 12.5 percent is available for grants to any 
    one State under section 5312(c)(2) of this title;
        (4) 5.5 percent of the amount remaining available each year 
    under subsection (a)(1) of this section, after allocation under 
    subsections (g)-(i) of this section, is available under the formula 
    under section 5311 of this title; and
        (5) under section 5309(m)(1)(C) of this title--
            (A) $2,000,000 is available for the fiscal year ending 
        September 30, 1993;
            (B) the lesser of $2,000,000 or an amount the Secretary 
        determines is necessary for each fiscal year is available for 
        each of the fiscal years ending September 30, 1994-1996; and
            (C) the lesser of $3,000,000 or an amount the Secretary 
        determines is necessary is available for the fiscal year ending 
        September 30, 1997.
    (k) Grants as Contractual Obligations.--(1) A grant or contract 
approved by the Secretary, that is financed with amounts made available 
under subsection (a)(1), (b)(1), (c), or (e) of this section, is a 
contractual obligation of the United States Government to pay the 
Government's share of the cost of the project.
    (2) A grant or contract, approved by the Secretary, that is 
financed with amounts made available under subsection (a)(2) or (b)(2) 
of this section, is a contractual obligation of the Government to pay 
the Government's share of the cost of the project only to the extent 
amounts are provided in advance in an appropriations law.
    (l) Early Appropriations and Availability of Amounts.--(1) Amounts 
appropriated under subsection (a)(2) of this section to carry out 
section 5311 of this title may be appropriated in the fiscal year 
before the fiscal year in which the appropriation is available for 
obligation.
    (2) Amounts made available or appropriated under subsections (a), 
(b), (g), (h)(1) and (2), and (j)(4) of this section remain available 
until expended.
    (3) An amount apportioned under section 5308 of this title--
        (A) remains available for 3 years after the fiscal year in 
    which the amount is apportioned; and
        (B) that is unobligated at the end of the 3-year period shall 
    be added to the amount available for apportionment for the next 
    fiscal year not later than 30 days after the end of the 3-year 
    period.

                 CHAPTER 55--INTERMODAL TRANSPORTATION

                          SUBCHAPTER I--GENERAL

Sec.
5501.  National Intermodal Transportation System policy.
5502.  Intermodal Transportation Advisory Board.
5503.  Office of Intermodalism.
5504.  Model intermodal transportation plans.

SUBCHAPTER II--TERMINALS

5561.  Definition.
5562.  Assistance projects.
5563.  Conversion of certain rail passenger terminals.
5564.  Interim preservation of certain rail passenger terminals.
5565.  Encouraging the development of plans for converting certain rail 
          passenger terminals.
5566.  Records and audits.
5567.  Preference for preserving buildings of historic or architectural 
          significance.
5568.  Authorization of appropriations.

                         SUBCHAPTER I--GENERAL

Sec. 5501. National Intermodal Transportation System policy

    (a) General.--It is the policy of the United States Government to 
develop a National Intermodal Transportation System that is 
economically efficient and environmentally sound, provides the 
foundation for the United States to compete in the global economy, and 
will move individuals and property in an energy efficient way.
    (b) System Characteristics.--(1) The National Intermodal 
Transportation System shall consist of all forms of transportation in a 
unified, interconnected manner, including the transportation systems of 
the future, to reduce energy consumption and air pollution while 
promoting economic development and supporting the United States' 
preeminent position in international commerce.
    (2) The National Intermodal Transportation System shall include a 
National Highway System consisting of the Dwight D. Eisenhower System 
of Interstate and Defense Highways and those principal arterial roads 
that are essential for interstate and regional commerce and travel, 
national defense, intermodal transfer facilities, and international 
commerce and border crossings.
    (3) The National Intermodal Transportation System shall include 
significant improvements in public transportation necessary to achieve 
national goals for improved air quality, energy conservation, 
international competitiveness, and mobility for elderly individuals, 
individuals with disabilities, and economically disadvantaged 
individuals in urban and rural areas of the United States.
    (4) The National Intermodal Transportation System shall provide 
improved access to ports and airports, the Nation's link to commerce.
    (5) The National Intermodal Transportation System shall give 
special emphasis to the contributions of the transportation sectors to 
increased productivity growth. Social benefits must be considered with 
particular attention to the external benefits of reduced air pollution, 
reduced traffic congestion, and other aspects of the quality of life in 
the United States.
    (6) The National Intermodal Transportation System must be operated 
and maintained with insistent attention to the concepts of innovation, 
competition, energy efficiency, productivity, growth, and 
accountability. Practices that resulted in the lengthy and overly 
costly construction of the Dwight D. Eisenhower System of Interstate 
and Defense Highways must be confronted and stopped.
    (7) The National Intermodal Transportation System shall be adapted 
to ``intelligent vehicles'', ``magnetic levitation systems'', and other 
new technologies, wherever feasible and economical, with benefit cost 
estimates given special emphasis on safety considerations and 
techniques for cost allocation.
    (8) When appropriate, the National Intermodal Transportation System 
will be financed, as regards Government apportionments and 
reimbursements, by the Highway Trust Fund. Financial assistance will be 
provided to State and local governments and their instrumentalities to 
help carry out national goals related to mobility for elderly 
individuals, individuals with disabilities, and economically 
disadvantaged individuals.
    (9) The National Intermodal Transportation System must be the 
centerpiece of a national investment commitment to create the new 
wealth of the United States for the 21st century.
    (c) Distribution and Posting.--The Secretary of Transportation 
shall distribute copies of the policy in subsections (a) and (b) of 
this section to each employee of the Department of Transportation and 
ensure that the policy is posted in all offices of the Department.

Sec. 5502. Intermodal Transportation Advisory Board

    (a) Organization.--The Intermodal Transportation Advisory Board is 
a board in the Office of the Secretary of Transportation.
    (b) Membership.--The Board consists of the Secretary, who serves as 
chairman, and the Administrator, or the Administrator's designee, of--
        (1) the Federal Highway Administration;
        (2) the Federal Aviation Administration;
        (3) the Maritime Administration;
        (4) the Federal Railroad Administration; and
        (5) the Federal Transit Administration.
    (c) Duties and Powers.--The Board shall provide recommendations for 
carrying out the duties of the Secretary described in section 301(3) of 
this title.

Sec. 5503. Office of Intermodalism

    (a) Establishment.--The Secretary of Transportation shall establish 
in the Office of the Secretary an Office of Intermodalism.
    (b) Director.--The head of the Office is a Director who shall be 
appointed by the Secretary.
    (c) Duties and Powers.--The Director shall carry out the duties of 
the Secretary described in section 301(3) of this title.
    (d) Intermodal Transportation Data Base.--(1) The Director shall 
develop, maintain, and disseminate intermodal transportation data 
through the Bureau of Transportation Statistics. The Director shall 
coordinate the collection of data for the data base with the States and 
metropolitan planning organizations. The data base shall include 
information on--
        (A) the volume of property and number of individuals carried in 
    intermodal transportation by relevant classification;
        (B) patterns of movement of property and individuals in 
    intermodal transportation by relevant classification by origin and 
    destination; and
        (C) public and private investment in intermodal transportation 
    facilities and services.
    (2) The Director shall make information from the data base 
available to the public.
    (e) Research.--The Director shall--
        (1) coordinate United States Government research on intermodal 
    transportation as provided in the plan developed under section 
    6009(b) of the Intermodal Surface Transportation Efficiency Act of 
    1991 (Public Law 102-240, 105 Stat. 2177); and
        (2) carry out additional research needs identified by the 
    Director.
    (f) Technical Assistance.--The Director shall provide technical 
assistance to States and to metropolitan planning organizations for 
urban areas having a population of at least 1,000,000 in collecting 
data related to intermodal transportation to facilitate the collection 
of the data by States and metropolitan planning organizations.
    (g) Administrative and Clerical Support.--The Director shall 
provide administrative and clerical support to the Intermodal 
Transportation Advisory Board.

Sec. 5504. Model intermodal transportation plans

    (a) Grants.--The Secretary of Transportation shall make grants to 
States to develop model State intermodal transportation plans that are 
consistent with the policy set forth in section 302(e) of this title. 
The model plans shall include systems for collecting data related to 
intermodal transportation.
    (b) Distribution.--The Secretary shall award grants to States under 
this section that represent a variety of geographic regions and 
transportation needs, patterns, and modes.
    (c) Plan Submission.--As a condition to a State receiving a grant 
under this section, the Secretary shall require that the State provide 
assurances that the State will submit to the Secretary a State 
intermodal transportation plan not later than 18 months after the date 
of receipt of the grant.
    (d) Grant Amounts.--The Secretary shall reserve, from amounts 
deducted under section 104(a) of title 23, $3,000,000 to make grants 
under this section. The total amount that a State may receive in grants 
under this section may not be more than $500,000.

                        SUBCHAPTER II--TERMINALS

Sec. 5561. Definition

    In this chapter, ``civic and cultural activities'' includes 
libraries, musical and dramatic presentations, art exhibits, adult 
education programs, public meeting places, and other facilities for 
carrying on an activity any part of which is supported under a law of 
the United States.

Sec. 5562. Assistance projects

    (a) Requirements To Provide Assistance.--The Secretary of 
Transportation shall provide financial, technical, and advisory 
assistance under this chapter to--
        (1) promote, on a feasibility demonstration basis, the 
    conversion of at least 3 rail passenger terminals into intermodal 
    transportation terminals;
        (2) preserve rail passenger terminals that reasonably are 
    likely to be converted or maintained pending preparation of plans 
    for their reuse;
        (3) acquire and use space in suitable buildings of historic or 
    architectural significance but only if use of the space is feasible 
    and prudent when compared to available alternatives; and
        (4) encourage State and local governments, local and regional 
    transportation authorities, common carriers, philanthropic 
    organizations, and other responsible persons to develop plans to 
    convert rail passenger terminals into intermodal transportation 
    terminals and civic and cultural activity centers.
    (b) Effect on Eligibility.--This chapter does not affect the 
eligibility of any rail passenger terminal for preservation or reuse 
assistance under another program or law.
    (c) Acquiring Space.--The Secretary may acquire space under 
subsection (a)(3) of this section only after consulting with the 
Advisory Council on Historic Preservation and the Chairman of the 
National Endowment for the Arts.

Sec. 5563. Conversion of certain rail passenger terminals

    (a) Authority To Provide Assistance.--The Secretary of 
Transportation may provide financial assistance to convert a rail 
passenger terminal to an intermodal transportation terminal under 
section 5562(a)(1) of this title only if--
        (1) the terminal can be converted to accommodate other modes of 
    transportation the Secretary of Transportation decides are 
    appropriate, including--
            (A) motorbus transportation;
            (B) mass transit (rail or rubber tire); and
            (C) airline ticket offices and passenger terminals 
        providing direct transportation to area airports;
        (2) the terminal is listed on the National Register of Historic 
    Places maintained by the Secretary of the Interior;
        (3) the architectural integrity of the terminal will be 
    preserved;
        (4) to the extent practicable, the use of the terminal 
    facilities for transportation may be combined with use of those 
    facilities for other civic and cultural activities, especially when 
    another activity is recommended by--
            (A) the Advisory Council on Historic Preservation;
            (B) the Chairman of the National Endowment for the Arts; or
            (C) consultants retained under subsection (b) of this 
        section; and
        (5) the terminal and the conversion project meet other criteria 
    prescribed by the Secretary of Transportation after consultation 
    with the Council and Chairman.
    (b) Architectural Integrity.--The Secretary of Transportation must 
employ consultants on whether the architectural integrity of the rail 
passenger terminal will be preserved under subsection (a)(3) of this 
section. The Secretary may decide that the architectural integrity will 
be preserved only if the consultants concur. The Council and Chairman 
shall recommend consultants to be employed by the Secretary. The 
consultants also may make recommendations referred to in subsection 
(a)(4) of this section.
    (c) Government's Share of Costs.--The Secretary of Transportation 
may not make a grant under this section for more than 80 percent of the 
total cost of converting a rail passenger terminal into an intermodal 
transportation terminal.

Sec. 5564. Interim preservation of certain rail passenger terminals

    (a) General Grant Authority.--Subject to subsection (b) of this 
section, the Secretary of Transportation may make a grant of financial 
assistance to a responsible person (including a governmental authority) 
to preserve a rail passenger terminal under section 5562(a)(2) of this 
title. To receive assistance under this section, the person must be 
qualified, prepared, committed, and authorized by law to maintain (and 
prevent the demolition, dismantling, or further deterioration of) the 
terminal until plans for its reuse are prepared.
    (b) Grant Requirements.--The Secretary of Transportation may make a 
grant of financial assistance under this section only if--
        (1) the Secretary decides the rail passenger terminal has a 
    reasonable likelihood of being converted to, or conditioned for 
    reuse as, an intermodal transportation terminal, a civic or 
    cultural activities center, or both; and
        (2) planning activity directed toward conversion or reuse has 
    begun and is proceeding in a competent way.
    (c) Maximizing Preservation of Terminals.--(1) Amounts appropriated 
to carry out this section and section 5562(a)(2) of this title shall be 
expended in the way most likely to maximize the preservation of rail 
passenger terminals that are--
        (A) reasonably capable of conversion to intermodal 
    transportation terminals;
        (B) listed in the National Register of Historic Places 
    maintained by the Secretary of the Interior; or
        (C) recommended (on the basis of architectural integrity and 
    quality) by the Advisory Council on Historic Preservation or the 
    Chairman of the National Endowment for the Arts.
    (2) The Secretary of Transportation may not make a grant under this 
section for more than 80 percent of the total cost of maintaining the 
terminal for an interim period of not more than 5 years.

Sec. 5565. Encouraging the development of plans for converting rail 
            passenger terminals

    (a) General Grant Authority.--The Secretary of Transportation may 
make a grant of financial assistance to a qualified person (including a 
governmental authority) to encourage the development of plans for 
converting a rail passenger terminal under section 5562(a)(4) of this 
title. To receive assistance under this section, the person must--
        (1) be prepared to develop practicable plans that meet zoning, 
    land use, and other requirements of the applicable State and local 
    jurisdictions in which the terminal is located;
        (2) incorporate into the designs and plans proposed for 
    converting the terminal, features that reasonably appear likely to 
    attract private investors willing to carry out the planned 
    conversion and its subsequent maintenance and operation; and
        (3) complete the designs and plans for the conversion within 
    the period of time prescribed by the Secretary.
    (b) Preference.--In making a grant under this section, the 
Secretary of Transportation shall give preferential consideration to an 
applicant whose completed designs and plans will be carried out within 
3 years after their completion.
    (c) Maximizing Conversion and Continued Public Use.--(1) Amounts 
appropriated to carry out this section and section 5562(a)(4) of this 
title shall be expended in the way most likely to maximize the 
conversion and continued public use of rail passenger terminals that 
are--
        (A) listed in the National Register of Historic Places 
    maintained by the Secretary of the Interior; or
        (B) recommended (on the basis of architectural integrity and 
    quality) by the Advisory Council on Historic Preservation or the 
    Chairman of the National Endowment for the Arts.
    (2) The Secretary of Transportation may not make a grant under this 
section for more than 80 percent of the total cost of the project for 
which the financial assistance is provided.

Sec. 5566. Records and audits

    (a) Record Requirements.--Each recipient of financial assistance 
under this chapter shall keep records required by the Secretary of 
Transportation. The records shall disclose--
        (1) the amount, and disposition by the recipient, of the 
    proceeds of the assistance;
        (2) the total cost of the project for which the assistance was 
    given or used;
        (3) the amount of that part of the cost of the project supplied 
    by other sources; and
        (4) any other records that will make an effective audit easier.
    (b) Audits and Inspections.--For 3 years after a project is 
completed, the Secretary and the Comptroller General may audit and 
inspect records of a recipient that the Secretary or Comptroller 
General decides may be related or pertinent to the financial 
assistance.

Sec. 5567. Preference for preserving buildings of historic or 
            architectural significance

    Amtrak shall give preference to the use of rail passenger terminal 
facilities that will preserve buildings of historic or architectural 
significance.

Sec. 5568. Authorization of appropriations

    (a) General.--The following amounts may be appropriated to the 
Secretary of Transportation:
        (1) not more than $15,000,000 to carry out section 5562(a)(1) 
    and (3) of this title.
        (2) not more than $2,500,000 to carry out section 5562(a)(2) of 
    this title.
        (3) not more than $2,500,000 to carry out section 5562(a)(4) of 
    this title.
    (b) Availability of Amounts.--Amounts appropriated to carry out 
this chapter remain available until expended.

                CHAPTER 57--SANITARY FOOD TRANSPORTATION

Sec.
5701.  Findings.
5702.  Definitions.
5703.  General regulation.
5704.  Tank trucks, rail tank cars, and cargo tanks.
5705.  Motor and rail transportation of nonfood products.
5706.  Dedicated vehicles.
5707.  Waiver authority.
5708.  Food transportation inspections.
5709.  Consultation.
5710.  Administrative.
5711.  Enforcement and penalties.
5712.  Relationship to other laws.
5713.  Application of sections 5711 and 5712.
5714.  Coordination procedures.

Sec. 5701. Findings

    Congress finds that--
        (1) the United States public is entitled to receive food and 
    other consumer products that are not made unsafe because of certain 
    transportation practices;
        (2) the United States public is threatened by the 
    transportation of products potentially harmful to consumers in 
    motor vehicles and rail vehicles that are used to transport food 
    and other consumer products; and
        (3) the risks to consumers by those transportation practices 
    are unnecessary and those practices must be ended.

Sec. 5702. Definitions

    In this chapter--
        (1) ``cosmetic'', ``device'', ``drug'', ``food'', and ``food 
    additive'' have the same meanings given those terms in section 201 
    of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
        (2) ``nonfood product'' means (individually or by class) a 
    material, substance, or product that is not a cosmetic, device, 
    drug, food, or food additive, or is deemed a nonfood product under 
    section 5703(a)(2) of this title, including refuse and solid waste 
    (as defined in section 1004 of the Solid Waste Disposal Act (42 
    U.S.C. 6903)).
        (3) ``refuse'' means discarded material that is, or is required 
    by law, to be transported to or disposed of in a landfill or 
    incinerator.
        (4) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin 
    Islands, American Samoa, Guam, and any other territory or 
    possession of the United States.
        (5) ``transports'' and ``transportation'' mean any movement of 
    property in commerce (including intrastate commerce) by motor 
    vehicle or rail vehicle.
        (6) ``United States'' means all of the States.

Sec. 5703. General regulation

    (a) General Requirements.--(1) Not later than July 31, 1991, the 
Secretary of Transportation, after consultation required by section 
5709 of this title, shall prescribe regulations on the transportation 
of cosmetics, devices, drugs, food, and food additives in motor 
vehicles and rail vehicles that are used to transport nonfood products 
that would make the cosmetics, devices, drugs, food, or food additives 
unsafe to humans or animals.
    (2) The Secretary shall deem a cosmetic, device, or drug to be a 
nonfood product if--
        (A) the cosmetic, device, or drug is transported in a motor 
    vehicle or rail vehicle before, or at the same time as, a food or 
    food additive; and
        (B) transportation of the cosmetic, device, or drug would make 
    the food or food additive unsafe to humans or animals.
    (b) Special Requirements.--In prescribing regulations under 
subsection (a)(1) of this section, the Secretary, after consultation 
required by section 5709 of this title, shall establish requirements 
for appropriate--
        (1) recordkeeping, identification, marking, certification, or 
    other means of verification to comply with sections 5704-5706 of 
    this title;
        (2) decontamination, removal, disposal, and isolation to comply 
    with regulations carrying out sections 5704 and 5705 of this title; 
    and
        (3) material for the construction of tank trucks, rail tank 
    cars, cargo tanks, and accessory equipment to comply with 
    regulations carrying out section 5704 of this title.
    (c) Considerations and Additional Requirements.--In prescribing 
regulations under subsection (a)(1) of this section, the Secretary, 
after consultation required by section 5709 of this title, shall 
consider, and may establish requirements related to, each of the 
following:
        (1) the extent to which packaging or similar means of 
    protecting and isolating commodities are adequate to eliminate or 
    ameliorate the potential risks of transporting cosmetics, devices, 
    drugs, food, or food additives in motor vehicles or rail vehicles 
    used to transport nonfood products.
        (2) appropriate compliance and enforcement measures to carry 
    out this chapter.
        (3) appropriate minimum insurance or other liability 
    requirements for a person to whom this chapter applies.
    (d) Packages Meeting Packaging Standards.--If the Secretary finds 
packaging standards to be adequate, regulations under subsection (a)(1) 
of this section may not apply to cosmetics, devices, drugs, food, food 
additives, or nonfood products packaged in packages that meet the 
standards.

Sec. 5704. Tank trucks, rail tank cars, and cargo tanks

    (a) Prohibitions.--The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a person 
from--
        (1) using, offering for use, or arranging for the use of a tank 
    truck, rail tank car, or cargo tank used in motor vehicle or rail 
    transportation of cosmetics, devices, drugs, food, or food 
    additives if the tank truck, rail tank car, or cargo tank is used 
    to transport a nonfood product, except a nonfood product included 
    in a list published under subsection (b) of this section;
        (2) using, offering for use, or arranging for the use of a tank 
    truck or cargo tank to provide motor vehicle transportation of 
    cosmetics, devices, drugs, food, food additives, or nonfood 
    products included in the list published under subsection (b) of 
    this section unless the tank truck or cargo tank is identified, by 
    a permanent marking on the tank truck or cargo tank, as 
    transporting only cosmetics, devices, drugs, food, food additives, 
    or nonfood products included in the list;
        (3) using, offering for use, or arranging for the use of a tank 
    truck or cargo tank to provide motor vehicle transportation of a 
    nonfood product that is not included in the list published under 
    subsection (b) of this section if the tank truck or cargo tank is 
    identified, as provided in clause (2) of this subsection, as a tank 
    truck or cargo tank transporting only cosmetics, devices, drugs, 
    food, food additives, or nonfood products included in the list; or
        (4) receiving, except for lawful disposal purposes, any 
    cosmetic, device, drug, food, food additive, or nonfood product 
    that has been transported in a tank truck or cargo tank in 
    violation of clause (2) or (3) of this subsection.
    (b) List of Nonfood Products Not Unsafe.--After consultation 
required by section 5709 of this title, the Secretary of Transportation 
shall publish in the Federal Register a list of nonfood products the 
Secretary decides do not make cosmetics, devices, drugs, food, or food 
additives unsafe to humans or animals because of transportation of the 
nonfood products in a tank truck, rail tank car, or cargo tank used to 
transport cosmetics, devices, drugs, food, or food additives. The 
Secretary may amend the list periodically by publication in the Federal 
Register.
    (c) Disclosure.--A person that arranges for the use of a tank truck 
or cargo tank used in motor vehicle transportation for the 
transportation of a cosmetic, device, drug, food, food additive, or 
nonfood product shall disclose to the motor carrier or other 
appropriate person if the cosmetic, device, drug, food, food additive, 
or nonfood product being transported is to be used--
        (1) as, or in the preparation of, a food or food additive; or
        (2) as a nonfood product included in the list published under 
    subsection (b) of this section.

Sec. 5705. Motor and rail transportation of nonfood products

    (a) Prohibitions.--The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a person 
from using, offering for use, or arranging for the use of a motor 
vehicle or rail vehicle (except a tank truck, rail tank car, or cargo 
tank described in section 5704 of this title) to transport cosmetics, 
devices, drugs, food, or food additives if the vehicle is used to 
transport nonfood products included in a list published under 
subsection (b) of this section.
    (b) List of Unsafe Nonfood Products.--(1) After consultation 
required by section 5709 of this title, the Secretary of Transportation 
shall publish in the Federal Register a list of nonfood products the 
Secretary decides would make cosmetics, devices, drugs, food, or food 
additives unsafe to humans or animals because of transportation of the 
nonfood products in a motor vehicle or rail vehicle used to transport 
cosmetics, devices, drugs, food, or food additives. The Secretary may 
amend the list periodically by publication in the Federal Register.
    (2) The list published under paragraph (1) of this subsection may 
not include cardboard, pallets, beverage containers, and other food 
packaging except to the extent the Secretary decides that the 
transportation of cardboard, pallets, beverage containers, or other 
food packaging in a motor vehicle or rail vehicle used to transport 
cosmetics, devices, drugs, food, or food additives would make the 
cosmetics, devices, drugs, food, or food additives unsafe to humans or 
animals.

Sec. 5706. Dedicated vehicles

    (a) Prohibitions.--The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a person 
from using, offering for use, or arranging for the use of a motor 
vehicle or rail vehicle to transport asbestos, in forms or quantities 
the Secretary of Transportation decides are necessary, or products that 
present an extreme danger to humans or animals, despite any 
decontamination, removal, disposal, packaging, or other isolation 
procedures, unless the motor vehicle or rail vehicle is used only to 
transport one or more of the following: asbestos, those extremely 
dangerous products, or refuse.
    (b) List of Applicable Products.--After consultation required by 
section 5709 of this title, the Secretary shall publish in the Federal 
Register a list of the products to which this section applies. The 
Secretary may amend the list periodically by publication in the Federal 
Register.

Sec. 5707. Waiver authority

    (a) General Authority.--After consultation required by section 5709 
of this title, the Secretary of Transportation may waive any part of 
this chapter or regulations prescribed under this chapter for a class 
of persons, motor vehicles, rail vehicles, cosmetics, devices, drugs, 
food, food additives, or nonfood products, if the Secretary decides 
that the waiver--
        (1) would not result in the transportation of cosmetics, 
    devices, drugs, food, or food additives that would be unsafe to 
    humans or animals; and
        (2) would not be contrary to the public interest and this 
    chapter.
    (b) Publication of Waivers.--The Secretary shall publish in the 
Federal Register any waiver and the reasons for the waiver.

Sec. 5708. Food transportation inspections

    (a) General Authority.--For commercial motor vehicles, the 
Secretary of Transportation may carry out this chapter and assist in 
carrying out compatible State laws and regulations through means that 
include inspections conducted by State employees that are paid for with 
money authorized under section 31104 of this title, if the recipient 
State agrees to assist in the enforcement of this chapter or is 
enforcing compatible State laws and regulations.
    (b) Providing Assistance.--On the request of the Secretary of 
Transportation, the Secretaries of Agriculture and Health and Human 
Services, the Administrator of the Environmental Protection Agency, and 
the heads of other appropriate departments, agencies, and 
instrumentalities of the United States Government shall provide 
assistance, to the extent available, to the Secretary of Transportation 
to carry out this chapter, including assistance in the training of 
personnel under a program established under subsection (c) of this 
section.
    (c) Training Program.--After consultation required by section 5709 
of this title and consultation with the heads of appropriate State 
transportation and food safety authorities, the Secretary of 
Transportation shall develop and carry out a training program for 
inspectors to conduct vigorous enforcement of this chapter and 
regulations prescribed under this chapter or compatible State laws and 
regulations. As part of the training program, the inspectors, including 
State inspectors or personnel paid with money authorized under section 
31104 of this title, shall be trained in the recognition of 
adulteration problems associated with the transportation of cosmetics, 
devices, drugs, food, and food additives and in the procedures for 
obtaining assistance of the appropriate departments, agencies, and 
instrumentalities of the Government and State authorities to support 
the enforcement.

Sec. 5709. Consultation

    As provided by sections 5703-5708 of this title, the Secretary of 
Transportation shall consult with the Secretaries of Agriculture and 
Health and Human Services and the Administrator of the Environmental 
Protection Agency.

Sec. 5710. Administrative

    The Secretary of Transportation has the same duties and powers in 
regulating transportation under this chapter as the Secretary has under 
section 5121(a)-(c) (except subsection (c)(1)(A)) of this title in 
regulating transportation under chapter 51 of this title.

Sec. 5711. Enforcement and penalties

    (a) Actions.--The Secretary of Transportation shall request that a 
civil action be brought and take action to eliminate or ameliorate an 
imminent hazard related to a violation of a regulation prescribed or 
order issued under this chapter in the same way and to the same extent 
as authorized by section 5122 of this title.
    (b) Applicable Penalties and Procedures.--The penalties and 
procedures in sections 5123 and 5124 of this title apply to a violation 
of a regulation prescribed or order issued under this chapter.

Sec. 5712. Relationship to other laws

    Section 5125 of this title applies to the relationship between this 
chapter and a requirement of a State, a political subdivision of a 
State, or an Indian tribe.

Sec. 5713. Application of sections 5711 and 5712

    Sections 5711 and 5712 of this title apply only to transportation 
occurring on or after the date that regulations prescribed under 
section 5703(a)(1) of this title are effective.

Sec. 5714. Coordination procedures

    Not later than November 3, 1991, the Secretary of Transportation, 
after consultation with appropriate State officials, shall establish 
procedures to promote more effective coordination between the 
departments, agencies, and instrumentalities of the United States 
Government and State authorities with regulatory authority over motor 
carrier safety and railroad safety in carrying out and enforcing this 
chapter.

          CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION

Sec.
5901.  Definitions.
5902.  Notifications and certifications.
5903.  Prohibitions.
5904.  State enforcement.
5905.  Liens.
5906.  Perishable agricultural commodities.
5907.  Regulations and effective date.

Sec. 5901. Definitions

    In this chapter--
        (1) the definitions in section 10102 of this title apply.
        (2) ``beneficial owner'' means a person not having title to 
    property but having ownership rights in the property, including a 
    trustee of property in transit from an overseas place of origin 
    that is domiciled or doing business in the United States, except 
    that a carrier, agent of a carrier, broker, customs broker, freight 
    forwarder, warehouser, or terminal operator is not a beneficial 
    owner only because of providing or arranging for any part of the 
    intermodal transportation of property.
        (3) ``carrier'' means--
            (A) a motor carrier, water carrier, and rail carrier 
        providing transportation of property in commerce; and
            (B) an ocean common carrier (as defined in section 3 of the 
        Shipping Act of 1984 (46 App. U.S.C. 1702)) providing 
        transportation of property in commerce.
        (4) ``container'' has the meaning given the term ``freight 
    container'' by the International Standards Organization in Series 
    1, Freight Containers, 3d Edition (reference number ISO668-
    1979(E)), including successive revisions, and similar containers 
    that are used in providing transportation in interstate commerce.
        (5) ``first carrier'' means the first carrier transporting a 
    loaded container or trailer in intermodal transportation.
        (6) ``intermodal transportation'' means the successive 
    transportation of a loaded container or trailer from its place of 
    origin to its place of destination by more than one mode of 
    transportation in interstate or foreign commerce, whether under a 
    single bill of lading or under separate bills of lading.
        (7) ``trailer'' means a nonpower, property-carrying, trailing 
    unit that is designed for use in combination with a truck tractor.

Sec. 5902. Notifications and certifications

    (a) Prior Notification.--Before a person tenders to a first carrier 
for intermodal transportation a loaded container or trailer having a 
projected gross cargo weight of more than 10,000 pounds (including 
packing material and pallets), the person shall give the carrier a 
written notification of the gross cargo weight and a reasonable 
description of the contents of the container or trailer. The 
notification may be transmitted electronically.
    (b) Certification.--Not later than when a person tenders to a first 
carrier for intermodal transportation a container or trailer to which 
subsection (a) of this section applies or a loaded container or trailer 
having an actual gross cargo weight of more than 10,000 pounds 
(including packing material and pallets), the person shall certify to 
the carrier in writing the actual gross cargo weight and a reasonable 
description of the contents of the container or trailer.
    (c) Forwarding Certifications to Subsequent Carriers.--A carrier, 
agent of a carrier, broker, customs broker, freight forwarder, 
warehouser, or terminal operator shall forward the certification 
provided under subsection (b) of this section to a subsequent carrier 
transporting the container or trailer in intermodal transportation. The 
act of forwarding the certification may not be construed as a 
verification or affirmation of the accuracy or completeness of the 
information in the certification.
    (d) Nonapplication.--(1) Subsections (a) and (b) of this section 
and section 5903(c) of this title do not apply to a carrier when the 
carrier is transferring a loaded container or trailer to another 
carrier during intermodal transportation, unless the carrier is also 
the person tendering the loaded container or trailer to the first 
carrier.
    (2) A carrier, agent of a carrier, broker, customs broker, freight 
forwarder, warehouser, or terminal operator is deemed not to be a 
person tendering a loaded container or trailer to a first carrier under 
this section, unless the carrier, agent, broker, customs broker, 
freight forwarder, warehouser, or terminal operator assumes legal 
responsibility for loading property into the container or trailer.

Sec. 5903. Prohibitions

    (a) Providing Erroneous Information.--A person tendering a loaded 
container or trailer may not provide erroneous information in a 
certification required by section 5902(b) of this title.
    (b) Transporting Prior To Receiving Certification.--A motor carrier 
may not transport a loaded container or trailer to which section 
5902(b) of this title applies before receiving the certification 
required by section 5902(b).
    (c) Unlawful Coercion.--(1) A person may not coerce or attempt to 
coerce a person participating in intermodal transportation to transport 
a loaded container or trailer having an actual gross cargo weight of 
more than 10,000 pounds (including packing materials and pallets) 
before the certification required by section 5902(b) of this title is 
provided.
    (2) A person, knowing that the weight of a loaded container or 
trailer or the weight of a tractor-trailer combination carrying the 
container or trailer is more than the weight allowed by applicable 
State law, may not coerce or attempt to coerce a carrier to transport 
the container or trailer or to operate the tractor-trailer combination 
in violation of that State law.

Sec. 5904. State enforcement

    (a) General.--A State may enact a law to permit the State or a 
political subdivision of the State--
        (1) to impose a fine or penalty, for a violation of a State 
    highway weight law or regulation by a tractor-trailer combination 
    carrying a loaded container or trailer for which a certification is 
    required by section 5902(b) of this title, against the person 
    tendering the loaded container or trailer to the first carrier if 
    the violation results from the person's having provided erroneous 
    information in the certification in violation of section 5903(a) of 
    this title; and
        (2) to impound the container or trailer until the fine or 
    penalty has been paid by the owner or beneficial owner of the 
    contents of the container or trailer or the person tendering the 
    loaded container or trailer to the first carrier.
    (b) Limitation.--This chapter does not require a person tendering a 
loaded container or trailer to a first carrier to ensure that the first 
carrier or any other carrier involved in the intermodal transportation 
will comply with any State highway weight law or regulation, other than 
as required by this chapter.

Sec. 5905. Liens

    (a) General.--If a person involved in the intermodal transportation 
of a loaded container or trailer for which a certification is required 
by section 5902(b) of this title is required under State law to post a 
bond or pay any fine, penalty, cost, or interest resulting from 
providing erroneous information in the certification to the first 
carrier in violation of section 5903(a) of this title, the person has a 
lien against the contents equal to the amount of the bond, fine, 
penalty, cost, or interest incurred, until the person receives a 
payment of that amount from the owner or beneficial owner of the 
contents or from the person responsible for making the certification.
    (b) Limitations.--(1) A lien under this section does not authorize 
a person to dispose of the contents of a loaded container or trailer 
until the person who tendered the container or trailer to the first 
carrier is given a reasonable opportunity to establish responsibility 
for the bond, fine, penalty, cost, or interest.
    (2) In this section, an owner or beneficial owner of the contents 
of a container or trailer or a person tendering a container or trailer 
to the first carrier is deemed not to be a person involved in the 
intermodal transportation of the container or trailer.

Sec. 5906. Perishable agricultural commodities

    Sections 5904(a)(2) and 5905 of this title do not apply to a 
container or trailer the contents of which are perishable agricultural 
commodities (as defined in the Perishable Agricultural Commodities Act, 
1930 (7 U.S.C. 499a et seq.)).

Sec. 5907. Regulations and effective date

    (a) Regulations.--Not later than July 25, 1993, the Secretary of 
Transportation shall prescribe final regulations to enforce this 
chapter. The Secretary may establish by regulation exemptions to the 
regulations that are in the public interest and consistent with the 
purposes of this chapter.
    (b) Effective Date.--This chapter is effective on the date final 
regulations to enforce this chapter are prescribed.
    (e) Title 49, United States Code, is amended by adding the 
following immediately after subtitle IV:

                       SUBTITLE V--RAIL PROGRAMS

                             PART A--SAFETY

Chapter                                                             Sec.

GENERAL............................................................20101
SAFETY APPLIANCES..................................................20301
SIGNAL SYSTEMS.....................................................20501
LOCOMOTIVES........................................................20701
ACCIDENTS AND INCIDENTS............................................20901
HOURS OF SERVICE...................................................21101
PENALTIES..........................................................21301

                           PART B--ASSISTANCE

LOCAL RAIL FREIGHT ASSISTANCE......................................22101

                    PART C--PASSENGER TRANSPORTATION

GENERAL............................................................24101
AMTRAK.............................................................24301
AMTRAK COMMUTER....................................................24501
AMTRAK ROUTE SYSTEM................................................24701
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.............................24901

                          PART D--MISCELLANEOUS

LAW ENFORCEMENT....................................................26101

                             PART A--SAFETY

                          CHAPTER 201--GENERAL

                          SUBCHAPTER I--GENERAL

Sec.
20101.  Purpose.
20102.  Definitions.
20103.  General authority.
20104.  Emergency authority.
20105.  State participation.
20106.  National uniformity of regulation.
20107.  Inspection and investigation.
20108.  Research, development, testing, and training.
20109.  Employee protections.
20110.  Effect on employee qualifications and collective bargaining.
20111.  Enforcement by the Secretary of Transportation.
20112.  Enforcement by the Attorney General.
20113.  Enforcement by the States.
20114.  Judicial procedures.
20115.  User fees.
20116.  Annual report.
20117.  Authorization of appropriations.

               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY

20131.  Restricted access to rolling equipment.
20132.  Visible markers for rear cars.
20133.  Passenger equipment.
20134.  Grade crossings and railroad rights of way.
20135.  Licensing or certification of locomotive operators.
20136.  Automatic train control and related systems.
20137.  Event recorders.
20138.  Tampering with safety and operational monitoring devices.
20139.  Maintenance-of-way operations on railroad bridges.
20140.  Alcohol and controlled substances testing.
20141.  Power brake safety.
20142.  Track safety.
20143.  Locomotive visibility.
20144.  Blue signal protection for on-track vehicles.

                         SUBCHAPTER I--GENERAL

Sec. 20101. Purpose

    The purpose of this chapter is to promote safety in every area of 
railroad operations and reduce railroad-related accidents and 
incidents.

Sec. 20102. Definitions

    In this part--
        (1) ``railroad''--
            (A) means any form of nonhighway ground transportation that 
        runs on rails or electromagnetic guideways, including--
                (i) commuter or other short-haul railroad passenger 
            service in a metropolitan or suburban area and commuter 
            railroad service that was operated by the Consolidated Rail 
            Corporation on January 1, 1979; and
                (ii) high speed ground transportation systems that 
            connect metropolitan areas, without regard to whether those 
            systems use new technologies not associated with 
            traditional railroads; but
            (B) does not include rapid transit operations in an urban 
        area that are not connected to the general railroad system of 
        transportation.
        (2) ``railroad carrier'' means a person providing railroad 
    transportation.

Sec. 20103. General authority

    (a) Regulations and Orders.--The Secretary of Transportation, as 
necessary, shall prescribe regulations and issue orders for every area 
of railroad safety supplementing laws and regulations in effect on 
October 16, 1970.
    (b) Regulations of Practice for Proceedings.--The Secretary shall 
prescribe regulations of practice applicable to each proceeding under 
this chapter. The regulations shall reflect the varying nature of the 
proceedings and include time limits for disposition of the proceedings. 
The time limit for disposition of a proceeding may not be more than 12 
months after the date it begins.
    (c) Consideration of Information and Standards.--In prescribing 
regulations and issuing orders under this section, the Secretary shall 
consider existing relevant safety information and standards.
    (d) Waivers.--The Secretary may waive compliance with any part of a 
regulation prescribed or order issued under this chapter if the waiver 
is in the public interest and consistent with railroad safety. The 
Secretary shall make public the reasons for granting the waiver.
    (e) Hearings.--The Secretary shall conduct a hearing as provided by 
section 553 of title 5 when prescribing a regulation or issuing an 
order under this chapter, including a regulation or order establishing, 
amending, or waiving compliance with a railroad safety regulation 
prescribed or order issued under this chapter. An opportunity for an 
oral presentation shall be provided.

Sec. 20104. Emergency authority

    (a) Ordering Restrictions and Prohibitions.--(1) If, through 
testing, inspection, investigation, or research carried out under this 
chapter, the Secretary of Transportation decides that an unsafe 
condition or practice, or a combination of unsafe conditions and 
practices, causes an emergency situation involving a hazard of death or 
personal injury, the Secretary immediately may order restrictions and 
prohibitions, without regard to section 20103(e) of this title, that 
may be necessary to abate the situation.
    (2) The order shall describe the condition or practice, or a 
combination of conditions and practices, that causes the emergency 
situation and prescribe standards and procedures for obtaining relief 
from the order. This paragraph does not affect the Secretary's 
discretion under this section to maintain the order in effect for as 
long as the emergency situation exists.
    (b) Review of Orders.--After issuing an order under this section, 
the Secretary shall provide an opportunity for review of the order 
under section 554 of title 5. If a petition for review is filed and the 
review is not completed by the end of the 30-day period beginning on 
the date the order was issued, the order stops being effective at the 
end of that period unless the Secretary decides in writing that the 
emergency situation still exists.
    (c) Civil Actions To Compel Issuance of Orders.--An employee of a 
railroad carrier engaged in interstate or foreign commerce who may be 
exposed to imminent physical injury during that employment because of 
the Secretary's failure, without any reasonable basis, to issue an 
order under subsection (a) of this section, or the employee's 
authorized representative, may bring a civil action against the 
Secretary in a district court of the United States to compel the 
Secretary to issue an order. The action must be brought in the judicial 
district in which the emergency situation is alleged to exist, in which 
that employing carrier has its principal executive office, or for the 
District of Columbia. The Secretary's failure to issue an order under 
subsection (a) of this section may be reviewed only under section 706 
of title 5.

Sec. 20105. State participation

    (a) Investigative and Surveillance Activities.--The Secretary of 
Transportation may prescribe investigative and surveillance activities 
necessary to enforce the safety regulations prescribed and orders 
issued by the Secretary that apply to railroad equipment, facilities, 
rolling stock, and operations in a State. The State may participate in 
those activities when the safety practices for railroad equipment, 
facilities, rolling stock, and operations in the State are regulated by 
a State authority and the authority submits to the Secretary an annual 
certification as provided in subsection (b) of this section.
    (b) Annual Certification.--(1) A State authority's annual 
certification must include--
        (A) a certification that the authority--
            (i) has regulatory jurisdiction over the safety practices 
        for railroad equipment, facilities, rolling stock, and 
        operations in the State;
            (ii) was given a copy of each safety regulation prescribed 
        and order issued by the Secretary, that applies to the 
        equipment, facilities, rolling stock, or operations, as of the 
        date of certification; and
            (iii) is conducting the investigative and surveillance 
        activities prescribed by the Secretary under subsection (a) of 
        this section; and
        (B) a report, in the form the Secretary prescribes by 
    regulation, that includes--
            (i) the name and address of each railroad carrier subject 
        to the safety jurisdiction of the authority;
            (ii) each accident or incident reported during the prior 12 
        months by a railroad carrier involving a fatality, personal 
        injury requiring hospitalization, or property damage of more 
        than $750 (or a higher amount prescribed by the Secretary), and 
        a summary of the authority's investigation of the cause and 
        circumstances surrounding the accident or incident;
            (iii) the record maintenance, reporting, and inspection 
        practices conducted by the authority to aid the Secretary in 
        enforcing railroad safety regulations prescribed and orders 
        issued by the Secretary, including the number of inspections 
        made of railroad equipment, facilities, rolling stock, and 
        operations by the authority during the prior 12 months; and
            (iv) other information the Secretary requires.
    (2) An annual certification applies to a safety regulation 
prescribed or order issued after the date of the certification only if 
the State authority submits an appropriate certification to provide the 
necessary investigative and surveillance activities.
    (3) If, after receipt of an annual certification, the Secretary 
decides the State authority is not complying satisfactorily with the 
investigative and surveillance activities prescribed under subsection 
(a) of this section, the Secretary may reject any part of the 
certification or take other appropriate action to achieve adequate 
enforcement. The Secretary must give the authority notice and an 
opportunity for a hearing before taking action under this paragraph. 
When the Secretary gives notice, the burden of proof is on the 
authority to show that it is complying satisfactorily with the 
investigative and surveillance activities prescribed by the Secretary.
    (c) Agreement When Certification Not Received.--(1) If the 
Secretary does not receive an annual certification under subsection (a) 
of this section related to any railroad equipment, facility, rolling 
stock, or operation, the Secretary may make an agreement with a State 
authority for the authority to provide any part of the investigative 
and surveillance activities prescribed by the Secretary as necessary to 
enforce the safety regulations and orders applicable to the equipment, 
facility, rolling stock, or operation.
    (2) The Secretary may terminate any part of an agreement made under 
this subsection on finding that the authority has not provided every 
part of the investigative and surveillance activities to which the 
agreement relates. The Secretary must give the authority notice and an 
opportunity for a hearing before making such a finding. The finding and 
termination shall be published in the Federal Register and may not 
become effective for at least 15 days after the date of publication.
    (d) Agreement for Investigative and Surveillance Activities.--In 
addition to providing for State participation under this section, the 
Secretary may make an agreement with a State to provide investigative 
and surveillance activities related to the Secretary's duties under 
chapters 203-213 of this title.
    (e) Payment.--On application by a State authority that has 
submitted a certification under subsections (a) and (b) of this section 
or made an agreement under subsection (c) or (d) of this section, the 
Secretary shall pay not more than 50 percent of the cost of the 
personnel, equipment, and activities of the authority needed, during 
the next fiscal year, to carry out a safety program under the 
certification or agreement. However, the Secretary may pay an authority 
only when the authority assures the Secretary that it will provide the 
remaining cost of the safety program and that the total State money 
expended for the safety program, excluding grants of the United States 
Government, will be at least as much as the average amount expended for 
the fiscal years that ended June 30, 1969, and June 30, 1970.
    (f) Monitoring.--The Secretary may monitor State investigative and 
surveillance practices and carry out other inspections and 
investigations necessary to help enforce this chapter.

Sec. 20106. National uniformity of regulation

    Laws, regulations, and orders related to railroad safety shall be 
nationally uniform to the extent practicable. A State may adopt or 
continue in force a law, regulation, or order related to railroad 
safety until the Secretary of Transportation prescribes a regulation or 
issues an order covering the subject matter of the State requirement. A 
State may adopt or continue in force an additional or more stringent 
law, regulation, or order related to railroad safety when the law, 
regulation, or order--
        (1) is necessary to eliminate or reduce an essentially local 
    safety hazard;
        (2) is not incompatible with a law, regulation, or order of the 
    United States Government; and
        (3) does not unreasonably burden interstate commerce.

Sec. 20107. Inspection and investigation

    (a) General.--To carry out this part, the Secretary of 
Transportation may take actions the Secretary considers necessary, 
including--
        (1) conduct investigations, make reports, issue subpenas, 
    require the production of documents, take depositions, and 
    prescribe recordkeeping and reporting requirements; and
        (2) delegate to a public entity or qualified person the 
    inspection, examination, and testing of railroad equipment, 
    facilities, rolling stock, operations, and persons.
    (b) Entry and Inspection.--In carrying out this part, an officer, 
employee, or agent of the Secretary, at reasonable times and in a 
reasonable way, may enter and inspect railroad equipment, facilities, 
rolling stock, operations, and relevant records. When requested, the 
officer, employee, or agent shall display proper credentials. During an 
inspection, the officer, employee, or agent is an employee of the 
United States Government under chapter 171 of title 28.

Sec. 20108. Research, development, testing, and training

    (a) General.--The Secretary of Transportation shall carry out, as 
necessary, research, development, testing, evaluation, and training for 
every area of railroad safety.
    (b) Contracts.--To carry out this part, the Secretary may make 
contracts for, and carry out, research, development, testing, 
evaluation, and training (particularly for those areas of railroad 
safety found to need prompt attention).
    (c) Amounts From Non-Government Sources for Training Safety 
Employees.--The Secretary may request, receive, and expend amounts 
received from non-United States Government sources for expenses 
incurred in training safety employees of private industry, State and 
local authorities, or other public authorities, except State rail 
safety inspectors participating in training under section 20105 of this 
title.

Sec. 20109. Employee protections

    (a) Filing Complaints and Testifying.--A railroad carrier engaged 
in interstate or foreign commerce may not discharge or in any way 
discriminate against an employee because the employee, whether acting 
for the employee or as a representative, has--
        (1) filed a complaint or brought or caused to be brought a 
    proceeding related to the enforcement of this part or, as 
    applicable to railroad safety, chapter 51 or 57 of this title; or
        (2) testified or will testify in that proceeding.
    (b) Refusing To Work Because of Hazardous Conditions.--(1) A 
railroad carrier engaged in interstate or foreign commerce may not 
discharge or in any way discriminate against an employee for refusing 
to work when confronted by a hazardous condition related to the 
performance of the employee's duties, if--
        (A) the refusal is made in good faith and no reasonable 
    alternative to the refusal is available to the employee;
        (B) a reasonable individual in the circumstances then 
    confronting the employee would conclude that--
            (i) the hazardous condition presents an imminent danger of 
        death or serious injury; and
            (ii) the urgency of the situation does not allow sufficient 
        time to eliminate the danger through regular statutory means; 
        and
        (C) the employee, where possible, has notified the carrier of 
    the hazardous condition and the intention not to perform further 
    work unless the condition is corrected immediately.
    (2) This subsection does not apply to security personnel employed 
by a carrier to protect individuals and property transported by 
railroad.
    (c) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under section 3 to resolve the 
dispute, grievance, or claim, the proceeding shall be expedited and the 
dispute, grievance, or claim shall be resolved not later than 180 days 
after it is filed. If the violation is a form of discrimination that 
does not involve discharge, suspension, or another action affecting 
pay, and no other remedy is available under this subsection, the Board, 
division, delegate, or other board of adjustment may award the employee 
reasonable damages, including punitive damages, of not more than 
$20,000.
    (d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    (e) Disclosure of Identity.--(1) Except as provided in paragraph 
(2) of this subsection, or with the written consent of the employee, 
the Secretary of Transportation may not disclose the name of an 
employee of a railroad carrier who has provided information about an 
alleged violation of this part or, as applicable to railroad safety, 
chapter 51 or 57 of this title or a regulation prescribed or order 
issued under any of those provisions.
    (2) The Secretary shall disclose to the Attorney General the name 
of an employee described in paragraph (1) of this subsection if the 
matter is referred to the Attorney General for enforcement.

Sec. 20110. Effect on employee qualifications and collective bargaining

    This chapter does not--
        (1) authorize the Secretary of Transportation to prescribe 
    regulations and issue orders related to qualifications of 
    employees, except qualifications specifically related to safety; or
        (2) prohibit the bargaining representatives of railroad 
    carriers and their employees from making collective bargaining 
    agreements under the Railway Labor Act (45 U.S.C. 151 et seq.), 
    including agreements related to qualifications of employees, that 
    are not inconsistent with regulations prescribed and orders issued 
    under this chapter.

Sec. 20111. Enforcement by the Secretary of Transportation

    (a) Exclusive Authority.--The Secretary of Transportation has 
exclusive authority--
        (1) to impose and compromise a civil penalty for a violation of 
    a railroad safety regulation prescribed or order issued by the 
    Secretary;
        (2) except as provided in section 20113 of this title, to 
    request an injunction for a violation of a railroad safety 
    regulation prescribed or order issued by the Secretary; and
        (3) to recommend appropriate action be taken under section 
    20112(a) of this title.
    (b) Compliance Orders.--The Secretary may issue an order directing 
compliance with this part or with a railroad safety regulation 
prescribed or order issued under this part.
    (c) Orders Prohibiting Individuals From Performing Safety-Sensitive 
Functions.--If an individual's violation of a regulation prescribed or 
order issued by the Secretary under this chapter is shown to make that 
individual unfit for the performance of safety-sensitive functions, the 
Secretary, after notice and opportunity for a hearing, may issue an 
order prohibiting the individual from performing safety-sensitive 
functions in the railroad industry for a specified period of time or 
until specified conditions are met. This subsection does not affect the 
Secretary's authority under section 20104 of this title to act on an 
emergency basis.
    (d) Regulations Requiring Reporting of Remedial Actions.--(1) The 
Secretary shall prescribe regulations to require that a railroad 
carrier notified by the Secretary that imposition of a civil penalty 
will be recommended for a failure to comply with this part, chapter 51 
or 57 of this title, or a regulation prescribed or order issued under 
any of those provisions, shall report to the Secretary, not later than 
the 30th day after the end of the month in which the notification is 
received--
        (A) actions taken to remedy the failure; or
        (B) if appropriate remedial actions cannot be taken by that 
    30th day, an explanation of the reasons for the delay.
    (2) The Secretary--
        (A) not later than June 3, 1993, shall issue a notice of a 
    regulatory proceeding for proposed regulations to carry out this 
    subsection; and
        (B) not later than September 3, 1994, shall prescribe final 
    regulations to carry out this subsection.

Sec. 20112. Enforcement by the Attorney General

    (a) Civil Actions.--At the request of the Secretary of 
Transportation, the Attorney General may bring a civil action in a 
district court of the United States--
        (1) to enjoin a violation of, or to enforce, a railroad safety 
    regulation prescribed or order issued by the Secretary;
        (2) to collect a civil penalty imposed or an amount agreed on 
    in compromise under section 21301 of this title; or
        (3) to enforce a subpena issued by the Secretary under this 
    chapter.
    (b) Venue.--(1) Except as provided in paragraph (2) of this 
subsection, a civil action under this section may be brought in the 
judicial district in which the violation occurred or the defendant has 
its principal executive office. If an action to collect a penalty is 
against an individual, the action also may be brought in the judicial 
district in which the individual resides.
    (2) A civil action to enforce a subpena issued by the Secretary or 
a compliance order issued under section 20111(b) of this title may be 
brought in the judicial district in which the defendant resides, does 
business, or is found.

Sec. 20113.    Enforcement by the States

    (a) Injunctive Relief.--If the Secretary of Transportation does not 
begin a civil action under section 20112 of this title to enjoin the 
violation of a railroad safety regulation prescribed or order issued by 
the Secretary not later than 15 days after the date the Secretary 
receives notice of the violation and a request from a State authority 
participating in investigative and surveillance activities under 
section 20105 of this title that the action be brought, the authority 
may bring a civil action in a district court of the United States to 
enjoin the violation. This subsection does not apply if the Secretary 
makes an affirmative written finding that the violation did not occur 
or that the action is not necessary because of other enforcement action 
taken by the Secretary related to the violation.
    (b) Imposition and Collection of Civil Penalties.--If the Secretary 
does not impose the applicable civil penalty for a violation of a 
railroad safety regulation prescribed or order issued by the Secretary 
not later than 60 days after the date of receiving notice from a State 
authority participating in investigative and surveillance activities 
under section 20105 of this title, the authority may bring a civil 
action in a district court of the United States to impose and collect 
the penalty. This paragraph does not apply if the Secretary makes an 
affirmative written finding that the violation did not occur.
    (c) Venue.--A civil action under this section may be brought in the 
judicial district in which the violation occurred or the defendant has 
its principal executive office. However, a State authority may not 
bring an action under this section outside the State.

Sec. 20114. Judicial procedures

    (a) Criminal Contempt.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under this chapter, 
the violation of which is also a violation of this chapter, the 
defendant may demand a jury trial. The defendant shall be tried as 
provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 
App. U.S.C.).
    (b) Subpenas For Witnesses.--A subpena for a witness required to 
attend a district court of the United States in an action brought under 
this chapter may be served in any judicial district.
    (c) Review of Agency Action.--Except as provided in section 
20104(c) of this title, a proceeding to review a final action of the 
Secretary of Transportation under this part or, as applicable to 
railroad safety, chapter 51 or 57 of this title shall be brought in the 
appropriate court of appeals as provided in chapter 158 of title 28.

Sec. 20115. User fees

    (a) Schedule of Fees.--The Secretary of Transportation shall 
prescribe by regulation a schedule of fees for railroad carriers 
subject to this chapter. The fees--
        (1) shall cover the costs of carrying out this chapter (except 
    section 20108(a));
        (2) shall be imposed fairly on the railroad carriers, in 
    reasonable relationship to an appropriate combination of criteria 
    such as revenue ton-miles, track miles, passenger miles, or other 
    relevant factors; and
        (3) may not be based on that part of industry revenues 
    attributable to a railroad carrier or class of railroad carriers.
    (b) Collection Procedures.--The Secretary shall prescribe 
procedures to collect the fees. The Secretary may use the services of a 
department, agency, or instrumentality of the United States Government 
or of a State or local authority to collect the fees, and may reimburse 
the department, agency, or instrumentality a reasonable amount for its 
services.
    (c) Collection, Deposit, and Use.--(1) The Secretary shall impose 
and collect fees under this section for each fiscal year before the end 
of the fiscal year.
    (2) Fees collected under this section shall be deposited in the 
general fund of the Treasury as offsetting receipts. The fees may be 
used, to the extent provided in advance in an appropriation law, only 
to carry out this chapter.
    (3) Fees prescribed under this section shall be imposed in an 
amount sufficient to pay for the costs of activities under this 
chapter. However, the total fees received for a fiscal year may not be 
more than 105 percent of the total amount of the appropriations for the 
fiscal year for activities to be financed by the fees.
    (d) Annual Report.--(1) Not later than 90 days after the end of 
each fiscal year in which fees are collected under this section, the 
Secretary shall report to Congress on--
        (A) the amount of fees collected during that fiscal year;
        (B) the impact of the fees on the financial health of the 
    railroad industry and its competitive position relative to each 
    competing mode of transportation; and
        (C) the total cost of Government safety activities for each 
    other competing mode of transportation, including any part of that 
    total cost defrayed by Government user fees.
    (2) Not later than 90 days after submitting a report for a fiscal 
year, the Secretary shall submit to Congress recommendations for 
corrective legislation if the report includes a finding that--
        (A) there has been an impact from the fees on the financial 
    health of the railroad industry or its competitive position 
    relative to each competing mode of transportation; or
        (B) there is a significant difference in the burden of 
    Government user fees on the railroad industry and other competing 
    modes of transportation.
    (e) Expiration.--This section expires on September 30, 1995.

Sec. 20116. Annual report

    The Secretary of Transportation shall submit to the President for 
submission to Congress not later than July 1 of each year a report on 
carrying out this chapter for the prior calendar year. The report shall 
include the following information about the prior year:
        (1) a thorough statistical compilation of railroad accidents, 
    incidents, and casualties by cause.
        (2) a list of railroad safety regulations and orders 
    prescribed, issued, or in effect under this chapter.
        (3) a summary of the reasons for each waiver granted under 
    section 20103(d) of this title.
        (4) an evaluation of the degree of compliance with railroad 
    safety regulations prescribed and orders issued under this chapter.
        (5) a summary of outstanding problems in carrying out railroad 
    safety regulations prescribed and orders issued under this chapter, 
    in order of priority.
        (6) an analysis and evaluation of research and related 
    activities completed, including their policy implications, and 
    technological progress achieved.
        (7) a list, with a brief statement of the issues, of completed 
    or pending civil actions to enforce railroad safety regulations 
    prescribed and orders issued under this chapter.
        (8) the extent to which technical information was distributed 
    to the scientific community and consumer-oriented information was 
    made available to the public.
        (9) a compilation of certifications filed under section 
    20105(a) of this title that were--
            (A) in effect; or
            (B) rejected in any part by the Secretary, and a summary of 
        the reasons for each rejection.
        (10) a compilation of agreements made under section 20105(c) of 
    this title that were--
            (A) in effect; or
            (B) terminated in any part by the Secretary, and a summary 
        of the reasons for each termination.
        (11) recommendations for legislation the Secretary considers 
    necessary to strengthen the national railroad safety program.

Sec. 20117. Authorization of appropriations

    (a) General.--(1) Not more than the following amounts may be 
appropriated to the Secretary of Transportation to carry out this 
chapter:
        (A) $68,283,000 for the fiscal year ending September 30, 1993.
        (B) $71,690,000 for the fiscal year ending September 30, 1994.
    (2) Not more than $5,000,000 may be appropriated to the Secretary 
for the fiscal year ending September 30, 1993, to carry out section 
20105 of this title.
    (b) Grade Crossing Safety.--Not more than $1,000,000 may be 
appropriated to the Secretary for improvements in grade crossing 
safety, except demonstration projects under section 20134(c) of this 
title. Amounts appropriated under this subsection remain available 
until expended.
    (c) Research and Development, Automated Track Inspection, and State 
Participation Grants.--Amounts appropriated under this section for 
research and development, automated track inspection, and grants under 
section 20105(e) of this title remain available until expended.
    (d) Minimum Available for Certain Purposes.--At least 50 percent of 
the amounts appropriated to the Secretary for a fiscal year to carry 
out railroad research and development programs under this chapter or 
another law shall be available for safety research, improved track 
inspection and information acquisition technology, improved railroad 
freight transportation, and improved railroad passenger systems.

              SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY

Sec. 20131. Restricted access to rolling equipment

    The Secretary of Transportation shall prescribe regulations and 
issue orders that may be necessary to require that when railroad 
carrier employees (except train or yard crews) assigned to inspect, 
test, repair, or service rolling equipment have to work on, under, or 
between that equipment, every manually operated switch, including each 
crossover switch, providing access to the track on which the equipment 
is located is lined against movement to that track and secured by an 
effective locking device that can be removed only by the class or craft 
of employees performing the inspection, testing, repair, or service.

Sec. 20132. Visible markers for rear cars

    (a) General.--The Secretary of Transportation shall prescribe 
regulations and issue orders that may be necessary to require that--
        (1) the rear car of each passenger and commuter train has at 
    least one highly visible marker that is lighted during darkness and 
    when weather conditions restrict clear visibility; and
        (2) the rear car of each freight train has highly visible 
    markers during darkness and when weather conditions restrict clear 
    visibility.
    (b) Preemption.--Notwithstanding section 20106 of this title, 
subsection (a) of this section does not prohibit a State from 
continuing in force a law, regulation, or order in effect on July 8, 
1976, related to lighted markers on the rear car of a freight train 
except to the extent it would cause the car to be in violation of this 
section.

Sec. 20133. Passenger equipment

    (a) General.--The Secretary of Transportation shall prescribe 
regulations and issue orders that may be necessary to ensure that the 
construction, maintenance, and operation of railroad equipment used to 
transport railroad passengers, whether in commuter or intercity 
service, maximize the safety of those passengers. The Secretary 
periodically shall review the regulations and orders and make 
amendments that may be necessary.
    (b) Considerations and Areas of Concentration.--In prescribing 
regulations, issuing orders, and making amendments under this section, 
the Secretary shall--
        (1) consider comparable regulations and procedures of the 
    United States Government that apply to other modes of 
    transportation, especially those regulations and procedures carried 
    out by the Administrator of the Federal Aviation Administration;
        (2) consider relevant differences between commuter and 
    intercity passenger service;
        (3) concentrate on those areas that the Secretary believes 
    present the greatest opportunity for enhancing the safety of the 
    equipment; and
        (4) give significant weight to the expenditures that would be 
    necessary to retrofit existing equipment and to change 
    specifications for equipment on order.
    (c) Consultation.--In prescribing regulations, issuing orders, and 
making amendments under this section, the Secretary may consult with 
Amtrak, public authorities operating railroad passenger service, other 
railroad carriers transporting passengers, organizations of passengers, 
and organizations of employees. A consultation is not subject to the 
Federal Advisory Committee Act (5 App. U.S.C.), but minutes of the 
consultation shall be placed in the public docket of the regulatory 
proceeding.

Sec. 20134. Grade crossings and railroad rights of way

    (a) General.--To the extent practicable, the Secretary of 
Transportation shall maintain a coordinated effort to develop and carry 
out solutions to the railroad grade crossing problem and measures to 
protect pedestrians in densely populated areas along railroad rights of 
way. To carry out this subsection, the Secretary may use the authority 
of the Secretary under this chapter and over highway, traffic, and 
motor vehicle safety and over highway construction.
    (b) Signal Systems and Other Devices.--Not later than June 22, 
1989, the Secretary shall prescribe regulations and issue orders to 
ensure the safe maintenance, inspection, and testing of signal systems 
and devices at railroad highway grade crossings.
    (c) Demonstration Projects.--(1) The Secretary shall establish 
demonstration projects to evaluate whether accidents and incidents 
involving trains would be reduced by--
        (A) reflective markers installed on the road surface or on a 
    signal post at railroad grade crossings;
        (B) stop signs or yield signs installed at grade crossings; and
        (C) speed bumps or rumble strips installed on the road surfaces 
    at the approaches to grade crossings.
    (2) Not later than June 22, 1990, the Secretary shall submit a 
report on the results of the demonstration projects to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate.

Sec. 20135. Licensing or certification of locomotive operators

    (a) General.--The Secretary of Transportation shall prescribe 
regulations and issue orders to establish a program requiring the 
licensing or certification, after one year after the program is 
established, of any operator of a locomotive.
    (b) Program Requirements.--The program established under subsection 
(a) of this section--
        (1) shall be carried out through review and approval of each 
    railroad carrier's operator qualification standards;
        (2) shall provide minimum training requirements;
        (3) shall require comprehensive knowledge of applicable 
    railroad carrier operating practices and rules;
        (4) except as provided in subsection (c)(1) of this section, 
    shall require consideration, to the extent the information is 
    available, of the motor vehicle driving record of each individual 
    seeking licensing or certification, including--
            (A) any denial, cancellation, revocation, or suspension of 
        a motor vehicle operator's license by a State for cause within 
        the prior 5 years; and
            (B) any conviction within the prior 5 years of an offense 
        described in section 30304(a)(3) (A) or (B) of this title;
        (5) may require, based on the individual's driving record, 
    disqualification or the granting of a license or certification 
    conditioned on requirements the Secretary prescribes; and
        (6) shall require an individual seeking a license or 
    certification--
            (A) to request the chief driver licensing official of each 
        State in which the individual has held a motor vehicle 
        operator's license within the prior 5 years to provide 
        information about the individual's driving record to the 
        individual's employer, prospective employer, or the Secretary, 
        as the Secretary requires; and
            (B) to make the request provided for in section 30305(b)(4) 
        of this title for information to be sent to the individual's 
        employer, prospective employer, or the Secretary, as the 
        Secretary requires.
    (c) Waivers.--(1) The Secretary shall prescribe standards and 
establish procedures for waiving subsection (b)(4) of this section for 
an individual or class of individuals who the Secretary decides are not 
currently unfit to operate a locomotive. However, the Secretary may 
waive subsection (b)(4) for an individual or class of individuals with 
a conviction, cancellation, revocation, or suspension described in 
paragraph (2) (A) or (B) of this subsection only if the individual or 
class, after the conviction, cancellation, revocation, or suspension, 
successfully completes a rehabilitation program established by a 
railroad carrier or approved by the Secretary.
    (2) If an individual, after the conviction, cancellation, 
revocation, or suspension, successfully completes a rehabilitation 
program established by a railroad carrier or approved by the Secretary, 
the individual may not be denied a license or certification under 
subsection (b)(4) of this section because of--
        (A) a conviction for operating a motor vehicle when under the 
    influence of, or impaired by, alcohol or a controlled substance; or
        (B) the cancellation, revocation, or suspension of the 
    individual's motor vehicle operator's license for operating a motor 
    vehicle when under the influence of, or impaired by, alcohol or a 
    controlled substance.
    (d) Opportunity for Hearing.--An individual denied a license or 
certification or whose license or certification is conditioned on 
requirements prescribed under subsection (b)(4) of this section shall 
be entitled to a hearing under section 20103(e) of this title to decide 
whether the license has been properly denied or conditioned.
    (e) Opportunity to Examine and Comment on Information.--The 
Secretary, employer, or prospective employer, as appropriate, shall 
make information obtained under subsection (b)(6) of this section 
available to the individual. The individual shall be given an 
opportunity to comment in writing about the information. Any comment 
shall be included in any record or file maintained by the Secretary, 
employer, or prospective employer that contains information to which 
the comment is related.

Sec. 20136. Automatic train control and related systems

    The Secretary of Transportation shall prescribe regulations and 
issue orders to require that--
        (1) an individual performing a test of an automatic train stop, 
    train control, or cab signal apparatus required by the Secretary to 
    be performed before entering territory where the apparatus will be 
    used shall certify in writing that the test was performed properly; 
    and
        (2) the certification required under clause (1) of this 
    subsection shall be maintained in the same way and place as the 
    daily inspection report for the locomotive.

Sec. 20137. Event recorders

    (a) Definition.--In this section, ``event recorder'' means a device 
that--
        (1) records train speed, hot box detection, throttle position, 
    brake application, brake operations, and any other function the 
    Secretary of Transportation considers necessary to record to assist 
    in monitoring the safety of train operation, such as time and 
    signal indication; and
        (2) is designed to resist tampering.
    (b) Regulations and Orders.--Not later than December 22, 1989, the 
Secretary shall prescribe regulations and issue orders that may be 
necessary to enhance safety by requiring that a train be equipped with 
an event recorder not later than one year after the regulations are 
prescribed and the orders are issued. However, if the Secretary finds 
it is impracticable to equip trains within that one-year period, the 
Secretary may extend the period to a date that is not later than 18 
months after the regulations are prescribed and the orders are issued.

Sec. 20138. Tampering with safety and operational monitoring devices

    (a) General.--The Secretary of Transportation shall prescribe 
regulations and issue orders to prohibit the willful tampering with, or 
disabling of, any specified railroad safety or operational monitoring 
device.
    (b) Penalties.--(1) A railroad carrier operating a train on which a 
safety or operational monitoring device is tampered with or disabled in 
violation of a regulation prescribed or order issued under subsection 
(a) of this section is liable to the United States Government for a 
civil penalty under section 21301 of this title.
    (2) An individual tampering with or disabling a safety or 
operational monitoring device in violation of a regulation prescribed 
or order issued under subsection (a) of this section, or knowingly 
operating or allowing to be operated a train on which such a device has 
been tampered with or disabled, is liable for penalties established by 
the Secretary. The penalties may include--
        (A) a civil penalty under section 21301 of this title;
        (B) suspension from work; and
        (C) suspension or loss of a license or certification issued 
    under section 20135 of this title.

Sec. 20139. Maintenance-of-way operations on railroad bridges

    Not later than June 22, 1989, the Secretary of Transportation shall 
prescribe regulations and issue orders for the safety of maintenance-
of-way employees on railroad bridges. The Secretary at least shall 
provide in those regulations standards for bridge safety equipment, 
including nets, walkways, handrails, and safety lines, and requirements 
for the use of vessels when work is performed on bridges located over 
bodies of water.

Sec. 20140. Alcohol and controlled substances testing

    (a) Definition.--In this section, ``controlled substance'' means 
any substance under section 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the 
Secretary of Transportation.
    (b) General.--(1) In the interest of safety, the Secretary of 
Transportation shall prescribe regulations and issue orders, not later 
than October 28, 1992, related to alcohol and controlled substances use 
in railroad operations. The regulations shall establish a program 
requiring--
        (A) a railroad carrier to conduct preemployment, reasonable 
    suspicion, random, and post-accident testing of all railroad 
    employees responsible for safety-sensitive functions (as decided by 
    the Secretary) for the use of alcohol or a controlled substance in 
    violation of law or a United States Government regulation; and
        (B) when the Secretary considers it appropriate, 
    disqualification for an established period of time or dismissal of 
    any employee found--
            (i) to have used or been impaired by alcohol when on duty; 
        or
            (ii) to have used a controlled substance, whether or not on 
        duty, except as allowed for medical purposes by law or a 
        regulation or order under this chapter.
    (2) When the Secretary of Transportation considers it appropriate 
in the interest of safety, the Secretary may prescribe regulations and 
issue orders requiring railroad carriers to conduct periodic recurring 
testing of railroad 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.
    (c) Testing and Laboratory Requirements.--In carrying out this 
section, the Secretary of Transportation shall develop requirements 
that shall--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled 
    substances, incorporate the Department of Health and Human Services 
    scientific and technical guidelines dated April 11, 1988, and any 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of 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 (other than 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.
    (d) Rehabilitation.--The Secretary of Transportation shall 
prescribe regulations or issue orders establishing requirements for 
rehabilitation programs that at least provide for the identification 
and opportunity for treatment of railroad employees responsible for 
safety-sensitive functions (as decided by the Secretary) in need of 
assistance in resolving problems with the use of alcohol or a 
controlled substance in violation of law or a Government regulation. 
The Secretary shall decide on the circumstances under which employees 
shall be required to participate in a program. Each railroad carrier is 
encouraged to make such a program available to all of its employees in 
addition to employees responsible for safety-sensitive functions. This 
subsection does not prevent a railroad carrier from establishing a 
program under this subsection in cooperation with another railroad 
carrier.
    (e) International Obligations and Foreign Laws and Regulations.--In 
carrying out this section, the Secretary of Transportation--
        (1) shall establish only requirements that are consistent with 
    international obligations of the United States; and
        (2) shall consider applicable laws and regulations of foreign 
    countries.
    (f) Other Regulations Allowed.--This section does not prevent the 
Secretary of Transportation from continuing in effect, amending, or 
further supplementing a regulation prescribed or order issued before 
October 28, 1991, governing the use of alcohol or a controlled 
substance in railroad operations.

Sec. 20141. Power brake safety

    (a) Review and Revision of Existing Regulations.--The Secretary of 
Transportation shall review existing regulations on railroad power 
brakes and, not later than December 31, 1993, revise the regulations 
based on safety information presented during the review. Where 
applicable, the Secretary shall prescribe regulations that establish 
standards on dynamic braking equipment.
    (b) 2-Way End-of-Train Devices.--(1) The Secretary shall require 2-
way end-of-train devices (or devices able to perform the same function) 
on road trains, except locals, road switchers, or work trains, to 
enable the initiation of emergency braking from the rear of a train. 
The Secretary shall prescribe regulations as soon as possible, but not 
later than December 31, 1993, requiring the 2-way end-of-train devices. 
The regulations at least shall--
        (A) establish standards for the devices based on performance;
        (B) prohibit a railroad carrier, on or after the date that is 
    one year after the regulations are prescribed, from acquiring any 
    end-of-train device for use on trains that is not a 2-way device 
    meeting the standards established under clause (A) of this 
    paragraph;
        (C) require that the trains be equipped with 2-way end-of-train 
    devices meeting those standards not later than 4 years after the 
    regulations are prescribed; and
        (D) provide that any 2-way end-of-train device acquired for use 
    on trains before the regulations are prescribed shall be deemed to 
    meet the standards.
    (2) The Secretary may consider petitions to amend the regulations 
prescribed under paragraph (1) of this subsection to allow the use of 
alternative technologies that meet the same basic performance 
requirements established by the regulations.
    (3) In developing the regulations required by paragraph (1) of this 
subsection, the Secretary shall consider information presented under 
subsection (a) of this section.
    (c) Exclusions.--The Secretary may exclude from regulations 
prescribed under subsections (a) and (b) of this section any category 
of trains or rail operations if the Secretary decides that the 
exclusion is in the public interest and is consistent with railroad 
safety. The Secretary shall make public the reasons for the exclusion. 
The Secretary at least shall exclude from the regulations prescribed 
under subsection (b)--
        (1) trains that have manned cabooses;
        (2) passenger trains with emergency brakes;
        (3) trains that operate only on track that is not part of the 
    general railroad system;
        (4) trains that do not exceed 30 miles an hour and do not 
    operate on heavy grades, except for any categories of trains 
    specifically designated by the Secretary; and
        (5) trains that operate in a push mode.

Sec. 20142. Track safety

    (a) Review of Existing Regulations.--Not later than March 3, 1993, 
the Secretary of Transportation shall begin a review of Department of 
Transportation regulations related to track safety standards. The 
review at least shall include an evaluation of--
        (1) procedures associated with maintaining and installing 
    continuous welded rail and its attendant structure;
        (2) the need for revisions to regulations on track excepted 
    from track safety standards; and
        (3) employee safety.
    (b) Revision of Regulations.--Not later than September 3, 1994, the 
Secretary shall prescribe regulations and issue orders to revise track 
safety standards, considering safety information presented during the 
review under subsection (a) of this section and the report of the 
Comptroller General submitted under subsection (c) of this section.
    (c) Comptroller General's Study and Report.--The Comptroller 
General shall study the effectiveness of the Secretary's enforcement of 
track safety standards, with particular attention to recent relevant 
railroad accident experience and information. Not later than September 
3, 1993, the Comptroller General shall submit a report to Congress and 
the Secretary on the results of the study, with recommendations for 
improving enforcement of those standards.

Sec. 20143. Locomotive visibility

    (a) Definition.--In this section, ``locomotive visibility'' means 
the enhancement of day and night visibility of the front end unit of a 
train, considering in particular the visibility and perspective of a 
driver of a motor vehicle at a grade crossing.
    (b) Interim Regulations.--Not later than December 31, 1992, the 
Secretary of Transportation shall prescribe temporary regulations 
identifying ditch, crossing, strobe, and oscillating lights as 
temporary locomotive visibility measures and authorizing and 
encouraging the installation and use of those lights. Subchapter II of 
chapter 5 of title 5 does not apply to a temporary regulation or to an 
amendment to a temporary regulation.
    (c) Review of Regulations.--The Secretary shall review the 
Secretary's regulations on locomotive visibility. Not later than 
December 31, 1993, the Secretary shall complete the current research of 
the Department of Transportation on locomotive visibility. In 
conducting the review, the Secretary shall collect relevant information 
from operational experience by rail carriers using enhanced visibility 
measures.
    (d) Regulatory Proceeding.--Not later than June 30, 1994, the 
Secretary shall begin a regulatory proceeding to prescribe final 
regulations requiring substantially enhanced locomotive visibility 
measures. In the proceeding, the Secretary shall consider at least--
        (1) revisions to the existing locomotive headlight standards, 
    including standards for placement and intensity;
        (2) requiring the use of reflective material to enhance 
    locomotive visibility;
        (3) requiring the use of additional alerting lights, including 
    ditch, crossing, strobe, and oscillating lights;
        (4) requiring the use of auxiliary lights to enhance locomotive 
    visibility when viewed from the side;
        (5) the effect of an enhanced visibility measure on the vision, 
    health, and safety of train crew members; and
        (6) separate standards for self-propelled, push-pull, and 
    multi-unit passenger operations without a dedicated head end 
    locomotive.
    (e) Final Regulations.--(1) Not later than June 30, 1995, the 
Secretary shall prescribe final regulations requiring enhanced 
locomotive visibility measures. The Secretary shall require that not 
later than December 31, 1997, a locomotive not excluded from the 
regulations be equipped with temporary visibility measures under 
subsection (b) of this section or the visibility measures the final 
regulations require.
    (2) In prescribing regulations under paragraph (1) of this 
subsection, the Secretary may exclude a category of trains or rail 
operations from a specific visibility requirement if the Secretary 
decides the exclusion is in the public interest and is consistent with 
rail safety, including grade-crossing safety.
    (3) A locomotive equipped with temporary visibility measures 
prescribed under subsection (b) of this section when final regulations 
are prescribed under paragraph (1) of this subsection is deemed to be 
complying with the final regulations for 4 years after the final 
regulations are prescribed.

Sec. 20144. Blue signal protection for on-track vehicles

    The Secretary of Transportation shall prescribe regulations 
applying blue signal protection to on-track vehicles where rest is 
provided.

                     CHAPTER 203--SAFETY APPLIANCES

Sec.
20301.  Definition and nonapplication.
20302.  General requirements.
20303.  Moving defective and insecure vehicles needing repairs.
20304.  Assumption of risk by employees.
20305.  Inspection of mail cars.
20306.  Exemption for technological improvements.

Sec. 20301. Definition and nonapplication

    (a) Definition.--In this chapter, ``vehicle'' means a car, 
locomotive, tender, or similar vehicle.
    (b) Nonapplication.--This chapter does not apply to the following:
        (1) a train of 4-wheel coal cars.
        (2) a train of 8-wheel standard logging cars if the height of 
    each car from the top of the rail to the center of the coupling is 
    not more than 25 inches.
        (3) a locomotive used in hauling a train referred to in clause 
    (2) of this subsection when the locomotive and cars of the train 
    are used only to transport logs.

Sec. 20302. General requirements

    (a) General.--Except as provided in subsection (c) of this section 
and section 20303 of this title, a railroad carrier may use or allow to 
be used on any of its railroad lines--
        (1) a vehicle only if it is equipped with--
            (A) couplers coupling automatically by impact, and capable 
        of being uncoupled, without the necessity of individuals going 
        between the ends of the vehicles;
            (B) secure sill steps and efficient hand brakes; and
            (C) secure ladders and running boards when required by the 
        Secretary of Transportation, and, if ladders are required, 
        secure handholds or grab irons on its roof at the top of each 
        ladder;
        (2) except as otherwise ordered by the Secretary, a vehicle 
    only if it is equipped with secure grab irons or handholds on its 
    ends and sides for greater security to individuals in coupling and 
    uncoupling vehicles;
        (3) a vehicle only if it complies with the standard height of 
    drawbars required by regulations prescribed by the Secretary;
        (4) a locomotive only if it is equipped with a power-driving 
    wheel brake and appliances for operating the train-brake system; 
    and
        (5) a train only if--
            (A) enough of the vehicles in the train are equipped with 
        power or train brakes so that the engineer on the locomotive 
        hauling the train can control the train's speed without the 
        necessity of brake operators using the common hand brakes for 
        that purpose; and
            (B) at least 50 percent of the vehicles in the train are 
        equipped with power or train brakes and the engineer is using 
        the power or train brakes on those vehicles and on all other 
        vehicles equipped with them that are associated with those 
        vehicles in the train.
    (b) Refusal To Receive Vehicles Not Properly Equipped.--A railroad 
carrier complying with subsection (a)(5)(A) of this section may refuse 
to receive from a railroad line of a connecting railroad carrier or a 
shipper a vehicle that is not equipped with power or train brakes that 
will work and readily interchange with the power or train brakes in use 
on the vehicles of the complying railroad carrier.
    (c) Combined Vehicles Loading and Hauling Long Commodities.--
Notwithstanding subsection (a)(1)(B) of this section, when vehicles are 
combined to load and haul long commodities, only one of the vehicles 
must have hand brakes during the loading and hauling.
    (d) Authority To Change Requirements.--The Secretary may--
        (1) change the number, dimensions, locations, and manner of 
    application prescribed by the Secretary for safety appliances 
    required by subsection (a)(1)(B) and (C) and (2) of this section 
    only for good cause and after providing an opportunity for a full 
    hearing;
        (2) amend regulations for installing, inspecting, maintaining, 
    and repairing power and train brakes only for the purpose of 
    achieving safety; and
        (3) increase, after an opportunity for a full hearing, the 
    minimum percentage of vehicles in a train that are required by 
    subsection (a)(5)(B) of this section to be equipped and used with 
    power or train brakes.
    (e) Services of Association of American Railroads.--In carrying out 
subsection (d)(2) and (3) of this section, the Secretary may use the 
services of the Association of American Railroads.

Sec. 20303. Moving defective and insecure vehicles needing repairs

    (a) General.--A vehicle that is equipped in compliance with this 
chapter whose equipment becomes defective or insecure nevertheless may 
be moved when necessary to make repairs, without a penalty being 
imposed under section 21302 of this title, from the place at which the 
defect or insecurity was first discovered to the nearest available 
place at which the repairs can be made--
        (1) on the railroad line on which the defect or insecurity was 
    discovered; or
        (2) at the option of a connecting railroad carrier, on the 
    railroad line of the connecting carrier, if not farther than the 
    place of repair described in clause (1) of this subsection.
    (b) Use of Chains Instead of Drawbars.--A vehicle in a revenue 
train or in association with commercially-used vehicles may be moved 
under this section with chains instead of drawbars only when the 
vehicle contains livestock or perishable freight.
    (c) Liability.--The movement of a vehicle under this section is at 
the risk only of the railroad carrier doing the moving. This section 
does not relieve a carrier from liability in a proceeding to recover 
damages for death or injury of a railroad employee arising from the 
movement of a vehicle with equipment that is defective, insecure, or 
not maintained in compliance with this chapter.

Sec. 20304. Assumption of risk by employees

    An employee of a railroad carrier injured by a vehicle or train 
used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of 
this title does not assume the risk of injury resulting from the 
violation, even if the employee continues to be employed by the carrier 
after learning of the violation.

Sec. 20305. Inspection of mail cars

    The Secretary of Transportation shall inspect the construction, 
adaptability, design, and condition of mail cars used on railroads in 
the United States. The Secretary shall make a report on the inspection 
and submit a copy of the report to the United States Postal Service.

Sec. 20306. Exemption for technological improvements

    (a) General.--Subject to subsection (b) of this section, the 
Secretary of Transportation may exempt from the requirements of this 
chapter railroad equipment or equipment that will be operated on rails, 
when those requirements preclude the development or implementation of 
more efficient railroad transportation equipment or other 
transportation innovations under existing law.
    (b) Conditions for Exemption.--The Secretary may grant an exemption 
under subsection (a) of this section only on the basis of--
        (1) findings based on evidence developed at a hearing; or
        (2) an agreement between national railroad labor 
    representatives and the developer of the new equipment or 
    technology.

                      CHAPTER 205--SIGNAL SYSTEMS

Sec.
20501.  Definition.
20502.  Requirements for installation and use.
20503.  Amending regulations and changing requirements.
20504.  Inspection, testing, and investigation.
20505.  Reports of malfunctions and accidents.

Sec. 20501. Definition

    In this chapter, ``signal system'' means a block signal system, an 
interlocking, automatic train stop, train control, or cab-signal 
device, or a similar appliance, method, device, or system intended to 
promote safety in railroad operations.

Sec. 20502. Requirements for installation and use

    (a) Installation.--(1) When the Secretary of Transportation decides 
after an investigation that it is necessary in the public interest, the 
Secretary may order a railroad carrier to install, on any part of its 
railroad line, a signal system that complies with requirements of the 
Secretary. The order must allow the carrier a reasonable time to 
complete the installation. A carrier may discontinue or materially 
alter a signal system required under this paragraph only with the 
approval of the Secretary.
    (2) A railroad carrier ordered under paragraph (1) of this 
subsection to install a signal system on one part of its railroad line 
may not be held negligent for not installing the system on any part of 
its line that was not included in the order. If an accident or incident 
occurs on a part of the line on which the signal system was not 
required to be installed and was not installed, the use of the system 
on another part of the line may not be considered in a civil action 
brought because of the accident or incident.
    (b) Use.--A railroad carrier may allow a signal system to be used 
on its railroad line only when the system, including its controlling 
and operating appurtenances--
        (1) may be operated safely without unnecessary risk of personal 
    injury; and
        (2) has been inspected and can meet any test prescribed under 
    this chapter.

Sec. 20503. Amending regulations and changing requirements

    The Secretary of Transportation may amend a regulation or change a 
requirement applicable to a railroad carrier for installing, 
maintaining, inspecting, or repairing a signal system under this 
chapter--
        (1) when the carrier files with the Secretary a request for the 
    amendment or change and the Secretary approves the request; or
        (2) on the Secretary's own initiative for good cause shown.

Sec. 20504. Inspection, testing, and investigation

    (a) Systems in Use.--(1) The Secretary of Transportation may--
        (A) inspect and test a signal system used by a railroad 
    carrier; and
        (B) decide whether the system is in safe operating condition.
    (2) In carrying out this subsection, the Secretary may employ only 
an individual who--
        (A) has no interest in a patented article required to be used 
    on or with a signal system; and
        (B) has no financial interest in a railroad carrier or in a 
    concern dealing in railroad supplies.
    (b) Systems Submitted for Investigation and Testing.--The Secretary 
may investigate, test, and report on the use of and need for a signal 
system, without cost to the United States Government, when the system 
is submitted in completed shape for investigation and testing.

Sec. 20505. Reports of malfunctions and accidents

    In the way and to the extent required by the Secretary of 
Transportation, a railroad carrier shall report to the Secretary a 
failure of a signal system to function as intended. If the failure 
results in an accident or incident causing injury to an individual or 
property that is required to be reported under regulations prescribed 
by the Secretary, the carrier owning or maintaining the signal system 
shall report to the Secretary immediately in writing the fact of the 
accident or incident.

                        CHAPTER 207--LOCOMOTIVES

Sec.
20701.  Requirements for use.
20702.  Inspections, repairs, and inspection and repair reports.
20703.  Accident reports and investigations.

Sec. 20701. Requirements for use

    A railroad carrier may use or allow to be used a locomotive or 
tender on its railroad line only when the locomotive or tender and its 
parts and appurtenances--
        (1) are in proper condition and safe to operate without 
    unnecessary danger of personal injury;
        (2) have been inspected as required under this chapter and 
    regulations prescribed by the Secretary of Transportation under 
    this chapter; and
        (3) can withstand every test prescribed by the Secretary under 
    this chapter.

Sec. 20702. Inspections, repairs, and inspection and repair reports

    (a) General.--The Secretary of Transportation shall--
        (1) become familiar, so far as practicable, with the condition 
    of every locomotive and tender and its parts and appurtenances;
        (2) inspect every locomotive and tender and its parts and 
    appurtenances as necessary to carry out this chapter, but not 
    necessarily at stated times or at regular intervals; and
        (3) ensure that every railroad carrier makes inspections of 
    locomotives and tenders and their parts and appurtenances as 
    required by regulations prescribed by the Secretary and repairs 
    every defect that is disclosed by an inspection before a defective 
    locomotive, tender, part, or appurtenance is used again.
    (b) Noncomplying Locomotives, Tenders, and Parts.--(1) When the 
Secretary finds that a locomotive, tender, or locomotive or tender part 
or appurtenance owned or operated by a railroad carrier does not comply 
with this chapter or a regulation prescribed under this chapter, the 
Secretary shall give the carrier written notice describing any defect 
resulting in noncompliance. Not later than 5 days after receiving the 
notice of noncompliance, the carrier may submit a written request for a 
reinspection. On receiving the request, the Secretary shall provide for 
the reinspection by an officer or employee of the Department of 
Transportation who did not make the original inspection. The 
reinspection shall be made not later than 15 days after the date the 
Secretary gives the notice of noncompliance.
    (2) Immediately after the reinspection is completed, the Secretary 
shall give written notice to the railroad carrier stating whether the 
locomotive, tender, part, or appurtenance is in compliance. If the 
original finding of noncompliance is sustained, the carrier has 30 days 
after receipt of the notice to file an appeal with the Secretary. If 
the carrier files an appeal, the Secretary, after providing an 
opportunity for a proceeding, may revise or set aside the finding of 
noncompliance.
    (3) A locomotive, tender, part, or appurtenance found not in 
compliance under this subsection may be used only after it is--
        (A) repaired to comply with this chapter and regulations 
    prescribed under this chapter; or
        (B) found on reinspection or appeal to be in compliance.
    (c) Reports.--A railroad carrier shall make and keep, in the way 
the Secretary prescribes by regulation, a report of every--
        (1) inspection made under regulations prescribed by the 
    Secretary; and
        (2) repair made of a defect disclosed by such an inspection.
    (d) Changes in Inspection Procedures.--A railroad carrier may 
change a rule or instruction of the carrier governing the inspection by 
the carrier of the locomotives and tenders and locomotive and tender 
parts and appurtenances of the carrier when the Secretary approves a 
request filed by the carrier to make the change.

Sec. 20703. Accident reports and investigations

    (a) Accident Reports and Scene Preservation.--When the failure of a 
locomotive, tender, or locomotive or tender part or appurtenance 
results in an accident or incident causing serious personal injury or 
death, the railroad carrier owning or operating the locomotive or 
tender--
        (1) immediately shall file with the Secretary of Transportation 
    a written statement of the fact of the accident or incident; and
        (2) when the locomotive is disabled to the extent it cannot be 
    operated under its own power, shall preserve intact all parts 
    affected by the accident or incident, if possible without 
    interfering with traffic, until an investigation of the accident or 
    incident is completed.
    (b) Investigations.--The Secretary shall--
        (1) investigate each accident and incident reported under 
    subsection (a) of this section;
        (2) inspect each part affected by the accident or incident; and
        (3) make a complete and detailed report on the cause of the 
    accident or incident.
    (c) Publication and Use of Investigation Reports.--When the 
Secretary considers publication to be in the public interest, the 
Secretary may publish a report of an investigation made under this 
section, stating the cause of the accident or incident and making 
appropriate recommendations. No part of a report may be admitted into 
evidence or used in a civil action for damages resulting from a matter 
mentioned in the report.

                  CHAPTER 209--ACCIDENTS AND INCIDENTS

Sec.
20901.  Reports.
20902.  Investigations.
20903.  Reports not evidence in civil actions for damages.

Sec. 20901. Reports

    (a) General Requirements.--Not later than 30 days after the end of 
each month, a railroad carrier shall file a report with the Secretary 
of Transportation on all accidents and incidents resulting in injury or 
death to an individual or damage to equipment or a roadbed arising from 
the carrier's operations during the month. The report shall be under 
oath and shall state the nature, cause, and circumstances of each 
reported accident or incident. If a railroad carrier assigns human 
error as a cause, the report shall include, at the option of each 
employee whose error is alleged, a statement by the employee explaining 
any factors the employee alleges contributed to the accident or 
incident.
    (b) Monetary Threshold for Reporting.--(1) In establishing or 
changing a monetary threshold for the reporting of a railroad accident 
or incident, the Secretary shall base damage cost calculations only on 
publicly available information obtained from--
        (A) the Bureau of Labor Statistics; or
        (B) another department, agency, or instrumentality of the 
    United States Government if the information has been collected 
    through objective, statistically sound survey methods or has been 
    previously subject to a public notice and comment process in a 
    proceeding of a Government department, agency, or instrumentality.
    (2) If information is not available as provided in paragraph (1)(A) 
or (B) of this subsection, the Secretary may use any other source to 
obtain the information. However, use of the information shall be 
subject to public notice and an opportunity for written comment.

Sec. 20902. Investigations

    (a) General Authority.--The Secretary of Transportation, or an 
impartial investigator authorized by the Secretary, may investigate--
        (1) an accident or incident resulting in serious injury to an 
    individual or to railroad property, occurring on the railroad line 
    of a railroad carrier; and
        (2) an accident or incident reported under section 20505 of 
    this title.
    (b) Other Duties and Powers.--In carrying out an investigation, the 
Secretary or authorized investigator may subpena witnesses, require the 
production of records, exhibits, and other evidence, administer oaths, 
and take testimony. If the accident or incident is investigated by a 
commission of the State in which it occurred, the Secretary, if 
convenient, shall carry out the investigation at the same time as, and 
in coordination with, the commission's investigation. The railroad 
carrier on whose railroad line the accident or incident occurred shall 
provide reasonable facilities to the Secretary for the investigation.
    (c) Reports.--When in the public interest, the Secretary shall make 
a report of the investigation, stating the cause of the accident or 
incident and making recommendations the Secretary considers 
appropriate. The Secretary shall publish the report in a way the 
Secretary considers appropriate.

Sec. 20903. Reports not evidence in civil actions for damages

    No part of an accident or incident report filed by a railroad 
carrier under section 20901 of this title or made by the Secretary of 
Transportation under section 20902 of this title may be used in a civil 
action for damages resulting from a matter mentioned in the report.

                     CHAPTER 211--HOURS OF SERVICE

Sec.
21101.  Definitions.
21102.  Nonapplication and exemption.
21103.  Limitations on duty hours of train employees.
21104.  Limitations on duty hours of signal employees.
21105.  Limitations on duty hours of dispatching service employees.
21106.  Limitations on employee sleeping quarters.
21107.  Maximum duty hours and subjects of collective bargaining.

Sec. 21101. Definitions

    In this chapter--
        (1) ``designated terminal'' means the home or away-from-home 
    terminal for the assignment of a particular crew.
        (2) ``dispatching service employee'' means an operator, train 
    dispatcher, or other train employee who by the use of an electrical 
    or mechanical device dispatches, reports, transmits, receives, or 
    delivers orders related to or affecting train movements.
        (3) ``employee'' means a dispatching service employee, a signal 
    employee, or a train employee.
        (4) ``signal employee'' means an individual employed by a 
    railroad carrier who is engaged in installing, repairing, or 
    maintaining signal systems.
        (5) ``train employee'' means an individual engaged in or 
    connected with the movement of a train, including a hostler.

Sec. 21102. Nonapplication and exemption

    (a) General.--This chapter does not apply to a situation involving 
any of the following:
        (1) a casualty.
        (2) an unavoidable accident.
        (3) an act of God.
        (4) a delay resulting from a cause unknown and unforeseeable to 
    a railroad carrier or its officer or agent in charge of the 
    employee when the employee left a terminal.
    (b) Exemption.--The Secretary of Transportation may exempt a 
railroad carrier having not more than 15 employees covered by this 
chapter from the limitations imposed by this chapter. The Secretary may 
allow the exemption after a full hearing, for good cause shown, and on 
deciding that the exemption is in the public interest and will not 
affect safety adversely. The exemption shall be for a specific period 
of time and is subject to review at least annually. The exemption may 
not authorize a carrier to require or allow its employees to be on duty 
more than a total of 16 hours in a 24-hour period.

Sec. 21103. Limitations on duty hours of train employees

    (a) General.--Except as provided in subsection (c) of this section, 
a railroad carrier and its officers and agents may not require or allow 
a train employee to remain or go on duty--
        (1) unless that employee has had at least 8 consecutive hours 
    off duty during the prior 24 hours; or
        (2) after that employee has been on duty for 12 consecutive 
    hours, until that employee has had at least 10 consecutive hours 
    off duty.
    (b) Determining Time on Duty.--In determining under subsection (a) 
of this section the time a train employee is on or off duty, the 
following rules apply:
        (1) Time on duty begins when the employee reports for duty and 
    ends when the employee is finally released from duty.
        (2) Time the employee is engaged in or connected with the 
    movement of a train is time on duty.
        (3) Time spent performing any other service for the railroad 
    carrier during a 24-hour period in which the employee is engaged in 
    or connected with the movement of a train is time on duty.
        (4) Time spent in deadhead transportation to a duty assignment 
    is time on duty, but time spent in deadhead transportation from a 
    duty assignment to the place of final release is neither time on 
    duty nor time off duty.
        (5) An interim period available for rest at a place other than 
    a designated terminal is time on duty.
        (6) An interim period available for less than 4 hours rest at a 
    designated terminal is time on duty.
        (7) An interim period available for at least 4 hours rest at a 
    place with suitable facilities for food and lodging is not time on 
    duty when the employee is prevented from getting to the employee's 
    designated terminal by any of the following:
            (A) a casualty.
            (B) a track obstruction.
            (C) an act of God.
            (D) a derailment or major equipment failure resulting from 
        a cause that was unknown and unforeseeable to the railroad 
        carrier or its officer or agent in charge of that employee when 
        that employee left the designated terminal.
    (c) Emergencies.--A train employee on the crew of a wreck or relief 
train may be allowed to remain or go on duty for not more than 4 
additional hours in any period of 24 consecutive hours when an 
emergency exists and the work of the crew is related to the emergency. 
In this subsection, an emergency ends when the track is cleared and the 
railroad line is open for traffic.

Sec. 21104. Limitations on duty hours of signal employees

    (a) General.--(1) In paragraph (2)(C) of this subsection, ``24-hour 
period'' means the period beginning when a signal employee reports for 
duty immediately after 8 consecutive hours off duty or, when required 
under paragraph (2)(B) of this subsection, after 10 consecutive hours 
off duty.
    (2) Except as provided in subsection (c) of this section, a 
railroad carrier and its officers and agents may not require or allow a 
signal employee to remain or go on duty--
        (A) unless that employee has had at least 8 consecutive hours 
    off duty during the prior 24 hours;
        (B) after that employee has been on duty for 12 consecutive 
    hours, until that employee has had at least 10 consecutive hours 
    off duty; or
        (C) after that employee has been on duty a total of 12 hours 
    during a 24-hour period, or after the end of that 24-hour period, 
    whichever occurs first, until that employee has had at least 8 
    consecutive hours off duty.
    (b) Determining Time on Duty.--In determining under subsection (a) 
of this section the time a signal employee is on duty or off duty, the 
following rules apply:
        (1) Time on duty begins when the employee reports for duty and 
    ends when the employee is finally released from duty.
        (2) Time spent performing any other service for the railroad 
    carrier during a 24-hour period in which the employee is engaged in 
    installing, repairing, or maintaining signal systems is time on 
    duty.
        (3) Time spent returning from a trouble call, whether the 
    employee goes directly to the employee's residence or by way of the 
    employee's headquarters, is neither time on duty nor time off duty, 
    except that up to one hour of that time spent returning from the 
    final trouble call of a period of continuous or broken service is 
    time off duty.
        (4) If, at the end of scheduled duty hours, an employee has not 
    completed the trip from the final outlying worksite of the duty 
    period to the employee's headquarters or directly to the employee's 
    residence, the time after the scheduled duty hours necessarily 
    spent in completing the trip to the residence or headquarters is 
    neither time on duty nor time off duty.
        (5) If an employee is released from duty at an outlying 
    worksite before the end of the employee's scheduled duty hours to 
    comply with this section, the time necessary for the trip from the 
    worksite to the employee's headquarters or directly to the 
    employee's residence is neither time on duty nor time off duty.
        (6) Time spent in transportation on an ontrack vehicle, 
    including time referred to in paragraphs (3)-(5) of this 
    subsection, is time on duty.
        (7) A regularly scheduled meal period or another release period 
    of at least 30 minutes but not more than one hour is time off duty 
    and does not break the continuity of service of the employee under 
    this section, but a release period of more than one hour is time 
    off duty and does break the continuity of service.
    (c) Emergencies.--A signal employee may be allowed to remain or go 
on duty for not more than 4 additional hours in any period of 24 
consecutive hours when an emergency exists and the work of that 
employee is related to the emergency. In this subsection, an emergency 
ends when the signal system is restored to service.

Sec. 21105. Limitations on duty hours of dispatching service employees

    (a) Application.--This section applies, rather than section 21103 
or 21104 of this title, to a train employee or signal employee during 
any period of time the employee is performing duties of a dispatching 
service employee.
    (b) General.--Except as provided in subsection (d) of this section, 
a dispatching service employee may not be required or allowed to remain 
or go on duty for more than--
        (1) a total of 9 hours during a 24-hour period in a tower, 
    office, station, or place at which at least 2 shifts are employed; 
    or
        (2) a total of 12 hours during a 24-hour period in a tower, 
    office, station, or place at which only one shift is employed.
    (c) Determining Time on Duty.--Under subsection (b) of this 
section, time spent performing any other service for the railroad 
carrier during a 24-hour period in which the employee is on duty in a 
tower, office, station, or other place is time on duty in that tower, 
office, station, or place.
    (d) Emergencies.--When an emergency exists, a dispatching service 
employee may be allowed to remain or go on duty for not more than 4 
additional hours during a period of 24 consecutive hours for not more 
than 3 days during a period of 7 consecutive days.

Sec. 21106. Limitations on employee sleeping quarters

    A railroad carrier and its officers and agents--
        (1) may provide sleeping quarters (including crew quarters, 
    camp or bunk cars, and trailers) for employees, and any individuals 
    employed to maintain the right of way of a railroad carrier, only 
    if the sleeping quarters are clean, safe, and sanitary and give 
    those employees and individuals an opportunity for rest free from 
    the interruptions caused by noise under the control of the carrier; 
    and
        (2) may not begin, after July 7, 1976, construction or 
    reconstruction of sleeping quarters referred to in clause (1) of 
    this section in an area or in the immediate vicinity of an area, as 
    determined under regulations prescribed by the Secretary of 
    Transportation, in which railroad switching or humping operations 
    are performed.

Sec. 21107. Maximum duty hours and subjects of collective bargaining

    The number of hours established by this chapter that an employee 
may be required or allowed to be on duty is the maximum number of hours 
consistent with safety. Shorter hours of service and time on duty of an 
employee are proper subjects for collective bargaining between a 
railroad carrier and its employees.

                         CHAPTER 213--PENALTIES

                      SUBCHAPTER I--CIVIL PENALTIES

Sec.
21301.  Chapter 201 general violations.
21302.  Chapter 201 accident and incident violations and chapter 203-209 
          violations.
21303.  Chapter 211 violations.
21304.  Willfulness requirement for penalties against individuals.

                    SUBCHAPTER II--CRIMINAL PENALTIES

21311.  Records and reports.

                     SUBCHAPTER I--CIVIL PENALTIES

Sec. 21301. Chapter 201 general violations

    (a) Penalty.--(1) Subject to section 21304 of this title, a person 
violating a regulation prescribed or order issued by the Secretary of 
Transportation under chapter 201 of this title is liable to the United 
States Government for a civil penalty. The Secretary shall impose the 
penalty applicable under paragraph (2) of this subsection. A separate 
violation occurs for each day the violation continues.
    (2) The Secretary shall include in, or make applicable to, each 
regulation prescribed and order issued under chapter 201 of this title 
a civil penalty for a violation. The amount of the penalty shall be at 
least $500 but not more than $10,000. However, when a grossly negligent 
violation or a pattern of repeated violations has caused an imminent 
hazard of death or injury to individuals, or has caused death or 
injury, the amount may be not more than $20,000.
    (3) The Secretary may compromise the amount of a civil penalty 
imposed under this subsection to not less than $500 before referring 
the matter to the Attorney General for collection. In determining the 
amount of a compromise, the Secretary shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, 
    any history of violations, the ability to pay, and any effect on 
    the ability to continue to do business; and
        (C) other matters that justice requires.
    (b) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts it owes 
the person liable for the penalty.
    (c) Deposit in Treasury.--A civil penalty collected under this 
section or section 20113(b) of this title shall be deposited in the 
Treasury as miscellaneous receipts.

Sec. 21302. Chapter 201 accident and incident violations and chapter 
            203-209 violations

    (a) Penalty.--(1) Subject to section 21304 of this title, a person 
violating a regulation prescribed or order issued under chapter 201 of 
this title related to accident and incident reporting or investigation, 
or violating chapters 203-209 of this title or a regulation or 
requirement prescribed or order issued under chapters 203-209, is 
liable to the United States Government for a civil penalty. An act by 
an individual that causes a railroad carrier to be in violation is a 
violation. A separate violation occurs for each day the violation 
continues.
    (2) The Secretary of Transportation imposes a civil penalty under 
this subsection. The amount of the penalty shall be at least $500 but 
not more than $10,000. However, when a grossly negligent violation or a 
pattern of repeated violations has caused an imminent hazard of death 
or injury to individuals, or has caused death or injury, the amount may 
be not more than $20,000.
    (3) The Secretary may compromise the amount of the civil penalty 
under section 3711 of title 31. In determining the amount of a 
compromise, the Secretary shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, 
    any history of violations, the ability to pay, and any effect on 
    the ability to continue to do business; and
        (C) other matters that justice requires.
    (4) If the Secretary does not compromise the amount of the civil 
penalty, the Secretary shall refer the matter to the Attorney General 
for collection.
    (b) Civil Actions To Collect.--The Attorney General shall bring a 
civil action in a district court of the United States to collect a 
civil penalty that is referred to the Attorney General for collection 
under subsection (a) of this section. The action may be brought in the 
judicial district in which the violation occurred or the defendant has 
its principal executive office. If the action is against an individual, 
the action also may be brought in the judicial district in which the 
individual resides.

Sec. 21303. Chapter 211 violations

    (a) Penalty.--(1) Subject to section 21304 of this title, a person 
violating chapter 211 of this title is liable to the United States 
Government for a civil penalty. An act by an individual that causes a 
railroad carrier to be in violation is a violation. For a violation of 
section 21106 of this title, a separate violation occurs for each day a 
facility is not in compliance.
    (2) The Secretary of Transportation imposes a civil penalty under 
this subsection. The amount of the penalty shall be at least $500 but 
not more than $10,000. However, when a grossly negligent violation or a 
pattern of repeated violations has caused an imminent hazard of death 
or injury to individuals, or has caused death or injury, the amount may 
be not more than $20,000.
    (3) The Secretary may compromise the amount of the civil penalty 
under section 3711 of title 31. In determining the amount of a 
compromise, the Secretary shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, 
    any history of violations, the ability to pay, and any effect on 
    the ability to continue to do business; and
        (C) other matters that justice requires.
    (4) If the Secretary does not compromise the amount of the civil 
penalty, the Secretary shall refer the matter to the Attorney General 
for collection.
    (b) Civil Actions To Collect.--(1) The Attorney General shall bring 
a civil action in a district court of the United States to collect a 
civil penalty that is referred to the Attorney General for collection 
under subsection (a) of this section after satisfactory information is 
presented to the Attorney General. The action may be brought in the 
judicial district in which the violation occurred or the defendant has 
its principal executive office. If the action is against an individual, 
the action also may be brought in the judicial district in which the 
individual resides.
    (2) A civil action under this subsection must be brought not later 
than 2 years after the date of the violation unless administrative 
notification under section 3711 of title 31 is given within that 2-year 
period to the person committing the violation. However, even if 
notification is given, the action must be brought within the period 
specified in section 2462 of title 28.
    (c) Imputation of Knowledge.--In any proceeding under this section, 
a railroad carrier is deemed to know the acts of its officers and 
agents.

Sec. 21304. Willfulness requirement for penalties against individuals

    A civil penalty under this subchapter may be imposed against an 
individual only for a willful violation. An individual is deemed not to 
have committed a willful violation if the individual was following the 
direct order of a railroad carrier official or supervisor under protest 
communicated to the official or supervisor. The individual is entitled 
to document the protest.

                   SUBCHAPTER II--CRIMINAL PENALTIES

Sec. 21311. Records and reports

    (a) Records and Reports Under Chapter 201.--A person shall be fined 
under title 18, imprisoned for not more than 2 years, or both, if the 
person knowingly and willfully--
        (1) makes a false entry in a record or report required to be 
    made or preserved under chapter 201 of this title;
        (2) destroys, mutilates, changes, or by another means falsifies 
    such a record or report;
        (3) does not enter required specified facts and transactions in 
    such a record or report;
        (4) makes or preserves such a record or report in violation of 
    a regulation prescribed or order issued under chapter 201 of this 
    title; or
        (5) files a false record or report with the Secretary of 
    Transportation.
    (b) Accident and Incident Reports.--A railroad carrier not filing 
the report required by section 20901 of this title shall be fined not 
more than $500 for each violation and not more than $500 for each day 
during which the report is overdue.

                           PART B--ASSISTANCE

               CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE

Sec.
22101.  Financial assistance for State projects.
22102.  Eligibility.
22103.  Applications.
22104.  State rail plan financing.
22105.  Sharing project costs.
22106.  Limitations on financial assistance.
22107.  Records, audits, and information.
22108.  Authorization of appropriations.

Sec. 22101. Financial assistance for State projects

    (a) General.--The Secretary of Transportation shall provide 
financial assistance to a State, as provided under this chapter, for a 
rail freight assistance project of the State when a rail carrier 
subject to subchapter I of chapter 105 of this title maintains a rail 
line in the State. The assistance is for the cost of--
        (1) acquiring, in any way the State considers appropriate, an 
    interest in a rail line or rail property to maintain existing, or 
    to provide future, rail freight transportation, but only if the 
    Interstate Commerce Commission has authorized, or exempted from the 
    requirements of that authorization, the abandonment of, or the 
    discontinuance of rail transportation on, the rail line related to 
    the project;
        (2) improving and rehabilitating rail property on a rail line 
    to the extent necessary to allow adequate and efficient rail 
    freight transportation on the line, but only if the rail carrier 
    certifies that the rail line related to the project carried not 
    more than 5,000,000 gross ton-miles of freight a mile in the prior 
    year; and
        (3) building rail or rail-related facilities (including new 
    connections between at least 2 existing rail lines, intermodal 
    freight terminals, sidings, bridges, and relocation of existing 
    lines) to improve the quality and efficiency of the rail freight 
    transportation, but only if the rail carrier certifies that the 
    rail line related to the project carried not more than 5,000,000 
    gross ton-miles of freight a mile in the prior year.
    (b) Calculating Cost-Benefit Ratio.--The Secretary shall establish 
a methodology for calculating the ratio of benefits to costs of 
projects proposed under this chapter. In establishing the methodology, 
the Secretary shall consider the need for equitable treatment of 
different regions of the United States and different commodities 
transported by rail. The establishment of the methodology is committed 
to the discretion of the Secretary.
    (c) Conditions.--(1) Assistance for a project shall be provided 
under this chapter only if--
        (A) a rail carrier certifies that the rail line related to the 
    project carried more than 20 carloads a mile during the most recent 
    year during which transportation was provided by the carrier on the 
    line; and
        (B) the ratio of benefits to costs for the project, as 
    calculated using the methodology established under subsection (b) 
    of this section, is more than 1.0.
    (2) If the rail carrier that provided the transportation on the 
rail line is no longer in existence, the applicant for the project 
shall provide the information required by the certification under 
paragraph (1)(A) of this subsection in the way the Secretary 
prescribes.
    (3) The Secretary may waive the requirement of paragraph (1)(A) or 
(2) of this subsection if the Secretary--
        (A) decides that the rail line has contractual guarantees of at 
    least 40 carloads a mile for each of the first 2 years of operation 
    of the proposed project; and
        (B) finds that there is a reasonable expectation that the 
    contractual guarantees will be fulfilled.
    (d) Limitations on Amounts.--A State may not receive more than 15 
percent of the amounts provided in a fiscal year under this chapter. 
Not more than 20 percent of the amounts available under this chapter 
may be provided in a fiscal year for any one project.

Sec. 22102. Eligibility

    A State is eligible to receive financial assistance under this 
chapter only when the State complies with regulations the Secretary of 
Transportation prescribes under this chapter and the Secretary decides 
that--
        (1) the State has an adequate plan for rail transportation in 
    the State and a suitable process for updating, revising, and 
    modifying the plan;
        (2) the State plan is administered or coordinated by a 
    designated State authority and provides for a fair distribution of 
    resources;
        (3) the State authority--
            (A) is authorized to develop, promote, supervise, and 
        support safe, adequate, and efficient rail transportation;
            (B) employs or will employ sufficient qualified and trained 
        personnel;
            (C) maintains or will maintain adequate programs of 
        investigation, research, promotion, and development with 
        opportunity for public participation; and
            (D) is designated and directed to take all practicable 
        steps (by itself or with other State authorities) to improve 
        rail transportation safety and reduce energy use and pollution 
        related to transportation; and
        (4) the State has ensured that it maintains or will maintain 
    adequate procedures for financial control, accounting, and 
    performance evaluation for the proper use of assistance provided by 
    the United States Government.

Sec. 22103. Applications

    (a) Filing.--A State must file an application with the Secretary of 
Transportation for financial assistance for a project described under 
section 22101(a) of this title not later than January 1 of the fiscal 
year for which amounts have been appropriated. However, for a fiscal 
year for which the authorization of appropriations for assistance under 
this chapter has not been enacted by the first day of the fiscal year, 
the State must file the application not later than 90 days after the 
date of enactment of a law authorizing the appropriations for that 
fiscal year. The Secretary shall prescribe the form of the application.
    (b) Considerations.--In considering an application under this 
subsection, the Secretary shall consider the following:
        (1) the percentage of rail lines that rail carriers have 
    identified to the Interstate Commerce Commission for abandonment or 
    potential abandonment in the State.
        (2) the likelihood of future abandonments in the State.
        (3) the ratio of benefits to costs for a proposed project 
    calculated using the methodology established under section 22101(b) 
    of this title.
        (4) the likelihood that the rail line will continue operating 
    with assistance.
        (5) the impact of rail bankruptcies, rail restructuring, and 
    rail mergers on the State.

Sec. 22104. State rail plan financing

    (a) Entitlement and Uses.--On the first day of each fiscal year, 
each State is entitled to $36,000 of the amounts made available under 
section 22108 of this title during that fiscal year to be used--
        (1) to establish, update, revise, and modify the State plan 
    required by section 22102 of this title; or
        (2) to carry out projects described in section 22101(a)(1), 
    (2), or (3) of this title, as designated by the State, if those 
    projects meet the requirements of section 22101(c)(1)(B) of this 
    title.
    (b) Applications.--Each State must apply for amounts under this 
section not later than the first day of the fiscal year for which the 
amounts are available. However, for any fiscal year for which the 
authorization of appropriations for financial assistance under this 
chapter has not been enacted by the first day of the fiscal year, the 
State must apply for amounts under this section not later than 60 days 
after the date of enactment of a law authorizing the appropriations for 
that fiscal year. Not later than 60 days after receiving an 
application, the Secretary of Transportation shall consider the 
application and notify the State of the approval or disapproval of the 
application.
    (c) Availability of Amounts.--Amounts provided under this section 
remain available to a State for obligation for the first 3 months after 
the end of the fiscal year for which the amounts were made available. 
Amounts not applied for under this section or that remain unobligated 
after the first 3 months after the end of the fiscal year for which the 
amounts were made available are available to the Secretary for projects 
meeting the requirements of this chapter.

Sec. 22105. Sharing project costs

    (a) General.--(1) The United States Government's share of the costs 
of financial assistance for a project under this chapter is 50 percent, 
except that for assistance provided under section 22101(a)(2) of this 
title, the Government's share is 70 percent. The State may pay its 
share of the costs in cash or through the following benefits, to the 
extent that the benefits otherwise would not be provided:
        (A) forgiveness of taxes imposed on a rail carrier or its 
    property.
        (B) real and tangible personal property (provided by the State 
    or a person for the State) necessary for the safe and efficient 
    operation of rail freight transportation.
        (C) track rights secured by the State for a rail carrier.
        (D) the cash equivalent of State salaries for State employees 
    working on the State project, except overhead and general 
    administrative costs.
    (2) A State may pay more than its required percentage share of the 
costs of a project under this chapter. When a State, or a person acting 
for a State, pays more than the State share of the costs of its 
projects during a fiscal year, the excess amount shall be applied to 
the State share for the costs of the State projects for later fiscal 
years.
    (b) Agreements To Combine Amounts.--States may agree to combine any 
part of the amounts made available under this chapter to carry out a 
project that is eligible for assistance under this chapter when--
        (1) the project will benefit each State making the agreement; 
    and
        (2) the agreement is not a violation of State law.

Sec. 22106. Limitations on financial assistance

    (a) Grants and Loans.--A State shall use financial assistance for 
projects under this chapter to make a grant or lend money to the owner 
of rail property, or a rail carrier providing rail transportation, 
related to a project being assisted. The State shall decide on the 
financial terms of the grant or loan, except that the time for making 
grant advances shall comply with regulations of the Secretary of the 
Treasury.
    (b) Holding and Use of Government's Share.--The State shall place 
the United States Government's share of money that is repaid in an 
interest-bearing account. However, the Secretary of Transportation may 
allow a borrower to place that money, for the benefit of the State, in 
a bank designated by the Secretary of the Treasury under section 10 of 
the Act of June 11, 1942 (12 U.S.C. 265). The State shall use the money 
and accumulated interest to make other grants and loans under this 
chapter.
    (c) Payment of Unused Money and Accumulated Interest.--The State 
may pay the Secretary of Transportation the Government's share of 
unused money and accumulated interest at any time. However, the State 
must pay the unused money and accumulated interest to the Secretary 
when the State ends its participation under this chapter.
    (d) Encouraging Participation.--To the maximum extent possible, the 
State shall encourage the participation of shippers, rail carriers, and 
local communities in paying the State share of assistance costs.
    (e) Retention of Contingent Interest.--Each State shall retain a 
contingent interest (redeemable preference shares) for the Government's 
share of amounts in a rail line receiving assistance under this 
chapter. The State may collect its share of the amounts used for the 
rail line if--
        (1) an application for abandonment of the rail line is filed 
    under chapter 109 of this title; or
        (2) the rail line is sold or disposed of after it has received 
    assistance under this chapter.

Sec. 22107. Records, audits, and information

    (a) Records.--Each recipient of financial assistance through an 
arrangement under this chapter shall keep records required by the 
Secretary of Transportation. The records shall be kept for 3 years 
after a project is completed and shall disclose--
        (1) the amount of, and disposition by the recipient, of the 
    assistance;
        (2) the total costs of the project for which the assistance was 
    given or used;
        (3) the amount of that part of the costs of the project paid by 
    other sources; and
        (4) any other records that will make an effective audit easier.
    (b) Audits.--The Secretary and the Comptroller General shall make 
regular financial and performance audits, as provided under chapter 75 
of title 31, of activities and transactions assisted under this 
chapter.
    (c) Information.--The Interstate Commerce Commission shall provide 
the Secretary with information the Secretary requests to assist in 
carrying out this chapter. The Commission shall provide the information 
not later than 30 days after receiving a request from the Secretary.
    (d) List of Rail Lines.--Not later than August 1 of each year, each 
rail carrier subject to subchapter I of chapter 105 of this title shall 
submit to the Secretary a list of the rail lines of the carrier that 
carried not more than 5,000,000 gross ton-miles of freight a mile in 
the prior year.

Sec. 22108. Authorization of appropriations

    (a) General.--(1) Not more than the following amounts may be 
appropriated to the Secretary of Transportation to carry out this 
chapter:
        (A) $25,000,000 for the fiscal year ending September 30, 1993.
        (B) $30,000,000 for the fiscal year ending September 30, 1994.
    (2) Amounts appropriated under paragraph (1) of this subsection 
remain available until expended.
    (3) No amount may be appropriated to the Secretary for any period 
after September 30, 1994, to carry out this chapter.
    (b) Distribution of Amounts.--The Secretary shall establish 
procedures necessary to ensure that amounts available to the Secretary 
for projects under this chapter are distributed not later than April 1 
of the fiscal year for which the amounts are appropriated. If any 
amounts are not distributed by April 1, the Secretary shall report to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate on the status of those amounts and the reasons for the delay in 
distribution.
    (c) Availability of Other Amounts.--Amounts appropriated to carry 
out section 5(i) of the Department of Transportation Act for fiscal 
year 1990 that are not applied for or that remain unobligated on 
January 1, 1991, are available to the Secretary for projects under this 
chapter.

                    PART C--PASSENGER TRANSPORTATION

                          CHAPTER 241--GENERAL

Sec.
24101.  Findings, purpose, and goals.
24102.  Definitions.
24103.  Enforcement.
24104.  Authorization of appropriations.

Sec. 24101. Findings, purpose, and goals

    (a) Findings.--(1) Public convenience and necessity require that 
Amtrak, to the extent its budget allows, provide modern, cost-
efficient, and energy-efficient intercity rail passenger transportation 
between crowded urban areas and in other areas of the United States.
    (2) Rail passenger transportation can help alleviate overcrowding 
of airways and airports and on highways.
    (3) A traveler in the United States should have the greatest 
possible choice of transportation most convenient to the needs of the 
traveler.
    (4) A greater degree of cooperation is necessary among Amtrak, 
other rail carriers, State, regional, and local governments, the 
private sector, labor organizations, and suppliers of services and 
equipment to Amtrak to achieve a performance level sufficient to 
justify expending public money.
    (5) Modern and efficient commuter rail passenger transportation is 
important to the viability and well-being of major urban areas and to 
the energy conservation and self-sufficiency goals of the United 
States.
    (6) As a rail passenger transportation entity, Amtrak should be 
available to operate commuter rail passenger transportation through its 
subsidiary, Amtrak Commuter, under contract with commuter authorities 
that do not provide the transportation themselves as part of the 
governmental function of the State.
    (7) The Northeast Corridor is a valuable resource of the United 
States used by intercity and commuter rail passenger transportation and 
freight transportation.
    (8) Greater coordination between intercity and commuter rail 
passenger transportation is required.
    (b) Purpose.--By using innovative operating and marketing concepts, 
Amtrak shall provide intercity and commuter rail passenger 
transportation that completely develops the potential of modern rail 
transportation to meet the intercity and commuter passenger 
transportation needs of the United States.
    (c) Goals.--Amtrak shall--
        (1) use its best business judgment in acting to minimize United 
    States Government subsidies, including--
            (A) increasing fares;
            (B) increasing revenue from the transportation of mail and 
        express;
            (C) reducing losses on food service;
            (D) improving its contracts with operating rail carriers;
            (E) reducing management costs; and
            (F) increasing employee productivity;
        (2) minimize Government subsidies by encouraging State, 
    regional, and local governments and the private sector to share the 
    cost of providing rail passenger transportation, including the cost 
    of operating facilities;
        (3) carry out strategies to achieve immediately maximum 
    productivity and efficiency consistent with safe and efficient 
    transportation;
        (4) operate Amtrak trains, to the maximum extent feasible, to 
    all station stops within 15 minutes of the time established in 
    public timetables;
        (5) develop transportation on rail corridors subsidized by 
    States and private parties;
        (6) implement schedules based on a systemwide average speed of 
    at least 60 miles an hour that can be achieved with a degree of 
    reliability and passenger comfort;
        (7) encourage rail carriers to assist in improving intercity 
    rail passenger transportation;
        (8) improve generally the performance of Amtrak through 
    comprehensive and systematic operational programs and employee 
    incentives;
        (9) carry out policies that ensure equitable access to the 
    Northeast Corridor by intercity and commuter rail passenger 
    transportation;
        (10) coordinate the uses of the Northeast Corridor, 
    particularly intercity and commuter rail passenger transportation; 
    and
        (11) maximize the use of its resources, including the most 
    cost-effective use of employees, facilities, and real property.
    (d) Minimizing Government Subsidies.--To carry out subsection 
(c)(11) of this section, Amtrak is encouraged to make agreements with 
the private sector and undertake initiatives that are consistent with 
good business judgment and designed to maximize its revenues and 
minimize Government subsidies.

Sec. 24102. Definitions

    In this part--
        (1) ``auto-ferry transportation'' means intercity rail 
    passenger transportation--
            (A) of automobiles or recreational vehicles and their 
        occupants; and
            (B) when space is available, of used unoccupied vehicles.
        (2) ``avoidable loss'' means the avoidable costs of providing 
    rail passenger transportation, less revenue attributable to the 
    transportation, as determined by the Interstate Commerce Commission 
    under section 553 of title 5.
        (3) ``basic system'' means the system of intercity rail 
    passenger transportation designated by the Secretary of 
    Transportation under section 4 of the Amtrak Improvement Act of 
    1978 and approved by Congress, and transportation required to be 
    provided under section 24705(a) of this title and section 4(g) of 
    the Act, including changes in the system or transportation that 
    Amtrak makes using the route and service criteria.
        (4) ``commuter authority'' means a State, local, or regional 
    entity established to provide, or make a contract providing for, 
    commuter rail passenger transportation.
        (5) ``commuter rail passenger transportation'' means short-haul 
    rail passenger transportation in metropolitan and suburban areas 
    usually having reduced fare, multiple-ride, and commuter tickets 
    and morning and evening peak period operations.
        (6) ``intercity rail passenger transportation'' means rail 
    passenger transportation, except commuter rail passenger 
    transportation.
        (7) ``Northeast Corridor'' means Connecticut, Delaware, the 
    District of Columbia, Maryland, Massachusetts, New Jersey, New 
    York, Pennsylvania, and Rhode Island.
        (8) ``rail carrier'' means a person providing rail 
    transportation for compensation.
        (9) ``rate'' means a rate, fare, or charge for rail 
    transportation.
        (10) ``regional transportation authority'' means an entity 
    established to provide passenger transportation in a region.
        (11) ``route and service criteria'' means the criteria and 
    procedures for making route and service decisions established under 
    section 404(c)(1)-(3)(A) of the Rail Passenger Service Act.

Sec. 24103. Enforcement

    (a) General.--(1) Except as provided in paragraph (2) of this 
subsection, only the Attorney General may bring a civil action for 
equitable relief in a district court of the United States when Amtrak 
or a rail carrier--
        (A) engages in or adheres to an action, practice, or policy 
    inconsistent with this part;
        (B) obstructs or interferes with an activity authorized under 
    this part;
        (C) refuses, fails, or neglects to discharge its duties and 
    responsibilities under this part; or
        (D) threatens--
            (i) to engage in or adhere to an action, practice, or 
        policy inconsistent with this part;
            (ii) to obstruct or interfere with an activity authorized 
        by this part; or
            (iii) to refuse, fail, or neglect to discharge its duties 
        and responsibilities under this part.
    (2) An employee affected by any conduct or threat referred to in 
paragraph (1) of this subsection, or an authorized employee 
representative, may bring the civil action if the conduct or threat 
involves a labor agreement.
    (b) Review of Discontinuance or Reduction.--A discontinuance of a 
route, a train, or transportation, or a reduction in the frequency of 
transportation, by Amtrak is reviewable only in a civil action for 
equitable relief brought by the Attorney General.
    (c) Venue.--Except as otherwise prohibited by law, a civil action 
under this section may be brought in the judicial district in which 
Amtrak or the rail carrier resides or is found.

Sec. 24104. Authorization of appropriations

    (a) Capital Acquisition and Corridor Development.--(1) Not more 
than $250,000,000 may be appropriated to the Secretary of 
Transportation for each of the fiscal years ending September 30, 1993, 
and September 30, 1994, for the benefit of Amtrak to make capital 
expenditures under chapters 243-247 of this title.
    (2) In addition to amounts that may be appropriated under section 
24909 of this title, not more than the following amounts may be 
appropriated to the Secretary for the benefit of Amtrak to make capital 
expenditures under chapter 249 of this title:
        (A) $220,000,000 for the fiscal year ending September 30, 1993.
        (B) $250,000,000 for the fiscal year ending September 30, 1994.
    (3)(A) Not more than 15 percent of each of the amounts appropriated 
under paragraphs (1) and (2) of this subsection is available for 
transportation described in subparagraphs (B) and (C) of this 
paragraph.
    (B) Amounts made available under subparagraph (A) of this paragraph 
shall be used to develop new intercity rail passenger transportation on 
corridors between cities undergoing significant population growth and 
in which the transportation reasonably can be expected to provide 
travel times comparable with other surface transportation modes. An 
amount may be expended for the transportation only if a State requests 
the transportation and the State and Amtrak agree that--
        (i) Amtrak will pay at least 90 percent of the cost of 
    acquiring rolling stock for the transportation; and
        (ii) the State will pay at least 90 percent of the cost of 
    improving the right of way, including track structure, signal 
    systems, passenger station facilities, highway and pedestrian grade 
    crossings, and other safety equipment and facilities.
    (C) Amounts made available under subparagraph (A) of this paragraph 
shall be used to begin new long distance intercity rail passenger 
transportation. An amount may be expended for the transportation only 
if a State requests the transportation and the State and Amtrak agree 
that--
        (i) Amtrak will pay at least 75 percent of the cost of 
    acquiring rolling stock for the transportation; and
        (ii) the State will pay at least 90 percent of the cost of 
    improving the right of way, including track structure, signal 
    systems, passenger station facilities, highway and pedestrian grade 
    crossings, and other safety equipment and facilities.
    (D) Section 24704 of this title applies to the operating expenses 
of transportation described in subparagraphs (B) and (C) of this 
paragraph.
    (b) Operating Expenses.--(1) Not more than $381,000,000 may be 
appropriated to the Secretary for each of the fiscal years ending 
September 30, 1993, and September 30, 1994, for the benefit of Amtrak 
for operating expenses. Not more than 5 percent of the amounts 
appropriated for each fiscal year shall be used to pay operating 
expenses under section 24704 of this title for transportation in 
operation on September 30, 1992.
    (2)(A) Not more than the following amounts may be appropriated to 
the Secretary for the benefit of Amtrak for operating losses under 
section 24704 of this title for transportation beginning after 
September 30, 1992:
        (i) $7,500,000 for the fiscal year ending September 30, 1993.
        (ii) $9,500,000 for the fiscal year ending September 30, 1994.
    (B) The expenditure by Amtrak of an amount appropriated under 
subparagraph (A) of this paragraph is deemed not to be an operating 
expense when calculating the revenue-to-operating expense ratio of 
Amtrak.
    (c) Mandatory Payments.--(1) Not more than $150,000,000 for the 
fiscal year ending September 30, 1993, and amounts that may be 
necessary for the fiscal year ending September 30, 1994, may be 
appropriated to the Secretary to pay--
        (A) tax liabilities under section 3221 of the Internal Revenue 
    Code of 1986 (26 U.S.C. 3221) due in those fiscal years that are 
    more than the amount needed for benefits for individuals who retire 
    from Amtrak and for their beneficiaries;
        (B) obligations of Amtrak under section 8(a) of the Railroad 
    Unemployment Insurance Act (45 U.S.C. 358(a)) due in those fiscal 
    years that are more than obligations of Amtrak calculated on an 
    experience-related basis; and
        (C) obligations of Amtrak due under section 3321 of the Code 
    (26 U.S.C. 3321).
    (2) Amounts appropriated under this subsection are not a United 
States Government subsidy of Amtrak.
    (d) Payment to Amtrak.--Amounts appropriated under this section 
shall be paid to Amtrak under the budget request of the Secretary as 
approved or modified by Congress when the amounts are appropriated. A 
payment may not be made more frequently than once every 90 days, unless 
Amtrak, for good cause, requests more frequent payment before a 90-day 
period ends. In each fiscal year in which amounts are authorized to be 
appropriated under this section, amounts appropriated shall be paid to 
Amtrak as follows:
        (1) 50 percent on October 1.
        (2) 25 percent on January 1.
        (3) 25 percent on April 1.
    (e) Availability of Amounts and Early Appropriations.--(1) Amounts 
appropriated under this section remain available until expended.
    (2) Amounts for capital acquisitions and improvements may be 
appropriated in a fiscal year before the fiscal year in which the 
amounts will be obligated.
    (f) Limitations on Use.--Amounts appropriated under this section 
may not be used to subsidize operating losses of commuter rail 
passenger or rail freight transportation.

                          CHAPTER 243--AMTRAK

Sec.
24301.  Status and applicable laws.
24302.  Board of directors.
24303.  Officers.
24304.  Capitalization.
24305.  General authority.
24306.  Mail, express, and auto-ferry transportation.
24307.  Special transportation.
24308.  Use of facilities and providing services to Amtrak.
24309.  Retaining and maintaining facilities.
24310.  Assistance for upgrading facilities.
24311.  Acquiring interests in property by eminent domain.
24312.  Labor standards.
24313.  Rail safety system program.
24314.  Demonstration of new technology.
24315.  Reports and audits.

Sec. 24301. Status and applicable laws

    (a) Status.--Amtrak--
        (1) is a rail carrier under section 10102 of this title;
        (2) shall be operated and managed as a for-profit corporation; 
    and
        (3) is not a department, agency, or instrumentality of the 
    United States Government.
    (b) Principal Office and Place of Business.--The principal office 
and place of business of Amtrak are in the District of Columbia. Amtrak 
is qualified to do business in each State in which Amtrak carries out 
an activity authorized under this part. Amtrak shall accept service of 
process by certified mail addressed to the secretary of Amtrak at its 
principal office and place of business. Amtrak is a citizen only of the 
District of Columbia when deciding original jurisdiction of the 
district courts of the United States in a civil action.
    (c) Application of Subtitle IV.--(1) Subtitle IV of this title 
applies to Amtrak, except for provisions related to the--
        (A) regulation of rates;
        (B) abandonment or extension of rail lines used only for 
    passenger transportation and the abandonment or extension of 
    operations over those lines;
        (C) regulation of routes and service;
        (D) discontinuance or change of rail passenger transportation 
    operations; and
        (E) issuance of securities or the assumption of an obligation 
    or liability related to the securities of others.
    (2) Notwithstanding this subsection--
        (A) sections 10721-10724 of this title apply to Amtrak; and
        (B) on application of an adversely affected motor carrier, the 
    Interstate Commerce Commission under any provision of subtitle IV 
    of this title applicable to a carrier subject to subchapter I of 
    chapter 105 of this title may hear a complaint about an unfair or 
    predatory rate or marketing practice of Amtrak for a route or 
    service operating at a loss.
    (d) Application of Safety and Employee Relations Laws and 
Regulations.--Laws and regulations governing safety, employee 
representation for collective bargaining purposes, the handling of 
disputes between carriers and employees, employee retirement, annuity, 
and unemployment systems, and other dealings with employees that apply 
to a common carrier subject to subchapter I of chapter 105 of this 
title apply to Amtrak.
    (e) Application of Certain Additional Laws.--Section 552 of title 
5, this part, and, to the extent consistent with this part, the 
District of Columbia Business Corporation Act (D.C. Code Sec. 29-301 et 
seq.) apply to Amtrak.
    (f) Laws Governing Leases and Contracts.--The laws of the District 
of Columbia govern leases and contracts of Amtrak, regardless of where 
they are executed.
    (g) Nonapplication of Rate, Route, and Service Laws.--A State or 
other law related to rates, routes, or service does not apply to Amtrak 
in connection with rail passenger transportation.
    (h) Nonapplication of Pay Period Laws.--A State or local law 
related to pay periods or days for payment of employees does not apply 
to Amtrak. Except when otherwise provided under a collective bargaining 
agreement, an employee of Amtrak shall be paid at least as frequently 
as the employee was paid on October 1, 1979.
    (i) Preemption Related to Employee Work Requirements.--A State may 
not adopt or continue in force a law, rule, regulation, order, or 
standard requiring Amtrak to employ a specified number of individuals 
to perform a particular task, function, or operation.
    (j) Nonapplication of Laws on Joint Use or Operation of Facilities 
and Equipment.--Prohibitions of law applicable to an agreement for the 
joint use or operation of facilities and equipment necessary to provide 
quick and efficient rail passenger transportation do not apply to a 
person making an agreement with Amtrak to the extent necessary to allow 
the person to make and carry out obligations under the agreement.
    (k) Exemption From Additional Taxes.--(1) In this subsection--
        (A) ``additional tax'' means a tax or fee--
            (i) on the acquisition, improvement, ownership, or 
        operation of personal property by Amtrak; and
            (ii) on real property, except a tax or fee on the 
        acquisition of real property or on the value of real property 
        not attributable to improvements made, or the operation of 
        those improvements, by Amtrak.
        (B) ``Amtrak'' includes a rail carrier subsidiary of Amtrak and 
    a lessor or lessee of Amtrak or one of its rail carrier 
    subsidiaries.
    (2) Amtrak is not required to pay an additional tax because of an 
expenditure to acquire or improve real property, equipment, a facility, 
or right-of-way material or structures used in providing rail passenger 
transportation, even if that use is indirect.
    (l) Exemption From Taxes Levied After September 30, 1981.--(1) 
Amtrak or a rail carrier subsidiary of Amtrak is exempt from a tax or 
fee imposed by a State, a political subdivision of a State, or a local 
taxing authority and levied on it after September 30, 1981. However, 
Amtrak is not exempt under this subsection from a tax or fee that it 
was required to pay as of September 10, 1982.
    (2) The district courts of the United States have original 
jurisdiction over a civil action Amtrak brings to enforce this 
subsection and may grant equitable or declaratory relief requested by 
Amtrak.
    (m) Waste Disposal.--(1) An intercity rail passenger car 
manufactured after October 14, 1990, shall be built to provide for the 
discharge of human waste only at a servicing facility. Amtrak shall 
retrofit each of its intercity rail passenger cars that was 
manufactured after May 1, 1971, and before October 15, 1990, with a 
human waste disposal system that provides for the discharge of human 
waste only at a servicing facility. Subject to appropriations--
        (A) the retrofit program shall be completed not later than 
    October 15, 1996; and
        (B) a car that does not provide for the discharge of human 
    waste only at a servicing facility shall be removed from service 
    after that date.
    (2) Section 361 of the Public Health Service Act (42 U.S.C. 264) 
and other laws of the United States, States, and local governments do 
not apply to waste disposal from rail carrier vehicles operated in 
intercity rail passenger transportation. The district courts of the 
United States have original jurisdiction over a civil action Amtrak 
brings to enforce this paragraph and may grant equitable or declaratory 
relief requested by Amtrak.
    (n) Rail Transportation Treated Equally.--When authorizing 
transportation in the continental United States for an officer, 
employee, or member of the uniformed services of a department, agency, 
or instrumentality of the Government, the head of that department, 
agency, or instrumentality shall consider rail transportation 
(including transportation by extra-fare trains) the same as 
transportation by another authorized mode. The Administrator of General 
Services shall include Amtrak in the contract air program of the 
Administrator in markets in which transportation provided by Amtrak is 
competitive with other carriers on fares and total trip times.

Sec. 24302. Board of directors

    (a) Composition and Terms.--(1) The board of directors of Amtrak is 
composed of the following 9 directors, each of whom must be a citizen 
of the United States:
        (A) the Secretary of Transportation.
        (B) the President of Amtrak.
        (C) 3 individuals appointed by the President of the United 
    States, by and with the advice and consent of the Senate, as 
    follows:
            (i) one individual selected from a list of 3 qualified 
        individuals submitted by the Railway Labor Executives 
        Association.
            (ii) one chief executive officer of a State selected from 
        among the chief executive officers of States with an interest 
        in rail transportation. The chief executive officer may select 
        an individual to act as the officer's representative at board 
        meetings.
            (iii) one individual selected as a representative of 
        business with an interest in rail transportation.
        (D) 2 individuals selected by the President of the United 
    States from a list of names consisting of one individual nominated 
    by each commuter authority for which Amtrak Commuter provides 
    commuter rail passenger transportation under section 24505 of this 
    title and one individual nominated by each commuter authority in 
    the region (as defined in section 102 of the Regional Rail 
    Reorganization Act of 1973 (45 U.S.C. 702)) that provides its own 
    commuter rail passenger transportation or makes a contract with an 
    operator (except Amtrak Commuter), except that--
            (i) one of the individuals selected must have been 
        nominated by a commuter authority for which Amtrak Commuter 
        provides commuter rail transportation; or
            (ii) if Amtrak Commuter does not provide commuter rail 
        passenger transportation for any authority, the 2 individuals 
        shall be selected from a list of 5 individuals submitted by 
        commuter authorities providing transportation over rail 
        property of Amtrak.
        (E) 2 individuals selected by the holders of the preferred 
    stock of Amtrak.
    (2) An individual appointed under paragraph (1)(C) of this 
subsection serves for 4 years or until the individual's successor is 
appointed and qualified. Not more than 2 individuals appointed under 
paragraph (1)(C) may be members of the same political party.
    (3) An individual selected under paragraph (1)(D) of this 
subsection serves for 2 years or until the individual's successor is 
selected.
    (4) An individual selected under paragraph (1)(E) of this 
subsection serves for one year or until the individual's successor is 
selected.
    (5) The President of Amtrak serves as Chairman of the board.
    (6) The Secretary may be represented at a meeting of the board only 
by the Deputy Secretary of Transportation, the Administrator of the 
Federal Railroad Administration, or the General Counsel of the 
Department of Transportation.
    (b) Cumulative Voting.--The articles of incorporation of Amtrak 
shall provide for cumulative voting for all stockholders.
    (c) Conflicts of Interest.--When serving on the board, a director 
appointed by the President of the United States may not have--
        (1) a financial or employment relationship with a rail carrier; 
    and
        (2) a significant financial relationship or an employment 
    relationship with a person competing with Amtrak in providing 
    passenger transportation.
    (d) Pay and Expenses.--Each director not employed by the United 
States Government is entitled to $300 a day when performing board 
duties and powers. Each director is entitled to reimbursement for 
necessary travel, reasonable secretarial and professional staff 
support, and subsistence expenses incurred in attending board meetings.
    (e) Vacancies.--A vacancy on the board is filled in the same way as 
the original selection, except that an individual appointed by the 
President of the United States under subsection (a)(1)(C) of this 
section to fill a vacancy occurring before the end of the term for 
which the predecessor of that individual was appointed is appointed for 
the remainder of that term. A vacancy required to be filled by 
appointment under subsection (a)(1)(C) must be filled not later than 
120 days after the vacancy occurs.
    (f) Bylaws.--The board may adopt and amend bylaws governing the 
operation of Amtrak. The bylaws shall be consistent with this part and 
the articles of incorporation.

Sec. 24303. Officers

    (a) Appointment and Terms.--Amtrak has a President and other 
officers that are named and appointed by the board of directors of 
Amtrak. An officer of Amtrak must be a citizen of the United States. 
Officers of Amtrak serve at the pleasure of the board.
    (b) Pay.--The board may fix the pay of the officers of Amtrak. An 
officer may not be paid more than the general level of pay for officers 
of rail carriers with comparable responsibility.
    (c) Conflicts of Interest.--When employed by Amtrak, an officer may 
not have a financial or employment relationship with another rail 
carrier, except that holding securities issued by a rail carrier is not 
deemed to be a violation of this subsection if the officer holding the 
securities makes a complete public disclosure of the holdings and does 
not participate in any decision directly affecting the rail carrier.

Sec. 24304. Capitalization

    (a) Stock.--Amtrak may have outstanding one issue of common stock 
and one issue of preferred stock. Each type of stock is eligible for a 
dividend. The articles of incorporation of Amtrak shall provide that--
        (1) each type of stock must be fully paid and nonassessable;
        (2) common stock has a par value of $10 a share; and
        (3) preferred stock has a par value of $100 a share.
    (b) Limitations on Ownership and Voting.--(1) A rail carrier or 
person controlling a rail carrier--
        (A) may not hold preferred stock of Amtrak; and
        (B) may vote not more than one-third of the total number of 
    shares of outstanding common stock of Amtrak.
    (2) Additional common stock owned by a rail carrier or person 
controlling a rail carrier is deemed to be not outstanding for voting 
and quorum purposes.
    (c) Preferred Stock Dividends and Liquidation Preferences.--The 
articles of incorporation of Amtrak shall provide that--
        (1) its preferred stock has a cumulative dividend of at least 6 
    percent a year;
        (2) if a dividend on the preferred stock is not declared and 
    paid or set aside for payment, the deficiency shall be declared and 
    paid or set aside for payment before a dividend or other 
    distribution is made on its common stock;
        (3) the preferred stock has a liquidation preference over the 
    common stock entitling holders of preferred stock to receive a 
    liquidation payment of at least par value plus all accrued unpaid 
    dividends before a liquidation payment is made to holders of common 
    stock; and
        (4) the preferred stock may be converted to common stock.
    (d) Issuance of Preferred Stock to Secretary.--(1) Not later than 
30 days after the close of each fiscal quarter, Amtrak shall issue to 
the Secretary of Transportation preferred stock equal, to the nearest 
whole share, to the amount paid to Amtrak under section 24104(d) of 
this title during the quarter.
    (2) Preferred stock issued under this subsection or section 
304(c)(1) of the Rail Passenger Service Act is deemed to be issued on 
the date Amtrak receives the amounts for which the stock is issued.
    (3) An amendment to the articles of incorporation of Amtrak is not 
required for issuing preferred stock under this subsection.
    (e) Taxes and Fees on Preferred Stock.--A tax or fee applies to 
preferred stock issued under this section only if specifically 
prescribed by Congress.
    (f) Nonvoting Certificates of Indebtedness.--Amtrak may issue 
nonvoting certificates of indebtedness, except that an obligation with 
a liquidation interest superior to preferred stock issued to the 
Secretary or secured by a lien on property of Amtrak may be incurred 
when preferred stock issued to the Secretary is outstanding only if the 
Secretary consents.
    (g) Inspection Rights.--Stockholders of Amtrak have the rights of 
inspecting and copying set forth in section 45(b) of the District of 
Columbia Business Corporation Act (D.C. Code Sec. 29-345(b)) regardless 
of the amount of stock they hold.

Sec. 24305. General authority

    (a) Acquisition and Operation of Equipment and Facilities.--(1) 
Amtrak may acquire, operate, maintain, and make contracts for the 
operation and maintenance of equipment and facilities necessary for 
intercity and commuter rail passenger transportation, the 
transportation of mail and express, and auto-ferry transportation.
    (2) Amtrak shall operate and control directly, to the extent 
practicable, all aspects of the rail passenger transportation it 
provides.
    (b) Maintenance and Rehabilitation.--Amtrak may maintain and 
rehabilitate rail passenger equipment and shall maintain a regional 
maintenance plan that includes--
        (1) a review panel at the principal office of Amtrak consisting 
    of members the President of Amtrak designates;
        (2) a systemwide inventory of spare equipment parts in each 
    operational region;
        (3) enough maintenance employees for cars and locomotives in 
    each region;
        (4) a systematic preventive maintenance program;
        (5) periodic evaluations of maintenance costs, time lags, and 
    parts shortages and corrective actions; and
        (6) other elements or activities Amtrak considers appropriate.
    (c) Miscellaneous Authority.--Amtrak may--
        (1) make and carry out appropriate agreements;
        (2) transport mail and express and shall use all feasible 
    methods to obtain the bulk mail business of the United States 
    Postal Service;
        (3) improve its reservation system and advertising;
        (4) provide food and beverage services on its trains only if 
    revenues from the services each year at least equal the cost of 
    providing the services;
        (5) conduct research, development, and demonstration programs 
    related to the mission of Amtrak; and
        (6) buy or lease rail rolling stock and develop and demonstrate 
    improved rolling stock.
    (d) Through Routes and Joint Fares.--(1) Establishing through 
routes and joint fares between Amtrak and other intercity rail 
passenger carriers and motor carriers of passengers is consistent with 
the public interest and the transportation policy of the United States. 
Congress encourages establishing those routes and fares.
    (2) Amtrak may establish through routes and joint fares with any 
domestic or international motor carrier, air carrier, or water carrier.
    (e) Rail Police.--Amtrak may employ rail police to provide security 
for rail passengers and property of Amtrak. Rail police employed by 
Amtrak who have complied with a State law establishing requirements 
applicable to rail police or individuals employed in a similar position 
may be employed without regard to the law of another State containing 
those requirements.
    (f) Domestic Buying Preferences.--(1) In this subsection, ``United 
States'' means the States, territories, and possessions of the United 
States and the District of Columbia.
    (2) Amtrak shall buy only--
        (A) unmanufactured articles, material, and supplies mined or 
    produced in the United States; or
        (B) manufactured articles, material, and supplies manufactured 
    in the United States substantially from articles, material, and 
    supplies mined, produced, or manufactured in the United States.
    (3) Paragraph (2) of this subsection applies only when the cost of 
those articles, material, or supplies bought is at least $1,000,000.
    (4) On application of Amtrak, the Secretary of Transportation may 
exempt Amtrak from this subsection if the Secretary decides that--
        (A) for particular articles, material, or supplies--
            (i) the requirements of paragraph (2) of this subsection 
        are inconsistent with the public interest;
            (ii) the cost of imposing those requirements is 
        unreasonable; or
            (iii) the articles, material, or supplies, or the articles, 
        material, or supplies from which they are manufactured, are not 
        mined, produced, or manufactured in the United States in 
        sufficient and reasonably available commercial quantities and 
        are not of a satisfactory quality; or
        (B) rolling stock or power train equipment cannot be bought and 
    delivered in the United States within a reasonable time.

Sec. 24306. Mail, express, and auto-ferry transportation

    (a) Actions To Increase Revenues.--Amtrak shall take necessary 
action to increase its revenues from the transportation of mail and 
express. To increase its revenues, Amtrak may provide auto-ferry 
transportation as part of the basic passenger transportation authorized 
by this part. When requested by Amtrak, a department, agency, or 
instrumentality of the United States Government shall assist in 
carrying out this section.
    (b) Authority of Others To Provide Auto-Ferry Transportation.--(1) 
A person primarily providing auto-ferry transportation and any other 
person not a rail carrier may provide auto-ferry transportation over 
any route under a certificate issued by the Interstate Commerce 
Commission if the Commission finds that the auto-ferry transportation--
        (A) will not impair the ability of Amtrak to reduce its losses 
    or increase its revenues; and
        (B) is required to meet the public demand.
    (2) A rail carrier that has not made a contract with Amtrak to 
provide rail passenger transportation may provide auto-ferry 
transportation over its own rail lines.
    (3) State and local laws and regulations that impair the provision 
of auto-ferry transportation do not apply to Amtrak or a rail carrier 
providing auto-ferry transportation. A rail carrier may not refuse to 
participate with Amtrak in providing auto-ferry transportation because 
a State or local law or regulation makes the transportation unlawful.

Sec. 24307. Special transportation

    (a) Reduced Fare Program.--Amtrak shall maintain a reduced fare 
program for the following:
        (1) individuals at least 65 years of age.
        (2) individuals (except alcoholics and drug abusers) who--
            (A) have a physical or mental impairment that substantially 
        limits a major life activity of the individual;
            (B) have a record of an impairment; or
            (C) are regarded as having an impairment.
    (b) Actions To Ensure Access.--Amtrak may act to ensure access to 
intercity transportation for elderly or handicapped individuals on 
passenger trains operated by or for Amtrak. That action may include--
        (1) acquiring special equipment;
        (2) conducting special training for employees;
        (3) designing and acquiring new equipment and facilities;
        (4) eliminating barriers in existing equipment and facilities 
    to comply with the highest standards of design, construction, and 
    alteration of property to accommodate elderly and handicapped 
    individuals; and
        (5) providing special assistance to elderly and handicapped 
    individuals when getting on and off trains and in terminal areas.
    (c) Employee Transportation.--(1) In this subsection, ``rail 
carrier employee'' means--
        (A) an active full-time employee of a rail carrier or terminal 
    company and includes an employee on furlough or leave of absence;
        (B) a retired employee of a rail carrier or terminal company; 
    and
        (C) a dependent of an employee referred to in clause (A) or (B) 
    of this paragraph.
    (2) Amtrak shall ensure that a rail carrier employee eligible for 
free or reduced-rate rail transportation on April 30, 1971, under an 
agreement in effect on that date is eligible, to the greatest extent 
practicable, for free or reduced-rate intercity rail passenger 
transportation provided by Amtrak under this part, if space is 
available, on terms similar to those available on that date under the 
agreement. However, Amtrak may apply to all rail carrier employees 
eligible to receive free or reduced-rate transportation under any 
agreement a single systemwide schedule of terms that Amtrak decides 
applied to a majority of employees on that date under all those 
agreements. Unless Amtrak and a rail carrier make a different 
agreement, the carrier shall reimburse Amtrak at the rate of 25 percent 
of the systemwide average monthly yield of each revenue passenger-mile. 
The reimbursement is in place of costs Amtrak incurs related to free or 
reduced-rate transportation, including liability related to travel of a 
rail carrier employee eligible for free or reduced-rate transportation.
    (3) This subsection does not prohibit the Interstate Commerce 
Commission from ordering retroactive relief in a proceeding begun or 
reopened after October 1, 1981.

Sec. 24308. Use of facilities and providing services to Amtrak

    (a) General Authority.--(1) Amtrak may make an agreement with a 
rail carrier or regional transportation authority to use facilities of, 
and have services provided by, the carrier or authority under terms on 
which the parties agree. The terms shall include a penalty for untimely 
performance.
    (2)(A) If the parties cannot agree and if the Interstate Commerce 
Commission finds it necessary to carry out this part, the Commission 
shall--
        (i) order that the facilities be made available and the 
    services provided to Amtrak; and
        (ii) prescribe reasonable terms and compensation for using the 
    facilities and providing the services.
    (B) When prescribing reasonable compensation under subparagraph (A) 
of this paragraph, the Commission shall consider quality of service as 
a major factor when determining whether, and the extent to which, the 
amount of compensation shall be greater than the incremental costs of 
using the facilities and providing the services.
    (C) The Commission shall decide the dispute not later than 90 days 
after Amtrak submits the dispute to the Commission.
    (3) Amtrak's right to use the facilities or have the services 
provided is conditioned on payment of the compensation. If the 
compensation is not paid promptly, the rail carrier or authority 
entitled to it may bring an action against Amtrak to recover the amount 
owed.
    (4) Amtrak shall seek immediate and appropriate legal remedies to 
enforce its contract rights when track maintenance on a route over 
which Amtrak operates falls below the contractual standard.
    (b) Operating During Emergencies.--To facilitate operation by 
Amtrak during an emergency, the Commission, on application by Amtrak, 
shall require a rail carrier to provide facilities immediately during 
the emergency. The Commission then shall promptly prescribe reasonable 
terms, including indemnification of the carrier by Amtrak against 
personal injury risk to which the carrier may be exposed. The rail 
carrier shall provide the facilities for the duration of the emergency.
    (c) Preference Over Freight Transportation.--Except in an 
emergency, intercity and commuter rail passenger transportation 
provided by or for Amtrak has preference over freight transportation in 
using a rail line, junction, or crossing unless the Secretary of 
Transportation orders otherwise under this subsection. A rail carrier 
affected by this subsection may apply to the Secretary for relief. If 
the Secretary, after an opportunity for a hearing under section 553 of 
title 5, decides that preference for intercity and commuter rail 
passenger transportation materially will lessen the quality of freight 
transportation provided to shippers, the Secretary shall establish the 
rights of the carrier and Amtrak on reasonable terms.
    (d) Accelerated Speeds.--If a rail carrier refuses to allow 
accelerated speeds on trains operated by or for Amtrak, Amtrak may 
apply to the Secretary for an order requiring the carrier to allow the 
accelerated speeds. The Secretary shall decide whether accelerated 
speeds are unsafe or impracticable and which improvements would be 
required to make accelerated speeds safe and practicable. After an 
opportunity for a hearing, the Secretary shall establish the maximum 
allowable speeds of Amtrak trains on terms the Secretary decides are 
reasonable.
    (e) Additional Trains.--(1) When a rail carrier does not agree to 
provide, or allow Amtrak to provide, for the operation of additional 
trains over a rail line of the carrier, Amtrak may apply to the 
Secretary for an order requiring the carrier to provide or allow for 
the operation of the requested trains. After a hearing on the record, 
the Secretary may order the carrier, within 60 days, to provide or 
allow for the operation of the requested trains on a schedule based on 
legally permissible operating times. However, if the Secretary decides 
not to hold a hearing, the Secretary, not later than 30 days after 
receiving the application, shall publish in the Federal Register the 
reasons for the decision not to hold the hearing.
    (2) The Secretary shall consider--
        (A) when conducting a hearing, whether an order would impair 
    unreasonably freight transportation of the rail carrier, with the 
    carrier having the burden of demonstrating that the additional 
    trains will impair the freight transportation; and
        (B) when establishing scheduled running times, the statutory 
    goal of Amtrak to implement schedules that attain a system-wide 
    average speed of at least 60 miles an hour that can be adhered to 
    with a high degree of reliability and passenger comfort.
    (3) Unless the parties have an agreement that establishes the 
compensation Amtrak will pay the carrier for additional trains provided 
under an order under this subsection, the Commission shall decide the 
dispute under subsection (a) of this section.

Sec. 24309. Retaining and maintaining facilities

    (a) Definitions.--In this section--
        (1) ``facility'' means a rail line, right of way, fixed 
    equipment, facility, or real property related to a rail line, right 
    of way, fixed equipment, or facility, including a signal system, 
    passenger station and repair tracks, a station building, a 
    platform, and a related facility, including a water, fuel, steam, 
    electric, and air line.
        (2) downgrading a facility means reducing a track 
    classification as specified in the Federal Railroad Administration 
    track safety standards or altering a facility so that the time 
    required for rail passenger transportation to be provided over the 
    route on which a facility is located may be increased.
    (b) Approval Required for Downgrading or Disposal.--A facility of a 
rail carrier or regional transportation authority that Amtrak used to 
provide rail passenger transportation on February 1, 1979, may be 
downgraded or disposed of only after approval by the Secretary of 
Transportation under this section.
    (c) Notification and Analysis.--(1) A rail carrier intending to 
downgrade or dispose of a facility Amtrak currently is not using to 
provide transportation shall notify Amtrak of its intention. If, not 
later than 60 days after Amtrak receives the notice, Amtrak and the 
carrier do not agree to retain or maintain the facility or to convey an 
interest in the facility to Amtrak, the carrier may apply to the 
Secretary for approval to downgrade or dispose of the facility.
    (2) After a rail carrier notifies Amtrak of its intention to 
downgrade or dispose of a facility, Amtrak shall survey population 
centers with rail passenger transportation facilities to assist in 
preparing a valid and timely analysis of the need for the facility and 
shall update the survey as appropriate. Amtrak also shall maintain a 
system for collecting information gathered in the survey. The system 
shall collect the information based on geographic regions and on 
whether the facility would be part of a short haul or long haul route. 
The survey should facilitate an analysis of--
        (A) ridership potential by ascertaining existing and changing 
    travel patterns that would provide maximum efficient rail passenger 
    transportation;
        (B) the quality of transportation of competitors or likely 
    competitors;
        (C) the likelihood of Amtrak offering transportation at a 
    competitive fare;
        (D) opportunities to target advertising and fares to potential 
    classes of riders;
        (E) economic characteristics of rail passenger transportation 
    related to the facility and the extent to which the characteristics 
    are consistent with sound economic principles of short haul or long 
    haul rail transportation; and
        (F) the feasibility of applying effective internal cost 
    controls to the facility and route served by the facility to 
    improve the ratio of passenger revenue to transportation expenses 
    (excluding maintenance of tracks, structures, and equipment and 
    depreciation).
    (d) Approval of Application and Payment of Avoidable Costs.--(1) If 
Amtrak does not object to an application not later than 30 days after 
it is submitted, the Secretary shall approve the application promptly.
    (2) If Amtrak objects to an application, the Secretary shall decide 
by not later than 180 days after the objection those costs the rail 
carrier may avoid if it does not have to retain or maintain a facility 
in the condition Amtrak requests. If Amtrak does not agree by not later 
than 60 days after the decision to pay the carrier these avoidable 
costs, the Secretary shall approve the application. When deciding 
whether to pay a carrier the avoidable costs of retaining or 
maintaining a facility, Amtrak shall consider--
        (A) the potential importance of restoring rail passenger 
    transportation on the route on which the facility is located;
        (B) the market potential of the route;
        (C) the availability, adequacy, and energy efficiency of an 
    alternate rail line or alternate mode of transportation to provide 
    passenger transportation to or near the places that would be served 
    by the route;
        (D) the extent to which major population centers would be 
    served by the route;
        (E) the extent to which providing transportation over the route 
    would encourage the expansion of an intercity rail passenger system 
    in the United States; and
        (F) the possibility of increased ridership on a rail line that 
    connects with the route.
    (e) Compliance With Other Obligations.--Downgrading or disposing of 
a facility under this section does not relieve a rail carrier from 
complying with its other common carrier or legal obligations related to 
the facility.

Sec. 24310. Assistance for upgrading facilities

    (a) To Correct Dangerous Conditions.--(1) Amtrak or the owner of a 
facility presenting a danger to the employees, passengers, or property 
of Amtrak may petition the Secretary of Transportation for assistance 
to the owner for relocation or other measures undertaken after December 
31, 1977, to minimize or eliminate the danger.
    (2) The Secretary shall recommend to Congress that Congress 
authorize amounts for the relocation or other measures if the Secretary 
decides that--
        (A) the facility presents a danger of death or serious injury 
    to an employee or passenger or of serious damage to that property; 
    and
        (B) the owner should not be expected to bear the cost of that 
    relocation or other measures.
    (b) To Correct State and Local Violations.--(1) Amtrak, by itself 
or jointly with an owner or operator of a rail station Amtrak uses to 
provide rail passenger transportation, may apply to the Secretary for 
amounts that may be appropriated under paragraph (2) of this subsection 
to pay or reimburse expenses incurred after October 1, 1987, related to 
the station complying with an official notice received before October 
1, 1987, from a State or local authority stating that the station 
violates or allegedly violates the building, construction, fire, 
electric, sanitation, mechanical, or plumbing code.
    (2) Not more than $1,000,000, may be appropriated to the Secretary 
to carry out paragraph (1) of this subsection. Amounts appropriated 
under this paragraph remain available until expended.

Sec. 24311. Acquiring interests in property by eminent domain

    (a) General Authority.--(1) To the extent financial resources are 
available, Amtrak may acquire by eminent domain under subsection (b) of 
this section interests in property--
        (A) necessary for intercity rail passenger transportation, 
    except property of a rail carrier, a State, a political subdivision 
    of a State, or a governmental authority; or
        (B) requested by the Secretary of Transportation in carrying 
    out the Secretary's duty to design and build an intermodal 
    transportation terminal at Union Station in the District of 
    Columbia if the Secretary assures Amtrak that the Secretary will 
    reimburse Amtrak.
    (2) Amtrak may exercise the power of eminent domain only if it 
cannot--
        (A) acquire the interest in the property by contract; or
        (B) agree with the owner on the purchase price for the 
    interest.
    (b) Civil Actions.--(1) A civil action to acquire an interest in 
property by eminent domain under subsection (a) of this section must be 
brought in the district court of the United States for the judicial 
district in which the property is located or, if a single piece of 
property is located in more than one judicial district, in any judicial 
district in which any piece of the property is located. An interest is 
condemned and taken by Amtrak for its use when a declaration of taking 
is filed under this subsection and an amount of money estimated in the 
declaration to be just compensation for the interest is deposited in 
the court. The declaration may be filed with the complaint in the 
action or at any time before judgment. The declaration must contain or 
be accompanied by--
        (A) a statement of the public use for which the interest is 
    taken;
        (B) a description of the property sufficient to identify it;
        (C) a statement of the interest in the property taken;
        (D) a plan showing the interest taken; and
        (E) a statement of the amount of money Amtrak estimates is just 
    compensation for the interest.
    (2) When the declaration is filed and the deposit is made under 
paragraph (1) of this subsection, title to the property vests in Amtrak 
in fee simple absolute or in the lesser interest shown in the 
declaration, and the right to the money vests in the person entitled to 
the money. When the declaration is filed, the court may decide--
        (A) the time by which, and the terms under which, possession of 
    the property is given to Amtrak; and
        (B) the disposition of outstanding charges related to the 
    property.
    (3) After a hearing, the court shall make a finding on the amount 
that is just compensation for the interest in the property and enter 
judgment awarding that amount and interest on it. The rate of interest 
is 6 percent a year and is computed on the amount of the award less the 
amount deposited in the court from the date of taking to the date of 
payment.
    (4) On application of a party, the court may order immediate 
payment of any part of the amount deposited in the court for the 
compensation to be awarded. If the award is more than the amount 
received, the court shall enter judgment against Amtrak for the 
deficiency.
    (c) Authority To Condemn Rail Carrier Property Interests.--(1) If 
Amtrak and a rail carrier cannot agree on a sale to Amtrak of an 
interest in property of a rail carrier necessary for intercity rail 
passenger transportation, Amtrak may apply to the Interstate Commerce 
Commission for an order establishing the need of Amtrak for the 
interest and requiring the carrier to convey the interest on reasonable 
terms, including just compensation. The need of Amtrak is deemed to be 
established, and the Commission, after holding an expedited proceeding 
and not later than 120 days after receiving the application, shall 
order the interest conveyed unless the Commission decides that--
        (A) conveyance would impair significantly the ability of the 
    carrier to carry out its obligations as a common carrier; and
        (B) the obligations of Amtrak to provide modern, efficient, and 
    economical rail passenger transportation can be met adequately by 
    acquiring an interest in other property, either by sale or by 
    exercising its right of eminent domain under subsection (a) of this 
    section.
    (2) If the amount of compensation is not determined by the date of 
the Commission's order, the order shall require, as part of the 
compensation, interest at 6 percent a year from the date prescribed for 
the conveyance until the compensation is paid.
    (3) Amtrak subsequently may reconvey to a third party an interest 
conveyed to Amtrak under this subsection or prior comparable provision 
of law if the Commission decides that the reconveyance will carry out 
the purposes of this part, regardless of when the proceeding was 
brought (including a proceeding pending before a United States court on 
November 28, 1990).

Sec. 24312. Labor standards

    (a) Prevailing Wages and Health and Safety Standards.--(1) Amtrak 
shall ensure that laborers and mechanics employed by contractors and 
subcontractors in construction work financed under an agreement made 
under section 24308(a), 24701(a), or 24704(b)(2) of this title will be 
paid wages not less than those prevailing on similar construction in 
the locality, as determined by the Secretary of Labor under the Act of 
March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a--276a-5). 
Amtrak may make such an agreement only after being assured that 
required labor standards will be maintained on the construction work. 
Health and safety standards prescribed by the Secretary under section 
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) 
apply to all construction work performed under such an agreement, 
except for construction work performed by a rail carrier.
    (2) Wage rates in a collective bargaining agreement negotiated 
under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed to 
comply with the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 
U.S.C. 276a--276a-5).
    (b) Contracting Out.--(1) Amtrak may not contract out work normally 
performed by an employee in a bargaining unit covered by a contract 
between a labor organization and Amtrak or a rail carrier that provided 
intercity rail passenger transportation on October 30, 1970, if 
contracting out results in the layoff of an employee in the bargaining 
unit.
    (2) This subsection does not apply to food and beverage services 
provided on trains of Amtrak.

Sec. 24313. Rail safety system program

    In consultation with rail labor organizations, Amtrak shall 
maintain a rail safety system program for employees working on property 
owned by Amtrak. The program shall be a model for other rail carriers 
to use in developing safety programs. The program shall include--
        (1) periodic analyses of accident information, including 
    primary and secondary causes;
        (2) periodic evaluations of the activities of the program, 
    particularly specific steps taken in response to an accident;
        (3) periodic reports on amounts spent for occupational health 
    and safety activities of the program;
        (4) periodic reports on reduced costs and personal injuries 
    because of accident prevention activities of the program;
        (5) periodic reports on direct accident costs, including claims 
    related to accidents; and
        (6) reports and evaluations of other information Amtrak 
    considers appropriate.

Sec. 24314. Demonstration of new technology

    (a) Plan.--Amtrak shall develop a plan for demonstrating new 
technology in rail passenger equipment. The plan shall provide that new 
equipment that Amtrak procures that may increase train speed 
significantly over existing rail facilities shall be demonstrated, to 
the extent practicable, throughout the intercity rail passenger system.
    (b) Report.--Not later than September 30, 1993, Amtrak shall submit 
to the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report summarizing the plan developed under subsection (a) of 
this section, including its goals, locations for technology 
demonstration, and a schedule for carrying out the plan.
    (c) Cooperation.--To make efforts to increase train speed 
throughout the intercity rail passenger system easier, Amtrak shall 
consult and cooperate, to the extent feasible, on request of eligible 
applicants proposing a technology demonstration authorized and financed 
under a law of the United States, with those applicants.

Sec. 24315. Reports and audits

    (a) Amtrak Annual Operations Report.--Not later than February 15 of 
each year, Amtrak shall submit to Congress a report that--
        (1) for each route on which Amtrak provided intercity rail 
    passenger transportation during the prior fiscal year, includes 
    information on--
            (A) ridership;
            (B) passenger-miles;
            (C) the short-term avoidable profit or loss for each 
        passenger-mile;
            (D) the revenue-to-cost ratio;
            (E) revenues;
            (F) the United States Government subsidy;
            (G) the subsidy not provided by the United States 
        Government; and
            (H) on-time performance;
        (2) provides relevant information about a decision to pay an 
    officer of Amtrak more than the rate for level I of the Executive 
    Schedule under section 5312 of title 5; and
        (3) specifies--
            (A) significant operational problems Amtrak identifies; and
            (B) proposals by Amtrak to solve those problems.
    (b) Amtrak General and Legislative Annual Report.--(1) Not later 
than February 15 of each year, Amtrak shall submit to the President and 
Congress a complete report of its operations, activities, and 
accomplishments, including a statement of revenues and expenditures for 
the prior fiscal year. The report--
        (A) shall include a discussion and accounting of Amtrak's 
    success in meeting the goal of section 24902(b) of this title; and
        (B) may include recommendations for legislation, including the 
    amount of financial assistance needed for operations and capital 
    improvements, the method of computing the assistance, and the 
    sources of the assistance.
    (2) Amtrak may submit reports to the President and Congress at 
other times Amtrak considers desirable.
    (c) Secretary's Report on Effectiveness of This Part.--The 
Secretary of Transportation shall prepare a report on the effectiveness 
of this part in meeting the requirements for a balanced transportation 
system in the United States. The report may include recommendations for 
legislation. The Secretary shall include this report as part of the 
annual report the Secretary submits under section 308(a) of this title.
    (d) Independent Audits.--An independent certified public accountant 
shall audit the financial statements of Amtrak each year. The audit 
shall be carried out at the place at which the financial statements 
normally are kept and under generally accepted auditing standards. A 
report of the audit shall be included in the report required by 
subsection (a) of this section.
    (e) Comptroller General Audits.--The Comptroller General may 
conduct performance audits of the activities and transactions of 
Amtrak. Each audit shall be conducted at the place at which the 
Comptroller General decides and under generally accepted management 
principles. The Comptroller General may prescribe regulations governing 
the audit.
    (f) Availability of Records and Property of Amtrak and Rail 
Carriers.--Amtrak and, if required by the Comptroller General, a rail 
carrier with which Amtrak has made a contract for intercity rail 
passenger transportation shall make available for an audit under 
subsection (d) or (e) of this section all records and property of, or 
used by, Amtrak or the carrier that are necessary for the audit. Amtrak 
and the carrier shall provide facilities for verifying transactions 
with the balances or securities held by depositories, fiscal agents, 
and custodians. Amtrak and the carrier may keep all reports and 
property.
    (g) Comptroller General's Report to Congress.--The Comptroller 
General shall submit to Congress a report on each audit, giving 
comments and information necessary to inform Congress on the financial 
operations and condition of Amtrak and recommendations related to those 
operations and conditions. The report also shall specify any financial 
transaction or undertaking the Comptroller General considers is carried 
out without authority of law. When the Comptroller General submits a 
report to Congress, the Comptroller General shall submit a copy of it 
to the President, the Secretary, and Amtrak at the same time.

                      CHAPTER 245--AMTRAK COMMUTER

Sec.
24501.  Status and applicable laws.
24502.  Board of directors.
24503.  Officers.
24504.  General authority.
24505.  Commuter rail passenger transportation.
24506.  Certain duties and powers unaffected.

Sec. 24501. Status and applicable laws

    (a) Status.--Amtrak Commuter--
        (1) is a wholly-owned subsidiary of Amtrak;
        (2) provides by contract commuter rail passenger transportation 
    for a commuter authority with which Amtrak Commuter makes a 
    contract to provide the transportation under this chapter;
        (3) has no common carrier obligations to provide rail passenger 
    or rail freight transportation; and
        (4) is not a department, agency, or instrumentality of the 
    United States Government.
    (b) Application of Safety and Employee Relations Laws and 
Regulations.--Chapter 105 of this title does not apply to Amtrak 
Commuter. However, laws and regulations governing safety, employee 
representation for collective bargaining purposes, the handling of 
disputes between carriers and employees, employee retirement, annuity, 
and unemployment systems, and other dealings with employees that apply 
to a rail carrier providing transportation subject to subchapter I of 
chapter 105 apply to Amtrak Commuter.
    (c) Application of Certain Additional Laws.--This part and, to the 
extent consistent with this part, the District of Columbia Business 
Corporation Act (D.C. Code Sec. 29-301 et seq.) apply to Amtrak 
Commuter.
    (d) Nonapplication of Rate, Route, and Service Laws.--A State or 
other law related to rates, routes, or service in connection with rail 
passenger transportation does not apply to Amtrak Commuter.
    (e) Preemption Related to Employee Work Requirements.--A State may 
not adopt or continue in force a law, rule, regulation, order, or 
standard requiring Amtrak Commuter to employ a specified number of 
individuals to perform a particular task, function, or operation.
    (f) Exemption From Additional Taxes.--(1) In this subsection, 
``additional tax'' means a tax or fee--
        (A) on the acquisition, improvement, ownership, or operation of 
    personal property by Amtrak Commuter; and
        (B) on real property, except a tax or fee on the acquisition of 
    real property or on the value of real property not attributable to 
    improvements made, or the operation of those improvements, by 
    Amtrak Commuter.
    (2) Amtrak Commuter is not required to pay an additional tax 
because of an expenditure to acquire or improve real property, 
equipment, a facility, or right-of-way material or structures used to 
provide rail passenger transportation.
    (g) Tax Exemption for Certain Commuter Authorities.--A commuter 
authority with which Amtrak Commuter could have made a contract to 
provide commuter rail passenger transportation under this chapter but 
which decided to provide its own rail passenger transportation 
beginning on January 1, 1983, is exempt, effective October 1, 1981, 
from paying a tax or fee to the same extent Amtrak is exempt.
    (h) Nonapplication of Agreements for Financial Support and Trackage 
Rights.--An agreement under which financial support was provided on 
January 2, 1974, to a commuter authority to continue rail passenger 
transportation does not apply to Amtrak Commuter. However, Amtrak and 
the Consolidated Rail Corporation retain appropriate trackage rights 
over rail property owned or leased by the authority. Compensation for 
the rights shall be reasonable.

Sec. 24502. Board of directors

    (a) Composition.--The board of directors of Amtrak Commuter is 
composed of the following directors:
        (1) the President of Amtrak Commuter.
        (2) one individual from the board of directors of Amtrak 
    selected as a representative of commuter authorities that make 
    contracts with Amtrak Commuter for the operation of commuter rail 
    passenger transportation.
        (3) 2 individuals selected by the board of directors of Amtrak.
        (4) 2 individuals selected by commuter authorities for which 
    Amtrak Commuter provides commuter rail transportation under this 
    chapter. However, only one individual shall be selected under this 
    clause if Amtrak Commuter provides the transportation for only one 
    authority.
    (b) Terms.--Except as otherwise provided in this section, 
individuals shall serve for 2 years.
    (c) Chairman.--The board shall select annually one of its members 
to serve as Chairman.
    (d) Pay and Expenses.--Each director not employed by the United 
States Government is entitled to $300 a day when performing board 
duties and powers. Each director is entitled to reimbursement for 
necessary travel, reasonable secretarial and professional staff 
support, and subsistence expenses incurred in attending board meetings.
    (e) Vacancies.--A vacancy on the board is filled in the same way as 
the original selection.
    (f) Bylaws.--The board may adopt and amend bylaws governing the 
operation of Amtrak Commuter. The bylaws shall be consistent with this 
part and the articles of incorporation.

Sec. 24503. Officers

    (a) Appointment and Terms.--Amtrak Commuter has a President and 
other officers that are named and appointed by the board of directors 
of Amtrak Commuter. An officer of Amtrak Commuter must be a citizen of 
the United States. Officers of Amtrak Commuter serve at the pleasure of 
the board.
    (b) Pay.--The board may fix the pay of the officers of Amtrak 
Commuter. An officer may be paid not more than the general level of pay 
for officers of rail carriers with comparable responsibility.
    (c) Conflicts of Interest.--When employed by Amtrak Commuter, an 
officer may not have a financial or employment relationship with a rail 
carrier, except that holding securities issued by a rail carrier is not 
deemed to be a violation of this subsection if the officer holding the 
securities makes a complete public disclosure of the holdings and does 
not participate in any decision directly affecting the rail carrier.

Sec. 24504. General authority

    (a) General.--Amtrak Commuter may--
        (1) acquire, operate, maintain, and make contracts for the 
    operation of equipment and facilities necessary for commuter rail 
    passenger transportation;
        (2) conduct research and development related to the mission of 
    Amtrak Commuter; and
        (3) issue common stock to Amtrak.
    (b) Operation and Control.--To the extent consistent with this part 
and with an agreement with a commuter authority, Amtrak Commuter shall 
operate and control all aspects of the commuter rail passenger 
transportation it provides.
    (c) Agreement To Avoid Duplicating Employee Functions.--To the 
maximum extent practicable, Amtrak Commuter and Amtrak shall make an 
agreement that avoids duplicating employee functions and voluntarily 
establishes a consolidated work force.

Sec. 24505. Commuter rail passenger transportation

    (a) General Authority.--Amtrak Commuter--
        (1) shall provide commuter rail passenger transportation that 
    the Consolidated Rail Corporation was obligated to provide on 
    August 13, 1981, under section 303(b)(2) or 304(e) of the Regional 
    Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and
        (2) may provide other commuter rail passenger transportation if 
    the commuter authority for which the transportation will be 
    provided offers to provide a commuter rail passenger transportation 
    payment equal to the--
            (A) avoidable costs of providing the transportation 
        (including the avoidable cost of necessary capital 
        improvements) and a reasonable return on the value; less
            (B) revenue attributable to the transportation.
    (b) Offer Requirements.--(1) A commuter authority making an offer 
under subsection (a)(2) of this section shall--
        (A) show that it has obtained access to all rail property 
    necessary to provide the additional commuter rail passenger 
    transportation; and
        (B) make the offer according to regulations the Rail Services 
    Planning Office prescribes under section 10362(b)(5)(A) and (6) of 
    this title.
    (2) The Office may revise and update the regulations when necessary 
to carry out this section.
    (c) Additional Employee Requirements.--Additional employee 
requirements shall be met through existing seniority arrangements 
agreed to in the implementing agreement negotiated under section 508 of 
the Rail Passenger Service Act.
    (d) When Obligation Does Not Apply.--Amtrak Commuter is not 
obligated to provide commuter rail passenger transportation if a 
commuter authority provides the transportation or makes a contract 
under which a person, except Amtrak Commuter, will provide the 
transportation. When appropriate, Amtrak Commuter shall give the 
authority or person access to the rail property needed to provide the 
transportation.
    (e) Discontinuance of Commuter Rail Passenger Transportation.--(1) 
Amtrak Commuter may discontinue commuter rail passenger transportation 
provided under this section on 60 days' notice if--
        (A) a commuter authority does not offer a commuter rail 
    passenger transportation payment under subsection (a)(2) of this 
    section; or
        (B) a payment is not paid when due.
    (2) The Office shall prescribe regulations on the necessary 
contents of the notice required under this subsection.
    (f) Compensation for Right-of-Way Related Costs.--Compensation by a 
commuter authority to Amtrak or Amtrak Commuter for right-of-way 
related costs for transportation over property Amtrak owns shall be 
determined under a method the Interstate Commerce Commission 
establishes under section 1163 of the Omnibus Budget Reconciliation Act 
of 1981 (45 U.S.C. 1111) or to which the parties agree.
    (g) Application of Other Laws.--All laws related to commuter rail 
passenger transportation apply to a commuter authority providing 
commuter rail passenger transportation under this section.

Sec. 24506. Certain duties and powers unaffected

    This chapter does not affect a duty or power of the Consolidated 
Rail Corporation or its successor and any bi-state commuter authority 
under an agreement, lease, or contract under which property was 
conveyed to the Corporation under the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 701 et seq.).

                    CHAPTER 247--AMTRAK ROUTE SYSTEM

Sec.
24701.  Operation of basic system.
24702.  Improving rail passenger transportation.
24703.  Route and service criteria.
24704.  Transportation requested by States, authorities, and other 
          persons.
24705.  Additional qualifying routes.
24706.  Discontinuance.
24707.  Cost and performance review.
24708.  Special commuter transportation.
24709.  International transportation.

Sec. 24701. Operation of basic system

    (a) By Amtrak.--Amtrak shall provide intercity rail passenger 
transportation within the basic system unless the transportation is 
provided by--
        (1) a rail carrier with which Amtrak did not make a contract 
    under section 401(a) of the Rail Passenger Service Act; or
        (2) a regional transportation authority under contract with 
    Amtrak.
    (b) By Others With Consent of Amtrak.--Except as provided in 
section 24306 of this title, a person may provide intercity rail 
passenger transportation over a route over which Amtrak provides 
scheduled intercity rail passenger transportation under a contract 
under section 401(a) of the Act only with the consent of Amtrak.

Sec. 24702. Improving rail passenger transportation

    (a) Plan To Improve Transportation.--Amtrak shall continue to carry 
out its plan, submitted under section 305(f) of the Rail Passenger 
Service Act, to improve intercity rail passenger transportation 
provided in the basic system. The plan shall include--
        (1) a zero-based assessment of all operating practices;
        (2) changes to achieve the minimum use of employees consistent 
    with safe operations and adequate transportation;
        (3) a systematic program for achieving the greatest ratio of 
    train size to passenger demand;
        (4) a systematic program to reduce trip time in the basic 
    system;
        (5) establishing training programs to achieve on-time 
    departures;
        (6) establishing priorities for passenger trains over freight 
    trains;
        (7) adjusting the buying and pricing of food and beverages so 
    that food and beverage services ultimately will be profitable;
        (8) cooperative marketing opportunities between Amtrak and 
    governmental authorities that have intercity rail passenger 
    transportation; and
        (9) cooperative marketing campaigns sponsored by Amtrak and the 
    Secretary of Energy, the Administrator of the Federal Highway 
    Administration, and the Administrator of the Environmental 
    Protection Agency.
    (b) State and Local Speed Restrictions.--Amtrak shall--
        (1) identify any speed restriction a State or local government 
    imposes on a train of Amtrak that Amtrak decides impedes Amtrak 
    from achieving high-speed intercity rail passenger transportation; 
    and
        (2) consult with that State or local government--
            (A) to evaluate alternatives to the speed restriction, 
        considering the local safety hazard that is the basis for the 
        restriction; and
            (B) to consider modifying or eliminating the restriction to 
        allow safe operation at higher speeds.
    (c) High-Speed Rail Transportation Development.--On reasonable 
request by a State, political subdivision of a State, regional 
partnership, private sector representative, or other qualified person, 
Amtrak shall consult and cooperate to the extent feasible with that 
person to assist the efforts of that person to achieve high-speed rail 
transportation through equipment upgrades, grade-crossing safety 
improvements, and incremental infrastructure improvements on existing 
rail facilities that Amtrak uses (except the Northeast Corridor 
facilities). Not later than September 30, 1993, Amtrak shall submit to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report on its efforts under this subsection.
    (d) Routes Connecting Corridors.--Amtrak shall begin or improve 
appropriate rail passenger transportation on a route between corridors 
that Amtrak decides is justified because it will increase ridership on 
trains of Amtrak on the route and in the connecting corridors.

Sec. 24703. Route and service criteria

    (a) Route Discontinuances and Additions.--Except as provided in 
this part, route discontinuances and route additions shall comply with 
the route and service criteria.
    (b) Congressional Review of Criteria Amendments.--(1) Amtrak shall 
submit to Congress a draft of an amendment to the route and service 
criteria when Amtrak decides an amendment is appropriate. The amendment 
is effective at the end of the first period of 120 calendar days of 
continuous session of Congress after it is submitted unless there is 
enacted into law during the period a joint resolution stating Congress 
does not approve the amendment.
    (2) In this subsection--
        (A) a continuous session of Congress is broken only by an 
    adjournment sine die; and
        (B) the 120-day period does not include days on which either 
    House is not in session because of adjournment of more than 3 days 
    to a day certain.
    (c) Nonapplication.--The route and service criteria do not apply 
to--
        (1) increasing or, because of construction schedules or other 
    temporary disruptive facts or seasonal fluctuations in ridership, 
    decreasing the number of trains on an existing route or a part of 
    an existing route or on a route on which additional trains are 
    being tested;
        (2) carrying out the recommendations developed under section 4 
    of the Amtrak Improvement Act of 1978;
        (3) rerouting transportation between major population centers 
    on an existing route; or
        (4)(A) modifying transportation operations under section 
    24707(a) of this title; and
        (B) modifying the route system or discontinuing transportation 
    under section 24707(b) of this title.

Sec. 24704. Transportation requested by States, authorities, and other 
            persons

    (a) Applications To Begin or Keep Transportation.--(1) A State, a 
regional or local authority, or another person may apply to Amtrak and 
request Amtrak to provide rail passenger transportation or keep any 
part of a train, route, or service that Amtrak intends to discontinue 
under section 24706(a) or (b) or 24707(a) or (b) of this title. An 
application shall--
        (A) assure Amtrak that the State, authority, or person has 
    sufficient resources to meet its share of the cost of the 
    transportation for the time the transportation will be provided;
        (B) contain a market analysis acceptable to Amtrak to ensure 
    that there is adequate demand for the transportation; and
        (C) commit the State, authority, or person to provide at least 
    45 percent of the short term avoidable loss of providing the 
    transportation the first year the transportation is provided and at 
    least 65 percent of the short term avoidable loss each of the 
    following years, and, except as provided in section 24104(a) of 
    this title, at least 50 percent of associated capital costs each 
    year the transportation is provided.
    (2) An application submitted by more than one State shall be 
considered in the same way as an application submitted by one State, 
without it being necessary for each State to comply with paragraph (1) 
of this subsection.
    (b) Actions on Applications.--(1) Amtrak shall review each 
application submitted under subsection (a) of this section to decide 
whether--
        (A) the application complies with subsection (a); and
        (B) there is a reasonable probability that Amtrak can provide 
    the transportation from available resources.
    (2) Amtrak may make an agreement with an applicant under this 
section to begin or keep the transportation if Amtrak decides that the 
transportation can be provided with resources available to Amtrak. An 
agreement may be renewed for additional periods of not more than 2 
years each.
    (c) Selecting Among Competing Applications.--If more than one 
application is made for transportation consistent with the requirements 
of subsection (a) of this section, but all the transportation applied 
for cannot be provided with the available resources of Amtrak, the 
board of directors of Amtrak shall select the transportation that best 
serves the public interest and can be provided with the available 
resources of Amtrak.
    (d) Fare Increases.--(1) Before increasing a fare applicable to 
transportation provided under subsection (b)(2) of this section by more 
than 5 percent during a 6-month period, Amtrak shall consult with 
officials of each State affected by the increase and explain why the 
increase is necessary.
    (2) Except as provided in paragraph (3) of this subsection, a fare 
increase described in paragraph (1) of this subsection takes effect 90 
days after Amtrak first consults with the affected States. However, not 
later than 30 days after the first consultation, a State may submit 
proposals to Amtrak for reducing costs and increasing revenues of the 
transportation. Amtrak shall consider the proposals in deciding how 
much of the proposed increase shall go into effect.
    (3)(A) Amtrak may increase a fare without regard to the 
restrictions of this subsection during--
        (i) the first month of a fiscal year if the authorization of 
    appropriations and the appropriations for Amtrak are not enacted at 
    least 90 days before the beginning of the fiscal year; or
        (ii) the 30 days following enactment of an appropriation for 
    Amtrak or a rescission of an appropriation.
    (B) Amtrak shall notify each affected State of an increase under 
subparagraph (A) of this paragraph as soon as possible after Amtrak 
decides to increase a fare.
    (e) Determining Loss, Costs, and Revenues.--After consulting with 
officials of each State contributing to providing transportation under 
subsection (b)(2) of this section, the board shall establish the basis 
for determining short term avoidable loss and associated capital costs 
of, and revenues from, the transportation. Amtrak shall give State 
officials the basis for determining the loss, cost, and revenue for 
each route on which transportation is provided under subsection (b)(2).
    (f) Availability of Amounts.--Amounts provided by Amtrak under an 
agreement with an applicant under subsection (b)(2) of this section 
that are allocated for associated capital costs remain available until 
expended.
    (g) Advertising and Promotion.--At least 2 percent but not more 
than 5 percent of the revenue generated by transportation provided 
under subsection (b)(2) of this section shall be used for advertising 
and promotion at the local level.

Sec. 24705. Additional qualifying routes

    (a) Routes Recommended for Discontinuance.--(1) To maintain a 
national intercity rail passenger system in the United States and if a 
reduction in operating expenses can be achieved, Amtrak shall provide 
rail passenger transportation over each route the Secretary of 
Transportation recommended be discontinued under section 4 of the 
Amtrak Improvement Act of 1978 and may restructure a route to serve a 
major population center as an ending place or principal intermediate 
place. Transportation over a long distance route shall be maintained if 
the Amtrak estimate for the fiscal year ending September 30, 1980, was 
that the short term avoidable loss for each passenger mile on the route 
was not more than 7 cents. Transportation over a short distance route 
shall be maintained if the Amtrak estimate for the fiscal year ending 
September 30, 1980, was that the short term avoidable loss for each 
passenger mile on the route was not more than 9 cents.
    (2) For all routes, Amtrak shall calculate short term avoidable 
loss for each passenger-mile based on consistently defined factors. 
Calculations shall be based on the most recent available statistics for 
a 90-day period, except that Amtrak may use historical information 
adjusted to reflect the most recent available statistics.
    (b) Deferral of Secretary's Recommendations.--(1) To provide 
equivalent or improved transportation consistent with the goals of 
section 4(a) of the Act, Amtrak may defer carrying out a recommendation 
of the Secretary under section 4 of the Act that requires providing 
transportation over a rail line not used in intercity rail passenger 
transportation on May 24, 1979, requires using a new facility, or 
requires making a new labor agreement, until any necessary capital 
improvements are made in the line or facility or the agreement is made.
    (2) Notwithstanding another law and the route and service criteria, 
during the period a decision of the Secretary under section 4 of the 
Act is deferred, Amtrak shall provide substitute transportation over 
existing routes recommended for restructuring and over other existing 
feasible routes. Except for transportation concentrating on commuter 
ridership over a short haul route, transportation provided under this 
paragraph may be provided only if the route complies with subsection 
(a) of this section, adjusted to reflect constant 1979 dollars.
    (c) Short Haul Demonstration Routes.--Notwithstanding this part, 
Amtrak may provide short haul trains on additional routes totaling not 
more than 200 miles that link at least 2 major metropolitan areas--
        (1) on a demonstration basis to establish the feasibility and 
    benefits of the transportation; and
        (2) to the extent available resources allow.
    (d) Routes Discontinued by Rail Carriers.--Amtrak may undertake to 
provide rail passenger transportation between places served by a rail 
carrier filing a notice of discontinuance under section 10908 or 10909 
of this title.

Sec. 24706. Discontinuance

    (a) Notice of Discontinuance.--(1) Except as provided in subsection 
(b) of this section, at least 90 days before a discontinuance under 
section 24704 or 24707(a) or (b) of this title, Amtrak shall give 
notice of the discontinuance in the way Amtrak decides will give a 
State, a regional or local authority, or another person the opportunity 
to agree to share the cost of any part of the train, route, or service 
to be discontinued.
    (2) Notice of the discontinuance under section 24704 or 24707(a) or 
(b) of this title shall be posted in all stations served by the train 
to be discontinued at least 14 days before the discontinuance.
    (b) Discontinuance for Lack of Appropriations.--(1) Amtrak may 
discontinue service under section 24704 or 24707(a) or (b) of this 
title during--
        (A) the first month of a fiscal year if the authorization of 
    appropriations and the appropriations for Amtrak are not enacted at 
    least 90 days before the beginning of the fiscal year; and
        (B) the 30 days following enactment of an appropriation for 
    Amtrak or a rescission of an appropriation.
    (2) Amtrak shall notify each affected State or regional or local 
transportation authority of a discontinuance under this subsection as 
soon as possible after Amtrak decides to discontinue the service.
    (c) Employee Protective Arrangements.--(1) Amtrak or a rail carrier 
(including a terminal company) shall provide fair and equitable 
arrangements to protect the interests of employees of Amtrak or a rail 
carrier, as the case may be, affected by a discontinuance of intercity 
rail passenger service, including a discontinuance of service provided 
by a rail carrier under a facility or service agreement under section 
24308(a) of this title under a modification or ending of the agreement 
or because Amtrak begins providing that service. Arrangements shall 
include provisions that may be necessary for--
        (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 priority of reemployment of employees whose 
    employment is ended or who are laid off; and
        (E) paid training and retraining programs.
    (2) With respect to Amtrak's obligations under this subsection and 
in an agreement to carry out this subsection involving only Amtrak and 
its employees, a discontinuance of intercity rail passenger service 
does not include an adjustment in frequency, or seasonal suspension of 
intercity rail passenger trains that causes a temporary suspension of 
service, unless the adjustment or suspension reduces passenger train 
operations on a particular route to fewer than 3 round trips a week at 
any time during a calendar year.
    (3) Arrangements under this subsection shall provide benefits at 
least equal to benefits established under section 11347 of this title.
    (4) A contract under this chapter or section 24308(a) of this title 
shall specify the terms of protective arrangements.
    (5) This subsection does not impose on Amtrak an obligation of a 
rail carrier related to a right, privilege, or benefit earned by an 
employee because of previous service performed for the carrier.
    (6) This subsection does not apply to Amtrak Commuter.

Sec. 24707. Cost and performance review

    (a) Route Reviews.--Amtrak shall review annually each route in the 
basic system to decide if the route meets the long distance or short 
distance route criterion, as appropriate, under section 24705(a)(1) of 
this title, adjusted to reflect constant 1979 dollars. The review shall 
include an evaluation of the potential market demand for, and the cost 
of providing transportation on, a part of the route and an alternative 
route. Amtrak shall submit the results of the review to the House of 
Representatives, the Senate, and the Secretary of Transportation. If 
Amtrak decides that a route will not meet the criterion under section 
24705(a)(1), as adjusted, Amtrak shall modify or discontinue rail 
passenger transportation operations on the route so that it will meet 
the criterion.
    (b) Financial Requirements and Performance Standards.--Not later 
than 30 days after the beginning of each fiscal year, Amtrak shall 
evaluate the financial requirements for operating the basic system and 
the progress in achieving the system-wide performance standards 
prescribed under this part during the fiscal year. If Amtrak decides 
amounts available for the fiscal year are not enough to meet estimated 
operating costs, or if Amtrak estimates it cannot meet the performance 
standards, Amtrak shall act to reduce costs and improve performance. 
Action under this subsection shall be designed to continue the maximum 
level of transportation practicable, including--
        (1) changing the frequency of transportation;
        (2) increasing fares;
        (3) reducing the cost of sleeper car and dining car service on 
    certain routes;
        (4) increasing the passenger capacity of cars used on certain 
    routes; and
        (5) modifying the route system or discontinuing transportation 
    over routes, considering short term avoidable loss and the number 
    of passengers served on those routes.
    (c) Cost Limitations and Revenue Goals.--Annual costs of Amtrak may 
not be more than amounts, including grants made under section 24104 of 
this title, contributions of States, regional and local authorities, 
and other persons, and revenues, available to Amtrak in the fiscal 
year. Amtrak annually shall set a goal of recovering an amount so that 
its revenues, including contributions, is at least 61 percent of its 
costs, except capital costs.
    (d) Conductor Reports.--To assess the operational performance of 
trains, the President of Amtrak may direct the conductor on any train 
of Amtrak to report to Amtrak any inadequacy of train operation. The 
report shall be signed by the conductor, contain sufficient information 
to locate equipment or personnel failures, and be submitted promptly to 
Amtrak.

Sec. 24708. Special commuter transportation

    (a) Transportation To Be Continued if Criterion Met.--Amtrak shall 
continue to provide rail passenger transportation provided under 
section 403(d) of the Rail Passenger Service Act before October 1, 
1981, if, after considering estimated fare increases and State and 
local contributions to the transportation, the transportation meets the 
short distance route criterion under section 24705(a)(1) of this title, 
as adjusted. Transportation continued under this section shall be 
financed consistent with the method of financing in effect on September 
30, 1981. If the transportation is not estimated to meet the criterion, 
as adjusted, Amtrak may modify or discontinue the transportation so 
that the criterion is met.
    (b) Transportation With Short-Term Avoidable Loss.--Notwithstanding 
subsection (a) of this section, if after September 30, 1993, and before 
October 1, 1995, transportation provided under subsection (a) on a 
route during the prior 6 months has a short-term avoidable loss 
(excluding the cost of providing passenger equipment needed to provide 
the transportation), Amtrak may choose to consider modifying or 
discontinuing the transportation. If Amtrak does make such a choice, 
Amtrak shall solicit public comment for at least 30 days on 
alternatives to the modification or discontinuance. Not later than 60 
days after the comment period ends, Amtrak may modify or discontinue 
the transportation so that there is no short-term avoidable loss under 
this section for providing the transportation on the route.

Sec. 24709. International transportation

    Amtrak may develop and operate international intercity rail 
passenger transportation between the United States and Canada and 
between the United States and Mexico. The Secretary of the Treasury and 
the Attorney General, in cooperation with Amtrak, shall maintain, 
consistent with the effective enforcement of the immigration and 
customs laws, en route customs inspection and immigration procedures 
for international intercity rail passenger transportation that will--
        (1) be convenient for passengers; and
        (2) result in the quickest possible international intercity 
    rail passenger transportation.

          CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

Sec.
24901.  Definitions.
24902.  Goals and requirements.
24903.  Program master plan for Boston-New York main line.
24904.  General authority.
24905.  Coordination board and safety committee.
24906.  Eliminating highway at-grade crossings.
24907.  Note and mortgage.
24908.  Transfer taxes and levies and recording charges.
24909.  Authorization of appropriations.

Sec. 24901. Definitions

    In this chapter--
        (1) ``final system plan'' means the final system plan 
    (including additions) adopted by the United States Railway 
    Association under the Regional Rail Reorganization Act of 1973 (45 
    U.S.C. 701 et seq.).
        (2) ``rail carrier'' means an express carrier and a rail 
    carrier as defined in section 10102 of this title, including 
    Amtrak.

Sec. 24902. Goals and requirements

    (a) Northeast Corridor Improvement Plan.--To the extent of amounts 
appropriated under section 24909 of this title, Amtrak shall carry out 
a Northeast Corridor improvement program to achieve the following 
goals:
        (1) establish not later than September 30, 1985, regularly 
    scheduled and dependable intercity rail passenger transportation 
    between--
            (A) Boston, Massachusetts, and New York, New York, in not 
        more than 3 hours and 40 minutes, including intermediate stops; 
        and
            (B) New York, New York, and the District of Columbia, in 
        not more than 2 hours and 40 minutes, including intermediate 
        stops;
        (2) improve facilities, under route criteria approved by 
    Congress, on routes to Harrisburg, Pennsylvania, Albany, New York, 
    and Atlantic City, New Jersey, from the Northeast Corridor main 
    line, and to Boston, Massachusetts, and New Haven, Connecticut, 
    from Springfield, Massachusetts, to make those facilities more 
    compatible with improved high-speed transportation provided on the 
    Northeast Corridor main line;
        (3) improve nonoperational parts of stations, related 
    facilities, and fencing used in intercity rail passenger 
    transportation;
        (4) facilitate improvements in, and usage of, commuter rail 
    passenger, rail rapid transit, and local public transportation, to 
    the extent compatible with clauses (1)-(3) of this subsection and 
    subsections (f) and (h) of this section;
        (5) maintain and improve rail freight transportation in or 
    adjacent to the Northeast Corridor and through-freight 
    transportation in the Northeast Corridor, to the extent compatible 
    with clauses (1)-(4) of this subsection and subsections (f) and (h) 
    of this section;
        (6) continue and improve passenger radio mobile telephone 
    service on high-speed rail passenger transportation between Boston, 
    Massachusetts, and the District of Columbia, to the extent 
    compatible with clauses (1)-(3) of this subsection and subsections 
    (f) and (h) of this section; and
        (7) eliminate to the maximum extent practicable congestion in 
    rail freight and rail passenger transportation at the Baltimore and 
    Potomac Tunnel in Baltimore, Maryland, by rehabilitating and 
    improving the tunnel and the rail lines approaching the tunnel.
    (b) Managing Costs and Revenues.--Amtrak shall manage its operating 
costs, pricing policies, and other factors with the goal of having 
revenues derived each fiscal year from providing intercity rail 
passenger transportation over the Northeast Corridor route between the 
District of Columbia and Boston, Massachusetts, equal at least the 
operating costs of providing that transportation in that fiscal year.
    (c) Cost Sharing for Nonoperational Facilities.--(1) Fifty percent 
of the cost of improvements under subsection (a)(3) of this section 
shall be paid by a State, local or regional transportation authority or 
other responsible party. However, Amtrak may finance entirely a safety-
related improvement.
    (2) When a part of the cost of improvements under subsection (a)(3) 
of this section will be paid by a responsible party under paragraph (1) 
of this subsection, Amtrak may make an agreement with the party under 
which Amtrak--
        (A) shall carry out the improvements with amounts appropriated 
    under section 24909 of this title and the party shall reimburse 
    Amtrak; and
        (B) to the extent provided in an appropriation law, may incur 
    obligations for contracts to carry out the improvements in 
    anticipation of reimbursement.
    (3) Amounts reimbursed to Amtrak under paragraph (2) of this 
subsection shall be credited to the appropriation originally charged 
for the cost of the improvements and are available for further 
obligation.
    (d) Passenger Radio Mobile Telephone Service.--The President and 
departments, agencies, and instrumentalities of the United States 
Government shall assist Amtrak under subsection (a)(6) of this section, 
subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and 
radio services standards, when the Federal Communications Commission 
decides the assistance is in the public interest, convenience, and 
necessity.
    (e) Priorities in Selecting and Scheduling Projects.--When 
selecting and scheduling specific projects, Amtrak shall apply the 
following considerations, in the following order of priority:
        (1) Safety-related items should be completed before other items 
    because the safety of the passengers and users of the Northeast 
    Corridor is paramount.
        (2) Activities that benefit the greatest number of passengers 
    should be completed before activities involving fewer passengers.
        (3) Reliability of intercity rail passenger transportation must 
    be emphasized.
        (4) Trip-time requirements of this section must be achieved to 
    the extent compatible with the priorities referred to in paragraphs 
    (1)-(3) of this subsection.
        (5) Improvements that will pay for the investment by achieving 
    lower operating or maintenance costs should be carried out before 
    other improvements.
        (6) Construction operations should be scheduled so that the 
    fewest possible passengers are inconvenienced, transportation is 
    maintained, and the on-time performance of Northeast Corridor 
    commuter rail passenger and rail freight transportation is 
    optimized.
        (7) Planning should focus on completing activities that will 
    provide immediate benefits to users of the Northeast Corridor.
    (f) Compatibility With Future Improvements and Production of 
Maximum Labor Benefits.--Improvements under this section shall be 
compatible with future improvements in transportation and shall produce 
the maximum labor benefit from hiring individuals presently unemployed.
    (g) Automatic Train Control Systems.--A train operating on the 
Northeast Corridor main line or between the main line and Atlantic City 
shall be equipped with an automatic train control system designed to 
slow or stop the train in response to an external signal.
    (h) High-Speed Transportation.--If practicable, Amtrak shall 
establish intercity rail passenger transportation in the Northeast 
Corridor that carries out section 703(1)(E) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210, 90 
Stat. 121).
    (i) Equipment Development.--Amtrak shall develop economical and 
reliable equipment compatible with track, operating, and marketing 
characteristics of the Northeast Corridor, including the capability to 
meet reliable trip times under section 703(1)(E) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210, 90 
Stat. 121) in regularly scheduled revenue transportation in the 
Corridor, when the Northeast Corridor improvement program is completed. 
Amtrak must decide that equipment complies with this subsection before 
buying equipment with financial assistance of the Government. Amtrak 
shall submit a request for an authorization of appropriations for 
production of the equipment.
    (j) Agreements for Off-Corridor Routing of Rail Freight 
Transportation.--(1) Amtrak may make an agreement with a rail freight 
carrier or a regional transportation authority under which the carrier 
will carry out an alternate off-corridor routing of rail freight 
transportation over rail lines in the Northeast Corridor between the 
District of Columbia and New York metropolitan areas, including 
intermediate points. The agreement shall be for at least 5 years.
    (2) Amtrak shall apply to the Interstate Commerce Commission for 
approval of the agreement and all related agreements accompanying the 
application as soon as the agreement is made. If the Commission finds 
that approval is necessary to carry out this chapter, the Commission 
shall approve the application and related agreements not later than 90 
days after receiving the application.
    (3) If an agreement is not made under paragraph (1) of this 
subsection, Amtrak, with the consent of the other parties, may apply to 
the Interstate Commerce Commission. Not later than 90 days after the 
application, the Commission shall decide on the terms of an agreement 
if it decides that doing so is necessary to carry out this chapter. The 
decision of the Commission is binding on the other parties.
    (k) Coordination.--(1) The Secretary of Transportation shall 
coordinate--
        (A) transportation programs related to the Northeast Corridor 
    to ensure that the programs are integrated and consistent with the 
    Northeast Corridor improvement program; and
        (B) amounts from departments, agencies, and instrumentalities 
    of the Government to achieve urban redevelopment and revitalization 
    in the vicinity of urban rail stations in the Northeast Corridor 
    served by intercity and commuter rail passenger transportation.
    (2) If the Secretary finds significant noncompliance with this 
section, the Secretary may deny financing to a noncomplying program 
until the noncompliance is corrected.
    (l) Completion.--Amtrak shall give the highest priority to 
completing the program.

Sec. 24903. Program master plan for Boston-New York main line

    (a) Contents.--Not later than October 27, 1993, in consultation 
with Amtrak and the commuter and freight rail carriers operating over 
the Northeast Corridor main line between Boston, Massachusetts, and New 
York, New York, the Secretary of Transportation shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
program master plan for a coordinated program of improvements to that 
main line that will allow the establishment of regularly scheduled, 
safe, and dependable rail passenger transportation between Boston, 
Massachusetts, and New York, New York, in not more than 3 hours, 
including intermediate stops. The plan shall include--
        (1) a description of the implications of the improvements for 
    the regional transportation system, including the probable effects 
    on general travel trends and on travel volumes in other 
    transportation modes and the implications for State and local 
    governments in achieving compliance with the Clean Air Act (42 
    U.S.C. 7401 et seq.);
        (2) an identification of the coordinated program of 
    improvements and the specific projects of that program, including 
    the estimated costs, schedules, timing, and relationship of those 
    projects with other projects;
        (3) an identification of the financial responsibility for the 
    specific projects of that program and the sources of the amounts 
    for the projects;
        (4) an operating plan for the construction period of the 
    improvements that shows a coordinated approach to scheduling 
    intercity and commuter trains;
        (5) an operating plan for the coordinated scheduling of 
    intercity and commuter trains for the period after the program is 
    completed, including priority scheduling, dispatching, and 
    occupancy of tracks for appropriately frequent, regularly scheduled 
    intercity rail passenger transportation between Boston, 
    Massachusetts, and New York, New York, in not more than 3 hours, 
    including intermediate stops;
        (6) a comprehensive plan to control future congestion in the 
    Northeast Corridor attributable to increases in intercity and 
    commuter rail passenger transportation;
        (7) an assessment of long-term operational safety needs and a 
    list of specific projects designed to maximize operational safety; 
    and
        (8) comments that Amtrak submits to the Secretary on the plan.
    (b) Submitting Modifications of Plan to Congress.--The Secretary 
shall submit to Congress any modification made to the program master 
plan and comments that Amtrak submits on the modification.

Sec. 24904. General authority

    (a) General.--To carry out this chapter and the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may--
        (1) acquire, maintain, and dispose of any interest in property 
    used to provide improved high-speed rail transportation under 
    section 24902 of this title;
        (2) acquire any interest in real property that Amtrak considers 
    necessary to carry out the goals of section 24902;
        (3) provide for rail freight, intercity rail passenger, and 
    commuter rail passenger transportation over property acquired under 
    this section;
        (4) improve rail rights of way between Boston, Massachusetts, 
    and the District of Columbia (including the route through 
    Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, 
    and Albany, New York, from the Northeast Corridor main line) to 
    achieve the goals of section 24902 of providing improved high-speed 
    rail passenger transportation between Boston, Massachusetts, and 
    the District of Columbia, and intermediate intercity markets;
        (5) acquire, build, improve, and install passenger stations, 
    communications and electric power facilities and equipment, public 
    and private highway and pedestrian crossings, and other facilities 
    and equipment necessary to provide improved high-speed rail 
    passenger transportation over rights of way improved under clause 
    (4) of this subsection;
        (6) make agreements with other carriers and commuter 
    authorities to grant, acquire, or make arrangements for rail 
    freight or commuter rail passenger transportation over, rights of 
    way and facilities acquired under the Regional Rail Reorganization 
    Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad Revitalization 
    and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.);
        (7) appoint a general manager of the Northeast Corridor 
    improvement program; and
        (8) make agreements with telecommunications common carriers, 
    subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), 
    to continue existing, and establish new and improved, passenger 
    radio mobile telephone service in the high-speed rail passenger 
    transportation area specified in section 24902(a)(1) and (2).
    (b) Compensatory Agreements.--Rail freight and commuter rail 
passenger transportation provided under subsection (a)(3) of this 
section shall be provided under compensatory agreements with the 
responsible carriers.
    (c) Compensation for Transportation Over Certain Rights of Way and 
Facilities.--(1) An agreement under subsection (a)(6) of this section 
shall provide for reasonable reimbursement of costs but may not cross-
subsidize intercity rail passenger, commuter rail passenger, and rail 
freight transportation.
    (2) If the parties do not agree, the Interstate Commerce Commission 
shall order that the transportation continue over facilities acquired 
under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et 
seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976 
(45 U.S.C. 801 et seq.) and shall determine compensation (without 
allowing cross-subsidization between intercity rail passenger and rail 
freight transportation) for the transportation not later than 120 days 
after the dispute is submitted. The Commission shall assign to a rail 
freight carrier obtaining transportation under this subsection the 
costs Amtrak incurs only for the benefit of the carrier, plus a 
proportionate share of all other costs of providing transportation 
under this paragraph incurred for the common benefit of Amtrak and the 
carrier. The proportionate share shall be based on relative measures of 
volume of car operations, tonnage, or other factors that reasonably 
reflect the relative use of rail property covered by this subsection.
    (3) This subsection does not prevent the parties from making an 
agreement under subsection (a)(6) of this section after the Commission 
makes a decision under this subsection.

Sec. 24905. Coordination board and safety committee

    (a) Northeast Corridor Coordination Board.--(1) The Northeast 
Corridor Coordination Board is composed of the following members:
        (A) one individual from each commuter authority (as defined in 
    section 1135(a) of the Omnibus Budget Reconciliation Act of 1981 
    (45 U.S.C. 1104)) that provides or makes a contract to provide 
    commuter rail passenger transportation over the main line of the 
    Northeast Corridor.
        (B) 2 individuals selected by Amtrak.
        (C) one individual selected by the Consolidated Rail 
    Corporation.
    (2) The Board shall recommend to Amtrak--
        (A) policies that ensure equitable access to the Northeast 
    Corridor, considering the need for equitable access by commuter and 
    intercity rail passenger transportation and the requirements of 
    section 24308(c) of this title; and
        (B) equitable policies for the Northeast Corridor related to--
            (i) dispatching;
            (ii) public information;
            (iii) maintaining equipment and facilities;
            (iv) major capital facility investments; and
            (v) harmonizing equipment acquisitions, rates, and 
        schedules.
    (3) The Board may recommend to the board of directors and President 
of Amtrak action necessary to resolve differences on providing 
transportation, except for facilities and transportation matters under 
section 24308(a) or 24904(a)(5) and (c) of this title.
    (b) Northeast Corridor Safety Committee.--(1) The Northeast 
Corridor Safety Committee is composed of members appointed by the 
Secretary of Transportation. The members shall be representatives of--
        (A) the Secretary;
        (B) Amtrak;
        (C) freight carriers operating more than 150,000 train miles a 
    year on the main line of the Northeast Corridor;
        (D) commuter agencies;
        (E) rail passengers;
        (F) rail labor; and
        (G) other individuals and organizations the Secretary decides 
    have a significant interest in rail safety.
    (2) The Secretary shall consult with the Committee about safety 
improvements on the Northeast Corridor main line. The Committee shall 
meet at least once every 2 years to consider safety matters on the main 
line.
    (3) At the beginning of the first session of each Congress, the 
Secretary shall submit a report to Congress on the status of efforts to 
improve safety on the Northeast Corridor main line. The report shall 
include the safety recommendations of the Committee and the comments of 
the Secretary on those recommendations.
    (4) The Committee shall cease to exist on January 1, 1999, or on 
another date the Secretary decides is appropriate. The Secretary shall 
notify Congress in writing of a decision to terminate the Committee on 
another date.

Sec. 24906. Eliminating highway at-grade crossings

    (a) Plan.--In consultation with the States on the main line of the 
Northeast Corridor, the Secretary of Transportation shall develop a 
plan not later than September 30, 1993, to eliminate all highway at-
grade crossings of the main line by not later than December 31, 1997. 
The plan may provide that eliminating a crossing is not required if--
        (1) impracticable or unnecessary; and
        (2) using the crossing is consistent with conditions the 
    Secretary considers appropriate to ensure safety.
    (b) Amtrak's Share of Costs.--Amtrak shall pay 20 percent of the 
cost of eliminating each highway at-grade crossing under the plan.

Sec. 24907. Note and mortgage

    (a) General Authority.--To secure amounts expended by the United 
States Government to acquire and improve rail property designated under 
section 206(c)(1)(C) and (D) of the Regional Rail Reorganization Act of 
1973 (45 U.S.C. 716(c)(1)(C) and (D)), the Secretary of Transportation 
may obtain a note of indebtedness from, and make a mortgage agreement 
with, Amtrak to establish a mortgage lien on the property for the 
Government. The note and mortgage may not supersede section 24904 of 
this title.
    (b) Exemptions From Laws and Regulations.--The note and agreement 
under subsection (a) of this section, and a transaction related to the 
note or agreement, are exempt from any United States, State, or local 
law or regulation that regulates securities or the issuance of 
securities. The note, agreement, or transaction under this section has 
the same immunities from other laws that section 601 of the Act (45 
U.S.C. 791) gives to transactions that comply with or carry out the 
final system plan. The transfer of rail property because of the note, 
agreement, or transaction has the same exemptions, privileges, and 
immunities that the Act (45 U.S.C. 701 et seq.) gives to a transfer 
ordered or approved by the special court under section 303(b) of the 
Act (45 U.S.C. 743(b)).
    (c) Immunity From Liability and Indemnification.--Amtrak, its board 
of directors, and its individual directors are not liable because 
Amtrak has given or issued the note or agreement to the Government 
under subsection (a) of this section. Immunity granted under this 
subsection also applies to a transaction related to the note or 
agreement. The Government shall indemnify Amtrak, its board, and 
individual directors against costs and expenses actually and reasonably 
incurred in defending a civil action testing the validity of the note, 
agreement, or transaction.

Sec. 24908. Transfer taxes and levies and recording charges

    A transfer of an interest in rail property under this chapter is 
exempt from a tax or levy related to the transfer that is imposed by 
the United States Government, a State, or a political subdivision of a 
State. On payment of the appropriate and generally applicable charge 
for the service performed, a transferee or transferor may record an 
instrument and, consistent with the final system plan, the release or 
removal of a pre-existing lien or encumbrance of record related to the 
interest transferred.

Sec. 24909. Authorization of appropriations

    (a) General.--(1) Not more than $2,313,000,000 may be appropriated 
to the Secretary of Transportation to achieve the goals of section 
24902(a)(1) of this title. From this amount, the following amounts 
shall be expended by Amtrak:
        (A) at least $27,000,000 for equipment modification and 
    replacement that a State or a local or regional transportation 
    authority must bear because of the electrification conversion 
    system of the Northeast Corridor under this chapter.
        (B) $30,000,000--
            (i) to improve the main line track between the Northeast 
        Corridor main line and Atlantic City, New Jersey, to ensure 
        that the track, consistent with a plan New Jersey developed in 
        consultation with Amtrak to provide rail passenger 
        transportation between the Northeast Corridor main line and 
        Atlantic City, New Jersey, would be of sufficient quality to 
        allow safe rail passenger transportation at a minimum of 79 
        miles an hour not later than September 30, 1985; and
            (ii) to promote rail passenger use of the track.
        (C) necessary amounts to--
            (i) develop Union Station in the District of Columbia;
            (ii) install 189 track-miles, and renew 133 track-miles, of 
        concrete ties with continuously welded rail between the 
        District of Columbia and New York, New York;
            (iii) install reverse signaling between Philadelphia, 
        Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 
        track;
            (iv) restore ditch drainage in concrete tie locations 
        between the District of Columbia and New York, New York;
            (v) undercut 83 track-miles between the District of 
        Columbia and New York, New York;
            (vi) rehabilitate bridges between the District of Columbia 
        and New York, New York (including Hi line);
            (vii) develop a maintenance of way equipment repair 
        facility between the District of Columbia and New York, New 
        York, and build maintenance of way bases at Philadelphia, 
        Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut;
            (viii) stabilize the roadbed between the District of 
        Columbia and New York, New York;
            (ix) automate the Bush River Drawbridge at milepost 72.14;
            (x) improve the New York Service Facility to develop 
        rolling stock repair capability;
            (xi) install a rail car washer facility at Philadelphia, 
        Pennsylvania;
            (xii) restore storage tracks and buildings at the 
        Washington Service Facility;
            (xiii) install centralized traffic control from Landlith, 
        Delaware, to Philadelphia, Pennsylvania;
            (xiv) improve track, including high speed surfacing, 
        ballast cleaning, and associated equipment repair and material 
        distribution;
            (xv) rehabilitate interlockings between the District of 
        Columbia and New York, New York;
            (xvi) paint the Connecticut River, Groton, and Pelham Bay 
        bridges;
            (xvii) provide additional catenary renewal and power supply 
        upgrading between the District of Columbia and New York, New 
        York;
            (xviii) rehabilitate structural, electrical, and mechanical 
        systems at the 30th Street Station in Philadelphia, 
        Pennsylvania;
            (xix) install evacuation and fire protection facilities in 
        tunnels in New York, New York;
            (xx) improve the communication and signal systems between 
        Wilmington, Delaware, and Boston, Massachusetts, on the 
        Northeast Corridor main line, and between Philadelphia, 
        Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg 
        Line;
            (xxi) improve the electric traction systems between 
        Wilmington, Delaware, and Newark, New Jersey;
            (xxii) install baggage rack restraints, seat back guards, 
        and seat lock devices on 348 passenger cars operating in the 
        Northeast Corridor;
            (xxiii) install 44 event recorders and 10 electronic 
        warning devices on locomotives operating within the Northeast 
        Corridor; and
            (xxiv) acquire cab signal test boxes and install 9 wayside 
        loop code transmitters for use within the Northeast Corridor.
    (2) The following additional amounts may be appropriated to the 
Secretary for expenditure by Amtrak:
        (A) not more than $150,000,000 to achieve the goal of section 
    24902(a)(3) of this title.
        (B) not more than $120,000,000 to acquire interests in property 
    in the Northeast Corridor.
        (C) not more than $650,000 to develop and use mobile radio 
    frequencies for passenger radio mobile telephone service on high-
    speed rail passenger transportation.
        (D) not more than $20,000,000 to acquire and improve interests 
    in rail property designated under section 206(c)(1)(D) of the 
    Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
        (E) not more than $37,000,000 to carry out section 24902(a)(7) 
    and (j) of this title.
    (b) Emergency Maintenance.--Not more than $25,000,000 of the amount 
appropriated under the Act of February 28, 1975 (Public Law 94-6, 89 
Stat. 11), may be used by Amtrak for emergency maintenance on rail 
property designated under section 206(c)(1)(C) of the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C)).
    (c) Priority in Using Certain Amounts.--Amounts appropriated under 
subsection (a)(2)(B) and (D) of this section shall be used first to 
repay, with interest, obligations guaranteed under section 602 of the 
Rail Passenger Service Act, if the proceeds of those obligations were 
used to pay the expenses of acquiring interests in property referred to 
in subsection (a)(2)(B) and (D).
    (d) Prohibition on Subsidizing Commuter and Freight Operating 
Losses.--Amounts appropriated under this section may not be used to 
subsidize operating losses of commuter rail or rail freight 
transportation.
    (e) Substituting and Deferring Certain Improvements.--(1) A project 
for which amounts are authorized under subsection (a)(1)(C) of this 
section is a part of the Northeast Corridor improvement program and is 
not a substitute for improvements specified in the document ``Corridor 
Master Plan II, NECIP Restructured Program'' of January, 1982. However, 
Amtrak may defer the project to carry out the improvement and 
rehabilitation for which amounts are authorized under subsection 
(a)(1)(B) of this section. The total cost of the project that Amtrak 
defers may not be substantially more than the amount Amtrak is required 
to expend or reserve under subsection (a)(1)(B).
    (2) Section 24902 of this title is deemed not to be fulfilled until 
the projects under subsection (a)(1)(C) of this section are completed.
    (f) Availability of Amounts.--Amounts appropriated under subsection 
(a)(1) and (2)(A) and (C)-(E) of this section remain available until 
expended.
    (g) Authorizations Increased by Prior Year Deficiencies.--An amount 
greater than that authorized for a fiscal year may be appropriated to 
the extent that the amount appropriated for any prior fiscal year is 
less than the amount authorized for that year.

                         PART D--MISCELLANEOUS

                      CHAPTER 261--LAW ENFORCEMENT

Sec.
26101.  Rail police officers.
26102.  Limit on certain accident or incident liability.

Sec. 26101. Rail police officers

    Under regulations prescribed by the Secretary of Transportation, a 
rail police officer who is employed by a rail carrier and certified or 
commissioned as a police officer under the laws of a State may enforce 
the laws of any jurisdiction in which the rail carrier owns property, 
to the extent of the authority of a police officer certified or 
commissioned under the laws of that jurisdiction, to protect--
        (1) employees, passengers, or patrons of the rail carrier;
        (2) property, equipment, and facilities owned, leased, 
    operated, or maintained by the rail carrier;
        (3) property moving in interstate or foreign commerce in the 
    possession of the rail carrier; and
        (4) personnel, equipment, and material moving by rail that are 
    vital to the national defense.

Sec. 26102. Limit on certain accident or incident liability

    (a) General.--When a publicly financed commuter transportation 
authority established under Virginia law makes a contract to indemnify 
Amtrak for liability for operations conducted by or for the authority 
or to indemnify a rail carrier over whose tracks those operations are 
conducted, liability against Amtrak, the authority, or the carrier for 
all claims (including punitive damages) arising from an accident or 
incident in the District of Columbia related to those operations may 
not be more than the limits of the liability coverage the authority 
maintains to indemnify Amtrak or the carrier.
    (b) Minimum Required Liability Coverage.--A publicly financed 
commuter transportation authority referred to in subsection (a) of this 
section must maintain a total minimum liability coverage of at least 
$200,000,000.
    (c) Effectiveness.--This section is effective only after Amtrak or 
a rail carrier seeking an indemnification contract under this section 
makes an operating agreement with a publicly financed commuter 
transportation authority established under Virginia law to provide 
access to its property for revenue transportation related to the 
operations of the authority.

             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

                             PART A--GENERAL

Chapter                                                             Sec.

MOTOR VEHICLE SAFETY...............................................30101
NATIONAL DRIVER REGISTER...........................................30301
NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM.......................30501

                           PART B--COMMERCIAL

COMMERCIAL MOTOR VEHICLE SAFETY....................................31101
COMMERCIAL MOTOR VEHICLE OPERATORS.................................31301
MOTOR CARRIER SAFETY...............................................31501
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL 
TAX AGREEMENT......................................................31701

            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS

GENERAL............................................................32101
CONSUMER INFORMATION...............................................32301
BUMPER STANDARDS...................................................32501
ODOMETERS..........................................................32701
AUTOMOBILE FUEL ECONOMY............................................32901
THEFT PREVENTION...................................................33101

                            PART A--GENERAL

                   CHAPTER 301--MOTOR VEHICLE SAFETY

                          SUBCHAPTER I--GENERAL

Sec.
30101.  Purpose and policy.
30102.  Definitions.
30103.  Relationship to other laws.
30104.  Authorization of appropriations.

                 SUBCHAPTER II--STANDARDS AND COMPLIANCE

30111.  Standards.
30112.  Prohibitions on manufacturing, selling, and importing 
          noncomplying motor vehicles and equipment.
30113.  General exemptions.
30114.  Special exemptions.
30115.  Certification of compliance.
30116.  Defects and noncompliance found before sale to purchaser.
30117.  Providing information to, and maintaining records on, 
          purchasers.
30118.  Notification of defects and noncompliance.
30119.  Notification procedures.
30120.  Remedies for defects and noncompliance.
30121.  Provisional notification and civil actions to enforce.
30122.  Making safety devices and elements inoperative.
30123.  Tires.
30124.  Buzzers indicating nonuse of safety belts.
30125.  Schoolbuses and schoolbus equipment.
30126.  Used motor vehicles.
30127.  Automatic occupant crash protection and seat belt use.

   SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

30141.  Importing motor vehicles capable of complying with standards.
30142.  Importing motor vehicles for personal use.
30143.  Motor vehicles imported by individuals employed outside the 
          United States.
30144.  Importing motor vehicles on a temporary basis.
30145.  Importing motor vehicles or equipment requiring further 
          manufacturing.
30146.  Release of motor vehicles and bonds.
30147.  Responsibility for defects and noncompliance.

              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE

30161.  Judicial review of standards.
30162.  Petitions by interested persons for standards and enforcement.
30163.  Actions by the Attorney General.
30164.  Service of process.
30165.  Civil penalty.
30166.  Inspections, investigations, and records.
30167.  Disclosure of information by the Secretary of Transportation.
30168.  Research, testing, development, and training.
30169.  Annual reports.

                         SUBCHAPTER I--GENERAL

Sec. 30101. Purpose and policy

    The purpose of this chapter is to reduce traffic accidents and 
deaths and injuries resulting from traffic accidents. Therefore it is 
necessary--
        (1) to prescribe motor vehicle safety standards for motor 
    vehicles and motor vehicle equipment in interstate commerce; and
        (2) to carry out needed safety research and development.

Sec. 30102. Definitions

    (a) General Definitions.--In this chapter--
        (1) ``dealer'' means a person selling and distributing new 
    motor vehicles or motor vehicle equipment primarily to purchasers 
    that in good faith purchase the vehicles or equipment other than 
    for resale.
        (2) ``defect'' includes any defect in performance, 
    construction, a component, or material of a motor vehicle or motor 
    vehicle equipment.
        (3) ``distributor'' means a person primarily selling and 
    distributing motor vehicles or motor vehicle equipment for resale.
        (4) ``interstate commerce'' means commerce between a place in a 
    State and a place in another State or between places in the same 
    State through another State.
        (5) ``manufacturer'' means a person--
            (A) manufacturing or assembling motor vehicles or motor 
        vehicle equipment; or
            (B) importing motor vehicles or motor vehicle equipment for 
        resale.
        (6) ``motor vehicle'' means a vehicle driven or drawn by 
    mechanical power and manufactured primarily for use on public 
    streets, roads, and highways, but does not include a vehicle 
    operated only on a rail line.
        (7) ``motor vehicle equipment'' means--
            (A) any system, part, or component of a motor vehicle as 
        originally manufactured;
            (B) any similar part or component manufactured or sold for 
        replacement or improvement of a system, part, or component, or 
        as an accessory or addition to a motor vehicle; or
            (C) any device or an article or apparel (except medicine or 
        eyeglasses prescribed by a licensed practitioner) that is not a 
        system, part, or component of a motor vehicle and is 
        manufactured, sold, delivered, offered, or intended to be used 
        only to safeguard motor vehicles and highway users against risk 
        of accident, injury, or death.
        (8) ``motor vehicle safety'' means the performance of a motor 
    vehicle or motor vehicle equipment in a way that protects the 
    public against unreasonable risk of accidents occurring because of 
    the design, construction, or performance of a motor vehicle, and 
    against unreasonable risk of death or injury in an accident, and 
    includes nonoperational safety of a motor vehicle.
        (9) ``motor vehicle safety standard'' means a minimum standard 
    for motor vehicle or motor vehicle equipment performance.
        (10) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
    American Samoa, and the Virgin Islands.
        (11) ``United States district court'' means a district court of 
    the United States, a United States court for Guam, the Virgin 
    Islands, and American Samoa, and the district court for the 
    Northern Mariana Islands.
    (b) Limited Definitions.--(1) In sections 30117(b), 30118-30121, 
and 30166(f) of this title--
        (A) ``adequate repair'' does not include repair resulting in 
    substantially impaired operation of a motor vehicle or motor 
    vehicle equipment;
        (B) ``first purchaser'' means the first purchaser of a motor 
    vehicle or motor vehicle equipment other than for resale;
        (C) ``original equipment'' means motor vehicle equipment 
    (including a tire) installed in or on a motor vehicle at the time 
    of delivery to the first purchaser;
        (D) ``replacement equipment'' means motor vehicle equipment 
    (including a tire) that is not original equipment;
        (E) a brand name owner of a tire marketed under a brand name 
    not owned by the manufacturer of the tire is deemed to be the 
    manufacturer of the tire;
        (F) a defect in original equipment, or noncompliance of 
    original equipment with a motor vehicle safety standard prescribed 
    under this chapter, is deemed to be a defect or noncompliance of 
    the motor vehicle in or on which the equipment was installed at the 
    time of delivery to the first purchaser;
        (G) a manufacturer of a motor vehicle in or on which original 
    equipment was installed when delivered to the first purchaser is 
    deemed to be the manufacturer of the equipment; and
        (H) a retreader of a tire is deemed to be the manufacturer of 
    the tire.
    (2) The Secretary of Transportation may prescribe regulations 
changing paragraph (1)(C), (D), (F), or (G) of this subsection.

Sec. 30103. Relationship to other laws

    (a) Uniformity of Regulations.--The Secretary of Transportation may 
not prescribe a safety regulation related to a motor vehicle subject to 
subchapter II of chapter 105 of this title that differs from a motor 
vehicle safety standard prescribed under this chapter. However, the 
Secretary may prescribe, for a motor vehicle operated by a carrier 
subject to subchapter II of chapter 105, a safety regulation that 
imposes a higher standard of performance after manufacture than that 
required by an applicable standard in effect at the time of 
manufacture.
    (b) Preemption.--(1) When a motor vehicle safety standard is in 
effect under this chapter, a State or a political subdivision of a 
State may prescribe or continue in effect a standard applicable to the 
same aspect of performance of a motor vehicle or motor vehicle 
equipment only if the standard is identical to the standard prescribed 
under this chapter. However, the United States Government, a State, or 
a political subdivision of a State may prescribe a standard for a motor 
vehicle or motor vehicle equipment obtained for its own use that 
imposes a higher performance requirement than that required by the 
otherwise applicable standard under this chapter.
    (2) A State may enforce a standard that is identical to a standard 
prescribed under this chapter.
    (c) Antitrust Laws.--This chapter does not--
        (1) exempt from the antitrust laws conduct that is unlawful 
    under those laws; or
        (2) prohibit under the antitrust laws conduct that is lawful 
    under those laws.
    (d) Warranty Obligations and Additional Legal Rights and 
Remedies.--Sections 30117(b), 30118-30121, 30166(f), and 30167(a) and 
(b) of this title do not establish or affect a warranty obligation 
under a law of the United States or a State. A remedy under those 
sections and sections 30161 and 30162 of this title is in addition to 
other rights and remedies under other laws of the United States or a 
State.
    (e) Common Law Liability.--Compliance with a motor vehicle safety 
standard prescribed under this chapter does not exempt a person from 
liability at common law.

Sec. 30104. Authorization of appropriations

    The following amounts may be appropriated to the Secretary of 
Transportation for the National Highway Traffic Safety Administration 
to carry out this chapter:
        (1) $71,333,436 for the fiscal year ending September 30, 1993.
        (2) $74,044,106 for the fiscal year ending September 30, 1994.
        (3) $76,857,782 for the fiscal year ending September 30, 1995.

                SUBCHAPTER II--STANDARDS AND COMPLIANCE

Sec. 30111. Standards

    (a) General Requirements.--The Secretary of Transportation shall 
prescribe motor vehicle safety standards. Each standard shall be 
practicable, meet the need for motor vehicle safety, and be stated in 
objective terms.
    (b) Considerations and Consultation.--When prescribing a motor 
vehicle safety standard under this chapter, the Secretary shall--
        (1) consider relevant available motor vehicle safety 
    information;
        (2) consult with the agency established under the Act of August 
    20, 1958 (Public Law 85-684, 72 Stat. 635), and other appropriate 
    State or interstate authorities (including legislative committees);
        (3) consider whether a proposed standard is reasonable, 
    practicable, and appropriate for the particular type of motor 
    vehicle or motor vehicle equipment for which it is prescribed; and
        (4) consider the extent to which the standard will carry out 
    section 30101 of this title.
    (c) Cooperation.--The Secretary may advise, assist, and cooperate 
with departments, agencies, and instrumentalities of the United States 
Government, States, and other public and private agencies in developing 
motor vehicle safety standards.
    (d) Effective Dates of Standards.--The Secretary shall specify the 
effective date of a motor vehicle safety standard prescribed under this 
chapter in the order prescribing the standard. A standard may not 
become effective before the 180th day after the standard is prescribed 
or later than one year after it is prescribed. However, the Secretary 
may prescribe a different effective date after finding, for good cause 
shown, that a different effective date is in the public interest and 
publishing the reasons for the finding.
    (e) 5-Year Plan for Testing Standards.--The Secretary shall 
establish and periodically review and update on a continuing basis a 5-
year plan for testing motor vehicle safety standards prescribed under 
this chapter that the Secretary considers capable of being tested. In 
developing the plan and establishing testing priorities, the Secretary 
shall consider factors the Secretary considers appropriate, consistent 
with section 30101 of this title and the Secretary's other duties and 
powers under this chapter. The Secretary may change at any time those 
priorities to address matters the Secretary considers of greater 
priority. The initial plan may be the 5-year plan for compliance 
testing in effect on December 18, 1991.

Sec. 30112. Prohibitions on manufacturing, selling, and importing 
            noncomplying motor vehicles and equipment

    (a) General.--Except as provided in this section, sections 30113 
and 30114 of this title, and subchapter III of this chapter, a person 
may not manufacture for sale, sell, offer for sale, introduce or 
deliver for introduction in interstate commerce, or import into the 
United States, any motor vehicle or motor vehicle equipment 
manufactured on or after the date an applicable motor vehicle safety 
standard prescribed under this chapter takes effect unless the vehicle 
or equipment complies with the standard and is covered by a 
certification issued under section 30115 of this title.
    (b) Nonapplication.--This section does not apply to--
        (1) the sale, offer for sale, or introduction or delivery for 
    introduction in interstate commerce of a motor vehicle or motor 
    vehicle equipment after the first purchase of the vehicle or 
    equipment in good faith other than for resale;
        (2) a person--
            (A) establishing that the person had no reason to know, 
        despite exercising reasonable care, that a motor vehicle or 
        motor vehicle equipment does not comply with applicable motor 
        vehicle safety standards prescribed under this chapter; or
            (B) holding, without knowing about the noncompliance and 
        before the vehicle or equipment is first purchased in good 
        faith other than for resale, a certificate issued by a 
        manufacturer or importer stating the vehicle or equipment 
        complies with applicable standards prescribed under this 
        chapter;
        (3) a motor vehicle or motor vehicle equipment intended only 
    for export, labeled for export on the vehicle or equipment and on 
    the outside of any container of the vehicle or equipment, and 
    exported;
        (4) a motor vehicle the Secretary of Transportation decides 
    under section 30141 of this title is capable of complying with 
    applicable standards prescribed under this chapter;
        (5) a motor vehicle imported for personal use by an individual 
    who receives an exemption under section 30142 of this title;
        (6) a motor vehicle under section 30143 of this title imported 
    by an individual employed outside the United States;
        (7) a motor vehicle under section 30144 of this title imported 
    on a temporary basis;
        (8) a motor vehicle or item of motor vehicle equipment under 
    section 30145 of this title requiring further manufacturing; or
        (9) a motor vehicle that is at least 25 years old.

Sec. 30113. General exemptions

    (a) Definition.--In this section, ``low-emission motor vehicle'' 
means a motor vehicle meeting the standards for new motor vehicles 
applicable to the vehicle under section 202 of the Clean Air Act (42 
U.S.C. 7521) when the vehicle is manufactured and emitting an air 
pollutant in an amount significantly below one of those standards.
    (b) Authority To Exempt and Procedures.--(1) The Secretary of 
Transportation may exempt, on a temporary basis, motor vehicles from a 
motor vehicle safety standard prescribed under this chapter on terms 
the Secretary considers appropriate. An exemption may be renewed. A 
renewal may be granted only on reapplication and must conform to the 
requirements of this subsection.
    (2) The Secretary may begin a proceeding under this subsection when 
a manufacturer applies for an exemption or a renewal of an exemption. 
The Secretary shall publish notice of the application and provide an 
opportunity to comment. An application for an exemption or for a 
renewal of an exemption shall be filed at a time and in the way, and 
contain information, this section and the Secretary require.
    (3) The Secretary may act under this subsection on finding that--
        (A) an exemption is consistent with the public interest and 
    this chapter; and
        (B)(i) compliance with the standard would cause substantial 
    economic hardship to a manufacturer that has tried to comply with 
    the standard in good faith;
        (ii) the exemption would make easier the development or field 
    evaluation of a new motor vehicle safety feature providing a safety 
    level at least equal to the safety level of the standard;
        (iii) the exemption would make the development or field 
    evaluation of a low-emission motor vehicle easier and would not 
    unreasonably lower the safety level of that vehicle; or
        (iv) compliance with the standard would prevent the 
    manufacturer from selling a motor vehicle with an overall safety 
    level at least equal to the overall safety level of nonexempt 
    vehicles.
    (c) Contents of Applications.--A manufacturer applying for an 
exemption under subsection (b) of this section shall include the 
following information in the application:
        (1) if the application is made under subsection (b)(3)(B)(i) of 
    this section, a complete financial statement describing the 
    economic hardship and a complete description of the manufacturer's 
    good faith effort to comply with each motor vehicle safety standard 
    prescribed under this chapter from which the manufacturer is 
    requesting an exemption.
        (2) if the application is made under subsection (b)(3)(B)(ii) 
    of this section, a record of the research, development, and testing 
    establishing the innovative nature of the safety feature and a 
    detailed analysis establishing that the safety level of the feature 
    at least equals the safety level of the standard.
        (3) if the application is made under subsection (b)(3)(B)(iii) 
    of this section, a record of the research, development, and testing 
    establishing that the motor vehicle is a low-emission motor vehicle 
    and that the safety level of the vehicle is not lowered 
    unreasonably by exemption from the standard.
        (4) if the application is made under subsection (b)(3)(B)(iv) 
    of this section, a detailed analysis showing how the vehicle 
    provides an overall safety level at least equal to the overall 
    safety level of nonexempt vehicles.
    (d) Eligibility.--A manufacturer is eligible for an exemption under 
subsection (b)(3)(B)(i) of this section only if the Secretary 
determines that the manufacturer's total motor vehicle production in 
the most recent year of production is not more than 10,000. A 
manufacturer is eligible for an exemption under subsection 
(b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary 
determines the exemption is for not more than 2,500 vehicles to be sold 
in the United States in any 12-month period.
    (e) Maximum Period.--An exemption or renewal under subsection 
(b)(3)(B)(i) of this section may be granted for not more than 3 years. 
An exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) 
of this section may be granted for not more than 2 years.
    (f) Disclosure.--The Secretary may make public, by the 10th day 
after an application is filed, information contained in the application 
or relevant to the application unless the information concerns or is 
related to a trade secret or other confidential information not 
relevant to the application.
    (g) Notice of Decision.--The Secretary shall publish in the Federal 
Register a notice of each decision granting an exemption under this 
section and the reasons for granting it.
    (h) Permanent Label Requirement.--The Secretary shall require a 
permanent label to be fixed to a motor vehicle granted an exemption 
under this section. The label shall either name or describe each motor 
vehicle safety standard prescribed under this chapter from which the 
vehicle is exempt. The Secretary may require that written notice of an 
exemption be delivered by appropriate means to the dealer and the first 
purchaser of the vehicle other than for resale.

Sec. 30114. Special exemptions

    The Secretary of Transportation may exempt a motor vehicle or item 
of motor vehicle equipment from section 30112(a) of this title on terms 
the Secretary decides are necessary for research, investigations, 
demonstrations, training, or competitive racing events.

Sec. 30115. Certification of compliance

    A manufacturer or distributor of a motor vehicle or motor vehicle 
equipment shall certify to the distributor or dealer at delivery that 
the vehicle or equipment complies with applicable motor vehicle safety 
standards prescribed under this chapter. A person may not issue the 
certificate if, in exercising reasonable care, the person has reason to 
know the certificate is false or misleading in a material respect. 
Certification of a vehicle must be shown by a label or tag permanently 
fixed to the vehicle. Certification of equipment may be shown by a 
label or tag on the equipment or on the outside of the container in 
which the equipment is delivered.

Sec. 30116. Defects and noncompliance found before sale to purchaser

    (a) Actions Required of Manufacturers and Distributors.--If, after 
a manufacturer or distributor sells a motor vehicle or motor vehicle 
equipment to a distributor or dealer and before the distributor or 
dealer sells the vehicle or equipment, it is decided that the vehicle 
or equipment contains a defect related to motor vehicle safety or does 
not comply with applicable motor vehicle safety standards prescribed 
under this chapter--
        (1) the manufacturer or distributor immediately shall 
    repurchase the vehicle or equipment at the price paid by the 
    distributor or dealer, plus transportation charges and reasonable 
    reimbursement of at least one percent a month of the price paid 
    prorated from the date of notice of noncompliance or defect to the 
    date of repurchase; or
        (2) if a vehicle, the manufacturer or distributor immediately 
    shall give to the distributor or dealer at the manufacturer's or 
    distributor's own expense, the part or equipment needed to make the 
    vehicle comply with the standards or correct the defect.
    (b) Distributor or Dealer Installation.--The distributor or dealer 
shall install the part or equipment referred to in subsection (a)(2) of 
this section. If the distributor or dealer installs the part or 
equipment with reasonable diligence after it is received, the 
manufacturer shall reimburse the distributor or dealer for the 
reasonable value of the installation and a reasonable reimbursement of 
at least one percent a month of the manufacturer's or distributor's 
selling price prorated from the date of notice of noncompliance or 
defect to the date the motor vehicle complies with applicable motor 
vehicle safety standards prescribed under this chapter or the defect is 
corrected.
    (c) Establishing Amount Due and Civil Actions.--The parties shall 
establish the value of installation and the amount of reimbursement 
under this section. If the parties do not agree, or if a manufacturer 
or distributor refuses to comply with subsection (a) or (b) of this 
section, the distributor or dealer purchasing the motor vehicle or 
motor vehicle equipment may bring a civil action. The action may be 
brought in a United States district court for the judicial district in 
which the manufacturer or distributor resides, is found, or has an 
agent, to recover damages, court costs, and a reasonable attorney's 
fee. An action under this section must be brought not later than 3 
years after the claim accrues.

Sec. 30117. Providing information to, and maintaining records on, 
            purchasers

    (a) Providing Information and Notice.--The Secretary of 
Transportation may require that each manufacturer of a motor vehicle or 
motor vehicle equipment provide technical information related to 
performance and safety required to carry out this chapter. The 
Secretary may require the manufacturer to give the following notice of 
that information when the Secretary decides it is necessary:
        (1) to each prospective purchaser of a vehicle or equipment 
    before the first sale other than for resale at each location at 
    which the vehicle or equipment is offered for sale by a person 
    having a legal relationship with the manufacturer, in a way the 
    Secretary decides is appropriate.
        (2) to the first purchaser of a vehicle or equipment other than 
    for resale when the vehicle or equipment is bought, in printed 
    matter placed in the vehicle or attached to or accompanying the 
    equipment.
    (b) Maintaining Purchaser Records and Procedures.--(1) A 
manufacturer of a motor vehicle or tire (except a retreaded tire) shall 
cause to be maintained a record of the name and address of the first 
purchaser of each vehicle or tire it produces and, to the extent 
prescribed by regulations of the Secretary, shall cause to be 
maintained a record of the name and address of the first purchaser of 
replacement equipment (except a tire) that the manufacturer produces. 
The Secretary may prescribe by regulation the records to be maintained 
and reasonable procedures for maintaining the records under this 
subsection, including procedures to be followed by distributors and 
dealers to assist the manufacturer in obtaining the information 
required by this subsection. A procedure shall be reasonable for the 
type of vehicle or tire involved, and shall provide reasonable 
assurance that a customer list of a distributor or dealer, or similar 
information, will be made available to a person (except the distributor 
or dealer) only when necessary to carry out this subsection and 
sections 30118-30121, 30166(f), and 30167(a) and (b) of this title. 
Availability of assistance from a distributor or dealer does not affect 
an obligation of a manufacturer under this subsection.
    (2)(A) Except as provided in paragraph (3) of this subsection, the 
Secretary may require a distributor or dealer to maintain a record 
under paragraph (1) of this subsection only if the business of the 
distributor or dealer is owned or controlled by a manufacturer of 
tires.
    (B) The Secretary shall require each distributor and dealer whose 
business is not owned or controlled by a manufacturer of tires to give 
a registration form (containing the tire identification number) to the 
first purchaser of a tire. The Secretary shall prescribe the form, 
which shall be standardized for all tires and designed to allow the 
purchaser to complete and return it directly to the manufacturer of the 
tire. The manufacturer shall give sufficient copies of forms to 
distributors and dealers.
    (3)(A) The Secretary shall evaluate from time to time how 
successful the procedures under paragraph (2) of this subsection have 
been in helping to maintain records about first purchasers of tires. 
After each evaluation, the Secretary shall decide--
        (i) the extent to which distributors and dealers have complied 
    with the procedures;
        (ii) the extent to which distributors and dealers have 
    encouraged first purchasers of tires to register the tires; and
        (iii) whether to prescribe for manufacturers, distributors, or 
    dealers other requirements that the Secretary decides will increase 
    significantly the percentage of first purchasers of tires about 
    whom records are maintained.
    (B) The Secretary may prescribe a requirement under subparagraph 
(A) of this paragraph only if the Secretary decides it is necessary to 
reduce the risk to motor vehicle safety, after considering--
        (i) the cost of the requirement to manufacturers and the burden 
    of the requirement on distributors and dealers, compared to the 
    increase in the percentage of first purchasers of tires about whom 
    records would be maintained as a result of the requirement;
        (ii) the extent to which distributors and dealers have complied 
    with the procedures in paragraph (2) of this subsection; and
        (iii) the extent to which distributors and dealers have 
    encouraged first purchasers of tires to register the tires.
    (C) A manufacturer of tires shall reimburse distributors and 
dealers of that manufacturer's tires for all reasonable costs incurred 
by the distributors and dealers in complying with a requirement 
prescribed by the Secretary under subparagraph (A) of this paragraph.
    (D) After making a decision under subparagraph (A) of this 
paragraph, the Secretary shall submit to each House of Congress a 
report containing a detailed statement of the decision and an 
explanation of the reasons for the decision.

Sec. 30118. Notification of defects and noncompliance

    (a) Notification by Secretary.--The Secretary of Transportation 
shall notify the manufacturer of a motor vehicle or replacement 
equipment immediately after making an initial decision (through 
testing, inspection, investigation, or research carried out under this 
chapter, examining communications under section 30166(f) of this title, 
or otherwise) that the vehicle or equipment contains a defect related 
to motor vehicle safety or does not comply with an applicable motor 
vehicle safety standard prescribed under this chapter. The notification 
shall include the information on which the decision is based. The 
Secretary shall publish a notice of each decision under this subsection 
in the Federal Register. Subject to section 30167(a) of this title, the 
notification and information are available to any interested person.
    (b) Defect and Noncompliance Proceedings and Orders.--(1) The 
Secretary may make a final decision that a motor vehicle or replacement 
equipment contains a defect related to motor vehicle safety or does not 
comply with an applicable motor vehicle safety standard prescribed 
under this chapter only after giving the manufacturer an opportunity to 
present information, views, and arguments showing that there is no 
defect or noncompliance or that the defect does not affect motor 
vehicle safety. Any interested person also shall be given an 
opportunity to present information, views, and arguments.
    (2) If the Secretary decides under paragraph (1) of this subsection 
that the vehicle or equipment contains the defect or does not comply, 
the Secretary shall order the manufacturer to--
        (A) give notification under section 30119 of this title to the 
    owners, purchasers, and dealers of the vehicle or equipment of the 
    defect or noncompliance; and
        (B) remedy the defect or noncompliance under section 30120 of 
    this title.
    (c) Notification by Manufacturer.--A manufacturer of a motor 
vehicle or replacement equipment shall notify the Secretary by 
certified mail, and the owners, purchasers, and dealers of the vehicle 
or equipment as provided in section 30119(d) of this section, if the 
manufacturer--
        (1) learns the vehicle or equipment contains a defect and 
    decides in good faith that the defect is related to motor vehicle 
    safety; or
        (2) decides in good faith that the vehicle or equipment does 
    not comply with an applicable motor vehicle safety standard 
    prescribed under this chapter.
    (d) Exemptions.--On application of a manufacturer, the Secretary 
shall exempt the manufacturer from this section if the Secretary 
decides a defect or noncompliance is inconsequential to motor vehicle 
safety. The Secretary may take action under this subsection only after 
notice in the Federal Register and an opportunity for any interested 
person to present information, views, and arguments.
    (e) Hearings About Meeting Notification Requirements.--On the 
motion of the Secretary or on petition of any interested person, the 
Secretary may conduct a hearing to decide whether the manufacturer has 
reasonably met the notification requirements under this section. Any 
interested person may make written and oral presentations of 
information, views, and arguments on whether the manufacturer has 
reasonably met the notification requirements. If the Secretary decides 
that the manufacturer has not reasonably met the notification 
requirements, the Secretary shall order the manufacturer to take 
specified action to meet those requirements and may take any other 
action authorized under this chapter.

Sec. 30119. Notification procedures

    (a) Contents of Notification.--Notification by a manufacturer 
required under section 30118 of this title of a defect or noncompliance 
shall contain--
        (1) a clear description of the defect or noncompliance;
        (2) an evaluation of the risk to motor vehicle safety 
    reasonably related to the defect or noncompliance;
        (3) the measures to be taken to obtain a remedy of the defect 
    or noncompliance;
        (4) a statement that the manufacturer giving notice will remedy 
    the defect or noncompliance without charge under section 30120 of 
    this title;
        (5) the earliest date on which the defect or noncompliance will 
    be remedied without charge, and for tires, the period during which 
    the defect or noncompliance will be remedied without charge under 
    section 30120 of this title;
        (6) the procedure the recipient of a notice is to follow to 
    inform the Secretary of Transportation when a manufacturer, 
    distributor, or dealer does not remedy the defect or noncompliance 
    without charge under section 30120 of this title; and
        (7) other information the Secretary prescribes by regulation.
    (b) Earliest Remedy Date.--The date specified by a manufacturer in 
a notification under subsection (a)(5) of this section or section 
30121(c)(2) of this title is the earliest date that parts and 
facilities reasonably can be expected to be available to remedy the 
defect or noncompliance. The Secretary may disapprove the date.
    (c) Time for Notification.--Notification required under section 
30118 of this title shall be given within a reasonable time--
        (1) prescribed by the Secretary, after the manufacturer 
    receives notice of a final decision under section 30118(b) of this 
    title; or
        (2) after the manufacturer first decides that a safety-related 
    defect or noncompliance exists under section 30118(c) of this 
    title.
    (d) Means of Providing Notification.--(1) Notification required 
under section 30118 of this title about a motor vehicle shall be sent 
by first class mail--
        (A) to each person registered under State law as the owner and 
    whose name and address are reasonably ascertainable by the 
    manufacturer through State records or other available sources; or
        (B) if a registered owner is not notified under clause (A) of 
    this paragraph, to the most recent purchaser known to the 
    manufacturer.
    (2) Notification required under section 30118 of this title about 
replacement equipment (except a tire) shall be sent by first class mail 
to the most recent purchaser known to the manufacturer. In addition, if 
the Secretary decides that public notice is required for motor vehicle 
safety, public notice shall be given in the way required by the 
Secretary after consulting with the manufacturer.
    (3) Notification required under section 30118 of this title about a 
tire shall be sent by first class mail (or, if the manufacturer 
prefers, by certified mail) to the most recent purchaser known to the 
manufacturer. In addition, if the Secretary decides that public notice 
is required for motor vehicle safety, public notice shall be given in 
the way required by the Secretary after consulting with the 
manufacturer. In deciding whether public notice is required, the 
Secretary shall consider--
        (A) the magnitude of the risk to motor vehicle safety caused by 
    the defect or noncompliance; and
        (B) the cost of public notice compared to the additional number 
    of owners the notice may reach.
    (4) A dealer to whom a motor vehicle or replacement equipment was 
delivered shall be notified by certified mail or quicker means if 
available.
    (e) Second Notification.--If the Secretary decides that a 
notification sent by a manufacturer under this section has not resulted 
in an adequate number of motor vehicles or items of replacement 
equipment being returned for remedy, the Secretary may order the 
manufacturer to send a 2d notification in the way the Secretary 
prescribes by regulation.
    (f) Notification by Lessor to Lessee.--(1) In this subsection, 
``leased motor vehicle'' means a motor vehicle that is leased to a 
person for at least 4 months by a lessor that has leased at least 5 
motor vehicles in the 12 months before the date of the notification.
    (2) A lessor that receives a notification required by section 30118 
of this title about a leased motor vehicle shall provide a copy of the 
notification to the lessee in the way the Secretary prescribes by 
regulation.

Sec. 30120. Remedies for defects and noncompliance

    (a) Ways To Remedy.--(1) Subject to subsections (f) and (g) of this 
section, when notification of a defect or noncompliance is required 
under section 30118(b) or (c) of this title, the manufacturer of the 
defective or noncomplying motor vehicle or replacement equipment shall 
remedy the defect or noncompliance without charge when the vehicle or 
equipment is presented for remedy. Subject to subsections (b) and (c) 
of this section, the manufacturer shall remedy the defect or 
noncompliance in any of the following ways the manufacturer chooses:
        (A) if a vehicle--
            (i) by repairing the vehicle;
            (ii) by replacing the vehicle with an identical or 
        reasonably equivalent vehicle; or
            (iii) by refunding the purchase price, less a reasonable 
        allowance for depreciation.
        (B) if replacement equipment, by repairing the equipment or 
    replacing the equipment with identical or reasonably equivalent 
    equipment.
    (2) The Secretary of Transportation may prescribe regulations to 
allow the manufacturer to impose conditions on the replacement of a 
motor vehicle or refund of its price.
    (b) Tire Remedies.--(1) A manufacturer of a tire, including an 
original equipment tire, shall remedy a defective or noncomplying tire 
if the owner or purchaser presents the tire for remedy not later than 
60 days after the later of--
        (A) the day the owner or purchaser receives notification under 
    section 30119 of this title; or
        (B) if the manufacturer decides to replace the tire, the day 
    the owner or purchaser receives notification that a replacement is 
    available.
    (2) If the manufacturer decides to replace the tire and the 
replacement is not available during the 60-day period, the owner or 
purchaser must present the tire for remedy during a subsequent 60-day 
period that begins only after the owner or purchaser receives 
notification that a replacement will be available during the subsequent 
period. If tires are available during the subsequent period, only a 
tire presented for remedy during that period must be remedied.
    (c) Adequacy of Repairs.--(1) If a manufacturer decides to repair a 
defective or noncomplying motor vehicle or replacement equipment and 
the repair is not done adequately within a reasonable time, the 
manufacturer shall--
        (A) replace the vehicle or equipment without charge with an 
    identical or reasonably equivalent vehicle or equipment; or
        (B) for a vehicle, refund the purchase price, less a reasonable 
    allowance for depreciation.
    (2) Failure to repair a motor vehicle or replacement equipment 
adequately not later than 60 days after its presentation is prima facie 
evidence of failure to repair within a reasonable time. However, the 
Secretary may extend, by order, the 60-day period if good cause for an 
extension is shown and the reason is published in the Federal Register 
before the period ends. Presentation of a vehicle or equipment for 
repair before the date specified by a manufacturer in a notice under 
section 30119(a)(5) or 30121(c)(2) of this title is not a presentation 
under this subsection.
    (d) Filing Manufacturer's Remedy Program.--A manufacturer shall 
file with the Secretary a copy of the manufacturer's program under this 
section for remedying a defect or noncompliance. The Secretary shall 
make the program available to the public and publish a notice of 
availability in the Federal Register.
    (e) Hearings About Meeting Remedy Requirements.--On the motion of 
the Secretary or on application by any interested person, the Secretary 
may conduct a hearing to decide whether the manufacturer has reasonably 
met the remedy requirements under this section. Any interested person 
may make written and oral presentations of information, views, and 
arguments on whether the manufacturer has reasonably met the remedy 
requirements. If the Secretary decides a manufacturer has not 
reasonably met the remedy requirements, the Secretary shall order the 
manufacturer to take specified action to meet those requirements and 
may take any other action authorized under this chapter.
    (f) Fair Reimbursement to Dealers.--A manufacturer shall pay fair 
reimbursement to a dealer providing a remedy without charge under this 
section.
    (g) Nonapplication.--(1) The requirement that a remedy be provided 
without charge does not apply if the motor vehicle or replacement 
equipment was bought by the first purchaser more than 8 calendar years, 
or the tire, including an original equipment tire, was bought by the 
first purchaser more than 3 calendar years, before notice is given 
under section 30118(c) of this title or an order is issued under 
section 30118(b) of this title, whichever is earlier.
    (2) This section does not apply during any period in which 
enforcement of an order under section 30118(b) of this title is 
restrained or the order is set aside in a civil action to which section 
30121(d) of this title applies.
    (h) Exemptions.--On application of a manufacturer, the Secretary 
shall exempt the manufacturer from this section if the Secretary 
decides a defect or noncompliance is inconsequential to motor vehicle 
safety. The Secretary may take action under this subsection only after 
notice in the Federal Register and an opportunity for any interested 
person to present information, views, and arguments.
    (i) Limitation on Sale or Lease.--(1) If notification is required 
by an order under section 30118(b) of this title or is required under 
section 30118(c) of this title and the manufacturer has provided to a 
dealer notification about a new motor vehicle or new item of 
replacement equipment in the dealer's possession at the time of 
notification that contains a defect related to motor vehicle safety or 
does not comply with an applicable motor vehicle safety standard 
prescribed under this chapter, the dealer may sell or lease the motor 
vehicle or item of replacement equipment only if--
        (A) the defect or noncompliance is remedied as required by this 
    section before delivery under the sale or lease; or
        (B) when the notification is required by an order under section 
    30118(b) of this title, enforcement of the order is restrained or 
    the order is set aside in a civil action to which section 30121(d) 
    of this title applies.
    (2) This subsection does not prohibit a dealer from offering for 
sale or lease the vehicle or equipment.

Sec. 30121. Provisional notification and civil actions to enforce

    (a) Provisional Notification.--(1) The Secretary of Transportation 
may order a manufacturer to issue a provisional notification if a civil 
action about an order issued under section 30118(b) of this title has 
been brought under section 30163 of this title. The provisional 
notification shall contain--
        (A) a statement that the Secretary has decided that a defect 
    related to motor vehicle safety or noncompliance with a motor 
    vehicle safety standard prescribed under this chapter exists and 
    that the manufacturer is contesting the decision in a civil action 
    in a United States district court;
        (B) a clear description of the Secretary's stated basis for the 
    decision;
        (C) the Secretary's evaluation of the risk to motor vehicle 
    safety reasonably related to the defect or noncompliance;
        (D) measures the Secretary considers necessary to avoid an 
    unreasonable risk to motor vehicle safety resulting from the defect 
    or noncompliance;
        (E) a statement that the manufacturer will remedy the defect or 
    noncompliance without charge under section 30120 of this title, but 
    that the requirement to remedy without charge is conditioned on the 
    outcome of the civil action; and
        (F) other information the Secretary prescribes by regulation or 
    includes in the order requiring the notice.
    (2) A notification under this subsection does not relieve a 
manufacturer of liability for not giving notification required by an 
order under section 30118(b) of this title.
    (b) Civil Actions for Not Notifying.--(1) A manufacturer that does 
not notify owners and purchasers under section 30119(c) and (d) of this 
title is liable to the United States Government for a civil penalty, 
unless the manufacturer prevails in a civil action referred to in 
subsection (a) of this section or the court in that action enjoins 
enforcement of the order. Enforcement may be enjoined only if the court 
decides that the failure to notify is reasonable and that the 
manufacturer has demonstrated the likelihood of prevailing on the 
merits. If enforcement is enjoined, the manufacturer is not liable 
during the time the order is stayed.
    (2) A manufacturer that does not notify owners and purchasers as 
required under subsection (a) of this section is liable for a civil 
penalty regardless of whether the manufacturer prevails in an action on 
the validity of the order issued under section 30118(b) of this title.
    (c) Orders to Manufacturers.--If the Secretary prevails in a civil 
action referred to in subsection (a) of this section, the Secretary 
shall order the manufacturer--
        (1) to notify each owner, purchaser, and dealer described in 
    section 30119(d) of this title of the outcome of the action and 
    other information the Secretary requires, and notification under 
    this clause may be combined with notification required under 
    section 30118(b) of this title;
        (2) to specify the earliest date under section 30119(b) of this 
    title on which the defect or noncompliance will be remedied without 
    charge under section 30120 of this title; and
        (3) if notification was required under subsection (a) of this 
    section, to reimburse an owner or purchaser for reasonable and 
    necessary expenses (in an amount that is not more than the amount 
    specified in the order of the Secretary under subsection (a)) 
    incurred for repairing the defect or noncompliance during the 
    period beginning on the date that notification was required to be 
    issued and ending on the date the owner or purchaser receives the 
    notification under this subsection.
    (d) Venue.--Notwithstanding section 30163(c) of this title, a civil 
action about an order issued under section 30118(b) of this title must 
be brought in the United States district court for a judicial district 
in the State in which the manufacturer is incorporated or the District 
of Columbia. On motion of a party, the court may transfer the action to 
another district court if good cause is shown. All actions related to 
the same order under section 30118(b) shall be consolidated in an 
action in one judicial district under an order of the court in which 
the first action was brought. If the first action is transferred to 
another court, that court shall issue the consolidation order.

Sec. 30122. Making safety devices and elements inoperative

    (a) Definition.--In this section, ``motor vehicle repair business'' 
means a person holding itself out to the public to repair for 
compensation a motor vehicle or motor vehicle equipment.
    (b) Prohibition.--A manufacturer, distributor, dealer, or motor 
vehicle repair business may not knowingly make inoperative any part of 
a device or element of design installed on or in a motor vehicle or 
motor vehicle equipment in compliance with an applicable motor vehicle 
safety standard prescribed under this chapter unless the manufacturer, 
distributor, dealer, or repair business reasonably believes the vehicle 
or equipment will not be used (except for testing or a similar purpose 
during maintenance or repair) when the device or element is 
inoperative.
    (c) Regulations.--The Secretary of Transportation may prescribe 
regulations--
        (1) to exempt a person from this section if the Secretary 
    decides the exemption is consistent with motor vehicle safety and 
    section 30101 of this title; and
        (2) to define ``make inoperative''.
    (d) Nonapplication.--This section does not apply to a safety belt 
interlock or buzzer designed to indicate a safety belt is not in use as 
described in section 30124 of this title.

Sec. 30123. Tires

    (a) Labeling Requirement.--The Secretary of Transportation shall 
require that a pneumatic tire subject to a motor vehicle safety 
standard prescribed under this chapter be labeled permanently and 
conspicuously with safety information the Secretary decides is 
necessary to carry out section 30101 of this title.
    (b) Contents of Label.--Labeling required on a tire under 
subsection (a) of this section shall include--
        (1)(A) identification of the manufacturer;
        (B) for a retreaded tire, identification of the retreader; or
        (C) for a tire containing a brand name (other than the name of 
    the manufacturer), a code mark allowing a seller to identify the 
    manufacturer to the purchaser;
        (2) the composition of material used in the ply of the tire;
        (3) the number of plies in the tire;
        (4) the maximum allowable load for the tire; and
        (5)(A) a statement that the tire complies with minimum safe 
    performance standards prescribed under this chapter; or
        (B) a mark or symbol the Secretary prescribes for use by a 
    manufacturer or retreader complying with those standards.
    (c) Additional Information.--The Secretary may require that 
additional safety information be disclosed to a purchaser when a tire 
is sold.
    (d) Regrooved Tire Limitations.--(1) In this subsection, 
``regrooved tire'' means a tire with a new tread produced by cutting 
into the tread of a worn tire.
    (2) The Secretary may authorize the sale, offer for sale, 
introduction for sale, or delivery for introduction in interstate 
commerce, of a regrooved tire or a motor vehicle equipped with 
regrooved tires if the Secretary decides the tires are designed and 
made in a way consistent with section 30101 of this title. A person may 
not sell, offer for sale, introduce for sale, or deliver for 
introduction in interstate commerce, a regrooved tire or a vehicle 
equipped with regrooved tires unless authorized by the Secretary.
    (e) Uniform Quality Grading System, Nomenclature, and Marketing 
Practices.--The Secretary shall prescribe through standards a uniform 
quality grading system for motor vehicle tires to help consumers make 
an informed choice when purchasing tires. The Secretary also shall 
cooperate with industry and the Federal Trade Commission to the 
greatest extent practicable to eliminate deceptive and confusing tire 
nomenclature and marketing practices. A tire standard or regulation 
prescribed under this chapter supersedes an order or administrative 
interpretation of the Commission.
    (f) Maximum Load Standards.--The Secretary shall require a motor 
vehicle to be equipped with tires that meet maximum load standards when 
the vehicle is loaded with a reasonable amount of luggage and the total 
number of passengers the vehicle is designed to carry. The vehicle 
shall be equipped with those tires by the manufacturer or by the first 
purchaser when the vehicle is first bought in good faith other than for 
resale.

Sec. 30124. Buzzers indicating nonuse of safety belts

    A motor vehicle safety standard prescribed under this chapter may 
not require or allow a manufacturer to comply with the standard by 
using a safety belt interlock designed to prevent starting or operating 
a motor vehicle if an occupant is not using a safety belt or a buzzer 
designed to indicate a safety belt is not in use, except a buzzer that 
operates only during the 8-second period after the ignition is turned 
to the ``start'' or ``on'' position.

Sec. 30125. Schoolbuses and schoolbus equipment

    (a) Definitions.--In this section--
        (1) ``schoolbus'' means a passenger motor vehicle designed to 
    carry a driver and more than 10 passengers, that the Secretary of 
    Transportation decides is likely to be used significantly to 
    transport preprimary, primary, and secondary school students to or 
    from school or an event related to school.
        (2) ``schoolbus equipment'' means equipment designed primarily 
    for a schoolbus or manufactured or sold to replace or improve a 
    system, part, or component of a schoolbus or as an accessory or 
    addition to a schoolbus.
    (b) Standards.--The Secretary shall prescribe motor vehicle safety 
standards for schoolbuses and schoolbus equipment manufactured in, or 
imported into, the United States. Standards shall include minimum 
performance requirements for--
        (1) emergency exits;
        (2) interior protection for occupants;
        (3) floor strength;
        (4) seating systems;
        (5) crashworthiness of body and frame (including protection 
    against rollover hazards);
        (6) vehicle operating systems;
        (7) windows and windshields; and
        (8) fuel systems.
    (c) Test Driving by Manufacturers.--The Secretary may require by 
regulation a schoolbus to be test-driven by a manufacturer before 
introduction in commerce.

Sec. 30126. Used motor vehicles

    To ensure a continuing and effective national safety program, it is 
the policy of the United States Government to encourage and strengthen 
State inspection of used motor vehicles. Therefore, the Secretary of 
Transportation shall prescribe uniform motor vehicle safety standards 
applicable to all used motor vehicles. The standards shall be stated in 
terms of motor vehicle safety performance.

Sec. 30127. Automatic occupant crash protection and seat belt use

    (a) Definitions.--In this section--
        (1) ``bus'' means a motor vehicle with motive power (except a 
    trailer) designed to carry more than 10 individuals.
        (2) ``multipurpose passenger vehicle'' means a motor vehicle 
    with motive power (except a trailer), designed to carry not more 
    than 10 individuals, that is constructed either on a truck chassis 
    or with special features for occasional off-road operation.
        (3) ``passenger car'' means a motor vehicle with motive power 
    (except a multipurpose passenger vehicle, motorcycle, or trailer) 
    designed to carry not more than 10 individuals.
        (4) ``truck'' means a motor vehicle with motive power (except a 
    trailer) designed primarily to transport property or special 
    purpose equipment.
    (b) Inflatable Restraint Requirements.--(1) Not later than 
September 1, 1993, the Secretary of Transportation shall prescribe 
under this chapter an amendment to Federal Motor Vehicle Safety 
Standard 208 issued under the National Traffic and Motor Vehicle Safety 
Act of 1966. The amendment shall require that the automatic occupant 
crash protection system for both of the front outboard seating 
positions for each of the following vehicles be an inflatable restraint 
(with lap and shoulder belts) complying with the occupant protection 
requirements under section 4.1.2.1 of Standard 208:
        (A) 95 percent of each manufacturer's annual production of 
    passenger cars manufactured after August 31, 1996, and before 
    September 1, 1997.
        (B) 80 percent of each manufacturer's annual production of 
    buses, multipurpose passenger vehicles, and trucks (except walk-in 
    van-type trucks and vehicles designed to be sold only to the United 
    States Postal Service) with a gross vehicle weight rating of not 
    more than 8,500 pounds and an unloaded vehicle weight of not more 
    than 5,500 pounds manufactured after August 31, 1997, and before 
    September 1, 1998.
        (C) 100 percent of each manufacturer's annual production of 
    passenger cars manufactured after August 31, 1997.
        (D) 100 percent of each manufacturer's annual production of 
    vehicles described in clause (B) of this paragraph manufactured 
    after August 31, 1998.
    (2) Manufacturers may not use credits and incentives available 
before September 1, 1998, under the provisions of Standard 208 (as 
amended by this section) to comply with the requirements of paragraph 
(1)(D) of this subsection after August 31, 1998.
    (c) Owner Manual Requirements.--In amending Standard 208, the 
Secretary of Transportation shall require, to be effective as soon as 
possible after the amendment is prescribed, that owner manuals for 
passenger cars, buses, multipurpose passenger vehicles, and trucks 
equipped with an inflatable restraint include a statement in an easily 
understandable format stating that--
        (1) either or both of the front outboard seating positions of 
    the vehicle are equipped with an inflatable restraint referred to 
    as an ``airbag'' and a lap and shoulder belt;
        (2) the ``airbag'' is a supplemental restraint and is not a 
    substitute for lap and shoulder belts;
        (3) lap and shoulder belts also must be used correctly by an 
    occupant in a front outboard seating position to provide restraint 
    or protection from frontal crashes as well as other types of 
    crashes or accidents; and
        (4) occupants should always wear their lap and shoulder belts, 
    if available, or other safety belts, whether or not there is an 
    inflatable restraint.
    (d) Seat Belt Use Laws.--Congress finds that it is in the public 
interest for each State to adopt and enforce mandatory seat belt use 
laws and for the United States Government to adopt and enforce 
mandatory seat belt use regulations.
    (e) Temporary Exemptions.--(1) On application of a manufacturer, 
the Secretary of Transportation may exempt, on a temporary basis, motor 
vehicles of that manufacturer from any requirement under subsections 
(b) and (c) of this section on terms the Secretary considers 
appropriate. An exemption may be renewed.
    (2) The Secretary of Transportation may grant an exemption under 
paragraph (1) of this subsection if the Secretary finds that there has 
been a disruption in the supply of any component of an inflatable 
restraint or in the use and installation of that component by the 
manufacturer because of an unavoidable event not under the control of 
the manufacturer that will prevent the manufacturer from meeting its 
anticipated production volume of vehicles with those restraints.
    (3) Only an affected manufacturer may apply for an exemption. The 
Secretary of Transportation shall prescribe in the amendment to 
Standard 208 required under this section the information an affected 
manufacturer must include in its application under this subsection. The 
manufacturer shall specify in the application the models, lines, and 
types of vehicles affected. The Secretary may consolidate similar 
applications from different manufacturers.
    (4) An exemption or renewal of an exemption is conditioned on the 
commitment of the manufacturer to recall the exempted vehicles for 
installation of the omitted inflatable restraints within a reasonable 
time that the manufacturer proposes and the Secretary of Transportation 
approves after the components become available in sufficient quantities 
to satisfy both anticipated production and recall volume requirements.
    (5) The Secretary of Transportation shall publish in the Federal 
Register a notice of each application under this subsection and each 
decision to grant or deny a temporary exemption and the reasons for the 
decision.
    (6) The Secretary of Transportation shall require a label for each 
exempted vehicle that can be removed only after recall and installation 
of the required inflatable restraint. The Secretary shall require that 
written notice of the exemption be provided to the dealer and the first 
purchaser of each exempted vehicle other than for resale, with the 
notice being provided in a way, and containing the information, the 
Secretary considers appropriate.
    (f) Application.--(1) This section revises, but does not replace, 
Standard 208 as in effect on December 18, 1991, including the amendment 
of March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the 
requirements for automatic crash protection, with incentives for more 
innovative automatic crash protection, to trucks, buses, and 
multipurpose passenger vehicles. This section may not be construed as--
        (A) affecting another provision of law carried out by the 
    Secretary of Transportation applicable to passenger cars, buses, 
    multipurpose passenger vehicles, or trucks; or
        (B) establishing a precedent related to developing or 
    prescribing a Government motor vehicle safety standard.
    (2) This section and amendments to Standard 208 made under this 
section may not be construed as indicating an intention by Congress to 
affect any liability of a motor vehicle manufacturer under applicable 
law related to vehicles with or without inflatable restraints.
    (g) Report.--(1) On October 1, 1992, and every 6 months after that 
date through October 1, 2000, the Secretary of Transportation shall 
submit reports on the effectiveness of occupant restraint systems 
expressed as a percentage reduction in fatalities or injuries of 
restrained occupants compared to unrestrained occupants for--
        (A) a combination of inflated restraints and lap and shoulder 
    belts;
        (B) inflated restraints only; and
        (C) lap and shoulder belts only.
    (2) In consultation with the Secretaries of Labor and Defense, the 
Secretary of Transportation also shall provide information and analysis 
on lap and shoulder belt use, nationally and in each State by--
        (A) military personnel;
        (B) Government, State, and local law enforcement officers;
        (C) other Government and State employees; and
        (D) the public.
    (h) Airbags for Government Cars.--In cooperation with the 
Administrator of General Services and the heads of appropriate 
departments, agencies, and instrumentalities of the Government, the 
Secretary of Transportation shall establish a program, consistent with 
applicable procurement laws of the Government and available 
appropriations, requiring that all passenger cars acquired--
        (1) after September 30, 1994, for use by the Government be 
    equipped, to the maximum extent practicable, with driver-side 
    inflatable restraints; and
        (2) after September 30, 1996, for use by the Government be 
    equipped, to the maximum extent practicable, with inflatable 
    restraints for both front outboard seating positions.

  SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

Sec. 30141. Importing motor vehicles capable of complying with 
            standards

    (a) General.--Section 30112(a) of this title does not apply to a 
motor vehicle if--
        (1) on the initiative of the Secretary of Transportation or on 
    petition of a manufacturer or importer registered under subsection 
    (c) of this section, the Secretary decides--
            (A) the vehicle is--
                (i) substantially similar to a motor vehicle originally 
            manufactured for import into and sale in the United States;
                (ii) certified under section 30115 of this title;
                (iii) the same model year (as defined under regulations 
            of the Secretary of Transportation) as the model of the 
            motor vehicle it is being compared to; and
                (iv) capable of being readily altered to comply with 
            applicable motor vehicle safety standards prescribed under 
            this chapter; or
            (B) if there is no substantially similar United States 
        motor vehicle, the safety features of the vehicle comply with 
        or are capable of being altered to comply with those standards 
        based on destructive test information or other evidence the 
        Secretary of Transportation decides is adequate;
        (2) the vehicle is imported by a registered importer; and
        (3) the registered importer pays the annual fee the Secretary 
    of Transportation establishes under subsection (e) of this section 
    to pay for the costs of carrying out the registration program for 
    importers under subsection (c) of this section and any other fees 
    the Secretary of Transportation establishes to pay for the costs 
    of--
            (A) processing bonds provided to the Secretary of the 
        Treasury under subsection (d) of this section; and
            (B) making the decisions under this subchapter.
    (b) Procedures on Deciding on Motor Vehicle Capability.--(1) The 
Secretary of Transportation shall establish by regulation procedures 
for making a decision under subsection (a)(1) of this section and the 
information a petitioner must provide to show clearly that the motor 
vehicle is capable of being brought into compliance with applicable 
motor vehicle safety standards prescribed under this chapter. In 
establishing the procedures, the Secretary shall provide for a minimum 
period of public notice and written comment consistent with ensuring 
expeditious, but complete, consideration and avoiding delay by any 
person. In making a decision under those procedures, the Secretary 
shall consider test information and other information available to the 
Secretary, including any information provided by the manufacturer. If 
the Secretary makes a negative decision, the Secretary may not make 
another decision for the same model until at least 3 calendar months 
have elapsed after the negative decision.
    (2) The Secretary of Transportation shall publish each year in the 
Federal Register a list of all decisions made under subsection (a)(1) 
of this section. Each published decision applies to the model of the 
motor vehicle for which the decision was made. A positive decision 
permits another importer registered under subsection (c) of this 
section to import a vehicle of the same model under this section if the 
importer complies with all the terms of the decision.
    (c) Registration.--(1) The Secretary of Transportation shall 
establish procedures for registering a person who complies with 
requirements prescribed by the Secretary by regulation under this 
subsection, including--
        (A) recordkeeping requirements;
        (B) inspection of records and facilities related to motor 
    vehicles the person has imported, altered, or both; and
        (C) requirements that ensure that the importer (or a successor 
    in interest) will be able technically and financially to carry out 
    responsibilities under sections 30117(b), 30118-30121, and 30166(f) 
    of this title.
    (2) The Secretary of Transportation shall deny registration to a 
person whose registration is revoked under paragraph (4) of this 
subsection.
    (3) The Secretary of Transportation may deny registration to a 
person that is or was owned or controlled by, or under common ownership 
or control with, a person whose registration was revoked under 
paragraph (4) of this subsection.
    (4) The Secretary of Transportation shall establish procedures 
for--
        (A) revoking or suspending a registration issued under 
    paragraph (1) of this subsection for not complying with a 
    requirement of this subchapter or section 30112, 30115, 30117-
    30122, 30125(c), 30127, or 30166 of this title or regulations 
    prescribed under this subchapter or those sections;
        (B) automatically suspending a registration for not paying a 
    fee under subsection (a)(3) of this section in a timely manner or 
    for knowingly filing a false or misleading certification under 
    section 30146 of this title; and
        (C) reinstating suspended registrations.
    (d) Bonds.--(1) A person importing a motor vehicle under this 
section shall provide a bond to the Secretary of the Treasury (acting 
for the Secretary of Transportation) and comply with the terms the 
Secretary of Transportation decides are appropriate to ensure that the 
vehicle--
        (A) will comply with applicable motor vehicle safety standards 
    prescribed under this chapter within a reasonable time (specified 
    by the Secretary of Transportation) after the vehicle is imported; 
    or
        (B) will be exported (at no cost to the United States 
    Government) by the Secretary of the Treasury or abandoned to the 
    Government.
    (2) The amount of the bond provided under this subsection shall be 
at least equal to the dutiable value of the motor vehicle (as 
determined by the Secretary of the Treasury) but not more than 150 
percent of that value.
    (e) Fee Review, Adjustment, and Use.--The Secretary of 
Transportation shall review and make appropriate adjustments at least 
every 2 years in the amounts of the fees required to be paid under 
subsection (a)(3) of this section. The Secretary of Transportation 
shall establish the fees for each fiscal year before the beginning of 
that year. All fees collected remain available until expended without 
fiscal year limit to the extent provided in advance by appropriation 
laws. The amounts are only for use by the Secretary of Transportation--
        (1) in carrying out this section and sections 30146(a)-(c)(1), 
    (d), and (e) and 30147(b) of this title; and
        (2) in advancing to the Secretary of the Treasury amounts for 
    costs incurred under this section and section 30146 of this title 
    to reimburse the Secretary of the Treasury for those costs.

Sec. 30142. Importing motor vehicles for personal use

    (a) General.--Section 30112(a) of this title does not apply to an 
imported motor vehicle if--
        (1) the vehicle is imported for personal use, and not for 
    resale, by an individual (except an individual described in 
    sections 30143 and 30144 of this title);
        (2) the vehicle is imported after January 31, 1990; and
        (3) the individual takes the actions required under subsection 
    (b) of this section to receive an exemption.
    (b) Exemptions.--(1) To receive an exemption under subsection (a) 
of this section, an individual must--
        (A) provide the Secretary of the Treasury (acting for the 
    Secretary of Transportation) with--
            (i) an appropriate bond in an amount determined under 
        section 30141(d) of this title;
            (ii) a copy of an agreement with an importer registered 
        under section 30141(c) of this title for bringing the motor 
        vehicle into compliance with applicable motor vehicle safety 
        standards prescribed under this chapter; and
            (iii) a certification that the vehicle meets the 
        requirement of section 30141(a)(1)(A) or (B) of this title; and
        (B) comply with appropriate terms the Secretary of 
    Transportation imposes to ensure that the vehicle--
            (i) will be brought into compliance with those standards 
        within a reasonable time (specified by the Secretary of 
        Transportation) after the vehicle is imported; or
            (ii) will be exported (at no cost to the United States 
        Government) by the Secretary of the Treasury or abandoned to 
        the Government.
    (2) For good cause shown, the Secretary of Transportation may allow 
an individual additional time, but not more than 30 days after the day 
on which the motor vehicle is offered for import, to comply with 
paragraph (1)(A)(ii) of this subsection.

Sec. 30143. Motor vehicles imported by individuals employed outside the 
            United States

    (a) Definition.--In this section, ``assigned place of employment'' 
means--
        (1) the principal location at which an individual is 
    permanently or indefinitely assigned to work; and
        (2) for a member of the uniformed services, the individual's 
    permanent duty station.
    (b) General.--Section 30112(a) of this title does not apply to a 
motor vehicle imported for personal use, and not for resale, by an 
individual--
        (1) whose assigned place of employment was outside the United 
    States as of October 31, 1988, and who has not had an assigned 
    place of employment in the United States from that date through the 
    date the vehicle is imported into the United States;
        (2) who previously had not imported a motor vehicle into the 
    United States under this section or section 108(g) of the National 
    Traffic and Motor Vehicle Safety Act of 1966 or, before October 31, 
    1988, under section 108(b)(3) of that Act;
        (3) who acquired, or made a binding contract to acquire, the 
    vehicle before October 31, 1988;
        (4) who imported the vehicle into the United States not later 
    than October 31, 1992; and
        (5) who satisfies section 108(b)(3) of that Act as in effect on 
    October 30, 1988.
    (c) Certification.--Subsection (b) of this section is carried out 
by certification in the form the Secretary of Transportation or the 
Secretary of the Treasury may prescribe.

Sec. 30144. Importing motor vehicles on a temporary basis

    (a) General.--Section 30112(a) of this title does not apply to a 
motor vehicle imported on a temporary basis for personal use by an 
individual who is a member of--
        (1)(A) the personnel of the government of a foreign country on 
    assignment in the United States or a member of the Secretariat of a 
    public international organization designated under the 
    International Organization Immunities Act (22 U.S.C. 288 et seq.); 
    and
        (B) the class of individuals for whom the Secretary of State 
    has authorized free importation of motor vehicles; or
        (2) the armed forces of a foreign country on assignment in the 
    United States.
    (b) Verification.--The Secretary of Transportation or the Secretary 
of the Treasury may require verification, that the Secretary of 
Transportation considers appropriate, that an individual is a member 
described under subsection (a) of this section. The Secretary of 
Transportation shall ensure that a motor vehicle imported under this 
section will be exported (at no cost to the United States Government) 
or abandoned to the Government when the individual no longer--
        (1) resides in the United States; and
        (2) is a member described under subsection (a) of this section.
    (c) Sale in the United States.--A motor vehicle imported under this 
section may not be sold when in the United States.

Sec. 30145. Importing motor vehicles or equipment requiring further 
            manufacturing

    Section 30112(a) of this title does not apply to a motor vehicle or 
motor vehicle equipment if the vehicle or equipment--
        (1) requires further manufacturing to perform its intended 
    function as decided under regulations prescribed by the Secretary 
    of Transportation; and
        (2) is accompanied at the time of importation by a written 
    statement issued by the manufacturer indicating the applicable 
    motor vehicle safety standard prescribed under this chapter with 
    which it does not comply.

Sec. 30146. Release of motor vehicles and bonds

    (a) Compliance Certification and Bond.--(1) Except as provided in 
subsections (c) and (d) of this section, an importer registered under 
section 30141(c) of this title may license or register an imported 
motor vehicle for use on public streets, roads, or highways, or release 
custody of a motor vehicle imported by the registered importer or 
imported by an individual under section 30142 of this title and altered 
by the registered importer to meet applicable motor vehicle safety 
standards prescribed under this chapter to a person for license or 
registration for use on public streets, roads, or highways, only after 
30 days after the registered importer certifies to the Secretary of 
Transportation, in the way the Secretary prescribes, that the motor 
vehicle complies with each standard prescribed in the year the vehicle 
was manufactured and that applies in that year to that vehicle. A 
vehicle may not be released if the Secretary gives written notice 
before the end of the 30-day period that the Secretary will inspect the 
vehicle under subsection (c) of this section.
    (2) The Secretaries of Transportation and the Treasury shall 
prescribe regulations--
        (A) ensuring the release of a motor vehicle and bond required 
    under section 30141(d) of this title at the end of the 30-day 
    period, unless the Secretary of Transportation issues a notice of 
    an inspection under subsection (c) of this section; and
        (B) providing that the Secretary of Transportation shall 
    release the vehicle and bond promptly after an inspection under 
    subsection (c) of this section showing compliance with the 
    standards applicable to the vehicle.
    (3) Each registered importer shall include on each motor vehicle 
released under this subsection a label prescribed by the Secretary of 
Transportation identifying the importer and stating that the vehicle 
has been altered by the importer to comply with the standards 
applicable to the vehicle.
    (b) Reliance on Manufacturer's Certification.--In making a 
certification under subsection (a)(1) of this section, the registered 
importer may rely on the manufacturer's certification for the model to 
which the motor vehicle involved is substantially similar if the 
importer certifies that any alteration made by the importer did not 
affect the compliance of the safety features of the vehicle and the 
importer keeps records verifying the certification for the period the 
Secretary of Transportation prescribes.
    (c) Evidence of Compliance.--(1) The Secretary of Transportation 
may require that the certification under subsection (a)(1) of this 
section be accompanied by evidence of compliance the Secretary 
considers appropriate or may inspect the certified motor vehicle, or 
both. If the Secretary gives notice of an inspection, an importer may 
release the vehicle only after--
        (A) an inspection showing the motor vehicle complies with 
    applicable motor vehicle safety standards prescribed under this 
    chapter for which the inspection was made; and
        (B) release of the vehicle by the Secretary.
    (2) The Secretary of Transportation shall inspect periodically a 
representative number of motor vehicles for which certifications have 
been filed under subsection (a)(1) of this section. In carrying out a 
motor vehicle testing program under this chapter, the Secretary shall 
include a representative number of motor vehicles for which 
certifications have been filed under subsection (a)(1).
    (d) Challenging the Certification.--A motor vehicle or bond may not 
be released under subsection (a) of this section if the Secretary of 
Transportation, not later than 30 days after receiving a certification 
under subsection (a)(1) of this section, gives written notice that the 
Secretary believes or has reason to believe that the certification is 
false or contains a mispresentation. The vehicle and bond may be 
released only after the Secretary is satisfied with the certification 
and any modification of the certification.
    (e) Bond Release.--A release of a bond required under section 
30141(d) of this title is deemed an acceptance of a certification or 
completion of an inspection under this section but is not a decision by 
the Secretary of Transportation under section 30118(a) or (b) of this 
title of compliance with applicable motor vehicle safety standards 
prescribed under this chapter.

Sec. 30147. Responsibility for defects and noncompliance

    (a) Deeming Defect or Noncompliance to Certain Vehicles and 
Importer as Manufacturer.--(1) In carrying out sections 30117(b), 
30118-30121, and 30166(f) of this title--
        (A) for a defect or noncompliance with an applicable motor 
    vehicle safety standard prescribed under this chapter for a motor 
    vehicle originally manufactured for import into the United States, 
    an imported motor vehicle having a valid certification under 
    section 30146(a)(1) of this title and decided to be substantially 
    similar to that motor vehicle shall be deemed as having the same 
    defect or as not complying with the same standard unless the 
    manufacturer or importer registered under section 30141(c) of this 
    title demonstrates otherwise to the Secretary of Transportation; 
    and
        (B) the registered importer shall be deemed to be the 
    manufacturer of any motor vehicle that the importer imports or 
    brings into compliance with the standards for an individual under 
    section 30142 of this title.
    (2) The Secretary shall publish in the Federal Register notice of 
any defect or noncompliance under paragraph (1)(A) of this subsection.
    (b) Financial Responsibility Requirement.--The Secretary shall 
require by regulation each registered importer (including any successor 
in interest) to provide and maintain evidence, satisfactory to the 
Secretary, of sufficient financial responsibility to meet its 
obligations under sections 30117(b), 30118-30121, and 30166(f) of this 
title.

             SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE

Sec. 30161. Judicial review of standards

    (a) Filing and Venue.--A person adversely affected by an order 
prescribing a motor vehicle safety standard under this chapter may 
apply for review of the order by filing a petition for review in the 
court of appeals of the United States for the circuit in which the 
person resides or has its principal place of business. The petition 
must be filed not later than 59 days after the order is issued.
    (b) Notifying Secretary.--The clerk of the court shall send 
immediately a copy of the petition to the Secretary of Transportation. 
The Secretary shall file with the court a record of the proceeding in 
which the order was prescribed.
    (c) Additional Proceedings.--(1) On request of the petitioner, the 
court may order the Secretary to receive additional evidence and 
evidence in rebuttal if the court is satisfied that the additional 
evidence is material and there were reasonable grounds for not 
presenting the evidence in the proceeding before the Secretary.
    (2) The Secretary may modify findings of fact or make new findings 
because of the additional evidence presented. The Secretary shall file 
a modified or new finding, a recommendation to modify or set aside the 
order, and the additional evidence with the court.
    (d) Certified Copies of Records of Proceedings.--The Secretary 
shall give any interested person a certified copy of the transcript of 
the record in a proceeding under this section on request and payment of 
costs. A certified copy of the record of the proceeding is admissible 
in a proceeding arising out of a matter under this chapter, regardless 
of whether the proceeding under this section has begun or becomes 
final.
    (e) Finality of Judgment and Supreme Court Review.--A judgment of a 
court under this section is final and may be reviewed only by the 
Supreme Court under section 1254 of title 28.

Sec. 30162. Petitions by interested persons for standards and 
            enforcement

    (a) Filing.--Any interested person may file a petition with the 
Secretary of Transportation requesting the Secretary to begin a 
proceeding--
        (1) to prescribe a motor vehicle safety standard under this 
    chapter; or
        (2) to decide whether to issue an order under section 30118(b) 
    of this title.
    (b) Statement of Facts.--The petition must state facts that the 
person claims establish that a motor vehicle safety standard or order 
referred to in subsection (a) of this section is necessary and briefly 
describe the order the Secretary should issue.
    (c) Proceedings.--The Secretary may hold a public hearing or 
conduct an investigation or proceeding to decide whether to grant the 
petition.
    (d) Actions of Secretary.--The Secretary shall grant or deny a 
petition not later than 120 days after the petition is filed. If a 
petition is granted, the Secretary shall begin the proceeding promptly. 
If a petition is denied, the Secretary shall publish the reasons for 
the denial in the Federal Register.

Sec. 30163. Actions by the Attorney General

    (a) Civil Actions To Enforce.--The Attorney General may bring a 
civil action in a United States district court to enjoin--
        (1) a violation of this chapter or a regulation prescribed or 
    order issued under this chapter; and
        (2) the sale, offer for sale, or introduction or delivery for 
    introduction, in interstate commerce, or the importation into the 
    United States, of a motor vehicle or motor vehicle equipment for 
    which it is decided, before the first purchase in good faith other 
    than for resale, that the vehicle or equipment--
            (A) contains a defect related to motor vehicle safety about 
        which notice was given under section 30118(c) of this title or 
        an order was issued under section 30118(b) of this title; or
            (B) does not comply with an applicable motor vehicle safety 
        standard prescribed under this chapter.
    (b) Prior Notice.--When practicable, the Secretary of 
Transportation shall notify a person against whom a civil action under 
subsection (a) of this section is planned, give the person an 
opportunity to present that person's views, and, except for a knowing 
and willful violation of this chapter, give the person a reasonable 
opportunity to remedy the defect or comply with the applicable motor 
vehicle safety standard prescribed under this chapter. Failure to give 
notice and an opportunity to remedy the defect or comply with the 
applicable motor vehicle safety standard prescribed under this chapter 
does not prevent a court from granting appropriate relief.
    (c) Venue.--Except as provided in section 30121(d) of this title, a 
civil action under this section or section 30165(a) of this title may 
be brought in the judicial district in which the violation occurred or 
the defendant is found, resides, or does business. Process in the 
action may be served in any other judicial district in which the 
defendant resides or is found.
    (d) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under subsection 
(a) of this section, the violation of which is also a violation of this 
chapter, the defendant may demand a jury trial. The defendant shall be 
tried as provided in rule 42(b) of the Federal Rules of Criminal 
Procedure (18 App. U.S.C.).
    (e) Subpenas for Witnesses.--In a civil action brought under this 
section, a subpena for a witness may be served in any judicial 
district.

Sec. 30164. Service of process

    (a) Designating Agents.--A manufacturer offering a motor vehicle or 
motor vehicle equipment for import shall designate an agent on whom 
service of notices and process in administrative and judicial 
proceedings may be made. The designation shall be in writing and filed 
with the Secretary of Transportation. The designation may be changed in 
the same way as originally made.
    (b) Service.--An agent may be served at the agent's office or usual 
place of residence. Service on the agent is deemed to be service on the 
manufacturer. If a manufacturer does not designate an agent, service 
may be made by posting the notice or process in the office of the 
Secretary.

Sec. 30165. Civil penalty

    (a) Penalty.--A person that violates section 30112, 30115, 30117-
30122, 30123(d), 30125(c), 30127, 30141-30147, or 30166 of this title 
or a regulation prescribed under those sections is liable to the United 
States Government for a civil penalty of not more than $1,000 for each 
violation. A separate violation occurs for each motor vehicle or item 
of motor vehicle equipment and for each failure or refusal to allow or 
perform an act required by those sections. The maximum penalty under 
this subsection for a related series of violations is $800,000.
    (b) Compromise and Setoff.--(1) The Secretary of Transportation may 
compromise the amount of a civil penalty imposed under this section.
    (2) The Government may deduct the amount of a civil penalty imposed 
or compromised under this section from amounts it owes the person 
liable for the penalty.
    (c) Considerations.--In determining the amount of a civil penalty 
or compromise, the appropriateness of the penalty or compromise to the 
size of the business of the person charged and the gravity of the 
violation shall be considered.
    (d) Subpenas for Witnesses.--In a civil action brought under this 
section, a subpena for a witness may be served in any judicial 
district.

Sec. 30166. Inspections, investigations, and records

    (a) Definition.--In this section, ``motor vehicle accident'' means 
an occurrence associated with the maintenance or operation of a motor 
vehicle or motor vehicle equipment resulting in personal injury, death, 
or property damage.
    (b) Authority To Inspect and Investigate.--(1) The Secretary of 
Transportation may conduct an inspection or investigation--
        (A) that may be necessary to enforce this chapter or a 
    regulation prescribed or order issued under this chapter; or
        (B) related to a motor vehicle accident and designed to carry 
    out this chapter.
    (2) The Secretary of Transportation shall cooperate with State and 
local officials to the greatest extent possible in an inspection or 
investigation under paragraph (1)(B) of this subsection.
    (c) Matters That Can Be Inspected and Impoundment.--In carrying out 
this chapter, an officer or employee designated by the Secretary of 
Transportation--
        (1) at reasonable times, may inspect and copy any record 
    related to this chapter;
        (2) on request, may inspect records of a manufacturer, 
    distributor, or dealer to decide whether the manufacturer, 
    distributor, or dealer has complied or is complying with this 
    chapter or a regulation prescribed or order issued under this 
    chapter; and
        (3) at reasonable times, in a reasonable way, and on display of 
    proper credentials and written notice to an owner, operator, or 
    agent in charge, may--
            (A) enter and inspect with reasonable promptness premises 
        in which a motor vehicle or motor vehicle equipment is 
        manufactured, held for introduction in interstate commerce, or 
        held for sale after introduction in interstate commerce;
            (B) enter and inspect with reasonable promptness premises 
        at which a vehicle or equipment involved in a motor vehicle 
        accident is located;
            (C) inspect with reasonable promptness that vehicle or 
        equipment; and
            (D) impound for not more than 72 hours a vehicle or 
        equipment involved in a motor vehicle accident.
    (d) Reasonable Compensation.--When a motor vehicle (except a 
vehicle subject to subchapter II of chapter 105 of this title) or motor 
vehicle equipment is inspected or temporarily impounded under 
subsection (c)(3) of this section, the Secretary of Transportation 
shall pay reasonable compensation to the owner of the vehicle if the 
inspection or impoundment results in denial of use, or reduction in 
value, of the vehicle.
    (e) Records and Making Reports.--The Secretary of Transportation 
reasonably may require a manufacturer of a motor vehicle or motor 
vehicle equipment to keep records, and a manufacturer, distributor, or 
dealer to make reports, to enable the Secretary to decide whether the 
manufacturer, distributor, or dealer has complied or is complying with 
this chapter or a regulation prescribed or order issued under this 
chapter. This subsection does not impose a recordkeeping requirement on 
a distributor or dealer in addition to those imposed under subsection 
(f) of this section and section 30117(b) of this title or a regulation 
prescribed or order issued under subsection (f) or section 30117(b).
    (f) Providing Copies of Communications About Defects and 
Noncompliance.--A manufacturer shall give the Secretary of 
Transportation a true or representative copy of each communication to 
the manufacturer's dealers or to owners or purchasers of a motor 
vehicle or replacement equipment produced by the manufacturer about a 
defect or noncompliance with a motor vehicle safety standard prescribed 
under this chapter in a vehicle or equipment that is sold or serviced.
    (g) Administrative Authority on Reports, Answers, and Hearings.--
(1) In carrying out this chapter, the Secretary of Transportation may--
        (A) require, by general or special order, any person to file 
    reports or answers to specific questions, including reports or 
    answers under oath; and
        (B) conduct hearings, administer oaths, take testimony, and 
    require (by subpena or otherwise) the appearance and testimony of 
    witnesses and the production of records the Secretary considers 
    advisable.
    (2) A witness summoned under this subsection is entitled to the 
same fee and mileage the witness would have been paid in a court of the 
United States.
    (h) Civil Actions To Enforce and Venue.--A civil action to enforce 
a subpena or order under subsection (g) of this section may be brought 
in the United States district court for the judicial district in which 
the proceeding is conducted. The court may punish a failure to obey an 
order of the court to comply with a subpena or order as a contempt of 
court.
    (i) Governmental Cooperation.--The Secretary of Transportation may 
request a department, agency, or instrumentality of the United States 
Government to provide records the Secretary considers necessary to 
carry out this chapter<plus-minus>. The head of the department, agency, 
or instrumentality shall provide the record on request, may detail 
personnel on a reimbursable basis, and otherwise shall cooperate with 
the Secretary. This subsection does not affect a law limiting the 
authority of a department, agency, or instrumentality to provide 
information to another department, agency, or instrumentality.
    (j) Cooperation of Secretary.--The Secretary of Transportation may 
advise, assist, and cooperate with departments, agencies, and 
instrumentalities of the Government, States, and other public and 
private agencies in developing a method for inspecting and testing to 
determine compliance with a motor vehicle safety standard.
    (k) Providing Information.--The Secretary of Transportation shall 
provide the Attorney General and, when appropriate, the Secretary of 
the Treasury, information obtained that indicates a violation of this 
chapter or a regulation prescribed or order issued under this chapter.

Sec. 30167. Disclosure of information by the Secretary of 
            Transportation

    (a) Confidentiality of Information.--Information obtained under 
this chapter related to a confidential matter referred to in section 
1905 of title 18 may be disclosed only in the following ways:
        (1) to other officers and employees carrying out this chapter.
        (2) when relevant to a proceeding under this chapter.
        (3) to the public if the confidentiality of the information is 
    preserved.
        (4) to the public when the Secretary of Transportation decides 
    that disclosure is necessary to carry out section 30101 of this 
    title.
    (b) Defect and Noncompliance Information.--Subject to subsection 
(a) of this section, the Secretary shall disclose information obtained 
under this chapter related to a defect or noncompliance that the 
Secretary decides will assist in carrying out sections 30117(b) and 
30118-30121 of this title or that is required to be disclosed under 
section 30118(a) of this title. A requirement to disclose information 
under this subsection is in addition to the requirements of section 552 
of title 5.
    (c) Information About Manufacturer's Increased Costs.--A 
manufacturer opposing an action of the Secretary under this chapter 
because of increased cost shall submit to the Secretary information 
about the increased cost, including the manufacturer's cost and the 
cost to retail purchasers, that allows the public and the Secretary to 
evaluate the manufacturer's statement. The Secretary shall evaluate the 
information promptly and, subject to subsection (a) of this section, 
shall make the information and evaluation available to the public. The 
Secretary shall publish a notice in the Federal Register that the 
information is available.
    (d) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.

Sec. 30168. Research, testing, development, and training

    (a) General Authority.--(1) The Secretary of Transportation shall 
conduct research, testing, development, and training necessary to carry 
out this chapter. The research, development, testing, and training 
shall include--
        (A) collecting information to determine the relationship 
    between motor vehicle or motor vehicle equipment performance 
    characteristics and--
            (i) accidents involving motor vehicles; and
            (ii) the occurrence of death or personal injury resulting 
        from those accidents;
        (B) obtaining experimental and other motor vehicles and motor 
    vehicle equipment for research or testing; and
        (C) selling or otherwise disposing of test motor vehicles and 
    motor vehicle equipment and crediting the proceeds to current 
    appropriations available to carry out this chapter.
    (2) The Secretary may carry out this subsection through grants to 
States, interstate authorities, and nonprofit institutions.
    (b) Use of Public Agencies.--In carrying out this chapter, the 
Secretary shall use the services, research, and testing facilities of 
public agencies to the maximum extent practicable to avoid duplication.
    (c) Facilities.--The Secretary may plan, design, and build a new 
facility or modify an existing facility to conduct research, 
development, and testing in traffic safety, highway safety, and motor 
vehicle safety. An expenditure of more than $100,000 for planning, 
design, or construction may be made only if the planning, design, or 
construction is approved by substantially similar resolutions by the 
Committees on Energy and Commerce and Public Works and Transportation 
of the House of Representatives and the Committees on Commerce, 
Science, and Transportation and Environment and Public Works of the 
Senate. To obtain that approval, the Secretary shall submit to Congress 
a prospectus on the proposed facility. The prospectus shall include--
        (1) a brief description of the facility being planned, 
    designed, or built;
        (2) the location of the facility;
        (3) an estimate of the maximum cost of the facility;
        (4) a statement identifying private and public agencies that 
    will use the facility and the contribution each agency will make to 
    the cost of the facility; and
        (5) a justification of the need for the facility.
    (d) Increasing Costs of Approved Facilities.--The estimated maximum 
cost of a facility approved under subsection (c) of this section may be 
increased by an amount equal to the percentage increase in construction 
costs from the date the prospectus is submitted to Congress. However, 
the increase in the cost of the facility may not be more than 10 
percent of the estimated maximum cost included in the prospectus. The 
Secretary shall decide what increase in construction costs has 
occurred.
    (e) Availability of Information, Patents, and Developments.--When 
the United States Government makes more than a minimal contribution to 
a research or development activity under this chapter, the Secretary 
shall include in the arrangement for the activity a provision to ensure 
that all information, patents, and developments related to the activity 
are available to the public. However, the owner of a background patent 
may not be deprived of a right under the patent.

Sec. 30169. Annual reports

    (a) General Report.--The Secretary of Transportation shall submit 
to the President to submit to Congress on July 1 of each year a report 
on the administration of this chapter for the prior calendar year. The 
report shall include--
        (1) a thorough statistical compilation of accidents and 
    injuries;
        (2) motor vehicle safety standards in effect or prescribed 
    under this chapter;
        (3) the degree of observance of the standards;
        (4) a summary of current research grants and contracts and a 
    description of the problems to be considered under those grants and 
    contracts;
        (5) an analysis and evaluation of research activities completed 
    and technological progress achieved;
        (6) enforcement actions;
        (7) the extent to which technical information was given the 
    scientific community and consumer-oriented information was made 
    available to the public; and
        (8) recommendations for legislation needed to promote 
    cooperation among the States in improving traffic safety and 
    strengthening the national traffic safety program.
    (b) Report on Importing Motor Vehicles.--Not later than 18 months 
after regulations are first prescribed under section 2(e)(1)(B) of the 
Imported Vehicle Safety Compliance Act of 1988, the Secretary shall 
submit to Congress a report of the actions taken to carry out 
subchapter III of this chapter and the effectiveness of those actions, 
including any testing by the Secretary under section 30146(c)(2) of 
this title. After the first report, the Secretary shall submit a report 
to Congress under this subsection not later than July 31 of each year.

                 CHAPTER 303--NATIONAL DRIVER REGISTER

Sec.
30301.  Definitions.
30302.  National Driver Register.
30303.  State participation.
30304.  Reports by chief driver licensing officials.
30305.  Access to Register information.
30306.  National Driver Register Advisory Committee.
30307.  Criminal penalties.
30308.  Authorization of appropriations.

Sec. 30301. Definitions

    In this chapter--
        (1) ``alcohol'' has the same meaning given that term in 
    regulations prescribed by the Secretary of Transportation.
        (2) ``chief driver licensing official'' means the official in a 
    State who is authorized to--
            (A) maintain a record about a motor vehicle operator's 
        license issued by the State; and
            (B) issue, deny, revoke, suspend, or cancel a motor vehicle 
        operator's license issued by the State.
        (3) ``controlled substance'' has the same meaning given that 
    term in section 102 of the Comprehensive Drug Abuse Prevention and 
    Control Act of 1970 (21 U.S.C. 802).
        (4) ``motor vehicle'' means a vehicle, machine, tractor, 
    trailer, or semitrailer propelled or drawn by mechanical power and 
    used on public streets, roads, or highways, but does not include a 
    vehicle operated only on a rail line.
        (5) ``motor vehicle operator's license'' means a license issued 
    by a State authorizing an individual to operate a motor vehicle on 
    public streets, roads, or highways.
        (6) ``participating State'' means a State that has notified the 
    Secretary under section 30303 of this title of its participation in 
    the National Driver Register.
        (7) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, 
    the Northern Mariana Islands, the Trust Territory of the Pacific 
    Islands, and any other territory or possession of the United 
    States.
        (8) ``State of record'' means a State that has given the 
    Secretary a report under section 30304 of this title about an 
    individual who is the subject of a request for information made 
    under section 30305 of this title.

Sec. 30302. National Driver Register

    (a) Establishment and Contents.--The Secretary of Transportation 
shall establish as soon as practicable and maintain a National Driver 
Register to assist chief driver licensing officials of participating 
States in exchanging information about the motor vehicle driving 
records of individuals. The Register shall contain an index of the 
information reported to the Secretary under section 30304 of this 
title. The Register shall enable the Secretary (electronically or, 
until all States can participate electronically, by United States 
mail)--
        (1) to receive information submitted under section 30304 of 
    this title by the chief driver licensing official of a State of 
    record;
        (2) to receive a request for information made by the chief 
    driver licensing official of a participating State under section 
    30305 of this title;
        (3) to refer the request to the chief driver licensing official 
    of a State of record; and
        (4) in response to the request, to relay information provided 
    by a chief driver licensing official of a State of record to the 
    chief driver licensing official of a participating State, without 
    interception of the information.
    (b) Accuracy of Information.--The Secretary is not responsible for 
the accuracy of information relayed to the chief driver licensing 
official of a participating State. However, the Secretary shall 
maintain the Register in a way that ensures against inadvertent 
alteration of information during a relay.
    (c) Transition From Prior Register.--(1) The Secretary shall 
provide by regulation for the orderly transition from the register 
maintained under the Act of July 14, 1960 (Public Law 86-660, 74 Stat. 
526), as restated by section 401 of the National Traffic and Motor 
Vehicle Safety Act of 1966 (Public Law 89-563, 80 Stat. 730), to the 
Register maintained under this chapter.
    (2)(A) The Secretary shall delete from the Register a report or 
information that was compiled under the Act of July 14, 1960 (Public 
Law 86-660, 74 Stat. 526), as restated by section 401 of the National 
Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563, 80 
Stat. 730), and transferred to the Register, after the earlier of--
        (i) the date the State of record removes it from the State's 
    file;
        (ii) 7 years after the date the report or information is 
    entered in the Register; or
        (iii) the date a fully electronic Register system is 
    established.
    (B) The report or information shall be disposed of under chapter 33 
of title 44.
    (3) If the chief driver licensing official of a participating State 
finds that information provided for inclusion in the Register is 
erroneous or is related to a conviction of a traffic offense that 
subsequently is reversed, the official immediately shall notify the 
Secretary. The Secretary shall provide for the immediate deletion of 
the information from the Register.
    (d) Assignment of Personnel.--In carrying out this chapter, the 
Secretary shall assign personnel necessary to ensure the effective 
operation of the Register.

Sec. 30303. State participation

    (a) Notification.--A State may become a participating State under 
this chapter by notifying the Secretary of Transportation of its 
intention to be bound by section 30304 of this title.
    (b) Withdrawal.--A participating State may end its status as a 
participating State by notifying the Secretary of its withdrawal from 
participation in the National Driver Register.
    (c) Form and Way of Notification.--Notification by a State under 
this section shall be made in the form and way the Secretary prescribes 
by regulation.

Sec. 30304. Reports by chief driver licensing officials

    (a) Individuals Covered.--As soon as practicable, the chief driver 
licensing official of each participating State shall submit to the 
Secretary of Transportation a report containing the information 
specified by subsection (b) of this section for each individual--
        (1) who is denied a motor vehicle operator's license by that 
    State for cause;
        (2) whose motor vehicle operator's license is revoked, 
    suspended, or canceled by that State for cause; or
        (3) who is convicted under the laws of that State of any of the 
    following motor vehicle-related offenses or comparable offenses:
            (A) operating a motor vehicle while under the influence of, 
        or impaired by, alcohol or a controlled substance.
            (B) a traffic violation arising in connection with a fatal 
        traffic accident, reckless driving, or racing on the highways.
            (C) failing to give aid or provide identification when 
        involved in an accident resulting in death or personal injury.
            (D) perjury or knowingly making a false affidavit or 
        statement to officials about activities governed by a law or 
        regulation on the operation of a motor vehicle.
    (b) Contents.--(1) Except as provided in paragraph (2) of this 
subsection, a report under subsection (a) of this section shall 
contain--
        (A) the individual's legal name, date of birth, sex, and, at 
    the Secretary's discretion, height, weight, and eye and hair color;
        (B) the name of the State providing the information; and
        (C) the social security account number if used by the State for 
    driver record or motor vehicle license purposes, and the motor 
    vehicle operator's license number if different from the social 
    security account number.
    (2) A report under subsection (a) of this section about an event 
that occurs during the 2-year period before the State becomes a 
participating State is sufficient if the report contains all of the 
information that is available to the chief driver licensing official 
when the State becomes a participating State.
    (c) Time for Filing.--If a report under subsection (a) of this 
section is about an event that occurs--
        (1) during the 2-year period before the State becomes a 
    participating State, the report shall be submitted not later than 6 
    months after the State becomes a participating State; or
        (2) after the State becomes a participating State, the report 
    shall be submitted not later than 31 days after the motor vehicle 
    department of the State receives any information specified in 
    subsection (b)(1) of this section that is the subject of the 
    report.
    (d) Events Occurring Before Participation.--This section does not 
require a State to report information about an event that occurs before 
the 2-year period before the State becomes a participating State.

Sec. 30305. Access to Register information

    (a) Referrals of Information Requests.--(1) To carry out duties 
related to driver licensing, driver improvement, or transportation 
safety, the chief driver licensing official of a participating State 
may request the Secretary of Transportation to refer, electronically or 
by United States mail, a request for information about the motor 
vehicle driving record of an individual to the chief driver licensing 
official of a State of record.
    (2) The Secretary of Transportation shall relay, electronically or 
by United States mail, information received from the chief driver 
licensing official of a State of record in response to a request under 
paragraph (1) of this subsection to the chief driver licensing official 
of the participating State requesting the information. However, the 
Secretary may refuse to relay information to the chief driver licensing 
official of a participating State that does not comply with section 
30304 of this title.
    (b) Requests To Obtain Information.--(1) The Chairman of the 
National Transportation Safety Board and the Administrator of the 
Federal Highway Administration may request the chief driver licensing 
official of a State to obtain information under subsection (a) of this 
section about an individual who is the subject of an accident 
investigation conducted by the Board or the Administrator. The Chairman 
and the Administrator may receive the information.
    (2) An individual who is employed, or is seeking employment, as a 
driver of a motor vehicle may request the chief driver licensing 
official of the State in which the individual is employed or seeks 
employment to provide information about the individual under subsection 
(a) of this section to the individual's employer or prospective 
employer. An employer or prospective employer may receive the 
information and shall make the information available to the individual. 
Information may not be obtained from the National Driver Register under 
this paragraph if the information was entered in the Register more than 
3 years before the request.
    (3) An individual who has received, or is applying for, an airman's 
certificate may request the chief driver licensing official of a State 
to provide information about the individual under subsection (a) of 
this section to the Administrator of the Federal Aviation 
Administration. The Administrator may receive the information and shall 
make the information available to the individual for review and written 
comment. The Administrator may use the information to verify 
information required to be reported to the Administrator by an airman 
applying for an airman medical certificate and to evaluate whether the 
airman meets the minimum standards prescribed by the Administrator to 
be issued an airman medical certificate. The Administrator may not 
otherwise divulge or use the information. Information may not be 
obtained from the Register under this paragraph if the information was 
entered in the Register more than 3 years before the request, unless 
the information is about a revocation or suspension still in effect on 
the date of the request.
    (4) An individual who is employed, or is seeking employment, by a 
rail carrier as an operator of a locomotive may request the chief 
driver licensing official of a State to provide information about the 
individual under subsection (a) of this section to the individual's 
employer or prospective employer or to the Secretary of Transportation. 
Information may not be obtained from the Register under this paragraph 
if the information was entered in the Register more than 3 years before 
the request, unless the information is about a revocation or suspension 
still in effect on the date of the request.
    (5) An individual who holds, or is applying for, a license or 
certificate of registry under section 7101 of title 46, or a merchant 
mariner's document under section 7302 of title 46, may request the 
chief driver licensing official of a State to provide information about 
the individual under subsection (a) of this section to the Secretary of 
the department in which the Coast Guard is operating. The Secretary may 
receive the information and shall make the information available to the 
individual for review and written comment before denying, suspending, 
or revoking the license, certificate, or document of the individual 
based on the information and before using the information in an action 
taken under chapter 77 of title 46. The Secretary may not otherwise 
divulge or use the information, except for purposes of section 7101, 
7302, or 7703 of title 46. Information may not be obtained from the 
Register under this paragraph if the information was entered in the 
Register more than 3 years before the request, unless the information 
is about a revocation or suspension still in effect on the date of the 
request.
    (6) An individual may request the chief driver licensing official 
of a State to obtain information about the individual under subsection 
(a) of this section--
        (A) to learn whether information about the individual is being 
    provided;
        (B) to verify the accuracy of the information; or
        (C) to obtain a certified copy of the information.
    (7) A request under this subsection shall be made in the form and 
way the Secretary of Transportation prescribes by regulation.
    (c) Relationship to Other Laws.--A request for, or receipt of, 
information from the Register is subject to sections 552 and 552a of 
title 5, and other applicable laws of the United States or a State, 
except that--
        (1) the Secretary of Transportation may not relay or otherwise 
    provide information specified in section 30304(b)(1)(A) or (C) of 
    this title to a person not authorized by this section to receive 
    the information;
        (2) a request for, or receipt of, information by a chief driver 
    licensing official, or by a person authorized by subsection (b) of 
    this section to request and receive the information, is deemed to 
    be a routine use under section 552a(b) of title 5; and
        (3) receipt of information by a person authorized by this 
    section to receive the information is deemed to be a disclosure 
    under section 552a(c) of title 5, except that the Secretary of 
    Transportation is not required to retain the accounting made under 
    section 552a(c)(1) for more than 7 years after the disclosure.
    (d) Availability of Information Provided Under Prior Law.--
Information provided by a State under the Act of July 14, 1960 (Public 
Law 86-660, 74 Stat. 526), as restated by section 401 of the National 
Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563, 80 
Stat. 730), and under this chapter, shall be available under this 
section during the transition from the register maintained under that 
Act to the Register maintained under this chapter.

Sec. 30306. National Driver Register Advisory Committee

    (a) Organization.--There is a National Driver Register Advisory 
Committee.
    (b) Duties.--The Committee shall advise the Secretary of 
Transportation on--
        (1) the efficiency of the maintenance and operation of the 
    National Driver Register; and
        (2) the effectiveness of the Register in assisting States in 
    exchanging information about motor vehicle driving records.
    (c) Composition and Appointment.--The Committee is composed of 15 
members appointed by the Secretary as follows:
        (1) 3 members appointed from among individuals who are 
    specially qualified to serve on the Committee because of their 
    education, training, or experience, and who are not officers or 
    employees of the United States Government or a State.
        (2) 3 members appointed from among groups outside the 
    Government that represent the interests of bus and trucking 
    organizations, enforcement officials, labor, or safety 
    organizations.
        (3) 9 members, geographically representative of the 
    participating States, appointed from among individuals who are 
    chief driver licensing officials of participating States.
    (d) Terms.--(1) Except as provided in paragraph (2) of this 
subsection, the term of each member is 3 years.
    (2) A vacancy on the Committee shall be filled in the same way as 
an original appointment. A member appointed to fill a vacancy serves 
for the remainder of the term of that member's predecessor. After a 
member's term ends, the member may continue to serve until a successor 
takes office.
    (e) Pay and Expenses.--Members of the Committee serve without pay. 
However, the Secretary may reimburse a member for reasonable travel 
expenses incurred by the member in attending meetings of the Committee.
    (f) Meetings, Chairman, Vice Chairman, and Quorum.--(1) The 
Committee shall meet at least once a year.
    (2) The Committee shall elect a Chairman and a Vice Chairman from 
among its members.
    (3) Eight members are a quorum.
    (4) The Committee shall meet at the call of the Chairman or a 
majority of the members.
    (g) Personnel and Services.--The Secretary may provide the 
Committee with personnel, penalty mail privileges, and similar services 
the Secretary considers necessary to assist the Committee in carrying 
out its duties and powers under this section.
    (h) Reports.--At least once a year, the Committee shall submit to 
the Secretary a report on the matters specified in subsection (b) of 
this section. The report shall include any recommendations of the 
Committee for changes in the Register.
    (i) Relationship to Other Laws.--The Committee is exempt from 
sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5 
App. U.S.C.).

Sec. 30307. Criminal penalties

    (a) General Penalty.--A person (except an individual described in 
section 30305(b)(6) of this title) shall be fined under title 18, 
imprisoned for not more than one year, or both, if--
        (1) the person receives under section 30305 of this title 
    information specified in section 30304(b)(1)(A) or (C) of this 
    title;
        (2) disclosure of the information is not authorized by section 
    30305 of this title; and
        (3) the person willfully discloses the information knowing that 
    disclosure is not authorized.
    (b) Information Penalty.--A person knowingly and willfully 
requesting, or under false pretenses obtaining, information specified 
in section 30304(b)(1)(A) or (C) of this title from a person receiving 
the information under section 30305 of this title shall be fined under 
title 18, imprisoned for not more than one year, or both.

Sec. 30308. Authorization of appropriations

    (a) General.--The Secretary of Transportation shall make available 
from amounts made available to carry out section 402 of title 23 
$4,000,000 for each of the fiscal years ending September 30, 1993, and 
September 30, 1994, to carry out this chapter.
    (b) Availability of Amounts.--Amounts appropriated under this 
section remain available until expended.

       CHAPTER 305--NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM

Sec.
30501.  Definitions.
30502.  National Automobile Title Information System.
30503.  State participation.
30504.  Reporting requirements.
30505.  Penalties and enforcement.

Sec. 30501. Definitions

    In this chapter--
        (1) ``automobile'' has the same meaning given that term in 
    section 32901(a) of this title.
        (2) ``certificate of title'' means a document issued by a State 
    showing ownership of an automobile.
        (3) ``insurance carrier'' means an individual or entity engaged 
    in the business of underwriting automobile insurance.
        (4) ``junk automobile'' means an automobile that--
            (A) is incapable of operating on public streets, roads, and 
        highways; and
            (B) has no value except as a source of parts or scrap.
        (5) ``junk yard'' means an individual or entity engaged in the 
    business of acquiring or owning junk automobiles for--
            (A) resale in their entirety or as spare parts; or
            (B) rebuilding, restoration, or crushing.
        (6) ``operator'' means the individual or entity authorized or 
    designated as the operator of the National Automobile Title 
    Information System under section 30502(b) of this title, or the 
    Secretary of Transportation, if there is no authorized or 
    designated individual or entity.
        (7) ``salvage automobile'' means an automobile that is damaged 
    by collision, fire, flood, accident, trespass, or other event, to 
    the extent that its fair salvage value plus the cost of repairing 
    the automobile for legal operation on public streets, roads, and 
    highways would be more than the fair market value of the automobile 
    immediately before the event that caused the damage.
        (8) ``salvage yard'' means an individual or entity engaged in 
    the business of acquiring or owning salvage automobiles for--
            (A) resale in their entirety or as spare parts; or
            (B) rebuilding, restoration, or crushing.
        (9) ``State'' means a State of the United States or the 
    District of Columbia.

Sec. 30502. National Automobile Title Information System

    (a) Establishment or Designation.--(1) In cooperation with the 
States and not later than January 31, 1996, the Secretary of 
Transportation shall establish a National Automobile Title Information 
System that will provide individuals and entities referred to in 
subsection (e) of this section with instant and reliable access to 
information maintained by the States related to automobile titling 
described in subsection (d) of this section. However, if the Secretary 
decides that the existing information system meets the requirements of 
subsections (d) and (e) of this section and will permit the Secretary 
to carry out this chapter as early as possible, the Secretary, in 
consultation with the Attorney General, may designate an existing 
information system as the National Automobile Title Information System.
    (2) In cooperation with the Attorney General and the States, the 
Secretary shall ascertain the extent to which title and related 
information to be included in the system established under paragraph 
(1) of this subsection will be adequate, timely, reliable, uniform, and 
capable of assisting in efforts to prevent the introduction or 
reintroduction of stolen vehicles and parts into interstate commerce.
    (b) Operation.--The Secretary may authorize the operation of the 
System established or designated under subsection (a)(1) of this 
section by agreement with one or more States, or by designating, after 
consulting with the States, a third party that represents the interests 
of the States.
    (c) User Fees.--Operation of the System established or designated 
under subsection (a)(1) of this section shall be paid for by user fees 
and should be self-sufficient and not be dependent on amounts from the 
United States Government. The amount of fees the operator collects and 
keeps under this subsection subject to annual appropriation laws, 
excluding fees the operator collects and pays to an entity providing 
information to the operator, may be not more than the costs of 
operating the System.
    (d) Information Requirements.--The System established or designated 
under subsection (a)(1) of this section shall permit a user of the 
System at least to establish instantly and reliably--
        (1) the validity and status of a document purporting to be a 
    certificate of title;
        (2) whether an automobile bearing a known vehicle 
    identification number is titled in a particular State;
        (3) whether an automobile known to be titled in a particular 
    State is or has been a junk automobile or a salvage automobile;
        (4) for an automobile known to be titled in a particular State, 
    the odometer mileage disclosure required under section 32705 of 
    this title for that automobile on the date the certificate of title 
    for that automobile was issued and any later mileage information, 
    if noted by the State; and
        (5) whether an automobile bearing a known vehicle 
    identification number has been reported as a junk automobile or a 
    salvage automobile under section 30504 of this title.
    (e) Availability of Information.--(1) The operator shall make 
available--
        (A) to a participating State on request of that State, 
    information in the System about any automobile;
        (B) to a Government, State, or local law enforcement official 
    on request of that official, information in the System about a 
    particular automobile, junk yard, or salvage yard;
        (C) to a prospective purchaser of an automobile on request of 
    that purchaser, including an auction company or entity engaged in 
    the business of purchasing used automobiles, information in the 
    System about that automobile; and
        (D) to a prospective or current insurer of an automobile on 
    request of that insurer, information in the System about that 
    automobile.
    (2) The operator may release only the information reasonably 
necessary to satisfy the requirements of paragraph (1) of this 
subsection. The operator may not collect an individual's social 
security account number or permit users of the System to obtain an 
individual's address or social security account number.

Sec. 30503. State participation

    (a) State Information.--Each State shall make titling information 
maintained by that State available for use in operating the National 
Automobile Title Information System established or designated under 
section 30502 of this title.
    (b) Verification Checks.--Each State shall establish a practice of 
performing an instant title verification check before issuing a 
certificate of title to an individual or entity claiming to have 
purchased an automobile from an individual or entity in another State. 
The check shall consist of--
        (1) communicating to the operator--
            (A) the vehicle identification number of the automobile for 
        which the certificate of title is sought;
            (B) the name of the State that issued the most recent 
        certificate of title for the automobile; and
            (C) the name of the individual or entity to whom the 
        certificate of title was issued; and
        (2) giving the operator an opportunity to communicate to the 
    participating State the results of a search of the information.
    (c) Grants to States.--(1) In cooperation with the States and not 
later than January 1, 1994, the Secretary of Transportation shall--
        (A) conduct a review of systems used by the States to compile 
    and maintain information about the titling of automobiles; and
        (B) determine for each State the cost of making titling 
    information maintained by that State available to the operator to 
    meet the requirements of section 30502(d) of this title.
    (2) The Secretary may make grants to participating States to be 
used in making titling information maintained by those States available 
to the operator if--
        (A) the grant to a State is not more than the lesser of--
            (i) 25 percent of the cost of making titling information 
        maintained by that State available to the operator as 
        determined by the Secretary under paragraph (1)(B) of this 
        subsection; or
            (ii) $300,000; and
        (B) the Secretary decides that the grants are reasonable and 
    necessary to establish the System.
    (d) Report to Congress.--Not later than January 1, 1997, the 
Secretary shall report to Congress on which States have met the 
requirements of this section. If a State has not met the requirements, 
the Secretary shall describe the impediments that have resulted in the 
State's failure to meet the requirements.

Sec. 30504. Reporting requirements

    (a) Junk Yard and Salvage Yard Operators.--(1) Beginning at a time 
established by the Secretary of Transportation that is not sooner than 
the 3d month before the establishment or designation of the National 
Automobile Title Information System under section 30502 of this title, 
an individual or entity engaged in the business of operating a junk 
yard or salvage yard shall file a monthly report with the operator of 
the System. The report shall contain an inventory of all junk 
automobiles or salvage automobiles obtained by the junk yard or salvage 
yard during the prior month. The inventory shall contain--
        (A) the vehicle identification number of each automobile 
    obtained;
        (B) the date on which the automobile was obtained;
        (C) the name of the individual or entity from whom the 
    automobile was obtained; and
        (D) a statement of whether the automobile was crushed or 
    disposed of for sale or other purposes.
    (2) Paragraph (1) of this subsection does not apply to an 
individual or entity--
        (A) required by State law to report the acquisition of junk 
    automobiles or salvage automobiles to State or local authorities if 
    those authorities make that information available to the operator; 
    or
        (B) issued a verification under section 33110 of this title 
    stating that the automobile or parts from the automobile are not 
    reported as stolen.
    (b) Insurance Carriers.--Beginning at a time established by the 
Secretary that is not sooner than the 3d month before the establishment 
or designation of the System, an individual or entity engaged in 
business as an insurance carrier shall file a monthly report with the 
operator. The report may be filed directly or through a designated 
agent. The report shall contain an inventory of all automobiles of the 
current model year or any of the 4 prior model years that the carrier, 
during the prior month, has obtained possession of and has decided are 
junk automobiles or salvage automobiles. The inventory shall contain--
        (1) the vehicle identification number of each automobile 
    obtained;
        (2) the date on which the automobile was obtained;
        (3) the name of the individual or entity from whom the 
    automobile was obtained; and
        (4) the name of the owner of the automobile at the time of the 
    filing of the report.
    (c) Procedures and Practices.--The Secretary shall establish by 
regulation procedures and practices to facilitate reporting in the 
least burdensome and costly fashion.

Sec. 30505. Penalties and enforcement

    (a) Penalty.--An individual or entity violating this chapter is 
liable to the United States Government for a civil penalty of not more 
than $1,000 for each violation.
    (b) Collection and Compromise.--(1) The Secretary of Transportation 
shall impose a civil penalty under this section. The Attorney General 
shall bring a civil action to collect the penalty. The Secretary may 
compromise the amount of the penalty. In determining the amount of the 
penalty or compromise, the Secretary shall consider the appropriateness 
of the penalty to the size of the business of the individual or entity 
charged and the gravity of the violation.
    (2) The Government may deduct the amount of a civil penalty imposed 
or compromised under this section from amounts it owes the individual 
or entity liable for the penalty.

                           PART B--COMMERCIAL

              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

                       SUBCHAPTER I--STATE GRANTS

Sec.
31101.  Definitions.
31102.  Grants to States.
31103.  United States Government's share of costs.
31104.  Availability of amounts.
31105.  Employee protections.
31106.  Commercial motor vehicle information system program.
31107.  Truck and bus accident grant program.
31108.  Authorization of appropriations.

               SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS

31111.  Length limitations.
31112.  Property-carrying unit limitation.
31113.  Width limitations.
31114.  Access to the Interstate System.
31115.  Enforcement.

                    SUBCHAPTER III--SAFETY REGULATION

31131.  Purposes and findings.
31132.  Definitions.
31133.  General powers of the Secretary of Transportation.
31134.  Commercial Motor Vehicle Safety Regulatory Review Panel.
31135.  Duties of employers and employees.
31136.  United States Government regulations.
31137.  Monitoring device and brake maintenance regulations.
31138.  Minimum financial responsibility for transporting passengers.
31139.  Minimum financial responsibility for transporting property.
31140.  Submission of State laws and regulations for review.
31141.  Review and preemption of State laws and regulations.
31142.  Inspection of vehicles.
31143.  Investigating complaints and protecting complainants.
31144.  Safety fitness of owners and operators.
31145.  Coordination of Governmental activities and paperwork.
31146.  Relationship to other laws.
31147.  Limitations on authority.

                      SUBCHAPTER IV--MISCELLANEOUS

31161.  Procedures to ensure timely correction of safety violations.
31162.  Compliance review priority.

                       SUBCHAPTER I--STATE GRANTS

Sec. 31101. Definitions

    In this subchapter--
        (1) ``commercial motor vehicle'' means (except in section 
    31106) a self-propelled or towed vehicle used on the highways in 
    commerce principally to transport passengers or cargo, if the 
    vehicle--
            (A) has a gross vehicle weight rating of at least 10,000 
        pounds;
            (B) is designed to transport more than 10 passengers 
        including the driver; or
            (C) is used in transporting material found by the Secretary 
        of Transportation to be hazardous under section 5103 of this 
        title.
        (2) ``employee'' means a driver of a commercial motor vehicle 
    (including an independent contractor when personally operating a 
    commercial motor vehicle), a mechanic, a freight handler, or an 
    individual not an employer, who--
            (A) directly affects commercial motor vehicle safety in the 
        course of employment by a commercial motor carrier; and
            (B) is not an employee of the United States Government, a 
        State, or a political subdivision of a State acting in the 
        course of employment.
        (3) ``employer''--
            (A) means a person engaged in a business affecting commerce 
        that owns or leases a commercial motor vehicle in connection 
        with that business, or assigns an employee to operate the 
        vehicle in commerce; but
            (B) does not include the Government, a State, or a 
        political subdivision of a State.
        (4) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, 
    and the Northern Mariana Islands.

Sec. 31102. Grants to States

    (a) General Authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may make 
grants to States for the development or implementation of programs for 
the enforcement of regulations, standards, and orders of the United 
States Government on commercial motor vehicle safety and compatible 
State regulations, standards, and orders.
    (b) State Plan Procedures and Contents.--(1) The Secretary shall 
prescribe procedures for a State to submit a plan under which the State 
agrees to adopt and assume responsibility for enforcing regulations, 
standards, and orders of the Government on commercial motor vehicle 
safety or compatible State regulations, standards, and orders. The 
Secretary shall approve the plan if the Secretary decides the plan is 
adequate to promote the objectives of this section and the plan--
        (A) designates the State motor vehicle safety agency 
    responsible for administering the plan throughout the State;
        (B) contains satisfactory assurances the agency has or will 
    have the legal authority, resources, and qualified personnel 
    necessary to enforce the regulations, standards, and orders;
        (C) contains satisfactory assurances the State will devote 
    adequate amounts to the administration of the plan and enforcement 
    of the regulations, standards, and orders;
        (D) provides that the total expenditure of amounts of the State 
    and its political subdivisions (not including amounts of the 
    Government) for commercial motor vehicle safety programs for 
    enforcement of commercial motor vehicle size and weight 
    limitations, drug interdiction, and State traffic safety laws and 
    regulations under subsection (c) of this section will be maintained 
    at a level at least equal to the average level of that expenditure 
    for its last 3 full fiscal years before December 18, 1991;
        (E) provides a right of entry and inspection to carry out the 
    plan;
        (F) provides that all reports required under this section be 
    submitted to the agency and that the agency will make the reports 
    available to the Secretary on request;
        (G) provides that the agency will adopt the reporting 
    requirements and use the forms for recordkeeping, inspections, and 
    investigations the Secretary prescribes;
        (H) requires registrants of commercial motor vehicles to make a 
    declaration of knowledge of applicable safety regulations, 
    standards, and orders of the Government and the State;
        (I) provides that the State will grant maximum reciprocity for 
    inspections conducted under the North American Inspection Standard 
    through the use of a nationally accepted system that allows ready 
    identification of previously inspected commercial motor vehicles;
        (J) ensures that activities described in subsection (c) of this 
    section, if financed with grants under subsection (a) of this 
    section, will not diminish the effectiveness of the development and 
    implementation of commercial motor vehicle safety programs 
    described in subsection (a);
        (K) ensures that fines imposed and collected by the State for 
    violations of commercial motor vehicle safety regulations will be 
    reasonable and appropriate and that, to the maximum extent 
    practicable, the State will attempt to implement the recommended 
    fine schedule published by the Commercial Vehicle Safety Alliance;
        (L) ensures that the State agency will coordinate the plan 
    prepared under this section with the State highway safety plan 
    under section 402 of title 23;
        (M) ensures participation by the 48 contiguous States in 
    SAFETYNET not later than January 1, 1994;
        (N) provides satisfactory assurances that the State will 
    undertake efforts that will emphasize and improve enforcement of 
    State and local traffic safety laws and regulations related to 
    commercial motor vehicle safety;
        (O) provides satisfactory assurances that the State will 
    promote activities--
            (i) to remove impaired commercial motor vehicle drivers 
        from the highways of the United States through adequate 
        enforcement of regulations on the use of alcohol and controlled 
        substances and by ensuring ready roadside access to alcohol 
        detection and measuring equipment;
            (ii) to provide an appropriate level of training to State 
        motor carrier safety assistance program officers and employees 
        on recognizing drivers impaired by alcohol or controlled 
        substances;
            (iii) to promote enforcement of the requirements related to 
        the licensing of commercial motor vehicle drivers, including 
        checking the status of commercial drivers' licenses; and
            (iv) to improve enforcement of hazardous material 
        transportation regulations by encouraging more inspections of 
        shipper facilities affecting highway transportation and more 
        comprehensive inspection of the loads of commercial motor 
        vehicles transporting hazardous material; and
        (P) provides satisfactory assurances that the State will 
    promote effective--
            (i) interdiction activities affecting the transportation of 
        controlled substances by commercial motor vehicle drivers and 
        training on appropriate strategies for carrying out those 
        interdiction activities; and
            (ii) use of trained and qualified officers and employees of 
        political subdivisions and local governments, under the 
        supervision and direction of the State motor vehicle safety 
        agency, in the enforcement of regulations affecting commercial 
        motor vehicle safety and hazardous material transportation 
        safety.
    (2) If the Secretary disapproves a plan under this subsection, the 
Secretary shall give the State a written explanation and allow the 
State to modify and resubmit the plan for approval.
    (3) In estimating the average level of State expenditure under 
paragraph (1)(D) of this subsection, the Secretary--
        (A) may allow the State to exclude State expenditures for 
    Government-sponsored demonstration or pilot programs; and
        (B) shall require the State to exclude Government amounts and 
    State matching amounts used to receive Government financing under 
    subsection (a) of this section.
    (c) Use of Grants to Enforce Other Laws.--A State may use amounts 
received under a grant under subsection (a) of this section for the 
following activities if the activities are carried out in conjunction 
with an appropriate inspection of the commercial motor vehicle to 
enforce Government or State commercial motor vehicle safety 
regulations:
        (1) enforcement of commercial motor vehicle size and weight 
    limitations at locations other than fixed weight facilities, at 
    specific locations such as steep grades or mountainous terrains 
    where the weight of a commercial motor vehicle can significantly 
    affect the safe operation of the vehicle, or at ports where 
    intermodal shipping containers enter and leave the United States.
        (2) detection of the unlawful presence of a controlled 
    substance (as defined under section 102 of the Comprehensive Drug 
    Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a 
    commercial motor vehicle or on the person of any occupant 
    (including the operator) of the vehicle.
        (3) enforcement of State traffic laws and regulations designed 
    to promote the safe operation of commercial motor vehicles.
    (d) Continuous Evaluation of Plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State with a plan 
approved under this section and the Secretary's own investigations, the 
Secretary shall make a continuing evaluation of the way the State is 
carrying out the plan. If the Secretary finds, after notice and 
opportunity for comment, the State plan previously approved is not 
being followed or has become inadequate to ensure enforcement of the 
regulations, standards, or orders, the Secretary shall withdraw 
approval of the plan and notify the State. The plan stops being 
effective when the notice is received. A State adversely affected by 
the withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain jurisdiction in 
administrative or judicial proceedings begun before the withdrawal if 
the issues involved are not related directly to the reasons for the 
withdrawal.

Sec. 31103. United States Government's share of costs

    The Secretary of Transportation shall reimburse a State, from a 
grant made under this subchapter, an amount that is not more than 80 
percent of the costs incurred by the State in a fiscal year in 
developing and implementing programs to enforce commercial motor 
vehicle regulations, standards, or orders adopted under this subchapter 
or subchapter II of this chapter. In determining those costs, the 
Secretary shall include in-kind contributions by the State. Amounts of 
the State and its political subdivisions required to be expended under 
section 31102(b)(1)(D) of this title may not be included as part of the 
share not provided by the United States Government. The Secretary may 
allocate among the States whose applications for grants have been 
approved those amounts appropriated for grants to support those 
programs, under criteria that may be established.

Sec. 31104. Availability of amounts

    (a) General.--Subject to section 9503(c)(1) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts are 
available from the Highway Trust Fund (except the Mass Transit Account) 
for the Secretary of Transportation to incur obligations to carry out 
section 31102 of this title:
        (1) not more than $76,000,000 for the fiscal year ending 
    September 30, 1993.
        (2) not more than $80,000,000 for the fiscal year ending 
    September 30, 1994.
        (3) not more than $83,000,000 for the fiscal year ending 
    September 30, 1995.
        (4) not more than $85,000,000 for the fiscal year ending 
    September 30, 1996.
        (5) not more than $90,000,000 for the fiscal year ending 
    September 30, 1997.
    (b) Availability and Reallocation of Amounts.--(1) Amounts made 
available under subsection (a) of this section remain available until 
expended. Allocations to a State remain available for expenditure in 
the State for the fiscal year in which they are allocated and for the 
next fiscal year. Amounts not expended by a State during those 2 fiscal 
years are released to the Secretary for reallocation.
    (2) Amounts made available under section 404(a)(2) of the Surface 
Transportation Assistance Act of 1982 before October 1, 1991, that are 
not obligated on October 1, 1992, are available for reallocation and 
obligation under paragraph (1) of this subsection.
    (c) Reimbursement for Government's Share of Costs.--Amounts made 
available under subsection (a) of this section shall be used to 
reimburse States proportionately for the United States Government's 
share of costs incurred.
    (d) Grants as Contractual Obligations.--Approval by the Secretary 
of a grant to a State under section 31102 of this title is a 
contractual obligation of the Government for payment of the 
Government's share of costs incurred by the State in developing, 
implementing, or developing and implementing programs to enforce 
commercial motor vehicle regulations, standards, and orders.
    (e) Deduction for Administrative Expenses.--On October 1 of each 
fiscal year or as soon after that date as practicable, the Secretary 
may deduct, from amounts made available under subsection (a) of this 
section for that fiscal year, not more than 1.25 percent of those 
amounts for administrative expenses incurred in carrying out section 
31102 of this title in that fiscal year. The Secretary shall use at 
least 75 percent of those deducted amounts to train non-Government 
employees and to develop related training materials in carrying out 
section 31102.
    (f) Allocation Criteria.--On October 1 of each fiscal year or as 
soon after that date as practicable, the Secretary, after making the 
deduction described in subsection (e) of this section, shall allocate 
under criteria the Secretary establishes the amounts available for that 
fiscal year among the States with plans approved under section 31102 of 
this title. However, the Secretary may designate specific eligible 
States among which to allocate those amounts in allocating amounts 
available--
        (1) for research, development, and demonstration under 
    subsection (g)(1)(F) of this section; and
        (2) for public education under subsection (g)(1)(G) of this 
    section.
    (g) Specific Allocations.--(1) Of amounts made available under 
subsection (a) of this section--
        (A) for each fiscal year beginning after September 30, 1992, 
    the Secretary shall obligate at least $1,500,000 to make grants to 
    States for training inspectors to enforce regulations prescribed by 
    the Secretary related to the transportation of hazardous material 
    by commercial motor vehicles;
        (B) for each of the fiscal years ending September 30, 1993-
    1997, the Secretary may obligate not more than $2,000,000 to carry 
    out section 31106 of this title;
        (C) for each of the fiscal years ending September 30, 1993-
    1997, the Secretary may obligate not more than $2,000,000 to carry 
    out section 31107 of this title;
        (D) for each of the fiscal years ending September 30, 1993-
    1995, the Secretary shall obligate at least $4,250,000, and for 
    each of the fiscal years ending September 30, 1996, and 1997, the 
    Secretary shall obligate at least $5,000,000, for traffic 
    enforcement activities related to commercial motor vehicle drivers 
    that are carried out in conjunction with an appropriate inspection 
    of a commercial motor vehicle for compliance with Government or 
    State commercial motor vehicle safety regulations;
        (E) for each of the fiscal years ending September 30, 1993-
    1995, the Secretary shall obligate at least $1,000,000 to increase 
    enforcement of the licensing requirements of chapter 313 of this 
    title by motor carrier safety assistance program officers and 
    employees, including the cost of purchasing equipment for, and 
    conducting, inspections to check the current status of licenses 
    issued under chapter 313;
        (F) for each fiscal year, the Secretary shall obligate at least 
    $500,000 for research, development, and demonstration of 
    technologies, methodologies, analyses, or information systems 
    designed to carry out section 31102 of this title and that are 
    beneficial to all jurisdictions; and
        (G) for each fiscal year, the Secretary shall obligate at least 
    $350,000 to educate the motoring public on how to share the road 
    safely with commercial motor vehicles.
    (2) The Secretary shall announce publicly amounts obligated under 
paragraph (1)(F) of this subsection and award those amounts 
competitively, when practicable, to any eligible State for up to 100 
percent of the State costs or to other persons as the Secretary 
decides.
    (3) In carrying out educational activities referred to in paragraph 
(1)(G) of this subsection, the Secretary shall consult with appropriate 
industry representatives.
    (h) Payment to States for Costs.--Each State shall submit vouchers 
for costs the State incurs under this section and section 31102 of this 
title. The Secretary shall pay the State an amount not more than the 
Government share of costs incurred as of the date of the vouchers.
    (i) Improved Allocation Formula.--The Secretary shall prescribe 
regulations to develop an improved formula and process for allocating 
amounts made available for grants under section 31102(a) of this title 
among States eligible for those amounts. In prescribing those 
regulations, the Secretary shall--
        (1) consider ways to provide incentives to States that 
    demonstrate innovative, successful, cost-efficient, or cost-
    effective programs to promote commercial motor vehicle safety and 
    hazardous material transportation safety;
        (2) place special emphasis on incentives to States that conduct 
    traffic safety enforcement activities that are coupled with motor 
    carrier safety inspections; and
        (3) consider ways to provide incentives to States that increase 
    compatibility of State commercial motor vehicle safety and 
    hazardous material transportation regulations with Government 
    safety regulations and promote other factors intended to promote 
    effectiveness and efficiency the Secretary decides are appropriate.
    (j) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for ensuring 
compatibility of intrastate commercial motor vehicle safety laws and 
regulations with Government motor carrier safety regulations to be 
enforced under section 31102(a) of this title. To the extent 
practicable, the guidelines and standards shall allow for maximum 
flexibility while ensuring the degree of uniformity that will not 
diminish transportation safety. In reviewing State plans and allocating 
amounts or making grants under section 153 of title 23, the Secretary 
shall ensure that the guidelines and standards are applied uniformly.

Sec. 31105. Employee protections

    (a) Prohibitions.--(1) A person may not discharge an employee, or 
discipline or discriminate against an employee regarding pay, terms, or 
privileges of employment, because--
        (A) the employee, or another person at the employee's request, 
    has filed a complaint or begun a proceeding related to a violation 
    of a commercial motor vehicle safety regulation, standard, or 
    order, or has testified or will testify in such a proceeding; or
        (B) the employee refuses to operate a vehicle because--
            (i) the operation violates a regulation, standard, or order 
        of the United States related to commercial motor vehicle safety 
        or health; or
            (ii) the employee has a reasonable apprehension of serious 
        injury to the employee or the public because of the vehicle's 
        unsafe condition.
    (2) Under paragraph (1)(B)(ii) of this subsection, an employee's 
apprehension of serious injury is reasonable only if a reasonable 
individual in the circumstances then confronting the employee would 
conclude that the unsafe condition establishes a real danger of 
accident, injury, or serious impairment to health. To qualify for 
protection, the employee must have sought from the employer, and been 
unable to obtain, correction of the unsafe condition.
    (b) Filing Complaints and Procedures.--(1) An employee alleging 
discharge, discipline, or discrimination in violation of subsection (a) 
of this section, or another person at the employee's request, may file 
a complaint with the Secretary of Labor not later than 180 days after 
the alleged violation occurred. On receiving the complaint, the 
Secretary shall notify the person alleged to have committed the 
violation of the filing of the complaint.
    (2)(A) Not later than 60 days after receiving a complaint, the 
Secretary shall conduct an investigation, decide whether it is 
reasonable to believe the complaint has merit, and notify the 
complainant and the person alleged to have committed the violation of 
the findings. If the Secretary decides it is reasonable to believe a 
violation occurred, the Secretary shall include with the decision 
findings and a preliminary order for the relief provided under 
paragraph (3) of this subsection.
    (B) Not later than 30 days after the notice under subparagraph (A) 
of this paragraph, the complainant and the person alleged to have 
committed the violation may file objections to the findings or 
preliminary order, or both, and request a hearing on the record. The 
filing of objections does not stay a reinstatement ordered in the 
preliminary order. If a hearing is not requested within the 30 days, 
the preliminary order is final and not subject to judicial review.
    (C) A hearing shall be conducted expeditiously. Not later than 120 
days after the end of the hearing, the Secretary shall issue a final 
order. Before the final order is issued, the proceeding may be ended by 
a settlement agreement made by the Secretary, the complainant, and the 
person alleged to have committed the violation.
    (3)(A) If the Secretary decides, on the basis of a complaint, a 
person violated subsection (a) of this section, the Secretary shall 
order the person to--
        (i) take affirmative action to abate the violation;
        (ii) reinstate the complainant to the former position with the 
    same pay and terms and privileges of employment; and
        (iii) pay compensatory damages, including back pay.
    (B) If the Secretary issues an order under subparagraph (A) of this 
paragraph and the complainant requests, the Secretary may assess 
against the person against whom the order is issued the costs 
(including attorney's fees) reasonably incurred by the complainant in 
bringing the complaint. The Secretary shall determine the costs that 
reasonably were incurred.
    (c) Judicial Review and Venue.--A person adversely affected by an 
order issued after a hearing under subsection (b) of this section may 
file a petition for review, not later than 60 days after the order is 
issued, in the court of appeals of the United States for the circuit in 
which the violation occurred or the person resided on the date of the 
violation. The review shall be heard and decided expeditiously. An 
order of the Secretary subject to review under this subsection is not 
subject to judicial review in a criminal or other civil proceeding.
    (d) Civil Actions To Enforce.--If a person fails to comply with an 
order issued under subsection (b) of this section, the Secretary shall 
bring a civil action to enforce the order in the district court of the 
United States for the judicial district in which the violation 
occurred.

Sec. 31106. Commercial motor vehicle information system program

    (a) Definition.--In this section, ``commercial motor vehicle'' 
means a self-propelled or towed vehicle used on highways in intrastate 
or interstate commerce to transport passengers or property, if the 
vehicle--
        (1) has a gross vehicle weight rating of at least 10,001 
    pounds;
        (2) is designed to transport more than 15 passengers, including 
    the driver; or
        (3) is used in transporting material found by the Secretary of 
    Transportation to be hazardous under section 5103 of this title and 
    that material is transported in a quantity requiring placarding 
    under regulations the Secretary prescribes under section 5103.
    (b) Information System.--(1) In cooperation with the States, the 
Secretary may establish as part of the motor carrier safety information 
network system of the Department of Transportation and similar State 
systems, an information system to serve as a clearinghouse and 
depository of information related to State registration and licensing 
of commercial motor vehicles and the safety fitness of the commercial 
motor vehicle registrants. The Secretary shall include in the system 
information on the safety fitness of each of the registrants and other 
information the Secretary considers appropriate, including information 
on vehicle inspections and out-of-service orders.
    (2) The operation of the information system established under 
paragraph (1) of this subsection shall be paid for by a schedule of 
user fees. The Secretary may authorize the operation of the information 
system by contract, through an agreement with one or more States, or by 
designating, after consulting with the States, a third party that 
represents the interests of the States.
    (3) The Secretary shall prescribe standards to ensure--
        (A) uniform information collection and reporting by the States 
    necessary to carry out this section; and
        (B) the availability and reliability of the information to the 
    States and the Secretary from the information system.
    (c) Demonstration Project.--The Secretary shall make grants to 
States to carry out a project to demonstrate ways of establishing an 
information system that will link the motor carrier safety information 
network system of the Department and similar State systems with the 
motor vehicle registration and licensing systems of the States. The 
project shall be designed--
        (1) to allow a State when issuing license plates for a 
    commercial motor vehicle to establish through use of the 
    information system the safety fitness of the person seeking to 
    register the vehicle; and
        (2) to decide on types of sanctions that may be imposed on the 
    registrant, or the types of conditions or limitations that may be 
    imposed on the operations of the registrant, to ensure the safety 
    fitness of the registrant.
    (d) Review of State Systems.--Not later than December 18, 1992, the 
Secretary, in cooperation with the States, shall review State motor 
vehicle registration systems related to license tags for commercial 
motor vehicles to decide whether those systems can be used in carrying 
out this section.
    (e) Regulations.--The Secretary shall prescribe regulations to 
carry out this section.
    (f) Report to Congress.--Not later than January 1, 1995, the 
Secretary shall submit a report to Congress on the cost, benefits, and 
feasibility of the information system established under subsection (b) 
of this section. If the Secretary decides that the system would be 
beneficial on a nationwide basis, the Secretary shall include in the 
report recommendations on legislation to implement a nationwide system.
    (g) Authorization of Appropriations.--Amounts necessary to carry 
out this section may be made available to the Secretary under section 
31104(g)(1)(B) of this title.

Sec. 31107. Truck and bus accident grant program

    (a) State Grants.--The Secretary of Transportation shall make 
grants to States that agree to adopt or have adopted the 
recommendations of the National Governors' Association related to 
police accident reports for truck and bus accidents. The Secretary may 
make a grant under this section only to assist a State in carrying out 
those recommendations, including--
        (1) assisting the State in designing appropriate forms;
        (2) drafting instruction manuals;
        (3) training appropriate State and local officers on matters, 
    including training on accident investigation techniques to decide 
    on the probable cause of truck and bus accidents;
        (4) analyzing and evaluating safety information to develop 
    recommended changes to existing safety programs necessary to 
    address more effectively the causes of truck and bus accidents; and
        (5) other activities the Secretary decides are appropriate to 
    carry out this section.
    (b) Coordination With Other Programs.--The Secretary shall 
coordinate grants made under this section with highway safety programs 
under section 402 of title 23. The Secretary may require that the 
information from police reports for truck and bus accidents be included 
in reports made to the Secretary under the uniform information 
collection and reporting program under section 402.
    (c) Authorization of Appropriations.--Amounts necessary to carry 
out this section may be made available to the Secretary under section 
31104(g)(1)(C) of this title.

Sec. 31108. Authorization of appropriations

    Not more than $--------- may be appropriated to the Secretary of 
Transportation for the fiscal year ending September 30, 19--, to carry 
out the safety duties and powers of the Federal Highway Administration.

              SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS

Sec. 31111. Length limitations

    (a) Definitions.--In this section--
        (1) ``maxi-cube vehicle'' means a truck tractor combined with a 
    semitrailer and a separable property-carrying unit designed to be 
    loaded and unloaded through the semitrailer, with the length of the 
    separable property-carrying unit being not more than 34 feet and 
    the length of the vehicle combination being not more than 65 feet.
        (2) ``truck tractor'' means--
            (A) a non-property-carrying power unit that operates in 
        combination with a semitrailer or trailer; or
            (B) a power unit that carries as property only motor 
        vehicles when operating in combination with a semitrailer in 
        transporting motor vehicles.
    (b) General Limitations.--(1) Except as provided in this section, a 
State may not prescribe or enforce a regulation of commerce that--
        (A) imposes a vehicle length limitation of less than 45 feet on 
    a bus, of less than 48 feet on a semitrailer operating in a truck 
    tractor-semitrailer combination, or of less than 28 feet on a 
    semitrailer or trailer operating in a truck tractor-semitrailer-
    trailer combination, on any segment of the Dwight D. Eisenhower 
    System of Interstate and Defense Highways (except a segment 
    exempted under subsection (f) of this section) and those classes of 
    qualifying Federal-aid Primary System highways designated by the 
    Secretary of Transportation under subsection (e) of this section;
        (B) imposes an overall length limitation on a commercial motor 
    vehicle operating in a truck tractor-semitrailer or truck tractor-
    semitrailer-trailer combination;
        (C) has the effect of prohibiting the use of a semitrailer or 
    trailer of the same dimensions as those that were in actual and 
    lawful use in that State on December 1, 1982; or
        (D) has the effect of prohibiting the use of an existing 
    semitrailer or trailer, of not more than 28.5 feet in length, in a 
    truck tractor-semitrailer-trailer combination if the semitrailer or 
    trailer was operating lawfully on December 1, 1982, within a 65-
    foot overall length limit in any State.
    (2) A length limitation prescribed or enforced by a State under 
paragraph (1)(A) of this subsection applies only to a semitrailer or 
trailer and not to a truck tractor.
    (c) Maxi-Cube and Vehicle Combination Limitations.--A State may not 
prohibit a maxi-cube vehicle or a commercial motor vehicle combination 
consisting of a truck tractor and 2 trailing units on any segment of 
the Dwight D. Eisenhower System of Interstate and Defense Highways 
(except a segment exempted under subsection (f) of this section) and 
those classes of qualifying Federal-aid Primary System highways 
designated by the Secretary under subsection (e) of this section.
    (d) Exclusion of Safety and Energy Conservation Devices.--Length 
calculated under this section does not include a safety or energy 
conservation device the Secretary decides is necessary for safe and 
efficient operation of a commercial motor vehicle. However, such a 
device may not have by its design or use the ability to carry cargo.
    (e) Qualifying Highways.--The Secretary by regulation shall 
designate as qualifying Federal-aid Primary System highways those 
highways of the Federal-aid Primary System in existence on June 1, 
1991, that can accommodate safely the applicable vehicle lengths 
provided in this section.
    (f) Exemptions.--(1) If the chief executive officer of a State, 
after consulting under paragraph (2) of this subsection, decides a 
segment of the Dwight D. Eisenhower System of Interstate and Defense 
Highways is not capable of safely accommodating a commercial motor 
vehicle having a length described in subsection (b)(1)(A) of this 
section or the motor vehicle combination described in subsection (c) of 
this section, the chief executive officer may notify the Secretary of 
that decision and request the Secretary to exempt that segment from 
either or both provisions.
    (2) Before making a decision under paragraph (1) of this 
subsection, the chief executive officer shall consult with units of 
local government in the State in which the segment of the Dwight D. 
Eisenhower System of Interstate and Defense Highways is located and 
with the chief executive officer of any adjacent State that may be 
directly affected by the exemption. As part of the consultations, 
consideration shall be given to any potential alternative route that 
serves the area in which the segment is located and can safely 
accommodate a commercial motor vehicle having a length described in 
subsection (b)(1)(A) of this section or the motor vehicle combination 
described in subsection (c) of this section.
    (3) A chief executive officer's notification under this subsection 
must include specific evidence of safety problems supporting the 
officer's decision and the results of consultations about alternative 
routes.
    (4)(A) If the Secretary decides, on request of a chief executive 
officer or on the Secretary's own initiative, a segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways is not capable 
of safely accommodating a commercial motor vehicle having a length 
described in subsection (b)(1)(A) of this section or the motor vehicle 
combination described in subsection (c) of this section, the Secretary 
shall exempt the segment from either or both of those provisions. 
Before making a decision under this paragraph, the Secretary shall 
consider any possible alternative route that serves the area in which 
the segment is located.
    (B) The Secretary shall make a decision about a specific segment 
not later than 120 days after the date of receipt of notification from 
a chief executive officer under paragraph (1) of this subsection or the 
date on which the Secretary initiates action under subparagraph (A) of 
this paragraph, whichever is applicable. If the Secretary finds the 
decision will not be made in time, the Secretary immediately shall 
notify Congress, giving the reasons for the delay, information about 
the resources assigned, and the projected date for the decision.
    (C) Before making a decision, the Secretary shall give an 
interested person notice and an opportunity for comment. If the 
Secretary exempts a segment under this subsection before the final 
regulations under subsection (e) of this section are prescribed, the 
Secretary shall include the exemption as part of the final regulations. 
If the Secretary exempts the segment after the final regulations are 
prescribed, the Secretary shall publish the exemption as an amendment 
to the final regulations.
    (g) Accommodating Specialized Equipment.--In prescribing 
regulations to carry out this section, the Secretary may make decisions 
necessary to accommodate specialized equipment, including automobile 
and vessel transporters and maxi-cube vehicles.

Sec. 31112. Property-carrying unit limitation

    (a) Definitions.--In this section--
        (1) ``property-carrying unit'' means any part of a commercial 
    motor vehicle combination (except the truck tractor) used to carry 
    property, including a trailer, a semitrailer, or the property-
    carrying section of a single unit truck.
        (2) the length of the property-carrying units of a commercial 
    motor vehicle combination is the length measured from the front of 
    the first property-carrying unit to the rear of the last property-
    carrying unit.
    (b) General Limitations.--A State may not allow by any means the 
operation, on any segment of the Dwight D. Eisenhower System of 
Interstate and Defense Highways and those classes of qualifying 
Federal-aid Primary System highways designated by the Secretary of 
Transportation under section 31111(e) of this title, of any commercial 
motor vehicle combination (except a vehicle or load that cannot be 
dismantled easily or divided easily and that has been issued a special 
permit under applicable State law) with more than one property-carrying 
unit (not including the truck tractor) whose property-carrying units 
are more than--
        (1) the maximum combination trailer, semitrailer, or other type 
    of length limitation allowed by law or regulation of that State 
    before June 2, 1991; or
        (2) the length of the property-carrying units of those 
    commercial motor vehicle combinations, by specific configuration, 
    in actual, lawful operation on a regular or periodic basis 
    (including continuing seasonal operation) in that State before June 
    2, 1991.
    (c) Special Rules for Wyoming, Ohio, and Alaska.--In addition to 
the vehicles allowed under subsection (b) of this section--
        (1) Wyoming may allow the operation of additional vehicle 
    configurations not in actual operation on June 1, 1991, but 
    authorized by State law not later than November 3, 1992, if the 
    vehicle configurations comply with the single axle, tandem axle, 
    and bridge formula limits in section 127(a) of title 23 and are not 
    more than 117,000 pounds gross vehicle weight;
        (2) Ohio may allow the operation of commercial motor vehicle 
    combinations with 3 property-carrying units of 28.5 feet each (not 
    including the truck tractor) not in actual operation on June 1, 
    1991, to be operated in Ohio on the 1-mile segment of Ohio State 
    Route 7 that begins at and is south of exit 16 of the Ohio 
    Turnpike; and
        (3) Alaska may allow the operation of commercial motor vehicle 
    combinations that were not in actual operation on June 1, 1991, but 
    were in actual operation before July 6, 1991.
    (d) Additional Limitations.--(1) A commercial motor vehicle 
combination whose operation in a State is not prohibited under 
subsections (b) and (c) of this section may continue to operate in the 
State on highways described in subsection (b) only if at least in 
compliance with all State laws, regulations, limitations, and 
conditions, including routing-specific and configuration-specific 
designations and all other restrictions in force in the State on June 
1, 1991. However, subject to regulations prescribed by the Secretary 
under subsection (g)(2) of this section, the State may make minor 
adjustments of a temporary and emergency nature to route designations 
and vehicle operating restrictions in effect on June 1, 1991, for 
specific safety purposes and road construction.
    (2) This section does not prevent a State from further restricting 
in any way or prohibiting the operation of any commercial motor vehicle 
combination subject to this section, except that a restriction or 
prohibition shall be consistent with this section and sections 31113(a) 
and (b) and 31114 of this title.
    (3) A State making a minor adjustment of a temporary and emergency 
nature as authorized by paragraph (1) of this subsection or further 
restricting or prohibiting the operation of a commercial motor vehicle 
combination as authorized by paragraph (2) of this subsection shall 
advise the Secretary not later than 30 days after the action. The 
Secretary shall publish a notice of the action in the Federal Register.
    (e) List of State Length Limitations.--(1) Not later than February 
16, 1992, each State shall submit to the Secretary for publication a 
complete list of State length limitations applicable to commercial 
motor vehicle combinations operating in the State on the highways 
described in subsection (b) of this section. The list shall indicate 
the applicable State laws and regulations associated with the length 
limitations. If a State does not submit the information as required, 
the Secretary shall complete and file the information for the State.
    (2) Not later than March 17, 1992, the Secretary shall publish an 
interim list in the Federal Register consisting of all information 
submitted under paragraph (1) of this subsection. The Secretary shall 
review for accuracy all information submitted by a State under 
paragraph (1) and shall solicit and consider public comment on the 
accuracy of the information.
    (3) A law or regulation may not be included on the list submitted 
by a State or published by the Secretary merely because it authorized, 
or could have authorized, by permit or otherwise, the operation of 
commercial motor vehicle combinations not in actual operation on a 
regular or periodic basis before June 2, 1991.
    (4) Except as revised under this paragraph or paragraph (5) of this 
subsection, the list shall be published as final in the Federal 
Register not later than June 15, 1992. In publishing the final list, 
the Secretary shall make any revisions necessary to correct 
inaccuracies identified under paragraph (2) of this subsection. After 
publication of the final list, commercial motor vehicle combinations 
prohibited under subsection (b) of this section may not operate on the 
Dwight D. Eisenhower System of Interstate and Defense Highways and 
other Federal-aid Primary System highways designated by the Secretary 
except as published on the list. The list may be combined by the 
Secretary with the list required under section 127(d) of title 23.
    (5) On the Secretary's own motion or on request by any person 
(including a State), the Secretary shall review the list published 
under paragraph (4) of this subsection. If the Secretary decides there 
is reason to believe a mistake was made in the accuracy of the list, 
the Secretary shall begin a proceeding to decide whether a mistake was 
made. If the Secretary decides there was a mistake, the Secretary shall 
publish the correction.
    (f) Limitations on Statutory Construction.--This section may not be 
construed--
        (1) to allow the operation on any segment of the Dwight D. 
    Eisenhower System of Interstate and Defense Highways of a longer 
    combination vehicle prohibited under section 127(d) of title 23;
        (2) to affect in any way the operation of a commercial motor 
    vehicle having only one property-carrying unit; or
        (3) to affect in any way the operation in a State of a 
    commercial motor vehicle with more than one property-carrying unit 
    if the vehicle was in actual operation on a regular or periodic 
    basis (including seasonal operation) in that State before June 2, 
    1991, that was authorized under State law or regulation or lawful 
    State permit.
    (g) Regulations.--(1) In carrying out this section only, the 
Secretary shall define by regulation loads that cannot be dismantled 
easily or divided easily.
    (2) Not later than June 15, 1992, the Secretary shall prescribe 
regulations establishing criteria for a State to follow in making minor 
adjustments under subsection (d) of this section.

Sec. 31113. Width limitations

    (a) General Limitations.--(1) Except as provided in subsection (e) 
of this section, a State (except Hawaii) may not prescribe or enforce a 
regulation of commerce that imposes a vehicle width limitation of more 
or less than 102 inches on a commercial motor vehicle operating on--
        (A) a segment of the Dwight D. Eisenhower System of Interstate 
    and Defense Highways (except a segment exempted under subsection 
    (e) of this section);
        (B) a qualifying Federal-aid highway designated by the 
    Secretary of Transportation, with traffic lanes designed to be at 
    least 12 feet wide; or
        (C) a qualifying Federal-aid Primary System highway designated 
    by the Secretary if the Secretary decides the designation is 
    consistent with highway safety.
    (2) Notwithstanding paragraph (1) of this subsection, a State may 
continue to enforce a regulation of commerce in effect on April 6, 
1983, that applies to a commercial motor vehicle of more than 102 
inches in width, until the date on which the State prescribes a 
regulation of commerce that complies with this subsection.
    (3) A Federal-aid highway (except an interstate highway) not 
designated under this subsection on June 5, 1984, may be designated 
under this subsection only with the agreement of the chief executive 
officer of the State in which the highway is located.
    (b) Exclusion of Safety and Energy Conservation Devices.--Width 
calculated under this section does not include a safety or energy 
conservation device the Secretary decides is necessary for safe and 
efficient operation of a commercial motor vehicle.
    (c) Special Use Permits.--A State may grant a special use permit to 
a commercial motor vehicle that is more than 102 inches in width.
    (d) State Enforcement.--Consistent with this section, a State may 
enforce a commercial motor vehicle width limitation of 102 inches on a 
segment of the Dwight D. Eisenhower System of Interstate and Defense 
Highways (except a segment exempted under subsection (e) of this 
section) or other qualifying Federal-aid highway designated by the 
Secretary.
    (e) Exemptions.--(1) If the chief executive officer of a State, 
after consulting under paragraph (2) of this subsection, decides a 
segment of the Dwight D. Eisenhower System of Interstate and Defense 
Highways is not capable of safely accommodating a commercial motor 
vehicle having the width provided in subsection (a) of this section, 
the chief executive officer may notify the Secretary of that decision 
and request the Secretary to exempt that segment from subsection (a) to 
allow the State to impose a width limitation of less than 102 inches 
for a vehicle (except a bus) on that segment.
    (2) Before making a decision under paragraph (1) of this 
subsection, the chief executive officer shall consult with units of 
local government in the State in which the segment of the Dwight D. 
Eisenhower System of Interstate and Defense Highways is located and 
with the chief executive officer of any adjacent State that may be 
directly affected by the exemption. As part of the consultations, 
consideration shall be given to any potential alternative route that 
serves the area in which the segment is located and can safely 
accommodate a commercial motor vehicle having the width provided for in 
subsection (a) of this section.
    (3) A chief executive officer's notification under this subsection 
must include specific evidence of safety problems supporting the 
officer's decision and the results of consultations about alternative 
routes.
    (4)(A) If the Secretary decides, on request of a chief executive 
officer or on the Secretary's own initiative, a segment of the Dwight 
D. Eisenhower System of Interstate and Defense Highways is not capable 
of safely accommodating a commercial motor vehicle having a width 
provided in subsection (a) of this section, the Secretary shall exempt 
the segment from subsection (a) to allow the State to impose a width 
limitation of less than 102 inches for a vehicle (except a bus) on that 
segment. Before making a decision under this paragraph, the Secretary 
shall consider any possible alternative route that serves the area in 
which the segment is located.
    (B) The Secretary shall make a decision about a specific segment 
not later than 120 days after the date of receipt of notification from 
a chief executive officer under paragraph (1) of this subsection or the 
date on which the Secretary initiates action under subparagraph (A) of 
this paragraph, whichever is applicable. If the Secretary finds the 
decision will not be made in time, the Secretary immediately shall 
notify Congress, giving the reasons for the delay, information about 
the resources assigned, and the projected date for the decision.
    (C) Before making a decision, the Secretary shall give an 
interested person notice and an opportunity for comment. If the 
Secretary exempts a segment under this subsection before the final 
regulations under subsection (a) of this section are prescribed, the 
Secretary shall include the exemption as part of the final regulations. 
If the Secretary exempts the segment after the final regulations are 
prescribed, the Secretary shall publish the exemption as an amendment 
to the final regulations.

Sec. 31114. Access to the Interstate System

    (a) Prohibition on Denying Access.--A State may not enact or 
enforce a law denying to a commercial motor vehicle subject to this 
subchapter or subchapter I of this chapter reasonable access between--
        (1) the Dwight D. Eisenhower System of Interstate and Defense 
    Highways (except a segment exempted under section 31111(f) or 
    31113(e) of this title) and other qualifying Federal-aid Primary 
    System highways designated by the Secretary of Transportation; and
        (2) terminals, facilities for food, fuel, repairs, and rest, 
    and points of loading and unloading for household goods carriers, 
    motor carriers of passengers, or any truck tractor-semitrailer 
    combination in which the semitrailer has a length of not more than 
    28.5 feet and that generally operates as part of a vehicle 
    combination described in section 31111(c) of this title.
    (b) Exception.--This section does not prevent a State or local 
government from imposing reasonable restrictions, based on safety 
considerations, on a truck tractor-semitrailer combination in which the 
semitrailer has a length of not more than 28.5 feet and that generally 
operates as part of a vehicle combination described in section 31111(c) 
of this title.

Sec. 31115. Enforcement

    On the request of the Secretary of Transportation, the Attorney 
General shall bring a civil action for appropriate injunctive relief to 
ensure compliance with this subchapter or subchapter I of this chapter. 
The action may be brought in a district court of the United States in 
any State in which the relief is required. On a proper showing, the 
court shall issue a temporary restraining order or preliminary or 
permanent injunction. An injunction under this section may order a 
State or person to comply with this subchapter, subchapter I, or a 
regulation prescribed under this subchapter or subchapter I.

                   SUBCHAPTER III--SAFETY REGULATION

Sec. 31131. Purposes and findings

    (a) Purposes.--The purposes of this subchapter are--
        (1) to promote the safe operation of commercial motor vehicles;
        (2) to minimize dangers to the health of operators of 
    commercial motor vehicles and other employees whose employment 
    directly affects motor carrier safety; and
        (3) to ensure increased compliance with traffic laws and with 
    the commercial motor vehicle safety and health regulations and 
    standards prescribed and orders issued under this chapter.
    (b) Findings.--Congress finds--
        (1) it is in the public interest to enhance commercial motor 
    vehicle safety and thereby reduce highway fatalities, injuries, and 
    property damage;
        (2) improved, more uniform commercial motor vehicle safety 
    measures and strengthened enforcement would reduce the number of 
    fatalities and injuries and the level of property damage related to 
    commercial motor vehicle operations;
        (3) enhanced protection of the health of commercial motor 
    vehicle operators is in the public interest; and
        (4) interested State governments can provide valuable 
    assistance to the United States Government in ensuring that 
    commercial motor vehicle operations are conducted safely and 
    healthfully.

Sec. 31132. Definitions

    In this subchapter--
        (1) ``commercial motor vehicle'' means a self-propelled or 
    towed vehicle used on the highways in interstate commerce to 
    transport passengers or property, if the vehicle--
            (A) has a gross vehicle weight rating of at least 10,001 
        pounds;
            (B) is designed to transport more than 15 passengers 
        including the driver; or
            (C) is used in transporting material found by the Secretary 
        of Transportation to be hazardous under section 5103 of this 
        title and transported in a quantity requiring placarding under 
        regulations prescribed by the Secretary under section 5103.
        (2) ``employee'' means an operator of a commercial motor 
    vehicle (including an independent contractor when operating a 
    commercial motor vehicle), a mechanic, a freight handler, or an 
    individual not an employer, who--
            (A) directly affects commercial motor vehicle safety in the 
        course of employment; and
            (B) is not an employee of the United States Government, a 
        State, or a political subdivision of a State acting in the 
        course of the employment by the Government, a State, or a 
        political subdivision of a State.
        (3) ``employer''--
            (A) means a person engaged in a business affecting 
        interstate commerce that owns or leases a commercial motor 
        vehicle in connection with that business, or assigns an 
        employee to operate it; but
            (B) does not include the Government, a State, or a 
        political subdivision of a State.
        (4) ``interstate commerce'' means trade, traffic, or 
    transportation in the United States between a place in a State 
    and--
            (A) a place outside that State (including a place outside 
        the United States); or
            (B) another place in the same State through another State 
        or through a place outside the United States.
        (5) ``intrastate commerce'' means trade, traffic, or 
    transportation in a State that is not interstate commerce.
        (6) ``regulation'' includes a standard or order.
        (7) ``State'' means a State of the United States, the District 
    of Columbia, and, in sections 31136 and 31140-31142 of this title, 
    a political subdivision of a State.
        (8) ``State law'' includes a law enacted by a political 
    subdivision of a State.
        (9) ``State regulation'' includes a regulation prescribed by a 
    political subdivision of a State.
        (10) ``United States'' means the States of the United States 
    and the District of Columbia.

Sec. 31133. General powers of the Secretary of Transportation

    (a) General.--In carrying out this subchapter and regulations 
prescribed under section 31102 of this title, the Secretary of 
Transportation may--
        (1) conduct inspections and investigations;
        (2) compile statistics;
        (3) make reports;
        (4) issue subpenas;
        (5) require production of records and property;
        (6) take depositions;
        (7) hold hearings;
        (8) prescribe recordkeeping and reporting requirements;
        (9) conduct or make contracts for studies, development, 
    testing, evaluation, and training; and
        (10) perform other acts the Secretary considers appropriate.
    (b) Consultation.--In conducting inspections and investigations 
under subsection (a) of this section, the Secretary shall consult, as 
appropriate, with employers and employees and their authorized 
representatives and offer them a right of accompaniment.
    (c) Delegation.--The Secretary may delegate to a State receiving a 
grant under section 31102 of this title those duties and powers related 
to enforcement (including conducting investigations) of this subchapter 
and regulations prescribed under this subchapter that the Secretary 
considers appropriate.

Sec. 31134. Commercial Motor Vehicle Safety Regulatory Review Panel

    (a) Establishment and General Duty.--The Secretary of 
Transportation shall establish the Commercial Motor Vehicle Safety 
Regulatory Review Panel. The Panel shall analyze and review State laws 
and regulations under sections 31140 and 31141 of this title.
    (b) Specific Duties.--The Panel shall--
        (1) carry out those duties and powers designated to be carried 
    out by the Panel under sections 31140 and 31141 of this title;
        (2) conduct a study to--
            (A) evaluate the need, if any, for additional assistance 
        from the United States Government to the States to enable them 
        to enforce the regulations prescribed by the Secretary under 
        section 31136 of this title; and
            (B) decide on other methods of furthering the purposes of 
        this subchapter; and
        (3) make recommendations to the Secretary based on the results 
    of the study conducted under clause (2) of this subsection.
    (c) Composition, Appointment, and Terms.--(1) The Panel shall be 
composed of 15 members as follows:
        (A) the Secretary or the Secretary's delegate.
        (B) 7 individuals appointed by the Secretary from among 
    individuals who represent the interests of States and political 
    subdivisions of States and whose names have been submitted to the 
    Secretary by the Committee on Commerce, Science, and Transportation 
    of the Senate or the Committee on Public Works and Transportation 
    of the House of Representatives.
        (C) 7 individuals appointed by the Secretary from among 
    individuals who represent the interests of business, consumer, 
    labor, and safety groups and whose names have been submitted to the 
    Secretary by the Committee on Commerce, Science, and Transportation 
    of the Senate or the Committee on Public Works and Transportation 
    of the House of Representatives.
    (2) The Secretary shall select the individuals to be appointed 
under this subsection on the basis of their knowledge, expertise, or 
experience related to commercial motor vehicle safety. Half of the 
appointments shall be made from names submitted by the Committee on 
Commerce, Science, and Transportation of the Senate, and the other half 
from names submitted by the Committee on Public Works and 
Transportation of the House of Representatives. Each of these 
committees shall submit to the Secretary the names of 20 individuals 
qualified to serve on the Panel.
    (3) The term of each member of the Panel appointed under paragraph 
(1)(B) and (C) of this subsection is 7 years.
    (4) A vacancy on the Panel shall be filled in the way the original 
appointment was made. The vacancy does not affect the Panel's powers.
    (d) Chairman, Quorum, Meetings, and Pay.--(1) The Secretary is the 
Chairman of the Panel.
    (2) Eight members of the Panel are a quorum, but the Panel may 
establish a lesser number as a quorum to hold hearings, take testimony, 
and receive evidence.
    (3) The Panel shall meet at the call of the Chairman or a majority 
of its members.
    (4) Members of the Panel shall serve without pay, except that they 
shall receive expenses under section 5703 of title 5.
    (e) Personnel, Office Space, and Support Services.--On request of 
the Panel, the Secretary shall--
        (1) detail personnel of the Department of Transportation to the 
    Panel as necessary to assist the Panel in carrying out its duties 
    and powers; and
        (2) provide office space, supplies, equipment, and other 
    support services to the Panel as necessary for the Panel to carry 
    out its duties and powers.
    (f) Hearings and Other Actions.--To carry out the duties and powers 
of the Panel under this subchapter, the Panel or any member authorized 
by the Panel may hold hearings, sit and act at times and places, take 
testimony, and take other actions the Panel or the member considers 
advisable. A member of the Panel may administer oaths to witnesses 
appearing before the Panel or the member.
    (g) Temporary and Intermittent Services.--Subject to regulations 
the Panel may prescribe, the Chairman may procure the temporary or 
intermittent services of experts or consultants under section 3109 of 
title 5.

Sec. 31135. Duties of employers and employees

    Each employer and employee shall comply with regulations on 
commercial motor vehicle safety prescribed by the Secretary of 
Transportation under this subchapter that apply to the employer's or 
employee's conduct.

Sec. 31136. United States Government regulations

    (a) Minimum Safety Standards.--Subject to section 30103(a) of this 
title, the Secretary of Transportation shall prescribe regulations on 
commercial motor vehicle safety. The regulations shall prescribe 
minimum safety standards for commercial motor vehicles. At a minimum, 
the regulations shall ensure that--
        (1) commercial motor vehicles are maintained, equipped, loaded, 
    and operated safely;
        (2) the responsibiAB<bullet>e<star><greek-m> ` section, 
    regulations on commercial motor vehicle safety prescribed by the 
    Secretary before October 30, 1984, and in effect on October 30, 
    1984, shall be deemed in this subchapter to be regulations 
    prescribed by the Secretary under this section.
    (e) Waivers.--After notice and an opportunity for comment, the 
Secretary may waive any part of a regulation prescribed under this 
section as it applies to a person or class of persons, if the Secretary 
decides that the waiver is consistent with the public interest and the 
safe operation of commercial motor vehicles. Under this subsection, the 
Secretary shall waive the regulations prescribed under this section as 
they apply to schoolbuses (as defined in section 30125(a) of this 
title) unless the Secretary decides that making the regulations 
applicable to schoolbuses is necessary for public safety, considering 
all laws of the United States and States applicable to schoolbuses. A 
waiver under this subsection shall be published in the Federal 
Register, with the reasons for the waiver.
    (f) Limitations on Municipality and Commercial Zone Exemptions and 
Waivers.--(1) The Secretary may not--
        (A) exempt a person or commercial motor vehicle from a 
    regulation related to commercial motor vehicle safety only because 
    the operations of the person or vehicle are entirely in a 
    municipality or commercial zone of a municipality; or
        (B) waive application to a person or commercial motor vehicle 
    of a regulation related to commercial motor vehicle safety only 
    because the operations of the person or vehicle are entirely in a 
    municipality or commercial zone of a municipality.
    (2) If a person was authorized to operate a commercial motor 
vehicle in a municipality or commercial zone of a municipality in the 
United States for the entire period from November 19, 1987, through 
November 18, 1988, and if the person is otherwise qualified to operate 
a commercial motor vehicle, the person may operate a commercial motor 
vehicle entirely in a municipality or commercial zone of a municipality 
notwithstanding--
        (A) paragraph (1) of this subsection;
        (B) a minimum age requirement of the United States Government 
    for operation of the vehicle; and
        (C) a medical or physical condition that--
            (i) would prevent an operator from operating a commercial 
        motor vehicle under the commercial motor vehicle safety 
        regulations in title 49, Code of Federal Regulations;
            (ii) existed on July 1, 1988;
            (iii) has not substantially worsened; and
            (iv) does not involve alcohol or drug abuse.
    (3) This subsection does not affect a State commercial motor 
vehicle safety law applicable to intrastate commerce.

Sec. 31137. Monitoring device and brake maintenance regulations

    (a) Use of Monitoring Devices.--If the Secretary of Transportation 
prescribes a regulation about the use of monitoring devices on 
commercial motor vehicles to increase compliance by operators of the 
vehicles with hours of service regulations of the Secretary, the 
regulation shall ensure that the devices are not used to harass vehicle 
operators. However, the devices may be used to monitor productivity of 
the operators.
    (b) Brakes and Brake Systems Maintenance Regulations.--Not later 
than December 31, 1990, the Secretary shall prescribe regulations on 
improved standards or methods to ensure that brakes and brake systems 
of commercial motor vehicles are maintained properly and inspected by 
appropriate employees. At a minimum, the regulations shall establish 
minimum training requirements and qualifications for employees 
responsible for maintaining and inspecting the brakes and brake 
systems.

Sec. 31138. Minimum financial responsibility for transporting 
            passengers

    (a) General Requirement.--The Secretary of Transportation shall 
prescribe regulations to require minimum levels of financial 
responsibility sufficient to satisfy liability amounts established by 
the Secretary covering public liability and property damage for the 
transportation of passengers for compensation by motor vehicle in the 
United States between a place in a State and--
        (1) a place in another State;
        (2) another place in the same State through a place outside of 
    that State; or
        (3) a place outside the United States.
    (b) Minimum Amounts.--The level of financial responsibility 
established under subsection (a) of this section for a motor vehicle 
with a seating capacity of--
        (1) at least 16 passengers shall be at least $5,000,000; and
        (2) not more than 15 passengers shall be at least $1,500,000.
    (c) Evidence of Financial Responsibility.--(1) Subject to paragraph 
(2) of this subsection, financial responsibility may be established by 
evidence of one or a combination of the following if acceptable to the 
Secretary of Transportation:
        (A) insurance, including high self-retention.
        (B) a guarantee.
        (C) a surety bond issued by a bonding company authorized to do 
    business in the United States.
    (2) A person domiciled in a country contiguous to the United States 
and providing transportation to which a minimum level of financial 
responsibility under this section applies shall have evas a length of 
not more than 28.5 feet and that generally operates as part of a 
vehicle combination described in section 31111(c) of this title.

Sec. 31115. Enforcement

    On the request of the Secretary of Transportation, the Attorney 
General shall bring a civil action for appropriate injunctive relief to 
ensure compliance with this subchapter or subchapter I of this chapter. 
The action may be brought in a district court of the United States in 
any State in which the relief is required. On a proper showing, the 
court shall issue a temporary restraining order or preliminary or 
permanent injunction. An injunction under this section may order a 
State or person to comply with this subchapter, subchapter I, or a 
regulation prescribed under this subchapter or subchapter I.

                   SUBCHAPTER III--SAFETY REGULATION

Sec. 31131. Purposes and findings

    (a) Purposes.--The purposes of this subchapter are--
        (1) to promote the safe operation of commercial motor vehicles;
        (2) to minimize dangers to the health of operators of 
    commercial motor vehicles and other employees whose employment 
    directly affects motor carrier safety; and
        (3) to ensure increased compliance with traffic laws and with 
    the commercial motor vehicle safety and health regulations and 
    standards prescribed and orders issued under this chapter.
    (b) Findings.--Congress idence of financial responsibility in the 
motor vehicle when the person is providing the transportation. If 
evidence of financial responsibility is not in the vehicle, the 
Secretary of Transportation and the Secretary of the Treasury shall 
deny entry of the vehicle into the United States.
    (d) Civil Penalty.--(1) If, after notice and an opportunity for a 
hearing, the Secretary of Transportation finds that a person (except an 
employee acting without knowledge) has knowingly violated this section 
or a regulation prescribed under this section, the person is liable to 
the United States Government for a civil penalty of not more than 
$10,000 for each violation. A separate violation occurs for each day 
the violation continues.
    (2) The Secretary of Transportation shall impose the penalty by 
written notice. In determining the amount of the penalty, the Secretary 
shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, 
    any history of prior violations, the ability to pay, and any effect 
    on the ability to continue doing business; and
        (C) other matters that justice requires.
    (3) The Secretary of Transportation may compromise the penalty 
before referring the matter to the Attorney General for collection.
    (4) The Attorney General shall bring a civil action in an 
appropriate district court of the United States to collect a penalty 
referred to the Attorney General for collection under this subsection.
    (5) The amount of the penalty may be deducted from amounts the 
Government owes the person. An amount collected under this section 
shall be deposited in the Treasury as miscellaneous receipts.
    (e) Nonapplication.--This section does not apply to a motor 
vehicle--
        (1) transporting only school children and teachers to or from 
    school;
        (2) providing taxicab service, having a seating capacity of not 
    more than 6 passengers, and not being operated on a regular route 
    or between specified places; or
        (3) carrying not more than 15 individuals in a single, daily 
    round trip to and from work.

Sec. 31139. Minimum financial responsibility for transporting property

    (a) Definitions.--In this section--
        (1) ``farm vehicle'' means a vehicle--
            (A) designed or adapted and used only for agriculture;
            (B) operated by a motor private carrier (as defined in 
        section 10102 of this title); and
            (C) operated only incidentally on highways.
        (2) ``interstate commerce'' includes transportation between a 
    place in a State and a place outside the United States, to the 
    extent the transportation is in the United States.
        (3) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, 
    and the Northern Mariana Islands.
    (b) General Requirement and Minimum Amount.--(1) The Secretary of 
Transportation shall prescribe regulations to require minimum levels of 
financial responsibility sufficient to satisfy liability amounts 
established by the Secretary covering public liability, property 
damage, and environmental restoration for the transportation of 
property for compensation by motor vehicle in the United States between 
a place in a State and--
        (A) a place in another State;
        (B) another place in the same State through a place outside of 
    that State; or
        (C) a place outside the United States.
    (2) The level of financial responsibility established under 
paragraph (1) of this subsection shall be at least $750,000.
    (c) Requirements for Hazardous Matter and Oil.--(1) The Secretary 
of Transportation shall prescribe regulations to require minimum levels 
of financial responsibility sufficient to satisfy liability amounts 
established by the Secretary covering public liability, property 
damage, and environmental restoration for the transportation by motor 
vehicle in interstate or intrastate commerce of--
        (A) hazardous material (as defined by the Secretary);
        (B) oil or hazardous substances (as defined by the 
    Administrator of the Environmental Protection Agency); or
        (C) hazardous wastes (as defined by the Administrator).
    (2)(A) Except as provided in subparagraph (B) of this paragraph, 
the level of financial responsibility established under paragraph (1) 
of this subsection shall be at least $5,000,000 for the 
transportation--
        (i) of hazardous substances (as defined by the Administrator) 
    in cargo tanks, portable tanks, or hopper-type vehicles, with 
    capacities of more than 3,500 water gallons;
        (ii) in bulk of class A explosives, poison gas, liquefied gas, 
    or compressed gas; or
        (iii) of large quantities of radioactive material.
    (B) The Secretary of Transportation by regulation may reduce the 
minimum level in subparagraph (A) of this paragraph (to an amount not 
less than $1,000,000) for transportation described in subparagraph (A) 
in any of the territories of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands if--
        (i) the chief executive officer of the territory requests the 
    reduction;
        (ii) the reduction will prevent a serious disruption in 
    transportation service and will not adversely affect public safety; 
    and
        (iii) insurance of $5,000,000 is not readily available.
    (3) The level of financial responsibility established under 
paragraph (1) of this subsection for the transportation of a material, 
oil, substance, or waste not subject to paragraph (2) of this 
subsection shall be at least $1,000,000. However, if the Secretary of 
Transportation finds it will not adversely affect public safety, the 
Secretary by regulation may reduce the amount for--
        (A) a class of vehicles transporting such a material, oil, 
    substance, or waste in intrastate commerce (except in bulk); and
        (B) a farm vehicle transporting such a material or substance in 
    interstate commerce (except in bulk).
    (d) Foreign Motor Carriers and Private Carriers.--Regulations 
prescribed under this section may allow foreign motor carriers and 
foreign motor private carriers (as those terms are defined in section 
10530 of this title) providing transportation of property under a 
certificate of registration issued under section 10530 to meet the 
minimum levels of financial responsibility under this section only when 
those carriers are providing transportation for property in the United 
States.
    (e) Evidence of Financial Responsibility.--(1) Subject to paragraph 
(2) of this subsection, financial responsibility may be established by 
evidence of one or a combination of the following if acceptable to the 
Secretary of Transportation:
        (A) insurance.
        (B) a guarantee.
        (C) a surety bond issued by a bonding company authorized to do 
    business in the United States.
        (D) qualification as a self-insurer.
    (2) A person domiciled in a country contiguous to the United States 
and providing transportation to which a minimum level of financial 
responsibility under this section applies shall have evidence of 
financial responsibility in the motor vehicle when the person is 
providing the transportation. If evidence of financial responsibility 
is not in the vehicle, the Secretary of Transportation and the 
Secretary of the Treasury shall deny entry of the vehicle into the 
United States.
    (f) Civil Penalty.--(1) If, after notice and an opportunity for a 
hearing, the Secretary of Transportation finds that a person (except an 
employee acting without knowledge) has knowingly violated this section 
or a regulation prescribed under this section, the person is liable to 
the United States Government for a civil penalty of not more than 
$10,000 for each violation. A separate violation occurs for each day 
the violation continues.
    (2) The Secretary of Transportation shall impose the penalty by 
written notice. In determining the amount of the penalty, the Secretary 
shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, 
    any history of prior violations, the ability to pay, and any effect 
    on the ability to continue doing business; and
        (C) other matters that justice requires.
    (3) The Secretary of Transportation may compromise the penalty 
before referring the matter to the Attorney General for collection.
    (4) The Attorney General shall bring a civil action in an 
appropriate district court of the United States to collect a penalty 
referred to the Attorney General for collection under this subsection.
    (5) The amount of the penalty may be deducted from amounts the 
Government owes the person. An amount collected under this section 
shall be deposited in the Treasury as miscellaneous receipts.
    (g) Nonapplication.--This section does not apply to a motor vehicle 
having a gross vehicle weight rating of less than 10,000 pounds if the 
vehicle is not used to transport in interstate or foreign commerce--
        (1) class A or B explosives;
        (2) poison gas; or
        (3) a large quantity of radioactive material.

Sec. 31140. Submission of State laws and regulations for review

    (a) General.--A State that enacts a State law or issues a 
regulation on commercial motor vehicle safety shall submit a copy of 
the law or regulation to the Secretary of Transportation and the 
Commercial Motor Vehicle Safety Regulatory Review Panel immediately 
after the enactment or issuance.
    (b) Additional Information.--As soon as practicable but not later 
than a date the Panel may establish, a State that submits a State law 
or regulation under this section to the Panel shall--
        (1) indicate in writing to the Panel whether the law or 
    regulation--
            (A) has the same effect as a regulation prescribed by the 
        Secretary under section 31136 of this title;
            (B) is less stringent than that regulation; or
            (C) is additional to or more stringent than that 
        regulation; and
        (2) submit to the Panel other information the Panel or the 
    Secretary may require to carry out this subchapter.

Sec. 31141. Review and preemption of State laws and regulations

    (a) Preemption After Decision.--A State may not enforce a State law 
or regulation on commercial motor vehicle safety that the Secretary of 
Transportation decides under this section may not be enforced.
    (b) Analysis and Decisions by the Panel.--(1) The Commercial Motor 
Vehicle Safety Regulatory Review Panel annually shall analyze State 
laws and regulations and decide which of those laws and regulations are 
related to commercial motor vehicle safety.
    (2) Not later than one year after the date the Secretary prescribes 
a regulation under section 31136 of this title or one year after the 
date the Panel decides under paragraph (1) of this subsection that a 
State law or regulation is related to commercial motor vehicle safety, 
whichever is later, the Panel shall--
        (A) decide whether the State law or regulation--
            (i) has the same effect as the regulation prescribed by the 
        Secretary;
            (ii) is less stringent than that regulation; or
            (iii) is additional to or more stringent than that 
        regulation;
        (B) decide, for each State law or regulation that the Panel 
    decides is additional to or more stringent than the regulation 
    prescribed by the Secretary, whether--
            (i) the State law or regulation has no safety benefit;
            (ii) the State law or regulation is incompatible with the 
        regulation prescribed by the Secretary; or
            (iii) enforcement of the State law or regulation would 
        cause an unreasonable burden on interstate commerce; and
        (C) notify the Secretary of the Panel's decisions under this 
    subsection.
    (c) Review and Decisions by Secretary.--(1) The Secretary shall 
review each State law and regulation on commercial motor vehicle 
safety. Not later than 18 months after the date the Panel notifies the 
Secretary of a decision under subsection (b) of this section, the 
Secretary shall--
        (A) conduct a regulatory proceeding to decide under this 
    subsection whether the State law or regulation may be enforced; and
        (B) prescribe a final regulation.
    (2) If the Secretary decides a State law or regulation has the same 
effect as a regulation prescribed by the Secretary under section 31136 
of this title, the State law or regulation may be enforced.
    (3) If the Secretary decides a State law or regulation is less 
stringent than a regulation prescribed by the Secretary under section 
31136 of this title, the State law or regulation may not be enforced.
    (4) If the Secretary decides a State law or regulation is 
additional to or more stringent than a regulation prescribed by the 
Secretary under section 31136 of this title, the State law or 
regulation may be enforced unless the Secretary also decides that--
        (A) the State law or regulation has no safety benefit;
        (B) the State law or regulation is incompatible with the 
    regulation prescribed by the Secretary; or
        (C) enforcement of the State law or regulation would cause an 
    unreasonable burden on interstate commerce.
    (5)(A) In deciding about a State law or regulation under this 
subsection, the Secretary shall give great weight to the corresponding 
decision made by the Panel about that law or regulation under 
subsection (b) of this section.
    (B) In deciding under paragraph (4) of this subsection whether a 
State law or regulation will cause an unreasonable burden on interstate 
commerce, the Secretary may consider the effect on interstate commerce 
of implementation of that law or regulation with the implementation of 
all similar laws and regulations of other States.
    (d) Waivers.--(1) A person (including a State) may petition the 
Secretary for a waiver of a decision of the Secretary that a State law 
or regulation may not be enforced under this section. The Secretary 
shall grant the waiver, as expeditiously as possible, if the person 
demonstrates to the satisfaction of the Secretary that the waiver is 
consistent with the public interest and the safe operation of 
commercial motor vehicles.
    (2) Before deciding whether to grant or deny a petition for a 
waiver under this subsection, the Secretary shall give the petitioner 
an opportunity for a hearing on the record.
    (e) Consolidating Proceedings.--The Secretary may consolidate 
regulatory proceedings under this section if the Secretary decides that 
the consolidation will not adversely affect a party to a proceeding.
    (f) Written Notice of Decisions.--Not later than 10 days after 
making a decision under subsection (c) of this section that a State law 
or regulation may not be enforced, the Secretary shall give written 
notice to the State of that decision.
    (g) Judicial Review and Venue.--(1) Not later than 60 days after 
the Secretary makes a decision under subsection (c) of this section, or 
grants or denies a petition for a waiver under subsection (d) of this 
section, a person (including a State) adversely affected by the 
decision, grant, or denial may file a petition for judicial review. The 
petition may be filed in the court of appeals of the United States for 
the District of Columbia Circuit or in the court of appeals of the 
United States for the circuit in which the person resides or has its 
principal place of business.
    (2) The court has jurisdiction to review the decision, grant, or 
denial and to grant appropriate relief, including interim relief, as 
provided in chapter 7 of title 5.
    (3) A judgment of a court under this subsection may be reviewed 
only by the Supreme Court under section 1254 of title 28.
    (4) The remedies provided for in this subsection are in addition to 
other remedies provided by law.
    (h) Initiating Review Proceedings.--To review a State law or 
regulation on commercial motor vehicle safety under this section, the 
Secretary may initiate a regulatory proceeding on the Secretary's own 
initiative or on petition of an interested person (including a State).

Sec. 31142. Inspection of vehicles

    (a) Inspection of Safety Equipment.--On the instruction of an 
authorized enforcement official of a State or of the United States 
Government, a commercial motor vehicle is required to pass an 
inspection of all safety equipment required under part 393 of title 49, 
Code of Federal Regulations.
    (b) Inspection of Vehicles and Record Retention.--The Secretary of 
Transportation shall prescribe regulations on Government standards for 
inspection of commercial motor vehicles and retention by employers of 
records of an inspection. The standards shall provide for annual or 
more frequent inspections of a commercial motor vehicle unless the 
Secretary finds that another inspection system is as effective as an 
annual or more frequent inspection system. Regulations prescribed under 
this subsection are deemed to be regulations prescribed under section 
31136 of this title.
    (c) Preemption.--(1) Except as provided in paragraph (2) of this 
subsection, this subchapter and section 31102 of this title do not--
        (A) prevent a State or voluntary group of States from imposing 
    more stringent standards for use in their own periodic roadside 
    inspection programs of commercial motor vehicles;
        (B) prevent a State from enforcing a program for inspection of 
    commercial motor vehicles that the Secretary decides is as 
    effective as the Government standards prescribed under subsection 
    (b) of this section;
        (C) prevent a State from enforcing a program for inspection of 
    commercial motor vehicles that meets the requirements for 
    membership in the Commercial Vehicle Safety Alliance, as those 
    requirements were in effect on October 30, 1984; or
        (D) require a State that is enforcing a program described in 
    clause (B) or (C) of this paragraph to enforce a Government 
    standard prescribed under subsection (b) of this section or to 
    adopt a provision on inspection of commercial motor vehicles in 
    addition to that program to comply with the Government standards.
    (2) The Government standards prescribed under subsection (b) of 
this section shall preempt a program of a State described in paragraph 
(1)(C) of this subsection as the program applies to the inspection of 
commercial motor vehicles in that State. The State may not enforce the 
program if the Secretary--
        (A) decides, after notice and an opportunity for a hearing, 
    that the State is not enforcing the program in a way that achieves 
    the objectives of this section; and
        (B) after making a decision under clause (A) of this paragraph, 
    provides the State with a 6-month period to improve the enforcement 
    of the program to achieve the objectives of this section.
    (d) Inspection To Be Accepted as Adequate in All States.--A 
periodic inspection of a commercial motor vehicle under the Government 
standards prescribed under subsection (b) of this section or a program 
described in subsection (c)(1)(B) or (C) of this section that is being 
enforced shall be recognized as adequate in every State for the period 
of the inspection. This subsection does not prohibit a State from 
making random inspections of commercial motor vehicles.
    (e) Effect of Government Standards.--The Government standards 
prescribed under subsection (b) of this section may not be enforced as 
the standards apply to the inspection of commercial motor vehicles in a 
State enforcing a program described in subsection (c)(1)(B) or (C) of 
this section if the Secretary decides that it is in the public interest 
and consistent with public safety for the Government standards not to 
be enforced as they apply to that inspection.
    (f) Application of State Regulations to Government-Leased Vehicles 
and Operators.--A State receiving financial assistance under section 
31102 of this title in a fiscal year may enforce in that fiscal year a 
regulation on commercial motor vehicle safety adopted by the State as 
the regulation applies to commercial motor vehicles and operators 
leased to the Government.

Sec. 31143. Investigating complaints and protecting complainants

    (a) Investigating Complaints.--The Secretary of Transportation 
shall conduct a timely investigation of a nonfrivolous written 
complaint alleging that a substantial violation of a regulation 
prescribed under this subchapter is occurring or has occurred within 
the prior 60 days. The Secretary shall give the complainant timely 
notice of the findings of the investigation. The Secretary is not 
required to conduct separate investigations of duplicative complaints.
    (b) Protecting Complainants.--Notwithstanding section 552 of title 
5, the Secretary may disclose the identity of a complainant only if 
disclosure is necessary to prosecute a violation. If disclosure becomes 
necessary, the Secretary shall take every practical means within the 
Secretary's authority to ensure that the complainant is not subject to 
harassment, intimidation, disciplinary action, discrimination, or 
financial loss because of the disclosure.

Sec. 31144. Safety fitness of owners and operators

    (a) Procedure.--(1) In cooperation with the Interstate Commerce 
Commission, the Secretary of Transportation shall prescribe regulations 
establishing a procedure to decide on the safety fitness of owners and 
operators of commercial motor vehicles, including persons seeking new 
or additional operating authority as motor carriers under sections 
10922 and 10923 of this title. The procedure shall include--
        (A) specific initial and continuing requirements to be met by 
    the owners, operators, and persons to prove safety fitness;
        (B) a means of deciding whether the owners, operators, and 
    persons meet the safety fitness requirements under clause (A) of 
    this paragraph; and
        (C) specific time deadlines for action by the Secretary and the 
    Commission in making fitness decisions.
    (2) Regulations prescribed under this subsection supersede all 
regulations of the United States Government on safety fitness and 
safety rating of motor carriers in effect on October 30, 1984.
    (b) Findings and Action on Applications.--The Commission shall--
        (1) find an applicant for authority to operate as a motor 
    carrier unfit if the applicant does not meet the safety fitness 
    requirements established under subsection (a) of this section; and
        (2) deny the application.

Sec. 31145. Coordination of Governmental activities and paperwork

    The Secretary of Transportation shall coordinate the activities of 
departments, agencies, and instrumentalities of the United States 
Government to ensure adequate protection of the safety and health of 
operators of commercial motor vehicles. The Secretary shall attempt to 
minimize paperwork burdens to ensure maximum coordination and to avoid 
overlap and the imposition of unreasonable burdens on persons subject 
to regulations under this subchapter.

Sec. 31146. Relationship to other laws

    Except as provided in section 31136(b) of this title, this 
subchapter and the regulations prescribed under this subchapter do not 
affect chapter 51 of this title or a regulation prescribed under 
chapter 51.

Sec. 31147. Limitations on authority

    (a) Traffic Regulations.--This subchapter does not authorize the 
Secretary of Transportation to prescribe traffic safety regulations or 
preempt State traffic regulations. However, the Secretary may prescribe 
traffic regulations to the extent their subject matter was regulated 
under parts 390-399 of title 49, Code of Federal Regulations, on 
October 30, 1984.
    (b) Regulating the Manufacturing of Vehicles.--This subchapter does 
not authorize the Secretary to regulate the manufacture of commercial 
motor vehicles for any purpose, including fuel economy, safety, or 
emission control.

                      SUBCHAPTER IV--MISCELLANEOUS

Sec. 31161. Procedures to ensure timely correction of safety violations

    (a) Definition.--Section 31132(1) of this title applies to this 
section.
    (b) General.--Not later than August 3, 1991, the Secretary of 
Transportation shall prescribe regulations establishing procedures to 
ensure the proper and timely correction of commercial motor vehicle 
safety violations noted during an inspection carried out with money 
authorized under section 31104 of this title.
    (c) Verification Program.--The regulations shall establish a 
verification program for United States Government inspectors and States 
participating under section 31102 of this title to ensure that 
commercial motor vehicles and their operators found in violation of 
safety requirements have been brought into compliance with those 
requirements. The regulations shall include--
        (1) a nationwide system for random reinspection of the 
    commercial motor vehicles and their operators that have been 
    declared out-of-service because of those safety violations, with 
    the main purpose of the system being to verify that the violations 
    have been corrected on a timely basis;
        (2) a program of accountability for correcting all safety 
    violations that shall provide that--
            (A) the operator of a commercial motor vehicle for which a 
        safety violation has been noted shall be issued a form 
        prescribed by the Secretary;
            (B) the person making the repairs necessary to correct the 
        violation shall certify on the form the making of repairs and 
        the date, location, and time of the repairs;
            (C) the motor carrier responsible for the commercial motor 
        vehicle or operator shall certify on the form that, based on 
        the carrier's knowledge, the repairs necessary to correct the 
        violation have been made; and
            (D) appropriate State penalties shall be imposed for a 
        false statement on the form or a failure to return the form to 
        the appropriate State entity; and
        (3) a system for ensuring that appropriate State penalties are 
    imposed for failure to correct any of those safety violations.

Sec. 31162. Compliance review priority

    If the Secretary of Transportation identifies a pattern of 
violations of State or local traffic safety laws or regulations or 
commercial motor vehicle safety regulations, standards, or orders among 
drivers of commercial motor vehicles employed by a particular motor 
carrier, the Secretary or a State representative shall ensure that the 
motor carrier receives a high priority for review of that carrier's 
compliance with applicable United States Government and State 
commercial motor vehicle safety regulations.

            CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

Sec.
31301.  Definitions.
31302.  Limitation on the number of driver's licenses.
31303.  Notification requirements.
31304.  Employer responsibilities.
31305.  General driver fitness and testing.
31306.  Alcohol and controlled substances testing.
31307.  Minimum training requirements for operators of longer 
          combination vehicles.
31308.  Commercial driver's license.
31309.  Commercial driver's license information system.
31310.  Disqualifications.
31311.  Requirements for State participation.
31312.  Grants for testing and ensuring the fitness of operators of 
          commercial motor vehicles.
31313.  Grants for issuing commercial drivers' licenses and complying 
          with State participation requirements.
31314.  Withholding amounts for State noncompliance.
31315.  Waiver authority.
31316.  Limitation on statutory construction.
31317.  Procedure for prescribing regulations.

Sec. 31301. Definitions

    In this chapter--
        (1) ``alcohol'' has the same meaning given the term ``alcoholic 
    beverage'' in section 158(c) of title 23.
        (2) ``commerce'' means trade, traffic, and transportation--
            (A) in the jurisdiction of the United States between a 
        place in a State and a place outside that State (including a 
        place outside the United States); or
            (B) in the United States that affects trade, traffic, and 
        transportation described in subclause (A) of this clause.
        (3) ``commercial driver's license'' means a license issued by a 
    State to an individual authorizing the individual to operate a 
    class of commercial motor vehicles.
        (4) ``commercial motor vehicle'' means a motor vehicle used in 
    commerce to transport passengers or property that--
            (A) has a gross vehicle weight rating of at least 26,001 
        pounds or a lesser gross vehicle weight rating the Secretary of 
        Transportation prescribes by regulation, but not less than a 
        gross vehicle weight rating of 10,001 pounds;
            (B) is designed to transport at least 16 passengers 
        including the driver; or
            (C) is used to transport material found by the Secretary to 
        be hazardous under section 5103 of this title, except that a 
        vehicle shall not be included as a commercial motor vehicle 
        under this subclause if--
                (i) the vehicle does not satisfy the weight 
            requirements of subclause (A) of this clause;
                (ii) the vehicle transporting material listed as 
            hazardous under section 306(a) of the Comprehensive 
            Environmental Response, Compensation, and Liability Act of 
            1980 (42 U.S.C. 9656(a)) and not otherwise regulated by the 
            Secretary or transporting a consumer commodity or limited 
            quantity of hazardous material as defined in section 171.8 
            of title 49, Code of Federal Regulations; and
                (iii) the Secretary does not deny the application of 
            this exception to the vehicle (individually or as part of a 
            class of motor vehicles) in the interest of safety.
        (5) except in section 31306, ``controlled substance'' has the 
    same meaning given that term in section 102 of the Comprehensive 
    Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
        (6) ``driver's license'' means a license issued by a State to 
    an individual authorizing the individual to operate a motor vehicle 
    on highways.
        (7) ``employee'' means an operator of a commercial motor 
    vehicle (including an independent contractor when operating a 
    commercial motor vehicle) who is employed by an employer.
        (8) ``employer'' means a person (including the United States 
    Government, a State, or a political subdivision of a State) that 
    owns or leases a commercial motor vehicle or assigns employees to 
    operate a commercial motor vehicle.
        (9) ``felony'' means an offense under a law of the United 
    States or a State that is punishable by death or imprisonment for 
    more than one year.
        (10) ``hazardous material'' has the same meaning given that 
    term in section 5102 of this title.
        (11) ``motor vehicle'' means a vehicle, machine, tractor, 
    trailer, or semitrailer propelled or drawn by mechanical power and 
    used on public streets, roads, or highways, but does not include a 
    vehicle, machine, tractor, trailer, or semitrailer operated only on 
    a rail line or custom harvesting farm machinery.
        (12) ``serious traffic violation'' means--
            (A) excessive speeding, as defined by the Secretary by 
        regulation;
            (B) reckless driving, as defined under State or local law;
            (C) a violation of a State or local law on motor vehicle 
        traffic control (except a parking violation) and involving a 
        fatality; and
            (D) any other similar violation of a State or local law on 
        motor vehicle traffic control (except a parking violation) that 
        the Secretary designates by regulation as serious.
        (13) ``State'' means a State of the United States and the 
    District of Columbia.
        (14) ``United States'' means the States of the United States 
    and the District of Columbia.

Sec. 31302. Limitation on the number of driver's licenses

    An individual operating a commercial motor vehicle may have only 
one driver's license at any time, except during the 10-day period 
beginning on the date the individual is issued a driver's license.

Sec. 31303. Notification requirements

    (a) Violations.--An individual operating a commercial motor 
vehicle, having a driver's license issued by a State, and violating a 
State or local law on motor vehicle traffic control (except a parking 
violation) shall notify the individual's employer of the violation. If 
the violation occurred in a State other than the issuing State, the 
individual also shall notify a State official designated by the issuing 
State. The notifications required by this subsection shall be made not 
later than 30 days after the date the individual is found to have 
committed the violation.
    (b) Revocations, Suspensions, and Cancellations.--An employee who 
has a driver's license revoked, suspended, or canceled by a State, who 
loses the right to operate a commercial motor vehicle in a State for 
any period, or who is disqualified from operating a commercial motor 
vehicle for any period, shall notify the employee's employer of the 
action not later than 30 days after the date of the action.
    (c) Previous Employment.--(1) Subject to paragraph (2) of this 
subsection, an individual applying for employment as an operator of a 
commercial motor vehicle shall notify the prospective employer, at the 
time of the application, of any previous employment as an operator of a 
commercial motor vehicle.
    (2) The Secretary of Transportation shall prescribe by regulation 
the period for which notice of previous employment must be given under 
paragraph (1) of this subsection. However, the period may not be less 
than the 10-year period ending on the date of the application.

Sec. 31304. Employer responsibilities

    An employer may not knowingly allow an employee to operate a 
commercial motor vehicle in the United States during a period in which 
the employee--
        (1) has a driver's license revoked, suspended, or canceled by a 
    State, has lost the right to operate a commercial motor vehicle in 
    a State, or has been disqualified from operating a commercial motor 
    vehicle; or
        (2) has more than one driver's license (except as allowed under 
    section 31302 of this title).

Sec. 31305. General driver fitness and testing

    (a) Minimum Standards for Testing and Fitness.--The Secretary of 
Transportation shall prescribe regulations on minimum standards for 
testing and ensuring the fitness of an individual operating a 
commercial motor vehicle. The regulations--
        (1) shall prescribe minimum standards for written and driving 
    tests of an individual operating a commercial motor vehicle;
        (2) shall require an individual who operates or will operate a 
    commercial motor vehicle to take a driving test in a vehicle 
    representative of the type of vehicle the individual operates or 
    will operate;
        (3) shall prescribe minimum testing standards for the operation 
    of a commercial motor vehicle and may prescribe different minimum 
    testing standards for different classes of commercial motor 
    vehicles;
        (4) shall ensure that an individual taking the tests has a 
    working knowledge of--
            (A) regulations on the safe operation of a commercial motor 
        vehicle prescribed by the Secretary and contained in title 49, 
        Code of Federal Regulations; and
            (B) safety systems of the vehicle;
        (5) shall ensure that an individual who operates or will 
    operate a commercial motor vehicle carrying a hazardous material--
            (A) is qualified to operate the vehicle under regulations 
        on motor vehicle transportation of hazardous material 
        prescribed under chapter 51 of this title; and
            (B) has a working knowledge of--
                (i) those regulations;
                (ii) the handling of hazardous material;
                (iii) the operation of emergency equipment used in 
            response to emergencies arising out of the transportation 
            of hazardous material; and
                (iv) appropriate response procedures to follow in those 
            emergencies;
        (6) shall establish minimum scores for passing the tests;
        (7) shall ensure that an individual taking the tests is 
    qualified to operate a commercial motor vehicle under regulations 
    prescribed by the Secretary and contained in title 49, Code of 
    Federal Regulations, to the extent the regulations apply to the 
    individual; and
        (8) may require--
            (A) issuance of a certification of fitness to operate a 
        commercial motor vehicle to an individual passing the tests; 
        and
            (B) the individual to have a copy of the certification in 
        the individual's possession when the individual is operating a 
        commercial motor vehicle.
    (b) Requirements for Operating Vehicles.--(1) Except as provided in 
paragraph (2) of this subsection, an individual may operate a 
commercial motor vehicle only if the individual has passed written and 
driving tests to operate the vehicle that meet the minimum standards 
prescribed by the Secretary under subsection (a) of this section.
    (2) The Secretary may prescribe regulations providing that an 
individual may operate a commercial motor vehicle for not more than 90 
days if the individual--
        (A) passes a driving test for operating a commercial motor 
    vehicle that meets the minimum standards prescribed under 
    subsection (a) of this section; and
        (B) has a driver's license that is not suspended, revoked, or 
    canceled.

Sec. 31306. Alcohol and controlled substances testing

    (a) Definition.--In this section, ``controlled substance'' means 
any substance under section 102 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the 
Secretary of Transportation.
    (b) Testing Program for Operators of Commercial Motor Vehicles.--
(1)(A) In the interest of commercial motor vehicle safety, the 
Secretary of Transportation shall prescribe regulations not later than 
October 28, 1992, that establish a program requiring motor carriers to 
conduct preemployment, reasonable suspicion, random, and post-accident 
testing of operators of commercial motor vehicles for the use of 
alcohol or a controlled substance in violation of law or a United 
States Government regulation.
    (B) When the Secretary of Transportation considers it appropriate 
in the interest of safety, the Secretary may prescribe regulations for 
conducting periodic recurring testing of operators of commercial motor 
vehicles for the use of alcohol or a controlled substance in violation 
of law or a Government regulation.
    (2) In prescribing regulations under this subsection, the Secretary 
of Transportation--
        (A) shall require that post-accident testing of an operator of 
    a commercial motor vehicle be conducted when loss of human life 
    occurs in an accident involving a commercial motor vehicle; and
        (B) may require that post-accident testing of such an operator 
    be conducted when bodily injury or significant property damage 
    occurs in any other serious accident involving a commercial motor 
    vehicle.
    (c) Testing and Laboratory Requirements.--In carrying out 
subsection (b) of this section, the Secretary of Transportation shall 
develop requirements that shall--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled 
    substances, incorporate the Department of Health and Human Services 
    scientific and technical guidelines dated April 11, 1988, and any 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of 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 testing under this 
    section have the capability and facility, at the laboratory, of 
    performing screening and confirmation tests;
        (4) provide that any test indicating the use of alcohol or a 
    controlled substance in violation of law or a Government regulation 
    be confirmed by a scientifically recognized method of testing 
    capable of providing quantitative information about alcohol or a 
    controlled substance;
        (5) provide that each specimen be subdivided, secured, and 
    labeled in the presence of the tested individual and that a part of 
    the specimen be retained in a secure manner to prevent the 
    possibility of tampering, so that if the individual's confirmation 
    test results are positive the individual has an opportunity to have 
    the retained part tested by a 2d 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.
    (d) Testing as Part of Medical Examination.--The Secretary of 
Transportation may provide that testing under subsection (a) of this 
section for operators subject to subpart E of part 391 of title 49, 
Code of Federal Regulations, be conducted as part of the medical 
examination required under that subpart.
    (e) Rehabilitation.--The Secretary of Transportation shall 
prescribe regulations establishing requirements for rehabilitation 
programs that provide for the identification and opportunity for 
treatment of operators of commercial motor vehicles who are found to 
have used alcohol or a controlled substance in violation of law or a 
Government regulation. The Secretary shall decide on the circumstances 
under which those operators shall be required to participate in a 
program. This section does not prevent a motor carrier from 
establishing a program under this section in cooperation with another 
motor carrier.
    (f) Sanctions.--The Secretary of Transportation shall decide on 
appropriate sanctions for a commercial motor vehicle operator who is 
found, based on tests conducted and confirmed under this section, to 
have used alcohol or a controlled substance in violation of law or a 
Government regulation but who is not under the influence of alcohol or 
a controlled substance as provided in this chapter.
    (g) Effect on State and Local Government Regulations.--A State or 
local government may not prescribe or continue in effect a law, 
regulation, standard, or order that is inconsistent with regulations 
prescribed under this section. However, a regulation prescribed under 
this section may not be construed to preempt a State criminal law that 
imposes sanctions for reckless conduct leading to loss of life, injury, 
or damage to property.
    (h) International Obligations and Foreign Laws.--In prescribing 
regulations under this section, the Secretary of Transportation--
        (1) shall establish only requirements that are consistent with 
    international obligations of the United States; and
        (2) shall consider applicable laws and regulations of foreign 
    countries.
    (i) Other Regulations Allowed.--This section does not 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 commercial 
motor vehicle employees.
    (j) Application of Penalties.--This section does not supersede a 
penalty applicable to an operator of a commercial motor vehicle under 
this chapter or another law.

Sec. 31307. Minimum training requirements for operators of longer 
            combination vehicles

    (a) Definition.--In this section, ``longer combination vehicle'' 
means a vehicle consisting of a truck tractor and more than one trailer 
or semitrailer that operates on the Dwight D. Eisenhower System of 
Interstate and Defense Highways with a gross vehicle weight of more 
than 80,000 pounds.
    (b) Requirements.--Not later than December 18, 1994, the Secretary 
of Transportation shall prescribe regulations establishing minimum 
training requirements for operators of longer combination vehicles. The 
training shall include certification of an operator's proficiency by an 
instructor who has met the requirements established by the Secretary.

Sec. 31308. Commercial driver's license

    After consultation with the States, the Secretary of Transportation 
shall prescribe regulations on minimum uniform standards for the 
issuance of commercial drivers' licenses by the States and for 
information to be contained on each of the licenses. The standards 
shall require at a minimum that--
        (1) an individual issued a commercial driver's license pass 
    written and driving tests for the operation of a commercial motor 
    vehicle that comply with the minimum standards prescribed by the 
    Secretary under section 31305(a) of this title;
        (2) the license be tamperproof to the maximum extent 
    practicable; and
        (3) the license contain--
            (A) the name and address of the individual issued the 
        license and a physical description of the individual;
            (B) the social security account number or other number or 
        information the Secretary decides is appropriate to identify 
        the individual;
            (C) the class or type of commercial motor vehicle the 
        individual is authorized to operate under the license;
            (D) the name of the State that issued the license; and
            (E) the dates between which the license is valid.

Sec. 31309. Commercial driver's license information system

    (a) General Requirement.--The Secretary of Transportation shall 
make an agreement under subsection (b) of this section for the 
operation of, or establish under subsection (c) of this section, an 
information system that will serve as a clearinghouse and depository of 
information about the licensing, identification, and disqualification 
of operators of commercial motor vehicles. The Secretary shall consult 
with the States in carrying out this section.
    (b) State Agreements.--If the Secretary decides that an information 
system used by a State or States about the driving status of operators 
of motor vehicles or another State-operated information system could be 
used to carry out this section, and the State or States agree to the 
use of the system for carrying out this section, the Secretary may make 
an agreement with the State or States to use the system as provided in 
this section and section 31311(c) of this title. An agreement made 
under this subsection shall contain terms the Secretary considers 
necessary to carry out this chapter.
    (c) Establishment by Secretary.--If the Secretary does not make an 
agreement under subsection (b) of this section, the Secretary shall 
establish an information system about the driving status and licensing 
of operators of commercial motor vehicles as provided in this section.
    (d) Contents.--(1) At a minimum, the information system under this 
section shall include for each operator of a commercial motor vehicle--
        (A) information the Secretary considers appropriate to ensure 
    identification of the operator;
        (B) the name, address, and physical description of the 
    operator;
        (C) the social security account number of the operator or other 
    number or information the Secretary considers appropriate to 
    identify the operator;
        (D) the name of the State that issued the license to the 
    operator;
        (E) the dates between which the license is valid; and
        (F) whether the operator had a commercial motor vehicle 
    driver's license revoked, suspended, or canceled by a State, lost 
    the right to operate a commercial motor vehicle in a State for any 
    period, or has been disqualified from operating a commercial motor 
    vehicle.
    (2) Not later than December 31, 1990, the Secretary shall prescribe 
regulations on minimum uniform standards for a biometric identification 
system to ensure the identification of operators of commercial motor 
vehicles.
    (e) Availability of Information.--(1) On request of a State, the 
Secretary or the operator of the information system, as the case may 
be, may make available to the State information in the information 
system under this section.
    (2) On request of an employee, the Secretary or the operator of the 
information system, as the case may be, may make available to the 
employee information in the information system about the employee.
    (3) On request of an employer or prospective employer of an 
employee and after notification to the employee, the Secretary or the 
operator of the information system, as the case may be, may make 
available to the employer or prospective employer information in the 
information system about the employee.
    (4) On the request of the Secretary, the operator of the 
information system shall make available to the Secretary information 
about the driving status and licensing of operators of commercial motor 
vehicles (including information required by subsection (d)(1) of this 
section).
    (f) Fee System.--If the Secretary establishes an information system 
under this section, the Secretary shall establish a fee system for 
using the information system. Fees collected under this subsection in a 
fiscal year shall equal as nearly as possible the costs of operating 
the information system in that fiscal year. The Secretary shall deposit 
fees collected under this subsection in the Highway Trust Fund (except 
the Mass Transit Account).

Sec. 31310. Disqualifications

    (a) Blood Alcohol Concentration Level.--In this section, the blood 
alcohol concentration level at or above which an individual when 
operating a commercial motor vehicle is deemed to be driving under the 
influence of alcohol is .04 percent.
    (b) First Violation or Committing Felony.--(1) Except as provided 
in paragraph (2) of this subsection and subsection (c) of this section, 
the Secretary of Transportation shall disqualify from operating a 
commercial motor vehicle for at least one year an individual--
        (A) committing a first violation of driving a commercial motor 
    vehicle under the influence of alcohol or a controlled substance;
        (B) committing a first violation of leaving the scene of an 
    accident involving a commercial motor vehicle operated by the 
    individual; or
        (C) using a commercial motor vehicle in committing a felony 
    (except a felony described in subsection (d) of this section).
    (2) If the vehicle involved in a violation referred to in paragraph 
(1) of this subsection is transporting hazardous material required to 
be placarded under section 5103 of this title, the Secretary shall 
disqualify the individual for at least 3 years.
    (c) Second and Multiple Violations.--(1) Subject to paragraph (2) 
of this subsection, the Secretary shall disqualify from operating a 
commercial motor vehicle for life an individual--
        (A) committing more than one violation of driving a commercial 
    motor vehicle under the influence of alcohol or a controlled 
    substance;
        (B) committing more than one violation of leaving the scene of 
    an accident involving a commercial motor vehicle operated by the 
    individual;
        (C) using a commercial motor vehicle in committing more than 
    one felony arising out of different criminal episodes; or
        (D) committing any combination of single violations or use 
    described in clauses (A)-(C) of this paragraph.
    (2) The Secretary may prescribe regulations establishing guidelines 
(including conditions) under which a disqualification for life under 
paragraph (1) of this subsection may be reduced to a period of not less 
than 10 years.
    (d) Controlled Substance Violations.--The Secretary shall 
disqualify from operating a commercial motor vehicle for life an 
individual who uses a commercial motor vehicle in committing a felony 
involving manufacturing, distributing, or dispensing a controlled 
substance, or possession with intent to manufacture, distribute, or 
dispense a controlled substance.
    (e) Serious Traffic Violations.--(1) The Secretary shall disqualify 
from operating a commercial motor vehicle for at least 60 days an 
individual who, in a 3-year period, commits 2 serious traffic 
violations involving a commercial motor vehicle operated by the 
individual.
    (2) The Secretary shall disqualify from operating a commercial 
motor vehicle for at least 120 days an individual who, in a 3-year 
period, commits 3 serious traffic violations involving a commercial 
motor vehicle operated by the individual.
    (f) State Disqualification.--Notwithstanding subsections (b)-(e) of 
this section, the Secretary does not have to disqualify an individual 
from operating a commercial motor vehicle if the State that issued the 
individual a license authorizing the operation has disqualified the 
individual from operating a commercial motor vehicle under subsections 
(b)-(e). Revocation, suspension, or cancellation of the license is 
deemed to be disqualification under this subsection.
    (g) Out-of-Service Orders.--(1)(A) To enforce section 392.5 of 
title 49, Code of Federal Regulations, the Secretary shall prescribe 
regulations establishing and enforcing an out-of-service period of 24 
hours for an individual who violates section 392.5. An individual may 
not violate an out-of-service order issued under those regulations.
    (B) The Secretary shall prescribe regulations establishing and 
enforcing requirements for reporting out-of-service orders issued under 
regulations prescribed under subparagraph (A) of this paragraph. 
Regulations prescribed under this subparagraph shall require at least 
that an operator of a commercial motor vehicle who is issued an out-of-
service order to report the issuance to the individual's employer and 
to the State that issued the operator a driver's license.
    (2) Not later than December 18, 1992, the Secretary shall prescribe 
regulations establishing sanctions and penalties related to violations 
of out-of-service orders by individuals operating commercial motor 
vehicles. The regulations shall require at least that--
        (A) an operator of a commercial motor vehicle found to have 
    committed a first violation of an out-of-service order shall be 
    disqualified from operating such a vehicle for at least 90 days and 
    liable for a civil penalty of at least $1,000;
        (B) an operator of a commercial motor vehicle found to have 
    committed a 2d violation of an out-of-service order shall be 
    disqualified from operating such a vehicle for at least one year 
    and not more than 5 years and liable for a civil penalty of at 
    least $1,000; and
        (C) an employer that knowingly allows or requires an employee 
    to operate a commercial motor vehicle in violation of an out-of-
    service order shall be liable for a civil penalty of not more than 
    $10,000.

Sec. 31311. Requirements for State participation

    (a) General.--To avoid having amounts withheld from apportionment 
under section 31314 of this title, a State shall comply with the 
following requirements:
        (1) The State shall adopt and carry out a program for testing 
    and ensuring the fitness of individuals to operate commercial motor 
    vehicles consistent with the minimum standards prescribed by the 
    Secretary of Transportation under section 31305(a) of this title.
        (2) The State may issue a commercial driver's license to an 
    individual only if the individual passes written and driving tests 
    for the operation of a commercial motor vehicle that comply with 
    the minimum standards.
        (3) The State shall have in effect and enforce a law providing 
    that an individual with a blood alcohol concentration level at or 
    above the level established by section 31310(a) of this title when 
    operating a commercial motor vehicle is deemed to be driving under 
    the influence of alcohol.
        (4) The State shall authorize an individual to operate a 
    commercial motor vehicle only by issuing a commercial driver's 
    license containing the information described in section 31308(3) of 
    this title.
        (5) At least 60 days before issuing a commercial driver's 
    license (or a shorter period the Secretary prescribes by 
    regulation), the State shall notify the Secretary or the operator 
    of the information system under section 31309 of this title, as the 
    case may be, of the proposed issuance of the license and other 
    information the Secretary may require to ensure identification of 
    the individual applying for the license.
        (6) Before issuing a commercial driver's license to an 
    individual, the State shall request from any other State that has 
    issued a commercial driver's license to the individual all 
    information about the driving record of the individual.
        (7) Not later than 30 days after issuing a commercial driver's 
    license, the State shall notify the Secretary or the operator of 
    the information system under section 31309 of this title, as the 
    case may be, of the issuance.
        (8) Not later than 10 days after disqualifying the holder of a 
    commercial driver's license from operating a commercial motor 
    vehicle (or after revoking, suspending, or canceling the license) 
    for at least 60 days, the State shall notify the Secretary or the 
    operator of the information system under section 31309 of this 
    title, as the case may be, and the State that issued the license, 
    of the disqualification, revocation, suspension, or cancellation.
        (9) If an individual operating a commercial motor vehicle 
    violates a State or local law on motor vehicle traffic control 
    (except a parking violation) and the individual has a driver's 
    license issued by another State, the State in which the violation 
    occurred shall notify a State official designated by the issuing 
    State of the violation not later than 10 days after the date the 
    individual is found to have committed the violation.
        (10) The State may not issue a commercial driver's license to 
    an individual during a period in which the individual is 
    disqualified from operating a commercial motor vehicle or the 
    individual's driver's license is revoked, suspended, or canceled.
        (11) The State may issue a commercial driver's license to an 
    individual who has a commercial driver's license issued by another 
    State only if the individual first returns the driver's license 
    issued by the other State.
        (12) The State may issue a commercial driver's license only to 
    an individual who operates or will operate a commercial motor 
    vehicle and is domiciled in the State, except that, under 
    regulations the Secretary shall prescribe, the State may issue a 
    commercial driver's license to an individual who operates or will 
    operate a commercial motor vehicle and is not domiciled in a State 
    that issues commercial drivers' licenses.
        (13) The State shall impose penalties the State considers 
    appropriate and the Secretary approves for an individual operating 
    a commercial motor vehicle when the individual--
            (A) does not have a commercial driver's license;
            (B) has a driver's license revoked, suspended, or canceled; 
        or
            (C) is disqualified from operating a commercial motor 
        vehicle.
        (14) The State shall allow an individual to operate a 
    commercial motor vehicle in the State if--
            (A) the individual has a commercial driver's license issued 
        by another State under the minimum standards prescribed by the 
        Secretary under section 31305(a) of this title;
            (B) the license is not revoked, suspended, or canceled; and
            (C) the individual is not disqualified from operating a 
        commercial motor vehicle.
        (15) The State shall disqualify an individual from operating a 
    commercial motor vehicle for the same reasons and time periods for 
    which the Secretary shall disqualify the individual under section 
    31310(b)-(e) of this title.
        (16)(A) Before issuing a commercial driver's license to an 
    individual, the State shall request the Secretary for information 
    from the National Driver Register maintained under chapter 303 of 
    this title (after the Secretary decides the Register is 
    operational) on whether the individual--
            (i) has been disqualified from operating a motor vehicle 
        (except a commercial motor vehicle);
            (ii) has had a license (except a license authorizing the 
        individual to operate a commercial motor vehicle) revoked, 
        suspended, or canceled for cause in the 3-year period ending on 
        the date of application for the commercial driver's license; or
            (iii) has been convicted of an offense specified in section 
        30304(a)(3) of this title.
        (B) The State shall give full weight and consideration to that 
    information in deciding whether to issue the individual a 
    commercial driver's license.
        (17) The State shall adopt and enforce regulations prescribed 
    by the Secretary under section 31310(g)(1)(A) and (2) of this 
    title.
    (b) State Satisfaction of Requirements.--A State may satisfy the 
requirements of subsection (a) of this section that the State 
disqualify an individual from operating a commercial motor vehicle by 
revoking, suspending, or canceling the driver's license issued to the 
individual.
    (c) Notification.--Not later than 30 days after being notified by a 
State of the proposed issuance of a commercial driver's license to an 
individual, the Secretary or the operator of the information system 
under section 31309 of this title, as the case may be, shall notify the 
State whether the individual has a commercial driver's license issued 
by another State or has been disqualified from operating a commercial 
motor vehicle by another State or the Secretary.

Sec. 31312. Grants for testing and ensuring the fitness of operators of 
            commercial motor vehicles

    (a) Basic Grants.--(1) The Secretary of Transportation may make a 
grant to a State under this subsection if the State--
        (A) makes an agreement with the Secretary--
            (i) to adopt and carry out in the fiscal year in which the 
        grant is made a program for testing and ensuring the fitness of 
        individuals who operate commercial motor vehicles under the 
        minimum standards prescribed by the Secretary under section 
        31305(a) of this title; and
            (ii) to require that operators of commercial motor vehicles 
        have passed written and driving tests that meet the minimum 
        standards; and
        (B) has in effect and enforces in that fiscal year a law 
    providing that an individual with a blood alcohol concentration of 
    at least .10 percent when operating a commercial motor vehicle is 
    deemed to be driving under the influence of alcohol.
    (2) A State may--
        (A) administer driving tests referred to in paragraph (1) of 
    this subsection and section 31311(a) of this title; or
        (B) make an agreement, approved by the Secretary, for the tests 
    to be administered by a person (including a department, agency, or 
    instrumentality of a local government) that meets minimum standards 
    the Secretary prescribes by regulation if--
            (i) the agreement allows the Secretary and the State each 
        to conduct random examinations, inspections, and audits of the 
        testing without prior notification; and
            (ii) the State annually conducts at least one onsite 
        inspection of the testing.
    (3) The Secretary shall decide on the amount of a grant in a fiscal 
year to be made under this subsection to a State eligible to receive 
the grant in the fiscal year. However--
        (A) a grant to a State under this subsection shall be at least 
    $100,000 in a fiscal year; and
        (B) to the extent each State grant under this subsection is 
    more than $100,000 in a fiscal year, the Secretary shall ensure 
    that those States are treated equitably.
    (4) A State receiving a grant under this subsection may use the 
amounts provided under the grant only to test operators of commercial 
motor vehicles.
    (5) There is available to the Secretary to carry out this 
subsection $__________ from amounts made available under section 31104 
of this title for the fiscal year ending September 30, 19__.
    (b) Supplemental Grants.--(1) The Secretary may make a grant under 
this subsection in a fiscal year to a State eligible to receive a grant 
under subsection (a) of this section in that fiscal year. A grant made 
under this subsection shall be used for testing operators of commercial 
motor vehicles.
    (2) Amounts of grants under this subsection shall be distributed 
among the States eligible to receive grants under subsection (a) of 
this section in the fiscal year on the basis of the number of written 
and driving tests administered, and the number of drivers' licenses for 
the operation of commercial motor vehicles issued, in the prior fiscal 
year.
    (3) There is available to the Secretary to carry out this 
subsection $__________ from amounts made available under section 31104 
of this title for the fiscal year ending September 30, 19__.
    (c) Maintenance of Expenditures.--The Secretary may make a grant to 
a State under this section only if the State agrees that the total 
expenditure of amounts of the State and political subdivisions of the 
State, exclusive of United States Government amounts, for testing 
operators of commercial motor vehicles will be maintained at a level at 
least equal to the average level of that expenditure for its last 2 
fiscal years before October 27, 1986.
    (d) Availability of Amounts.--(1) Amounts made available to a State 
under this section remain available for obligation by the State for the 
fiscal year for which the amounts are made available. Any of those 
amounts not obligated before the last day of that fiscal year are no 
longer available for obligation by the State and are available to the 
Secretary to carry out this chapter.
    (2) Amounts made available to the Secretary under this section 
remain available until expended.
    (e) Grants as Contractual Obligations.--Approval by the Secretary 
of a grant to a State under this section is a contractual obligation of 
the Government for payment of the amount of the grant.
    (f) Testing and Fitness Program Studies.--In this section, 
development of a program for testing and ensuring the fitness of 
individuals who operate commercial motor vehicles includes studies of--
        (1) the number of vehicles that will need to be tested under 
    the program in a calendar year;
        (2) facilities at which testing of those individuals could be 
    conducted; and
        (3) additional resources (including personnel) that will be 
    necessary to conduct the testing.

Sec. 31313. Grants for issuing commercial drivers' licenses and 
            complying with State participation requirements

    (a) General Authority.--The Secretary of Transportation may make a 
grant under this section to a State in a fiscal year if the State makes 
an agreement with the Secretary to participate in that fiscal year in 
the commercial driver's license program established by this chapter and 
the information system required by section 31309 of this title and to 
comply with the requirements of section 31311(a) of this title.
    (b) Amounts of Grants.--The Secretary shall decide on the amount of 
a grant in a fiscal year to be made under this section to a State 
eligible to receive the grant in the fiscal year. However--
        (1) a grant to a State under this section shall be at least 
    $100,000 in a fiscal year; and
        (2) to the extent each State grant under this section is more 
    than $100,000 in a fiscal year, the Secretary shall ensure that 
    those States are treated equitably.
    (c) Limitation on Use.--A State receiving a grant under this 
section may use the amounts provided under the grant only for issuing 
commercial drivers' licenses and complying with the requirements of 
section 31311(a) of this title.
    (d) Availability of Amounts.--(1) Amounts made available to a State 
under this section remain available for obligation by the State for the 
fiscal year for which the amounts are made available. Any of those 
amounts not obligated before the last day of that fiscal year are no 
longer available for obligation by the State and are available to the 
Secretary to carry out this chapter.
    (2) Amounts made available to the Secretary under this section 
remain available until expended.
    (e) Grants as Contractual Obligations.--Approval by the Secretary 
of a grant to a State under this section is a contractual obligation of 
the United States Government for payment of the amount of the grant.
    (f) Authorization.--There is available to the Secretary to carry 
out this section $__________ from amounts made available under section 
31104 of this title for the fiscal year ending September 30, 19__.

Sec. 31314. Withholding amounts for State noncompliance

    (a) First Fiscal Year.--The Secretary of Transportation shall 
withhold 5 percent of the amount required to be apportioned to a State 
under section 104(b)(1), (2), (5), and (6) of title 23 on the first day 
of the fiscal year after the first fiscal year beginning after 
September 30, 1992, throughout which the State does not comply 
substantially with a requirement of section 31311(a) of this title.
    (b) Second Fiscal Year.--The Secretary shall withhold 10 percent of 
the amount required to be apportioned to a State under section 
104(b)(1), (2), (5), and (6) of title 23 on the first day of each 
fiscal year after the 2d fiscal year beginning after September 30, 
1992, throughout which the State does not comply substantially with a 
requirement of section 31311(a) of this title.
    (c) Availability for Apportionment.--(1) Amounts withheld under 
this section from apportionment to a State before October 1, 1995, 
remain available for apportionment to the State as follows:
        (A) If the amounts would have been apportioned under section 
    104(b)(5)(B) of title 23 but for this section, the amounts remain 
    available until the end of the 2d fiscal year following the fiscal 
    year for which the amounts are authorized to be appropriated.
        (B) If the amounts would have been apportioned under section 
    104(b)(1), (2), or (6) of title 23 but for this section, the 
    amounts remain available until the end of the 3d fiscal year 
    following the fiscal year for which the amounts are authorized to 
    be appropriated.
    (2) Amounts withheld under this section from apportionment to a 
State after September 30, 1995, are not available for apportionment to 
the State.
    (d) Apportionment After Compliance.--(1) If, before the last day of 
the period for which amounts withheld under this section from 
apportionment are to remain available for apportionment to a State 
under subsection (c)(1) of this section, the State substantially 
complies with all of the requirements of section 31311(a) of this title 
for a period of 365 days, the Secretary, on the day following the last 
day of that period, shall apportion to the State the withheld amounts 
remaining available for apportionment to that State.
    (2) Amounts apportioned under paragraph (1) of this subsection 
remain available for expenditure until the end of the 3d fiscal year 
following the fiscal year in which the amounts are apportioned. Amounts 
not obligated at the end of that period lapse or, for amounts 
apportioned under section 104(b)(5) of title 23, lapse and are 
available for projects under section 118(b) of title 23.
    (e) Lapse.--If, at the end of the period for which amounts withheld 
under this section from apportionment are available for apportionment 
to a State under subsection (c)(1) of this section, the State has not 
substantially complied with all of the requirements of section 31311(a) 
of this title for a 365-day period, the amounts lapse or, for amounts 
withheld from apportionment under section 104(b)(5) of title 23, the 
amounts lapse and are available for projects under section 118(b) of 
title 23.

Sec. 31315. Waiver authority

    After notice and an opportunity for comment, the Secretary of 
Transportation may waive any part of this chapter or a regulation 
prescribed under this chapter as it applies to a class of individuals 
or commercial motor vehicles if the Secretary decides the waiver is not 
contrary to the public interest and does not diminish the safe 
operation of commercial motor vehicles. A waiver under this section 
shall be published in the Federal Register with reasons for the waiver.

Sec. 31316. Limitation on statutory construction

    This chapter does not affect the authority of the Secretary of 
Transportation to regulate commercial motor vehicle safety involving 
motor vehicles with a gross vehicle weight rating of less than 26,001 
pounds or a lesser gross vehicle weight rating the Secretary decides is 
appropriate under section 31301(4)(A) of this title.

Sec. 31317. Procedure for prescribing regulations

    Regulations prescribed by the Secretary of Transportation to carry 
out this chapter (except section 31307) shall be prescribed under 
section 553 of title 5 without regard to sections 556 and 557 of title 
5.

                   CHAPTER 315--MOTOR CARRIER SAFETY

Sec.
31501.  Definitions.
31502.  Requirements for qualifications, hours of service, safety, and 
          equipment standards.
31503.  Research, investigation, and testing.
31504.  Identification of motor vehicles.

Sec. 31501. Definitions

    In this chapter--
        (1) ``migrant worker'' means an individual going to or from 
    employment in agriculture as provided under section 3121(g) of the 
    Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) 
    of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).
        (2) ``motor carrier'', ``motor common carrier'', ``motor 
    private carrier'', ``motor vehicle'', and ``United States'' have 
    the same meanings given those terms in section 10102 of this title.
        (3) ``motor carrier of migrant workers''--
            (A) means a person (except a motor common carrier) 
        providing transportation referred to in section 10521(a) of 
        this title by a motor vehicle (except a passenger automobile or 
        station wagon) for at least 3 migrant workers at a time to or 
        from their employment; but
            (B) does not include a migrant worker providing 
        transportation for migrant workers and their immediate 
        families.

Sec. 31502. Requirements for qualifications, hours of service, safety, 
            and equipment standards

    (a) Application.--This section applies to transportation--
        (1) described in sections 10521 and 10522 of this title; and
        (2) to the extent the transportation is in the United States 
    and is between places in a foreign country, or between a place in a 
    foreign country and a place in another foreign country.
    (b) Motor Carrier and Private Motor Carrier Requirements.--The 
Secretary of Transportation may prescribe requirements for--
        (1) qualifications and maximum hours of service of employees 
    of, and safety of operation and equipment of, a motor carrier; and
        (2) qualifications and maximum hours of service of employees 
    of, and standards of equipment of, a motor private carrier, when 
    needed to promote safety of operation.
    (c) Migrant Worker Motor Carrier Requirements.--The Secretary may 
prescribe requirements for the comfort of passengers, qualifications 
and maximum hours of service of operators, and safety of operation and 
equipment of a motor carrier of migrant workers. The requirements only 
apply to a carrier transporting a migrant worker--
        (1) at least 75 miles; and
        (2) across the boundary of a State, territory, or possession of 
    the United States.
    (d) Considerations.--Before prescribing or revising any requirement 
under this section, the Secretary shall consider the costs and benefits 
of the requirement.

Sec. 31503. Research, investigation, and testing

    (a) General Authority.--The Secretary of Transportation may 
investigate and report on the need for regulation by the United States 
Government of sizes, weight, and combinations of motor vehicles and 
qualifications and maximum hours of service of employees of a motor 
carrier subject to subchapter II of chapter 105 of this title and a 
motor private carrier. The Secretary shall use the services of each 
department, agency, or instrumentality of the Government and each 
organization of motor carriers having special knowledge of a matter 
being investigated.
    (b) Use of Services.--In carrying out this chapter, the Secretary 
may use the services of a department, agency, or instrumentality of the 
Government having special knowledge about safety, to conduct scientific 
and technical research, investigation, and testing when necessary to 
promote safety of operation and equipment of motor vehicles. The 
Secretary may reimburse the department, agency, or instrumentality for 
the services provided.

Sec. 31504. Identification of motor vehicles

    (a) General Authority.--The Secretary of Transportation may--
        (1) issue and require the display of an identification plate on 
    a motor vehicle used in transportation provided by a motor private 
    carrier and a motor carrier of migrant workers subject to section 
    31502(c) of this title, except a motor contract carrier; and
        (2) require each of those motor private carriers and motor 
    carriers of migrant workers to pay the reasonable cost of the 
    plate.
    (b) Limitation.--A motor private carrier or a motor carrier of 
migrant workers may use an identification plate only as authorized by 
the Secretary.

   CHAPTER 317--PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND 
                    INTERNATIONAL FUEL TAX AGREEMENT

Sec.
31701.  Definitions.
31702.  Working group.
31703.  Grants.
31704.  Vehicle registration.
31705.  Fuel use tax.
31706.  Enforcement.
31707.  Limitations on statutory construction.
31708.  Authorization of appropriations.

Sec. 31701. Definitions

    In this chapter--
        (1) ``commercial motor vehicle'', with respect to--
            (A) the International Registration Plan, has the same 
        meaning given the term ``apportionable vehicle'' under the 
        Plan; and
            (B) the International Fuel Tax Agreement, has the same 
        meaning given the term ``qualified motor vehicle'' under the 
        Agreement.
        (2) ``fuel use tax'' means a tax imposed on or measured by the 
    consumption of fuel in a motor vehicle.
        (3) ``International Fuel Tax Agreement'' means the interstate 
    agreement on collecting and distributing fuel use taxes paid by 
    motor carriers, developed under the auspices of the National 
    Governors' Association.
        (4) ``International Registration Plan'' means the interstate 
    agreement on apportioning vehicle registration fees paid by motor 
    carriers, developed by the American Association of Motor Vehicle 
    Administrators.
        (5) ``Regional Fuel Tax Agreement'' means the interstate 
    agreement on collecting and distributing fuel use taxes paid by 
    motor carriers in the States of Maine, Vermont, and New Hampshire.
        (6) ``State'' means the 48 contiguous States and the District 
    of Columbia.

Sec. 31702. Working group

    (a) Establishment.--The Secretary of Transportation shall establish 
a working group of State and local government officials, including 
representatives of the National Governors' Association, the American 
Association of Motor Vehicle Administrators, the National Conference of 
State Legislatures, the Federation of Tax Administrators, and the Board 
of Directors for the International Fuel Tax Agreement, and a 
representative of the Regional Fuel Tax Agreement.
    (b) Purposes.--The purposes of the working group are--
        (1) to propose procedures to resolve disputes among States 
    participating in the International Registration Plan and among 
    States participating in the International Fuel Tax Agreement, 
    including designating the Secretary or any other person to resolve 
    the disputes; and
        (2) to provide technical assistance to States participating or 
    seeking to participate in the Plan or Agreement.
    (c) Consultation Requirement.--In carrying out subsection (b) of 
this section, the working group shall consult with members of the motor 
carrier industry.
    (d) Report.--(1) Not later than December 18, 1993, the working 
group shall submit a report to--
        (A) the Secretary;
        (B) the Committee on Commerce, Science, and Transportation of 
    the Senate;
        (C) the Committee on Public Works and Transportation of the 
    House of Representatives;
        (D) the Committee on the Judiciary of the House of 
    Representatives;
        (E) the States participating in the International Registration 
    Plan; and
        (F) the States participating in the International Fuel Tax 
    Agreement.
    (2) The report shall contain a detailed statement of the working 
group's findings and conclusions and its joint recommendations about 
the matters referred to in subsection (b) of this section. After 
submitting the report, the working group periodically may review and 
modify the findings and conclusions and the joint recommendations as 
appropriate and submit a report containing the modifications to the 
Secretary and the committees specified in paragraph (1) of this 
subsection.
    (e) Relationship to Other Laws.--The Federal Advisory Committee Act 
(5 App. U.S.C.) does not apply to the working group.

Sec. 31703. Grants

    (a) General Authority.--The Secretary of Transportation may make 
grants to States and appropriate persons to facilitate participation in 
the International Registration Plan and the International Fuel Tax 
Agreement and to make administrative improvements in any other base 
State fuel use tax agreement in existence as of January 1, 1991. A 
grant may include amounts for technical assistance, personnel training, 
travel costs, and technology and equipment associated with the 
participation.
    (b) Contractual Obligation.--Approval by the Secretary of a grant 
with amounts made available under this section is a contractual 
obligation of the United States Government for payment of the 
Government's share of the grant.

Sec. 31704. Vehicle registration

    After September 30, 1996, a State that is not participating in the 
International Registration Plan may not establish, maintain, or enforce 
a commercial motor vehicle registration law, regulation, or agreement 
that limits the operation in that State of a commercial motor vehicle 
that is not registered under the laws of the State, if the vehicle is 
registered under the laws of a State participating in the Plan.

Sec. 31705. Fuel use tax

    (a) Reporting Requirements.--After September 30, 1996, a State may 
establish, maintain, or enforce a law or regulation that has a fuel use 
tax reporting requirement (including any tax reporting form) only if 
the requirement conforms with the International Fuel Tax Agreement.
    (b) Payment.--After September 30, 1996, a State may establish, 
maintain, or enforce a law or regulation that provides for the payment 
of a fuel use tax only if the law or regulation conforms with the 
International Fuel Tax Agreement as it applies to collection of a fuel 
use tax by a single base State and proportional sharing of fuel use 
taxes charged among the States where a commercial motor vehicle is 
operated.
    (c) Limitation.--If the International Fuel Tax Agreement is 
amended, a State not participating in the Agreement when the amendment 
is made is not subject to the conformity requirements of subsections 
(a) and (b) of this section in regard to the amendment until after a 
reasonable time, but not earlier than the expiration of--
        (1) the 365-day period beginning on the first day that States 
    participating in the Agreement are required to comply with the 
    amendment; or
        (2) the 365-day period beginning on the day the relevant office 
    of the State receives written notice of the amendment from the 
    Secretary of Transportation.
    (d) Nonapplication.--This section does not apply to a State that 
was participating in the Regional Fuel Tax Agreement on January 1, 
1991, and that continues to participate in that Agreement after that 
date.

Sec. 31706. Enforcement

    (a) Civil Actions.--On request of the Secretary of Transportation, 
the Attorney General may bring a civil action in a court of competent 
jurisdiction to enforce compliance with sections 31704 and 31705 of 
this title.
    (b) Venue.--An action under this section may be brought only in the 
State in which an order is required to enforce compliance.
    (c) Relief.--Subject to section 1341 of title 28, the court, on a 
proper showing--
        (1) shall issue a temporary restraining order or a preliminary 
    or permanent injunction; and
        (2) may require by the injunction that the State or any person 
    comply with sections 31704 and 31705 of this title.

Sec. 31707. Limitations on statutory construction

    Sections 31704 and 31705 of this title do not limit the amount of 
money a State may charge for registration of a commercial motor vehicle 
or the amount of any fuel use tax a State may impose.

Sec. 31708. Authorization of appropriations

    (a) General.--From amounts made available under section 31104 of 
this title, the Secretary of Transportation shall provide the following 
amounts for each of the fiscal years ending September 30, 1993-1997:
        (1) $1,000,000 for activities of the working group under 
    section 31702 of this title.
        (2) $5,000,000 for grants under section 31703 of this title.
    (b) Availability of Amounts.--Amounts appropriated under this 
section remain available until expended.

            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS

                          CHAPTER 321--GENERAL

Sec.
32101.  Definitions.
32102.  Authorization of appropriations.

Sec. 32101. Definitions

    In this part (except section 32304 and chapter 329)--
        (1) ``bumper standard'' means a minimum performance standard 
    that substantially reduces--
            (A) the damage to the front or rear end of a passenger 
        motor vehicle from a low-speed collision (including a collision 
        with a fixed barrier) or from towing the vehicle; or
            (B) the cost of repairing the damage.
        (2) ``insurer'' means a person in the business of issuing, or 
    reinsuring any part of, a passenger motor vehicle insurance policy.
        (3) ``interstate commerce'' means commerce between a place in a 
    State and--
            (A) a place in another State; or
            (B) another place in the same State through another State.
        (4) ``make'', when describing a passenger motor vehicle, means 
    the trade name of the manufacturer of the vehicle.
        (5) ``manufacturer'' means a person--
            (A) manufacturing or assembling passenger motor vehicles or 
        passenger motor vehicle equipment; or
            (B) importing motor vehicles or motor vehicle equipment for 
        resale.
        (6) ``model'', when describing a passenger motor vehicle, means 
    a category of passenger motor vehicles based on the size, style, 
    and type of a make of vehicle.
        (7) ``motor vehicle'' means a vehicle driven or drawn by 
    mechanical power and manufactured primarily for use on public 
    streets, roads, and highways, but does not include a vehicle 
    operated only on a rail line.
        (8) ``motor vehicle accident'' means an accident resulting from 
    the maintenance or operation of a passenger motor vehicle or 
    passenger motor vehicle equipment.
        (9) ``multipurpose passenger vehicle'' means a passenger motor 
    vehicle constructed on a truck chassis or with special features for 
    occasional off-road operation.
        (10) ``passenger motor vehicle'' means a motor vehicle with 
    motive power designed to carry not more than 12 individuals, but 
    does not include--
            (A) a motorcycle; or
            (B) a truck not designed primarily to carry its operator or 
        passengers.
        (11) ``passenger motor vehicle equipment'' means--
            (A) a system, part, or component of a passenger motor 
        vehicle as originally made;
            (B) a similar part or component made or sold for 
        replacement or improvement of a system, part, or component, or 
        as an accessory or addition to a passenger motor vehicle; or
            (C) a device made or sold for use in towing a passenger 
        motor vehicle.
        (12) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
    American Samoa, and the Virgin Islands.
        (13) ``United States district court'' means a district court of 
    the United States, a United States court for Guam, the Virgin 
    Islands, and American Samoa, and the district court for the 
    Northern Mariana Islands.

Sec. 32102. Authorization of appropriations

    The following amounts may be appropriated to the Secretary of 
Transportation for the National Highway Traffic Safety Administration 
to carry out this part:
        (1) $6,731,430 for the fiscal year ending September 30, 1993.
        (2) $6,987,224 for the fiscal year ending September 30, 1994.
        (3) $7,252,739 for the fiscal year ending September 30, 1995.

                   CHAPTER 323--CONSUMER INFORMATION

Sec.
32301.  Definitions.
32302.  Passenger motor vehicle information.
32303.  Insurance information.
32304.  Passenger motor vehicle country of origin labeling.
32305.  Information and assistance from other departments, agencies, and 
          instrumentalities.
32306.  Personnel.
32307.  Investigative powers.
32308.  General prohibitions, civil penalty, and enforcement.
32309.  Criminal penalty for labeling violations.

Sec. 32301. Definitions

    In this chapter--
        (1) ``crashworthiness'' means the protection a passenger motor 
    vehicle gives its passengers against personal injury or death from 
    a motor vehicle accident.
        (2) ``damage susceptibility'' means the susceptibility of a 
    passenger motor vehicle to damage in a motor vehicle accident.

Sec. 32302. Passenger motor vehicle information

    (a) Information Program.--The Secretary of Transportation shall 
maintain a program for developing the following information on 
passenger motor vehicles:
        (1) damage susceptibility.
        (2) crashworthiness.
        (3) the degree of difficulty of diagnosis and repair of damage 
    to, or failure of, mechanical and electrical systems.
        (4) vehicle operating costs dependent on the characteristics 
    referred to in clauses (1)-(3) of this subsection, including 
    insurance information obtained under section 32303 of this title.
    (b) Motor Vehicle Information.--To assist a consumer in buying a 
passenger motor vehicle, the Secretary shall provide to the public 
information developed under subsection (a) of this section. The 
information shall be in a simple and understandable form that allows 
comparison of the characteristics referred to in subsection (a)(1)-(3) 
of this section among the makes and models of passenger motor vehicles. 
The Secretary may require passenger motor vehicle dealers to distribute 
the information to prospective buyers.
    (c) Insurance Cost Information.--The Secretary shall prescribe 
regulations that require passenger motor vehicle dealers to distribute 
to prospective buyers information the Secretary develops and provides 
to the dealers that compares insurance costs for different makes and 
models of passenger motor vehicles based on damage susceptibility and 
crashworthiness.

Sec. 32303. Insurance information

    (a) General Reports and Information Requirements.--(1) In carrying 
out this chapter, the Secretary of Transportation may require an 
insurer, or a designated agent of the insurer, to make reports and 
provide the Secretary with information. The reports and information may 
include accident claim information by make, model, and model year of 
passenger motor vehicle about the kind and extent of--
        (A) physical damage and repair costs; and
        (B) personal injury.
    (2) In deciding which reports and information are to be provided 
under this subsection, the Secretary shall--
        (A) consider the cost of preparing and providing the reports 
    and information;
        (B) consider the extent to which the reports and information 
    will contribute to carrying out this chapter; and
        (C) consult with State authorities and public and private 
    agencies the Secretary considers appropriate.
    (3) To the extent possible, the Secretary shall obtain reports and 
information under this subsection on a voluntary basis.
    (b) Requested Information on Crashworthiness, Damage 
Susceptibility, and Repair and Personal Injury Cost.--When requested by 
the Secretary, an insurer shall give the Secretary information--
        (1) about the extent to which the insurance premiums charged by 
    the insurer are affected by damage susceptibility, crashworthiness, 
    and the cost of repair and personal injury, for each make and model 
    of passenger motor vehicle; and
        (2) available to the insurer about the effect of damage 
    susceptibility, crashworthiness, and the cost of repair and 
    personal injury for each make and model of passenger motor vehicle 
    on the risk incurred by the insurer in insuring that make and 
    model.
    (c) Disclosure.--In distributing information received under this 
section, the Secretary may disclose identifying information about a 
person that may be an insured, a claimant, a passenger, an owner, a 
witness, or an individual involved in a motor vehicle accident, only 
with the consent of the person.

Sec. 32304. Passenger motor vehicle country of origin labeling

    (a) Definitions.--In this section--
        (1) ``allied supplier'' means a supplier of passenger motor 
    vehicle equipment that is wholly owned by the manufacturer, or if a 
    joint venture vehicle assembly arrangement, a supplier that is 
    wholly owned by one member of the joint venture arrangement.
        (2)(A) ``carline''--
            (i) means a name given a group of passenger motor vehicles 
        that has a degree of commonality in construction such as body 
        and chassis;
            (ii) does not consider a level of decor or opulence; and
            (iii) except for light duty trucks, is not generally 
        distinguished by characteristics such as roof line, number of 
        doors, seats, or windows; and
        (B) light duty trucks are different carlines than passenger 
    motor vehicles.
        (3) ``country of origin'', when referring to the origin of an 
    engine or transmission, means the country from which the largest 
    share of the dollar value added to an engine or transmission has 
    originated--
            (A) with the United States and Canada treated as separate 
        countries; and
            (B) the estimate of the percentage of the dollar value 
        shall be based on the purchase price of direct materials, as 
        received at individual engine or transmission plants, of 
        engines of the same displacement and transmissions of the same 
        transmission type.
        (4) ``dealer'' means a person residing or located in the United 
    States, including the District of Columbia or a territory or 
    possession of the United States, and engaged in selling or 
    distributing new passenger motor vehicles to the ultimate 
    purchaser.
        (5) ``final assembly place'' means the plant, factory, or other 
    place at which a new passenger motor vehicle is produced or 
    assembled by a manufacturer, and from which the vehicle is 
    delivered to a dealer or importer with all component parts 
    necessary for the mechanical operation of the vehicle included with 
    the vehicle, whether or not the component parts are permanently 
    installed in or on the vehicle.
        (6) ``foreign content'' means passenger motor vehicle equipment 
    that is not of United States/Canadian origin.
        (7) ``manufacturer'' means a person--
            (A) engaged in manufacturing or assembling new passenger 
        motor vehicles;
            (B) importing new passenger motor vehicles for resale; or
            (C) acting for and under the control of such a 
        manufacturer, assembler, or importer in connection with the 
        distribution of new passenger motor vehicles.
        (8) ``new passenger motor vehicle'' means a passenger motor 
    vehicle for which a manufacturer, distributor, or dealer has never 
    transferred the equitable or legal title to the vehicle to an 
    ultimate purchaser.
        (9) ``of United States/Canadian origin'', when referring to 
    passenger motor vehicle equipment, means--
            (A) for an outside supplier, passenger motor vehicle 
        equipment whose purchase price contains at least 70 percent 
        value added in the United States and Canada; and
            (B) for an allied supplier, that part of the individual 
        passenger motor vehicle equipment whose purchase price the 
        manufacturer determines remains after subtracting the total of 
        the purchase prices of all material of foreign content 
        purchased from outside suppliers, with the determination of the 
        United States/Canadian origin or of the foreign content from 
        outside suppliers being consistent with subclause (A) of this 
        clause.
        (10) ``outside supplier'' means a supplier of passenger motor 
    vehicle equipment to a manufacturer's allied supplier, or a person 
    other than an allied supplier, who ships directly to the 
    manufacturer's final assembly place.
        (11) ``passenger motor vehicle'' means a motor vehicle with 
    motive power, manufactured primarily for use on public streets, 
    roads, and highways, and designed to carry not more than 12 
    individuals--
            (A) including a multipurpose vehicle or light duty truck 
        when the vehicle or truck is rated at not more than 8,500 
        pounds gross vehicle weight; but
            (B) not including--
                (i) a motorcycle;
                (ii) a truck not designed primarily to carry its 
            operator or passengers; or
                (iii) a vehicle operated only on a rail line.
        (12) ``passenger motor vehicle equipment''--
            (A) means a system, subassembly, or component received at 
        the final vehicle assembly place for installation on, or 
        attachment to, a passenger motor vehicle at the time of its 
        first shipment by the manufacturer to a dealer for sale to an 
        ultimate purchaser; but
            (B) does not include minor parts (including nuts, bolts, 
        clips, screws, pins, braces, and other attachment hardware) and 
        other similar items the Secretary of Transportation may 
        prescribe by regulation after consulting with manufacturers and 
        labor.
        (13) ``percentage (by value)'', when referring to passenger 
    motor vehicle equipment of United States/Canadian origin, means the 
    percentage remaining after subtracting the percentage (by value) of 
    passenger motor vehicle equipment that is not of United States/
    Canadian origin that will be installed or included on those 
    vehicles produced in a carline, from 100 percent--
            (A) with value being expressed in terms of the purchase 
        price; and
            (B) for outside suppliers and allied suppliers, the value 
        used is the purchase price of the equipment paid at the final 
        assembly place.
        (14) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, Guam, the Canal Zone, American Samoa, and 
    the Virgin Islands.
        (15) ``value added in the United States and Canada'' means a 
    percentage determined by subtracting the total purchase price of 
    foreign content from the total purchase price, and dividing the 
    remainder by the total purchase price, excluding costs incurred or 
    profits made at the final assembly place and beyond (including 
    advertising, assembly, labor, interest payments, and profits), with 
    the following groupings being used:
            (A) engines of same displacement produced at the same 
        plant.
            (B) transmissions of the same type produced at the same 
        plant.
    (b) Manufacturer Requirement.--(1) Each manufacturer of a new 
passenger motor vehicle manufactured after September 30, 1994, and 
distributed in commerce for sale in the United States, shall establish 
each year for each model year and cause to be attached in a prominent 
place on each of those vehicles, at least one label. The label shall 
contain the following information:
        (A) the percentage (by value) of passenger motor vehicle 
    equipment of United States/Canadian origin installed on vehicles in 
    the carline to which that vehicle belongs, identified by the words 
    ``U.S./Canadian content''.
        (B) the final assembly place for that vehicle by city, State 
    (where appropriate) and country.
        (C) if at least 15 percent (by value) of equipment installed on 
    passenger motor vehicles in a carline originated in any country 
    other than the United States and Canada, the names of at least the 
    2 countries in which the greatest amount (by value) of that 
    equipment originated and the percentage (by value) of the equipment 
    originating in each country.
        (D) the country of origin of the engine and the transmission 
    for each vehicle.
    (2) At the beginning of each model year, each manufacturer shall 
establish the percentages required for each carline to be indicated on 
the label under this subsection. Those percentages are applicable to 
that carline for the entire model year. A manufacturer may round those 
percentages to the nearest 5 percent.
    (3) A manufacturer complying with the requirement of paragraph 
(1)(B) of this subsection satisfies the disclosure requirement of 
section 3(b) of the Automobile Information Disclosure Act (15 U.S.C. 
1232(b)).
    (c) Dealer Requirement.--Each dealer engaged in the sale or 
distribution of a new passenger motor vehicle manufactured after 
September 30, 1994, shall cause to be maintained on that vehicle the 
label required to be attached to that vehicle under subsection (b) of 
this section.
    (d) Form and Content of Label.--The Secretary of Transportation 
shall prescribe by regulation the form and content of the label 
required under subsection (b) of this section and the manner and 
location in which the label is attached. The Secretary shall permit a 
manufacturer to comply with this section by allowing the manufacturer 
to disclose the information required under subsection (b)(1) on the 
label required by section 3 of the Automobile Information Disclosure 
Act (15 U.S.C. 1232), on the label required by section 32908 of this 
title, or on a separate label that is readily visible.
    (e) Regulations.--In consultation with the Secretaries of Commerce 
and the Treasury, the Secretary of Transportation shall prescribe 
regulations necessary to carry out this section, including regulations 
establishing a procedure to verify the label information required under 
subsection (b)(1) of this section. Those regulations shall provide the 
ultimate purchaser of a new passenger motor vehicle with the best and 
most understandable information possible about the foreign content and 
United States/Canadian origin of the equipment of the vehicles without 
imposing costly and unnecessary burdens on the manufacturers. The 
Secretary of Transportation shall prescribe the regulations promptly to 
provide adequate lead time for each manufacturer to comply with this 
section. The regulations shall include provisions applicable to outside 
suppliers and allied suppliers to require those suppliers to certify 
whether passenger motor vehicle equipment provided by those suppliers 
is of United States origin, of United States/Canadian origin, or of 
foreign content and to provide other information the Secretary of 
Transportation decides is necessary to allow each manufacturer to 
comply reasonably with this section and to rely on that certification 
and information.
    (f) Preemption.--(1) When a label content requirement prescribed 
under this section is in effect, a State or a political subdivision of 
a State may not adopt or enforce a law or regulation related to the 
content of vehicles covered by a requirement under this section.
    (2) A State or a political subdivision of a State may prescribe 
requirements related to the content of passenger motor vehicles 
obtained for its own use.

Sec. 32305. Information and assistance from other departments, 
            agencies, and instrumentalities

    (a) Authority To Request.--The Secretary of Transportation may 
request information necessary to carry out this chapter from a 
department, agency, or instrumentality of the United States Government. 
The head of the department, agency, or instrumentality shall provide 
the information.
    (b) Detailing Personnel.--The head of a department, agency, or 
instrumentality may detail, on a reimbursable basis, personnel to 
assist the Secretary in carrying out this chapter.

Sec. 32306. Personnel

    (a) General Authority.--In carrying out this chapter, the Secretary 
of Transportation may--
        (1) appoint and fix the pay of employees without regard to the 
    provisions of title 5 governing appointment in the competitive 
    service and chapter 51 and subchapter III of chapter 53 of title 5; 
    and
        (2) make contracts with persons for research and preparation of 
    reports.
    (b) Status of Advisory Committee Members.--A member of an advisory 
committee appointed under section 325 of this title to carry out this 
chapter is a special United States Government employee under chapter 11 
of title 18.

Sec. 32307. Investigative powers

    (a) General Authority.--In carrying out this chapter, the Secretary 
of Transportation may--
        (1) inspect and copy records of any person at reasonable times;
        (2) order a person to file written reports or answers to 
    specific questions, including reports or answers under oath; and
        (3) conduct hearings, administer oaths, take testimony, and 
    require (by subpena or otherwise) the appearance and testimony of 
    witnesses and the production of records the Secretary considers 
    advisable.
    (b) Witness Fees and Mileage.--A witness summoned under subsection 
(a) of this section is entitled to the same fee and mileage the witness 
would have been paid in a court of the United States.
    (c) Civil Actions To Enforce.--A civil action to enforce a subpena 
or order of the Secretary under subsection (a) of this section may be 
brought in the United States district court for the judicial district 
in which the proceeding by the Secretary is conducted. The court may 
punish a failure to obey an order of the court to comply with the 
subpena or order of the Secretary as a contempt of court.
    (d) Confidentiality of Information.--Information obtained by the 
Secretary under this section related to a confidential matter referred 
to in section 1905 of title 18 may be disclosed only to another officer 
or employee of the United States Government for use in carrying out 
this chapter. This subsection does not authorize information to be 
withheld from a committee of Congress authorized to have the 
information.

Sec. 32308. General prohibitions, civil penalty, and enforcement

    (a) Prohibitions.--A person may not--
        (1) fail to provide the Secretary of Transportation with 
    information requested by the Secretary in carrying out this 
    chapter; or
        (2) fail to comply with applicable regulations prescribed by 
    the Secretary in carrying out this chapter.
    (b) Civil Penalty.--(1) A person that violates subsection (a) of 
this section is liable to the United States Government for a civil 
penalty of not more than $1,000 for each violation. Each failure to 
provide information or comply with a regulation in violation of 
subsection (a) is a separate violation. The maximum penalty under this 
subsection for a related series of violations is $400,000.
    (2) The Secretary may compromise the amount of a civil penalty 
imposed under this section.
    (3) In determining the amount of a penalty or compromise, the 
appropriateness of the penalty or compromise to the size of the 
business of the person charged and the gravity of the violation shall 
be considered.
    (4) The Government may deduct the amount of a civil penalty imposed 
or compromised under this section from amounts it owes the person 
liable for the penalty.
    (c) Civil Actions To Enforce.--(1) The Attorney General may bring a 
civil action in a United States district court to enjoin a violation of 
subsection (a) of this section.
    (2) When practicable, the Secretary shall--
        (A) notify a person against whom an action under this 
    subsection is planned;
        (B) give the person an opportunity to present that person's 
    views; and
        (C) give the person a reasonable opportunity to comply.
    (3) The failure of the Secretary to comply with paragraph (2) of 
this subsection does not prevent a court from granting appropriate 
relief.
    (d) Venue and Service.--A civil action under this section may be 
brought in the judicial district in which the violation occurred or the 
defendant is found, resides, or does business. Process in the action 
may be served in any other judicial district in which the defendant 
resides or is found. A subpena for a witness in the action may be 
served in any judicial district.

Sec. 32309. Criminal penalty for labeling violations

    (a) Definitions.--The definitions in section 32304 of this title 
apply to this section.
    (b) Penalties.--A manufacturer of a passenger motor vehicle 
distributed in commerce for sale in the United States that willfully 
fails to attach the label required under section 32304 of this title to 
a new passenger motor vehicle that the manufacturer manufactures or 
imports, or a dealer that fails to maintain that label as required 
under section 32304, is liable to the United States Government for a 
civil penalty of not more than $1,000 for each violation. Each failure 
to attach or maintain that label for each vehicle is a separate 
violation.

                     CHAPTER 325--BUMPER STANDARDS

Sec.
32501.  Purpose.
32502.  Bumper standards.
32503.  Judicial review of bumper standards.
32504.  Certificates of compliance.
32505.  Information and compliance requirements.
32506.  Prohibited acts.
32507.  Penalties and enforcement.
32508.  Civil actions by owners of passenger motor vehicles.
32509.  Information and assistance from other departments, agencies, and 
          instrumentalities.
32510.  Annual report.
32511.  Relationship to other motor vehicle standards.

Sec. 32501. Purpose

    The purpose of this chapter is to reduce economic loss resulting 
from damage to passenger motor vehicles involved in motor vehicle 
accidents by providing for the maintenance and enforcement of bumper 
standards.

Sec. 32502. Bumper standards

    (a) General Requirements and Nonapplication.--The Secretary of 
Transportation shall prescribe by regulation bumper standards for 
passenger motor vehicles and may prescribe by regulation bumper 
standards for passenger motor vehicle equipment manufactured in, or 
imported into, the United States. A standard does not apply to a 
passenger motor vehicle or passenger motor vehicle equipment--
        (1) intended only for export;
        (2) labeled for export on the vehicle or equipment and the 
    outside of any container of the vehicle or equipment; and
        (3) exported.
    (b) Limitations.--A standard under this section--
        (1) may not conflict with a motor vehicle safety standard 
    prescribed under chapter 301 of this title;
        (2) may not specify a dollar amount for the cost of repairing 
    damage to a passenger motor vehicle; and
        (3) to the greatest practicable extent, may not preclude the 
    attachment of a detachable hitch.
    (c) Exemptions.--For good cause, the Secretary may exempt from any 
part of a standard--
        (1) a multipurpose passenger vehicle; or
        (2) a make, model, or class of a passenger motor vehicle 
    manufactured for a special use, if the standard would interfere 
    unreasonably with the special use of the vehicle.
    (d) Cost Reduction and Considerations.--When prescribing a standard 
under this section, the Secretary shall design the standard to obtain 
the maximum feasible reduction of costs to the public, considering--
        (1) the costs and benefits of carrying out the standard;
        (2) the effect of the standard on insurance costs and legal 
    fees and costs;
        (3) savings in consumer time and inconvenience; and
        (4) health and safety, including emission standards.
    (e) Procedures.--Section 553 of title 5 applies to a standard 
prescribed under this section. However, the Secretary shall give an 
interested person an opportunity to make oral and written presentations 
of information, views, and arguments. A transcript of each oral 
presentation shall be kept. Under conditions prescribed by the 
Secretary, the Secretary may conduct a hearing to resolve an issue of 
fact material to a standard.
    (f) Effective Date.--The Secretary shall prescribe an effective 
date for a standard under this section. That date may not be earlier 
than the date the standard is prescribed nor later than 18 months after 
the date the standard is prescribed. However, the Secretary may 
prescribe a later date when the Secretary submits to Congress and 
publishes the reasons for the later date. A standard only applies to a 
passenger motor vehicle or passenger motor vehicle equipment 
manufactured on or after the effective date.
    (g) Research.--The Secretary shall conduct research necessary to 
carry out this chapter.

Sec. 32503. Judicial review of bumper standards

    (a) Filing and Venue.--A person that may be adversely affected by a 
standard prescribed under section 32502 of this title may apply for 
review of the standard by filing a petition for review in the United 
States Court of Appeals for the District of Columbia Circuit or in the 
court of appeals of the United States for the circuit in which the 
person resides or has its principal place of business. The petition 
must be filed not later than 59 days after the standard is prescribed.
    (b) Notifying Secretary.--The clerk of the court shall send 
immediately a copy of the petition to the Secretary of Transportation. 
The Secretary shall file with the court a record of the proceeding in 
which the standard was prescribed.
    (c) Additional Proceedings.--(1) On request of the petitioner, the 
court may order the Secretary to receive additional evidence and 
evidence in rebuttal if the court is satisfied the additional evidence 
is material and there were reasonable grounds for not presenting the 
evidence in the proceeding before the Secretary.
    (2) The Secretary may modify findings of fact or make new findings 
because of the additional evidence presented. The Secretary shall file 
a modified or new finding, a recommendation to modify or set aside a 
standard, and the additional evidence with the court.
    (d) Supreme Court Review and Additional Remedies.--A judgment of a 
court under this section may be reviewed only by the Supreme Court 
under section 1254 of title 28. A remedy under this section is in 
addition to any other remedies provided by law.

Sec. 32504. Certificates of compliance

    Under regulations prescribed by the Secretary of Transportation, a 
manufacturer or distributor of a passenger motor vehicle or passenger 
motor vehicle equipment subject to a standard prescribed under section 
32502 of this title shall give the distributor or dealer at the time of 
delivery a certificate that the vehicle or equipment complies with the 
standard.

Sec. 32505. Information and compliance requirements

    (a) General Authority.--(1) To enable the Secretary of 
Transportation to decide whether a manufacturer of passenger motor 
vehicles or passenger motor vehicle equipment is complying with this 
chapter and standards prescribed under this chapter, the Secretary may 
require the manufacturer to--
        (A) keep records;
        (B) make reports;
        (C) provide items and information, including vehicles and 
    equipment for testing at a negotiated price not more than the 
    manufacturer's cost; and
        (D) allow an officer or employee designated by the Secretary to 
    inspect vehicles and relevant records of the manufacturer.
    (2) To enforce this chapter, an officer or employee designated by 
the Secretary, on presenting appropriate credentials and a written 
notice to the owner, operator, or agent in charge, may inspect a 
facility in which passenger motor vehicles or passenger motor vehicle 
equipment is manufactured, held for introduction in interstate 
commerce, or held for sale after introduction in interstate commerce. 
An inspection shall be conducted at a reasonable time, in a reasonable 
way, and with reasonable promptness.
    (b) Powers of Secretary and Civil Actions To Enforce.--(1) In 
carrying out this chapter, the Secretary may--
        (A) inspect and copy records of any person at reasonable times;
        (B) order a person to file written reports or answers to 
    specific questions, including reports or answers under oath; and
        (C) conduct hearings, administer oaths, take testimony, and 
    require (by subpena or otherwise) the appearance and testimony of 
    witnesses and the production of records the Secretary considers 
    advisable.
    (2) A witness summoned under this subsection is entitled to the 
same fee and mileage the witness would have been paid in a court of the 
United States.
    (3) A civil action to enforce a subpena or order of the Secretary 
under this subsection may be brought in the United States district 
court for the judicial district in which the proceeding by the 
Secretary was conducted. The court may punish a failure to obey an 
order of the court to comply with the subpena or order of the Secretary 
as a contempt of court.
    (c) Confidentiality of Information.--(1) Information obtained by 
the Secretary under this chapter related to a confidential matter 
referred to in section 1905 of title 18 may be disclosed only--
        (A) to another officer or employee of the United States 
    Government for use in carrying out this chapter; or
        (B) in a proceeding under this chapter.
    (2) This subsection does not authorize information to be withheld 
from a committee of Congress authorized to have the information.
    (3) Subject to paragraph (1) of this subsection, the Secretary, on 
request, shall make available to the public at cost information the 
Secretary submits or receives in carrying out this chapter.

Sec. 32506. Prohibited acts

    (a) General.--Except as provided in this section, a person may 
not--
        (1) manufacture for sale, sell, offer for sale, introduce or 
    deliver for introduction in interstate commerce, or import into the 
    United States, a passenger motor vehicle or passenger motor vehicle 
    equipment manufactured on or after the date an applicable standard 
    under section 32502 of this title takes effect, unless it conforms 
    to the standard;
        (2) fail to comply with an applicable regulation prescribed by 
    the Secretary of Transportation under this chapter;
        (3) fail to keep records, refuse access to or copying of 
    records, fail to make reports or provide items or information, or 
    fail or refuse to allow entry or inspection, as required by this 
    chapter or a regulation prescribed under this chapter; or
        (4) fail to provide the certificate required by section 32504 
    of this title, or provide a certificate that the person knows, or 
    in the exercise of reasonable care has reason to know, is false or 
    misleading in a material respect.
    (b) Nonapplication.--Subsection (a)(1) of this section does not 
apply to--
        (1) the sale, offer for sale, or introduction or delivery for 
    introduction in interstate commerce of a passenger motor vehicle or 
    passenger motor vehicle equipment after the first purchase of the 
    vehicle or equipment in good faith other than for resale (but this 
    clause does not prohibit a standard from requiring that a vehicle 
    or equipment be manufactured to comply with the standard over a 
    specified period of operation or use); or
        (2) a person--
            (A) establishing that the person had no reason to know, by 
        exercising reasonable care, that the vehicle or equipment does 
        not comply with the standard; or
            (B) holding, without knowing about a noncompliance and 
        before that first purchase, a certificate issued under section 
        32504 of this title stating that the vehicle or equipment 
        complies with the standard.
    (c) Importing Noncomplying Vehicles and Equipment.--(1) The 
Secretaries of Transportation and the Treasury may prescribe joint 
regulations authorizing a passenger motor vehicle or passenger motor 
vehicle equipment not complying with a standard prescribed under 
section 32502 of this title to be imported into the United States 
subject to conditions (including providing a bond) the Secretaries 
consider appropriate to ensure that the vehicle or equipment will--
        (A) comply, after importation, with the standards prescribed 
    under section 32502 of this title;
        (B) be exported; or
        (C) be abandoned to the United States Government.
    (2) The Secretaries may prescribe joint regulations that allow a 
passenger motor vehicle or passenger motor vehicle equipment to be 
imported into the United States after the first purchase in good faith 
other than for resale.
    (d) Liability Under Other Law.--Compliance with a standard under 
this chapter does not exempt a person from liability provided by law.

Sec. 32507. Penalties and enforcement

    (a) Civil Penalty.--(1) A person that violates section 32506(a) of 
this title is liable to the United States Government for a civil 
penalty of not more than $1,000 for each violation. A separate 
violation occurs for each passenger motor vehicle or item of passenger 
motor vehicle equipment involved in a violation of section 32506(a)(1) 
or (4) of this title--
        (A) that does not comply with a standard prescribed under 
    section 32502 of this title; or
        (B) for which a certificate is not provided, or for which a 
    false or misleading certificate is provided, under section 32504 of 
    this title.
    (2) The maximum civil penalty under this subsection for a related 
series of violations is $800,000.
    (3) The Secretary of Transportation imposes a civil penalty under 
this subsection. The Attorney General or the Secretary, with the 
concurrence of the Attorney General, shall bring a civil action in a 
United States district court to collect the penalty.
    (b) Criminal Penalty.--A person knowingly and willfully violating 
section 32506(a)(1) of this title after receiving a notice of 
noncompliance from the Secretary shall be fined under title 18, 
imprisoned for not more than one year, or both. If the person is a 
corporation, the penalties of this subsection also apply to a director, 
officer, or individual agent of the corporation who, with knowledge of 
the Secretary's notice, knowingly and willfully authorizes, orders, or 
performs an act that is any part of the violation.
    (c) Civil Actions To Enforce.--(1) The Secretary or the Attorney 
General may bring a civil action in a United States district court to 
enjoin a violation of this chapter or the sale, offer for sale, 
introduction or delivery for introduction in interstate commerce, or 
importation into the United States, of a passenger motor vehicle or 
passenger motor vehicle equipment that is found, before the first 
purchase in good faith other than for resale, not to comply with a 
standard prescribed under section 32502 of this title.
    (2) When practicable, the Secretary shall--
        (A) notify a person against whom an action under this 
    subsection is planned;
        (B) give the person an opportunity to present that person's 
    views; and
        (C) except for a knowing and willful violation, give the person 
    a reasonable opportunity to comply.
    (3) The failure of the Secretary to comply with paragraph (2) of 
this subsection does not prevent a court from granting appropriate 
relief.
    (d) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under subsection 
(c) of this section, the violation of which is also a violation of this 
chapter, the defendant may demand a jury trial. The defendant shall be 
tried as provided in rule 42(b) of the Federal Rules of Criminal 
Procedure (18 App. U.S.C.).
    (e) Venue.--A civil action under subsection (a) or (c) of this 
section may be brought in the judicial district in which the violation 
occurred or the defendant is found, resides, or does business. Process 
in the action may be served in any other judicial district in which the 
defendant resides or is found. A subpena for a witness in the action 
may be served in any judicial district.

Sec. 32508. Civil actions by owners of passenger motor vehicles

    When an owner of a passenger motor vehicle sustains damages as a 
result of a motor vehicle accident because the vehicle did not comply 
with a standard prescribed under section 32502 of this title, the owner 
may bring a civil action against the manufacturer to recover the 
damages. The action may be brought in the United States District Court 
for the District of Columbia or in the United States district court for 
the judicial district in which the owner resides. The action must be 
brought not later than 3 years after the date of the accident. The 
court shall award costs and a reasonable attorney's fee to the owner 
when a judgment is entered for the owner.

Sec. 32509. Information and assistance from other departments, 
            agencies, and instrumentalities

    (a) General Authority.--The Secretary of Transportation may request 
information necessary to carry out this chapter from a department, 
agency, or instrumentality of the United States Government. The head of 
the department, agency, or instrumentality shall provide the 
information.
    (b) Detailing Personnel.--The head of a department, agency, or 
instrumentality may detail, on a reimbursable basis, personnel to 
assist the Secretary in carrying out this chapter.

Sec. 32510. Annual report

    Not later than March 31 of each year, the Secretary of 
Transportation shall submit to Congress and the President a report on 
the progress in carrying out section 32501 of this title. The report 
shall include--
        (1) a statement of the cost savings resulting from carrying out 
    this chapter; and
        (2) recommendations for legislative or other action the 
    Secretary decides may be appropriate.

Sec. 32511. Relationship to other motor vehicle standards

    (a) Preemption.--Except as provided in this section, a State or a 
political subdivision of a State may prescribe or enforce a bumper 
standard for a passenger motor vehicle or passenger motor vehicle 
equipment only if the standard is identical to a standard prescribed 
under section 32502 of this title.
    (b) Enforcement.--This chapter and chapter 301 of this title do not 
affect the authority of a State to enforce a bumper standard about an 
aspect of performance of a passenger motor vehicle or passenger motor 
vehicle equipment not covered by a standard prescribed under section 
32502 of this title if the State bumper standard--
        (1) does not conflict with a standard prescribed under chapter 
    301 of this title; and
        (2) was in effect or prescribed by the State on October 20, 
    1972.
    (c) Additional and Higher Standards of Performance.--The United 
States Government, a State, or a political subdivision of a State may 
prescribe a bumper standard for a passenger motor vehicle or passenger 
motor vehicle equipment obtained for its own use that imposes 
additional or higher standards of performance than a standard 
prescribed under section 32502 of this title.

                         CHAPTER 327--ODOMETERS

Sec.
32701.  Findings and purposes.
32702.  Definitions.
32703.  Preventing tampering.
32704.  Service, repair, and replacement.
32705.  Disclosure requirements on transfer of motor vehicles.
32706.  Inspections, investigations, and records.
32707.  Administrative warrants.
32708.  Confidentiality of information.
32709.  Penalties and enforcement.
32710.  Civil actions by private persons.
32711.  Relationship to State law.

Sec. 32701. Findings and purposes

    (a) Findings.--Congress finds that--
        (1) buyers of motor vehicles rely heavily on the odometer 
    reading as an index of the condition and value of a vehicle;
        (2) buyers are entitled to rely on the odometer reading as an 
    accurate indication of the mileage of the vehicle;
        (3) an accurate indication of the mileage assists a buyer in 
    deciding on the safety and reliability of the vehicle; and
        (4) motor vehicles move in, or affect, interstate and foreign 
    commerce.
    (b) Purposes.--The purposes of this chapter are--
        (1) to prohibit tampering with motor vehicle odometers; and
        (2) to provide safeguards to protect purchasers in the sale of 
    motor vehicles with altered or reset odometers.

Sec. 32702. Definitions

    In this chapter--
        (1) ``auction company'' means a person taking possession of a 
    motor vehicle owned by another to sell at an auction.
        (2) ``dealer'' means a person that sold at least 5 motor 
    vehicles during the prior 12 months to buyers that in good faith 
    bought the vehicles other than for resale.
        (3) ``distributor'' means a person that sold at least 5 motor 
    vehicles during the prior 12 months for resale.
        (4) ``leased motor vehicle'' means a motor vehicle leased to a 
    person for at least 4 months by a lessor that leased at least 5 
    vehicles during the prior 12 months.
        (5) ``odometer'' means an instrument for measuring and 
    recording the distance a motor vehicle is driven, but does not 
    include an auxiliary instrument designed to be reset by the 
    operator of the vehicle to record mileage of a trip.
        (6) ``repair'' and ``replace'' mean to restore to a sound 
    working condition by replacing any part of an odometer or by 
    correcting any inoperative part of an odometer.
        (7) ``title'' means the certificate of title or other document 
    issued by the State indicating ownership.
        (8) ``transfer'' means to change ownership by sale, gift, or 
    other means.

Sec. 32703. Preventing tampering

    A person may not--
        (1) advertise for sale, sell, use, install, or have installed, 
    a device that makes an odometer of a motor vehicle register a 
    mileage different from the mileage the vehicle was driven, as 
    registered by the odometer within the designed tolerance of the 
    manufacturer of the odometer;
        (2) disconnect, reset, alter, or have disconnected, reset, or 
    altered, an odometer of a motor vehicle intending to change the 
    mileage registered by the odometer;
        (3) with intent to defraud, operate a motor vehicle on a public 
    street, road, or highway if the person knows that the odometer of 
    the vehicle is disconnected or not operating; or
        (4) conspire to violate this section or section 32704 or 32705 
    of this title.

Sec. 32704. Service, repair, and replacement

    (a) Adjusting Mileage.--A person may service, repair, or replace an 
odometer of a motor vehicle if the mileage registered by the odometer 
remains the same as before the service, repair, or replacement. If the 
mileage cannot remain the same--
        (1) the person shall adjust the odometer to read zero; and
        (2) the owner of the vehicle or agent of the owner shall attach 
    a written notice to the left door frame of the vehicle specifying 
    the mileage before the service, repair, or replacement and the date 
    of the service, repair, or replacement.
    (b) Removing or Altering Notice.--A person may not, with intent to 
defraud, remove or alter a notice attached to a motor vehicle as 
required by this section.

Sec. 32705. Disclosure requirements on transfer of motor vehicles

    (a) Written Disclosure Requirements.--(1) Under regulations 
prescribed by the Secretary of Transportation, a person transferring 
ownership of a motor vehicle shall give the transferee a written 
disclosure--
        (A) of the cumulative mileage registered by the odometer; or
        (B) that the mileage is unknown if the transferor knows that 
    the mileage registered by the odometer is incorrect.
    (2) A person making a written disclosure required by a regulation 
prescribed under paragraph (1) of this subsection may not make a false 
statement in the disclosure.
    (3) A person acquiring a motor vehicle for resale may accept a 
disclosure under this section only if it is complete.
    (4) The regulations prescribed by the Secretary shall provide the 
way in which information is disclosed and retained under this section.
    (b) Mileage Statement Requirement for Licensing.--(1) A motor 
vehicle the ownership of which is transferred may not be licensed for 
use in a State unless the transferee, in submitting an application to a 
State for the title on which the license will be issued, includes with 
the application the transferor's title and, if that title contains the 
space referred to in paragraph (3)(A)(iii) of this subsection, a 
statement, signed and dated by the transferor, of the mileage 
disclosure required under subsection (a) of this section. This 
paragraph does not apply to a transfer of ownership of a motor vehicle 
that has not been licensed before the transfer.
    (2)(A) Under regulations prescribed by the Secretary, if the title 
to a motor vehicle issued to a transferor by a State is in the 
possession of a lienholder when the transferor transfers ownership of 
the vehicle, the transferor may use a written power of attorney (if 
allowed by State law) in making the mileage disclosure required under 
subsection (a) of this section. Regulations prescribed under this 
paragraph--
        (i) shall prescribe the form of the power of attorney;
        (ii) shall provide that the form be printed by means of a 
    secure printing process (or other secure process);
        (iii) shall provide that the State issue the form to the 
    transferee;
        (iv) shall provide that the person exercising the power of 
    attorney retain a copy and submit the original to the State with a 
    copy of the title showing the restatement of the mileage;
        (v) may require that the State retain the power of attorney and 
    the copy of the title for an appropriate period or that the State 
    adopt alternative measures consistent with section 32701(b) of this 
    title, after considering the costs to the State;
        (vi) shall ensure that the mileage at the time of transfer be 
    disclosed on the power of attorney document;
        (vii) shall ensure that the mileage be restated exactly by the 
    person exercising the power of attorney in the space referred to in 
    paragraph (3)(A)(iii) of this subsection;
        (viii) may not require that a motor vehicle be titled in the 
    State in which the power of attorney was issued;
        (ix) shall consider the need to facilitate normal commercial 
    transactions in the sale or exchange of motor vehicles; and
        (x) shall provide other conditions the Secretary considers 
    appropriate.
    (B) Section 32709(a) and (b) applies to a person granting or 
granted a power of attorney under this paragraph.
    (3)(A) A motor vehicle the ownership of which is transferred may be 
licensed for use in a State only if the title issued by the State to 
the transferee--
        (i) is produced by means of a secure printing process (or other 
    secure process);
        (ii) indicates the mileage disclosure required to be made under 
    subsection (a) of this section; and
        (iii) contains a space for the transferee to disclose the 
    mileage at the time of a future transfer and to sign and date the 
    disclosure.
    (B) Subparagraph (A) of this paragraph does not require a State to 
verify, or preclude a State from verifying, the mileage information 
contained in the title.
    (c) Leased Motor Vehicles.--(1) For a leased motor vehicle, the 
regulations prescribed under subsection (a) of this section shall 
require written disclosure about mileage to be made by the lessee to 
the lessor when the lessor transfers ownership of that vehicle.
    (2) Under those regulations, the lessor shall provide written 
notice to the lessee of--
        (A) the mileage disclosure requirements of subsection (a) of 
    this section; and
        (B) the penalties for failure to comply with those 
    requirements.
    (3) The lessor shall retain the disclosures made by a lessee under 
paragraph (1) of this subsection for at least 4 years following the 
date the lessor transfers the leased motor vehicle.
    (4) If the lessor transfers ownership of a leased motor vehicle 
without obtaining possession of the vehicle, the lessor, in making the 
disclosure required by subsection (a) of this section, may indicate on 
the title the mileage disclosed by the lessee under paragraph (1) of 
this subsection unless the lessor has reason to believe that the 
disclosure by the lessee does not reflect the actual mileage of the 
vehicle.
    (d) State Alternate Vehicle Mileage Disclosure Requirements.--The 
requirements of subsections (b) and (c)(1) of this section on the 
disclosure of motor vehicle mileage when motor vehicles are transferred 
or leased apply in a State unless the State has in effect alternate 
motor vehicle mileage disclosure requirements approved by the 
Secretary. The Secretary shall approve alternate motor vehicle mileage 
disclosure requirements submitted by a State unless the Secretary 
decides that the requirements are not consistent with the purpose of 
the disclosure required by subsection (b) or (c), as the case may be.
    (e) Auction Sales.--If a motor vehicle is sold at an auction, the 
auction company conducting the auction shall maintain the following 
records for at least 4 years after the date of the sale:
        (1) the name of the most recent owner of the motor vehicle 
    (except the auction company) and the name of the buyer of the motor 
    vehicle.
        (2) the vehicle identification number required under chapter 
    301 or 331 of this title.
        (3) the odometer reading on the date the auction company took 
    possession of the motor vehicle.
    (f) Application and Revision of State Law.--(1) Except as provided 
in paragraph (2) of this subsection, subsections (b)-(e) of this 
section apply to the transfer of a motor vehicle after April 28, 1989.
    (2) If a State requests, the Secretary shall assist the State in 
revising its laws to comply with subsection (b) of this section. If a 
State requires time beyond April 28, 1989, to revise its laws to 
achieve compliance, the Secretary, on request of the State, may grant 
additional time that the Secretary considers reasonable by publishing a 
notice in the Federal Register. The notice shall include the reasons 
for granting the additional time. In granting additional time, the 
Secretary shall ensure that the State is making reasonable efforts to 
achieve compliance.

Sec. 32706. Inspections, investigations, and records

    (a) Authority To Inspect and Investigate.--Subject to section 32707 
of this title, the Secretary of Transportation may conduct an 
inspection or investigation necessary to carry out this chapter or a 
regulation prescribed or order issued under this chapter. The Secretary 
shall cooperate with State and local officials to the greatest extent 
possible in conducting an inspection or investigation. The Secretary 
may give the Attorney General information about a violation of this 
chapter or a regulation prescribed or order issued under this chapter.
    (b) Entry, Inspection, and Impoundment.--(1) In carrying out 
subsection (a) of this section, an officer or employee designated by 
the Secretary, on display of proper credentials and written notice to 
the owner, operator, or agent in charge, may--
        (A) enter and inspect commercial premises in which a motor 
    vehicle or motor vehicle equipment is manufactured, held for 
    shipment or sale, maintained, or repaired;
        (B) enter and inspect noncommercial premises in which the 
    Secretary reasonably believes there is a motor vehicle or motor 
    vehicle equipment that is an object of a violation of this chapter;
        (C) inspect that motor vehicle or motor vehicle equipment; and
        (D) impound for not more than 72 hours for inspection a motor 
    vehicle or motor vehicle equipment that the Secretary reasonably 
    believes is an object of a violation of this chapter.
    (2) An inspection or impoundment under this subsection shall be 
conducted at a reasonable time, in a reasonable way, and with 
reasonable promptness. The written notice may consist of a warrant 
issued under section 32707 of this title.
    (c) Reasonable Compensation.--When the Secretary impounds for 
inspection a motor vehicle (except a vehicle subject to subchapter II 
of chapter 105 of this title) or motor vehicle equipment under 
subsection (b)(1)(D) of this section, the Secretary shall pay 
reasonable compensation to the owner of the vehicle or equipment if the 
inspection or impoundment results in denial of use, or reduction in 
value, of the vehicle or equipment.
    (d) Records and Information Requirements.--(1) To enable the 
Secretary to decide whether a dealer or distributor is complying with 
this chapter and regulations prescribed and orders issued under this 
chapter, the Secretary may require the dealer or distributor--
        (A) to keep records;
        (B) to provide information from those records if the Secretary 
    states the purpose for requiring the information and identifies the 
    information to the fullest extent practicable; and
        (C) to allow an officer or employee designated by the Secretary 
    to inspect relevant records of the dealer or distributor.
    (2) This subsection and subsection (e)(1)(B) of this section do not 
authorize the Secretary to require a dealer or distributor to provide 
information on a regular periodic basis.
    (e) Administrative Authority and Civil Actions To Enforce.--(1) In 
carrying out this chapter, the Secretary may--
        (A) inspect and copy records of any person at reasonable times;
        (B) order a person to file written reports or answers to 
    specific questions, including reports or answers under oath; and
        (C) conduct hearings, administer oaths, take testimony, and 
    require (by subpena or otherwise) the appearance and testimony of 
    witnesses and the production of records the Secretary considers 
    advisable.
    (2) A witness summoned under this subsection is entitled to the 
same fee and mileage the witness would have been paid in a court of the 
United States.
    (3) A civil action to enforce a subpena or order of the Secretary 
under this subsection may be brought in the United States district 
court for the judicial district in which the proceeding by the 
Secretary was conducted. The court may punish a failure to obey an 
order of the court to comply with the subpena or order of the Secretary 
as a contempt of court.
    (f) Prohibitions.--A person may not fail to keep records, refuse 
access to or copying of records, fail to make reports or provide 
information, fail to allow entry or inspection, or fail to permit 
impoundment, as required under this section.

Sec. 32707. Administrative warrants

    (a) Definition.--In this section, ``probable cause'' means a valid 
public interest in the effective enforcement of this chapter or a 
regulation prescribed under this chapter sufficient to justify the 
inspection or impoundment in the circumstances stated in an application 
for a warrant under this section.
    (b) Warrant Requirement and Issuance.--(1) Except as provided in 
paragraph (4) of this subsection, an inspection or impoundment under 
section 32706 of this title may be carried out only after a warrant is 
obtained.
    (2) A judge of a court of the United States or a State court of 
record or a United States magistrate may issue a warrant for an 
inspection or impoundment under section 32706 of this title within the 
territorial jurisdiction of the court or magistrate. The warrant must 
be based on an affidavit that--
        (A) establishes probable cause to issue the warrant; and
        (B) is sworn to before the judge or magistrate by an officer or 
    employee who knows the facts alleged in the affidavit.
    (3) The judge or magistrate shall issue the warrant when the judge 
or magistrate decides there is a reasonable basis for believing that 
probable cause exists to issue the warrant. The warrant must--
        (A) identify the premises, property, or motor vehicle to be 
    inspected and the items or type of property to be impounded;
        (B) state the purpose of the inspection, the basis for issuing 
    the warrant, and the name of the affiant;
        (C) direct an individual authorized under section 32706 of this 
    title to inspect the premises, property, or vehicle for the purpose 
    stated in the warrant and, when appropriate, to impound the 
    property specified in the warrant;
        (D) direct that the warrant be served during the hours 
    specified in the warrant; and
        (E) name the judge or magistrate with whom proof of service is 
    to be filed.
    (4) A warrant under this section is not required when--
        (A) the owner, operator, or agent in charge of the premises 
    consents;
        (B) it is reasonable to believe that the mobility of the motor 
    vehicle to be inspected makes it impractical to obtain a warrant;
        (C) an application for a warrant cannot be made because of an 
    emergency;
        (D) records are to be inspected and copied under section 
    32706(e)(1)(A) of this title; or
        (E) a warrant is not constitutionally required.
    (c) Service and Impoundment of Property.--(1) A warrant issued 
under this section must be served and proof of service filed not later 
than 10 days after its issuance date. The judge or magistrate may allow 
additional time in the warrant if the Secretary of Transportation 
demonstrates a need for additional time. Proof of service must be filed 
promptly with a written inventory of the property impounded under the 
warrant. The inventory shall be made in the presence of the individual 
serving the warrant and the individual from whose possession or 
premises the property was impounded, or if that individual is not 
present, a credible individual except the individual making the 
inventory. The individual serving the warrant shall verify the 
inventory. On request, the judge or magistrate shall send a copy of the 
inventory to the individual from whose possession or premises the 
property was impounded and to the applicant for the warrant.
    (2) When property is impounded under a warrant, the individual 
serving the warrant shall--
        (A) give the person from whose possession or premises the 
    property was impounded a copy of the warrant and a receipt for the 
    property; or
        (B) leave the copy and receipt at the place from which the 
    property was impounded.
    (3) The judge or magistrate shall file the warrant, proof of 
service, and all documents filed about the warrant with the clerk of 
the United States district court for the judicial district in which the 
inspection is made.

Sec. 32708. Confidentiality of information

    (a) General.--Information obtained by the Secretary of 
Transportation under this chapter related to a confidential matter 
referred to in section 1905 of title 18 may be disclosed only--
        (1) to another officer or employee of the United States 
    Government for use in carrying out this chapter; or
        (2) in a proceeding under this chapter.
    (b) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.

Sec. 32709. Penalties and enforcement

    (a) Civil Penalty.--(1) A person that violates this chapter or a 
regulation prescribed or order issued under this chapter is liable to 
the United States Government for a civil penalty of not more than 
$2,000 for each violation. A separate violation occurs for each motor 
vehicle or device involved in the violation. The maximum penalty under 
this subsection for a related series of violations is $100,000.
    (2) The Secretary of Transportation shall impose a civil penalty 
under this subsection. The Attorney General shall bring a civil action 
to collect the penalty. Before referring a penalty claim to the 
Attorney General, the Secretary may compromise the amount of the 
penalty. Before compromising the amount of the penalty, the Secretary 
shall give the person charged with a violation an opportunity to 
establish that the violation did not occur.
    (3) In determining the amount of a civil penalty under this 
subsection, the Secretary shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, 
    any history of prior violations, the ability to pay, and any effect 
    on the ability to continue doing business; and
        (C) other matters that justice requires.
    (b) Criminal Penalty.--A person that knowingly and willfully 
violates this chapter or a regulation prescribed or order issued under 
this chapter shall be fined under title 18, imprisoned for not more 
than 3 years, or both. If the person is a corporation, the penalties of 
this subsection also apply to a director, officer, or individual agent 
of a corporation who knowingly and willfully authorizes, orders, or 
performs an act in violation of this chapter or a regulation prescribed 
or order issued under this chapter without regard to penalties imposed 
on the corporation.
    (c) Civil Actions by Attorney General.--The Attorney General may 
bring a civil action to enjoin a violation of this chapter or a 
regulation prescribed or order issued under this chapter. The action 
may be brought in the United States district court for the judicial 
district in which the violation occurred or the defendant is found, 
resides, or does business. Process in the action may be served in any 
other judicial district in which the defendant resides or is found. A 
subpena for a witness in the action may be served in any judicial 
district.
    (d) Civil Actions by States.--(1) When a person violates this 
chapter or a regulation prescribed or order issued under this chapter, 
the chief law enforcement officer of the State in which the violation 
occurs may bring a civil action--
        (A) to enjoin the violation; or
        (B) to recover amounts for which the person is liable under 
    section 32710 of this title for each person on whose behalf the 
    action is brought.
    (2) An action under this subsection may be brought in an 
appropriate United States district court or in a State court of 
competent jurisdiction. The action must be brought not later than 2 
years after the claim accrues.

Sec. 32710. Civil actions by private persons

    (a) Violation and Amount of Damages.--A person that violates this 
chapter or a regulation prescribed or order issued under this chapter, 
with intent to defraud, is liable for 3 times the actual damages or 
$1,500, whichever is greater.
    (b) Civil Actions.--A person may bring a civil action to enforce a 
claim under this section in an appropriate United States district court 
or in another court of competent jurisdiction. The action must be 
brought not later than 2 years after the claim accrues. The court shall 
award costs and a reasonable attorney's fee to the person when a 
judgment is entered for that person.

Sec. 32711. Relationship to State law

    Except to the extent that State law is inconsistent with this 
chapter, this chapter does not--
        (1) affect a State law on disconnecting, altering, or tampering 
    with an odometer with intent to defraud; or
        (2) exempt a person from complying with that law.

                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY

Sec.
32901.  Definitions.
32902.  Average fuel economy standards.
32903.  Credits for exceeding average fuel economy standards.
32904.  Calculation of average fuel economy.
32905.  Manufacturing incentives for alternative fuel automobiles.
32906.  Maximum fuel economy increase for alternative fuel automobiles.
32907.  Reports and tests of manufacturers.
32908.  Fuel economy information.
32909.  Judicial review of regulations.
32910.  Administrative.
32911.  Compliance.
32912.  Civil penalties.
32913.  Compromising and remitting civil penalties.
32914.  Collecting civil penalties.
32915.  Appealing civil penalties.
32916.  Reports to Congress.
32917.  Standards for executive agency automobiles.
32918.  Preemption.

Sec. 32901. Definitions

    (a) General.--In this chapter--
        (1) ``alternative fuel'' means--
            (A) methanol;
            (B) denatured ethanol;
            (C) other alcohols;
            (D) except as provided in subsection (b) of this section, a 
        mixture containing at least 85 percent of methanol, denatured 
        ethanol, and other alcohols by volume with gasoline or other 
        fuels;
            (E) natural gas;
            (F) liquefied petroleum gas;
            (G) hydrogen;
            (H) coal derived liquid fuels;
            (I) fuels (except alcohol) derived from biological 
        materials;
            (J) electricity (including electricity from solar energy); 
        and
            (K) any other fuel the Secretary of Transportation 
        prescribes by regulation that is not substantially petroleum 
        and that would yield substantial energy security and 
        environmental benefits.
        (2) ``alternative fueled automobile'' means an automobile that 
    is a--
            (A) dedicated automobile; or
            (B) dual fueled automobile.
        (3) except as provided in section 32908 of this title, 
    ``automobile'' means a 4-wheeled vehicle that is propelled by fuel, 
    or by alternative fuel, manufactured primarily for use on public 
    streets, roads, and highways (except a vehicle operated only on a 
    rail line), and rated at--
            (A) not more than 6,000 pounds gross vehicle weight; or
            (B) more than 6,000, but less than 10,000, pounds gross 
        vehicle weight, if the Secretary decides by regulation that--
                (i) an average fuel economy standard under this chapter 
            for the vehicle is feasible; and
                (ii) an average fuel economy standard under this 
            chapter for the vehicle will result in significant energy 
            conservation or the vehicle is substantially used for the 
            same purposes as a vehicle rated at not more than 6,000 
            pounds gross vehicle weight.
        (4) ``automobile manufactured by a manufacturer'' includes 
    every automobile manufactured by a person that controls, is 
    controlled by, or is under common control with the manufacturer, 
    but does not include an automobile manufactured by the person that 
    is exported not later than 30 days after the end of the model year 
    in which the automobile is manufactured.
        (5) ``average fuel economy'' means average fuel economy 
    determined under section 32904 of this title.
        (6) ``average fuel economy standard'' means a performance 
    standard specifying a minimum level of average fuel economy 
    applicable to a manufacturer in a model year.
        (7) ``dedicated automobile'' means an automobile that operates 
    only on alternative fuel.
        (8) ``dual fueled automobile'' means an automobile that--
            (A) is capable of operating on alternative fuel and on 
        gasoline or diesel fuel;
            (B) provides equal or superior energy efficiency, as 
        calculated for the applicable model year during fuel economy 
        testing for the United States Government, when operating on 
        alternative fuel as when operating on gasoline or diesel fuel;
            (C) for model years 1993-1995 for an automobile capable of 
        operating on a mixture of an alternative fuel and gasoline or 
        diesel fuel and if the Administrator of the Environmental 
        Protection Agency decides to extend the application of this 
        subclause, for an additional period ending not later than the 
        end of the last model year to which section 32905(b) and (d) of 
        this title applies, provides equal or superior energy 
        efficiency, as calculated for the applicable model year during 
        fuel economy testing for the Government, when operating on a 
        mixture of alternative fuel and gasoline or diesel fuel 
        containing exactly 50 percent gasoline or diesel fuel as when 
        operating on gasoline or diesel fuel; and
            (D) for a passenger automobile, meets or exceeds the 
        minimum driving range prescribed under subsection (c) of this 
        section.
        (9) ``fuel'' means--
            (A) gasoline;
            (B) diesel oil; or
            (C) other liquid or gaseous fuel that the Secretary decides 
        by regulation to include in this definition as consistent with 
        the need of the United States to conserve energy.
        (10) ``fuel economy'' means the average number of miles 
    traveled by an automobile for each gallon of gasoline (or 
    equivalent amount of other fuel) used, as determined by the 
    Administrator under section 32904(c) of this title.
        (11) ``import'' means to import into the customs territory of 
    the United States.

        (12) ``manufacture'' (except under section 32902(d) of this 
    title) means to produce or assemble in the customs territory of the 
    United States or to import.

        (13) ``manufacturer'' means--

            (A) a person engaged in the business of manufacturing 
        automobiles, including a predecessor or successor of the person 
        to the extent provided under regulations prescribed by the 
        Secretary; and

            (B) if more than one person is the manufacturer of an 
        automobile, the person specified under regulations prescribed 
        by the Secretary.

        (14) ``model'' means a class of automobiles as decided by 
    regulation by the Administrator after consulting and coordinating 
    with the Secretary.

        (15) ``model year'', when referring to a specific calendar 
    year, means--

            (A) the annual production period of a manufacturer, as 
        decided by the Administrator, that includes January 1 of that 
        calendar year; or

            (B) that calendar year if the manufacturer does not have an 
        annual production period.

        (16) ``passenger automobile'' means an automobile that the 
    Secretary decides by regulation is manufactured primarily for 
    transporting not more than 10 individuals, but does not include an 
    automobile capable of off-highway operation that the Secretary 
    decides by regulation--

            (A) has a significant feature (except 4-wheel drive) 
        designed for off-highway operation; and

            (B) is a 4-wheel drive automobile or is rated at more than 
        6,000 pounds gross vehicle weight.

    (b) Authority To Change Percentage.--The Secretary may prescribe 
regulations changing the percentage referred to in subsection (a)(1)(D) 
of this section to not less than 70 percent because of requirements 
relating to cold start, safety, or vehicle functions.

    (c) Minimum Driving Ranges for Dual Fueled Passenger Automobiles.--
(1) The Secretary shall prescribe by regulation the minimum driving 
range that dual fueled automobiles that are passenger automobiles must 
meet when operating on alternative fuel to be dual fueled automobiles 
under sections 32905 and 32906 of this title. A determination whether a 
dual fueled automobile meets the minimum driving range requirement 
under this paragraph shall be based on the combined Agency city/highway 
fuel economy as determined for average fuel economy purposes for those 
automobiles.
    (2)(A) The Secretary may prescribe a lower range for a specific 
model than that prescribed under paragraph (1) of this subsection. A 
manufacturer may petition for a lower range than that prescribed under 
paragraph (1) for a specific model.
    (B) The minimum driving range prescribed for dual fueled 
automobiles (except electric automobiles) under subparagraph (A) of 
this paragraph or paragraph (1) of this subsection must be at least 200 
miles.
    (C) If the Secretary prescribes a minimum driving range of 200 
miles for dual fueled automobiles (except electric automobiles) under 
paragraph (1) of this subsection, subparagraph (A) of this paragraph 
does not apply to dual fueled automobiles (except electric 
automobiles).
    (3) In prescribing a minimum driving range under paragraph (1) of 
this subsection and in taking an action under paragraph (2) of this 
subsection, the Secretary shall consider the purpose set forth in 
section 3 of the Alternative Motor Fuels Act of 1988 (Public Law 100-
494, 102 Stat. 2442), consumer acceptability, economic practicability, 
technology, environmental impact, safety, drivability, performance, and 
other factors the Secretary considers relevant.

Sec. 32902. Average fuel economy standards

    (a) Non-Passenger Automobiles.--At least 18 months before the 
beginning of each model year, the Secretary of Transportation shall 
prescribe by regulation average fuel economy standards for automobiles 
(except passenger automobiles) manufactured by a manufacturer in that 
model year. Each standard shall be the maximum feasible average fuel 
economy level that the Secretary decides the manufacturers can achieve 
in that model year. The Secretary may prescribe separate standards for 
different classes of automobiles.
    (b) Passenger Automobiles.--Except as provided in this section, the 
average fuel economy standard for passenger automobiles manufactured by 
a manufacturer in a model year after model year 1984 shall be 27.5 
miles a gallon.
    (c) Amending Passenger Automobile Standards.--(1) Subject to 
paragraph (2) of this subsection, the Secretary of Transportation may 
prescribe regulations amending the standard under subsection (b) of 
this section for a model year to a level that the Secretary decides is 
the maximum feasible average fuel economy level for that model year. 
Section 553 of title 5 applies to a proceeding to amend the standard. 
However, any interested person may make an oral presentation and a 
transcript shall be taken of that presentation.
    (2) If an amendment increases the standard above 27.5 miles a 
gallon or decreases the standard below 26.0 miles a gallon, the 
Secretary of Transportation shall submit the amendment to Congress. The 
procedures of section 551 of the Energy Policy and Conservation Act (42 
U.S.C. 6421) apply to an amendment, except that the 15 calendar days 
referred to in section 551(c) and (d) of the Act (42 U.S.C. 6421(c), 
(d)) are deemed to be 60 calendar days, and the 5 calendar days 
referred to in section 551(f)(4)(A) of the Act (42 U.S.C. 
6421(f)(4)(A)) are deemed to be 20 calendar days. If either House of 
Congress disapproves the amendment under those procedures, the 
amendment does not take effect.
    (d) Exemptions.--(1) Except as provided in paragraph (3) of this 
subsection, on application of a manufacturer that manufactured (whether 
in the United States or not) fewer than 10,000 passenger automobiles in 
the model year 2 years before the model year for which the application 
is made, the Secretary of Transportation may exempt by regulation the 
manufacturer from a standard under subsection (b) or (c) of this 
section. An exemption for a model year applies only if the manufacturer 
manufactures (whether in the United States or not) fewer than 10,000 
passenger automobiles in the model year. The Secretary may exempt a 
manufacturer only if the Secretary--
        (A) finds that the applicable standard under those subsections 
    is more stringent than the maximum feasible average fuel economy 
    level that the manufacturer can achieve; and
        (B) prescribes by regulation an alternative average fuel 
    economy standard for the passenger automobiles manufactured by the 
    exempted manufacturer that the Secretary decides is the maximum 
    feasible average fuel economy level for the manufacturers to which 
    the alternative standard applies.
    (2) An alternative average fuel economy standard the Secretary of 
Transportation prescribes under paragraph (1)(B) of this subsection may 
apply to an individually exempted manufacturer, to all automobiles to 
which this subsection applies, or to classes of passenger automobiles, 
as defined under regulations of the Secretary, manufactured by exempted 
manufacturers.
    (3) Notwithstanding paragraph (1) of this subsection, an importer 
registered under section 30141(c) of this title may not be exempted as 
a manufacturer under paragraph (1) for a motor vehicle that the 
importer--
        (A) imports; or
        (B) brings into compliance with applicable motor vehicle safety 
    standards prescribed under chapter 301 of this title for an 
    individual under section 30142 of this title.
    (4) The Secretary of Transportation may prescribe the contents of 
an application for an exemption.
    (e) Emergency Vehicles.--(1) In this subsection, ``emergency 
vehicle'' means an automobile manufactured primarily for use--
        (A) as an ambulance or combination ambulance-hearse;
        (B) by the United States Government or a State or local 
    government for law enforcement; or
        (C) for other emergency uses prescribed by regulation by the 
    Secretary of Transportation.
    (2) A manufacturer may elect to have the fuel economy of an 
emergency vehicle excluded in applying a fuel economy standard under 
subsection (a), (b), (c), or (d) of this section. The election is made 
by providing written notice to the Secretary of Transportation and to 
the Administrator of the Environmental Protection Agency.
    (f) Considerations on Decisions on Maximum Feasible Average Fuel 
Economy.--When deciding maximum feasible average fuel economy under 
this section, the Secretary of Transportation shall consider 
technological feasibility, economic practicability, the effect of other 
motor vehicle standards of the Government on fuel economy, and the need 
of the United States to conserve energy.
    (g) Requirements for Other Amendments.--(1) The Secretary of 
Transportation may prescribe regulations amending an average fuel 
economy standard prescribed under subsection (a) or (d) of this section 
if the amended standard meets the requirements of subsection (a) or 
(d), as appropriate.
    (2) When the Secretary of Transportation prescribes an amendment 
under this section that makes an average fuel economy standard more 
stringent, the Secretary shall prescribe the amendment (and submit the 
amendment to Congress when required under subsection (c)(2) of this 
section) at least 18 months before the beginning of the model year to 
which the amendment applies.
    (h) Limitations.--In carrying out subsections (c), (f), and (g) of 
this section, the Secretary of Transportation--
        (1) may not consider the fuel economy of dedicated automobiles; 
    and
        (2) shall consider dual fueled automobiles to be operated only 
    on gasoline or diesel fuel.
    (i) Consultation.--The Secretary of Transportation shall consult 
with the Secretary of Energy in carrying out this section and section 
32903 of this title.
    (j) Secretary of Energy Comments.--(1) Before issuing a notice 
proposing to prescribe or amend an average fuel economy standard under 
subsection (a), (c), or (g) of this section, the Secretary of 
Transportation shall give the Secretary of Energy at least 10 days from 
the receipt of the notice during which the Secretary of Energy may, if 
the Secretary of Energy concludes that the proposed standard would 
adversely affect the conservation goals of the Secretary of Energy, 
provide written comments to the Secretary of Transportation about the 
impact of the standard on those goals. To the extent the Secretary of 
Transportation does not revise a proposed standard to take into account 
comments of the Secretary of Energy on any adverse impact of the 
standard, the Secretary of Transportation shall include those comments 
in the notice.
    (2) Before taking final action on a standard or an exemption from a 
standard under this section, the Secretary of Transportation shall 
notify the Secretary of Energy and provide the Secretary of Energy a 
reasonable time to comment.

Sec. 32903. Credits for exceeding average fuel economy standards

    (a) Earning and Period for Applying Credits.--When the average fuel 
economy of passenger automobiles manufactured by a manufacturer in a 
particular model year exceeds an applicable average fuel economy 
standard under section 32902(b)-(d) of this title (determined by the 
Secretary of Transportation without regard to credits under this 
section), the manufacturer earns credits. The credits may be applied 
to--
        (1) any of the 3 consecutive model years immediately before the 
    model year for which the credits are earned; and
        (2) to the extent not used under clause (1) of this subsection, 
    any of the 3 consecutive model years immediately after the model 
    year for which the credits are earned.
    (b) Period of Availability and Plan for Future Credits.--(1) Except 
as provided in paragraph (2) of this subsection, credits under this 
section are available to a manufacturer at the end of the model year in 
which earned.
    (2)(A) Before the end of a model year, if a manufacturer has reason 
to believe that its average fuel economy for passenger automobiles will 
be less than the applicable standard for that model year, the 
manufacturer may submit a plan to the Secretary of Transportation 
demonstrating that the manufacturer will earn sufficient credits under 
this section within the next 3 model years to allow the manufacturer to 
meet that standard for the model year involved. Unless the Secretary 
finds that the manufacturer is unlikely to earn sufficient credits 
under the plan, the Secretary shall approve the plan. Those credits are 
available for the model year involved if--
        (i) the Secretary approves the plan; and
        (ii) the manufacturer earns those credits as provided by the 
    plan.
    (B) If the average fuel economy of a manufacturer is less than the 
applicable standard under section 32902(b)-(d) of this title after 
applying credits under subsection (a)(1) of this section, the Secretary 
of Transportation shall notify the manufacturer and give the 
manufacturer a reasonable time (of at least 60 days) to submit a plan.
    (c) Determining Number of Credits.--The number of credits a 
manufacturer earns under this section equals the product of--
        (1) the number of tenths of a mile a gallon by which the 
    average fuel economy of the passenger automobiles manufactured by 
    the manufacturer in the model year in which the credits are earned 
    exceeds the applicable average fuel economy standard under section 
    32902(b)-(d) of this title; times
        (2) the number of passenger automobiles manufactured by the 
    manufacturer during that model year.
    (d) Applying Credits for Passenger Automobiles.--The Secretary of 
Transportation shall apply credits to a model year on the basis of the 
number of tenths of a mile a gallon by which the manufacturer involved 
was below the applicable average fuel economy standard for that model 
year and the number of passenger automobiles manufactured that model 
year by the manufacturer. Credits applied to a model year are no longer 
available for another model year. Before applying credits, the 
Secretary shall give the manufacturer written notice and reasonable 
opportunity to comment.
    (e) Applying Credits for Non-Passenger Automobiles.--Credits for a 
manufacturer of automobiles that are not passenger automobiles are 
earned and applied to a model year in which the average fuel economy of 
that class of automobiles is below the applicable average fuel economy 
standard under section 32902(a) of this title, to the same extent and 
in the same way as provided in this section for passenger automobiles.
    (f) Refund of Collected Penalty.--When a civil penalty has been 
collected under this chapter from a manufacturer that has earned 
credits under this section, the Secretary of the Treasury shall refund 
to the manufacturer the amount of the penalty to the extent the penalty 
is attributable to credits available under this section.

Sec. 32904. Calculation of average fuel economy

    (a) Method of Calculation.--(1) The Administrator of the 
Environmental Protection Agency shall calculate the average fuel 
economy of a manufacturer subject to--
        (A) section 32902(a) of this title in a way prescribed by the 
    Administrator; and
        (B) section 32902(b)-(d) of this title by dividing--
            (i) the number of passenger automobiles manufactured by the 
        manufacturer in a model year; by
            (ii) the sum of the fractions obtained by dividing the 
        number of passenger automobiles of each model manufactured by 
        the manufacturer in that model year by the fuel economy 
        measured for that model.
    (2)(A) In this paragraph, ``electric vehicle'' means a vehicle 
powered primarily by an electric motor drawing electrical current from 
a portable source.
    (B) If a manufacturer manufactures an electric vehicle, the 
Administrator shall include in the calculation of average fuel economy 
under paragraph (1) of this subsection equivalent petroleum based fuel 
economy values determined by the Secretary of Energy for various 
classes of electric vehicles. The Secretary shall review those values 
each year and determine and propose necessary revisions based on the 
following factors:
        (i) the approximate electrical energy efficiency of the 
    vehicle, considering the kind of vehicle and the mission and weight 
    of the vehicle.
        (ii) the national average electrical generation and 
    transmission efficiencies.
        (iii) the need of the United States to conserve all forms of 
    energy and the relative scarcity and value to the United States of 
    all fuel used to generate electricity.
        (iv) the specific patterns of use of electric vehicles compared 
    to petroleum-fueled vehicles.
    (b) Separate Calculations for Passenger Automobiles Manufactured 
Domestically and Not Domestically.--(1) In this subsection--
        (A) a passenger automobile is deemed to be manufactured 
    domestically in a model year if at least 75 percent of the cost to 
    the manufacturer is attributable to value added in the United 
    States or Canada, unless the assembly of the automobile is 
    completed in Canada and the automobile is imported into the United 
    States more than 30 days after the end of the model year; and
        (B) the fuel economy of a passenger automobile that is not 
    manufactured domestically is deemed to be equal to the average fuel 
    economy of all passenger automobiles manufactured by the same 
    manufacturer that are not manufactured domestically.
    (2)(A) Except as provided in paragraphs (4) and (5) of this 
subsection, the Administrator shall make separate calculations under 
subsection (a)(1)(B) of this section for--
        (i) passenger automobiles manufactured domestically by a 
    manufacturer (or included in this category under paragraph (3) of 
    this subsection); and
        (ii) passenger automobiles not manufactured domestically by 
    that manufacturer (or excluded from this category under paragraph 
    (3) of this subsection).
    (B) Passenger automobiles described in subparagraph (A)(i) and (ii) 
of this paragraph are deemed to be manufactured by separate 
manufacturers under this chapter.
    (3)(A) A manufacturer may submit to the Secretary of Transportation 
for approval a plan, including supporting material, stating the actions 
and the deadlines for taking the actions, that will ensure that the 
model or models referred to in subparagraph (B) of this paragraph will 
be manufactured domestically before the end of the 4th model year 
covered by the plan. The Secretary promptly shall consider and act on 
the plan. The Secretary shall approve the plan unless--
        (i) the Secretary finds that the plan is inadequate to meet the 
    requirements of this paragraph; or
        (ii) the manufacturer previously has submitted a plan approved 
    by the Secretary under this paragraph.
    (B) If the plan is approved, the Administrator shall include under 
paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii) of this 
subsection, for each of the 4 model years covered by the plan, not more 
than 150,000 passenger automobiles manufactured by that manufacturer 
but not qualifying as domestically manufactured if--
        (i) the model or models involved previously have not been 
    manufactured domestically;
        (ii) at least 50 percent of the cost to the manufacturer of 
    each of the automobiles is attributable to value added in the 
    United States or Canada;
        (iii) the automobiles, if their assembly was completed in 
    Canada, are imported into the United States not later than 30 days 
    after the end of the model year; and
        (iv) the model or models are manufactured domestically before 
    the end of the 4th model year covered by the plan.
    (4)(A) A manufacturer may file with the Secretary of Transportation 
a petition for an exemption from the requirement of separate 
calculations under paragraph (2)(A) of this subsection if the 
manufacturer began automobile production or assembly in the United 
States--
        (i) after December 22, 1975, and before May 1, 1980; or
        (ii) after April 30, 1980, if the manufacturer has engaged in 
    the production or assembly in the United States for at least one 
    model year ending before January 1, 1986.
    (B) The Secretary of Transportation shall grant the exemption 
unless the Secretary finds that the exemption would result in reduced 
employment in the United States related to motor vehicle manufacturing 
during the period of the exemption. An exemption under this paragraph 
is effective for 5 model years or, if requested by the manufacturer, a 
longer period provided by the Secretary in the order granting the 
exemption. The exemption applies to passenger automobiles manufactured 
by that manufacturer during the period of the exemption.
    (C) Before granting an exemption, the Secretary of Transportation 
shall provide notice of, and reasonable opportunity for, written or 
oral comment about the petition. The period for comment shall end not 
later than 60 days after the petition is filed, except that the 
Secretary may extend the period for not more than another 30 days. The 
Secretary shall decide whether to grant or deny the exemption, and 
publish notice of the decision in the Federal Register, not later than 
90 days after the petition is filed, except that the Secretary may 
extend the time for decision to a later date (not later than 150 days 
after the petition is filed) if the Secretary publishes notice of, and 
reasons for, the extension in the Federal Register. If the Secretary 
does not make a decision within the time provided in this subparagraph, 
the petition is deemed to have been granted. Not later than 30 days 
after the end of the decision period, the Secretary shall submit a 
written statement of the reasons for not making a decision to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Representatives.
    (5)(A) A person adversely affected by a decision of the Secretary 
of Transportation granting or denying an exemption may file, not later 
than 30 days after publication of the notice of the decision, a 
petition for review in the United States Court of Appeals for the 
District of Columbia Circuit. That court has exclusive jurisdiction to 
review the decision and to affirm, remand, or set aside the decision 
under section 706(2)(A)-(D) of title 5.
    (B) A judgment of the court under this subparagraph may be reviewed 
by the Supreme Court under section 1254 of title 28. Application for 
review by the Supreme Court must be made not later than 30 days after 
entry of the court's judgment.
    (C) A decision of the Secretary of Transportation on a petition for 
an exemption under this paragraph may be reviewed administratively or 
judicially only as provided in this paragraph.
    (6) Notwithstanding section 32903 of this title, during a model 
year when an exemption under this paragraph is effective for a 
manufacturer--
        (A) credit may not be earned under section 32903(a) of this 
    title by the manufacturer; and
        (B) credit may not be made available under section 32903(b)(2) 
    of this title for the manufacturer.
    (c) Testing and Calculation Procedures.--The Administrator shall 
measure fuel economy for each model and calculate average fuel economy 
for a manufacturer under testing and calculation procedures prescribed 
by the Administrator. However, except under section 32908 of this 
title, the Administrator shall use the same procedures for passenger 
automobiles the Administrator used for model year 1975 (weighted 55 
percent urban cycle and 45 percent highway cycle), or procedures that 
give comparable results. A measurement of fuel economy or a calculation 
of average fuel economy (except under section 32908) shall be rounded 
off to the nearest .1 of a mile a gallon. The Administrator shall 
decide on the quantity of other fuel that is equivalent to one gallon 
of gasoline. To the extent practicable, fuel economy tests shall be 
carried out with emissions tests under section 206 of the Clean Air Act 
(42 U.S.C. 7525).
    (d) Effective Date of Procedure or Amendment.--The Administrator 
shall prescribe a procedure under this section, or an amendment (except 
a technical or clerical amendment) in a procedure, at least 12 months 
before the beginning of the model year to which the procedure or 
amendment applies.
    (e) Reports and Consultation.--The Administrator shall report 
measurements and calculations under this section to the Secretary of 
Transportation and shall consult and coordinate with the Secretary in 
carrying out this section.

Sec. 32905. Manufacturing incentives for alternative fuel automobiles

    (a) Dedicated Automobiles.--Except as provided in subsection (c) of 
this section or section 32904(a)(2) of this title, for any model of 
dedicated automobile manufactured by a manufacturer after model year 
1992, the fuel economy measured for that model shall be based on the 
fuel content of the alternative fuel used to operate the automobile. A 
gallon of a liquid alternative fuel used to operate a dedicated 
automobile is deemed to contain .15 gallon of fuel.
    (b) Dual Fueled Automobiles.--Except as provided in subsection (d) 
of this section or section 32904(a)(2) of this title, for any model of 
dual fueled automobile manufactured by a manufacturer in model years 
1993-2004, the Administrator of the Environmental Protection Agency 
shall measure the fuel economy for that model by dividing 1.0 by the 
sum of--
        (1) .5 divided by the fuel economy measured under section 
    32904(c) of this title when operating the model on gasoline or 
    diesel fuel; and
        (2) .5 divided by the fuel economy measured under subsection 
    (a) of this section when operating the model on alternative fuel.
    (c) Gaseous Fuel Dedicated Automobiles.--For any model of gaseous 
fuel dedicated automobile manufactured by a manufacturer after model 
year 1992, the Administrator shall measure the fuel economy for that 
model based on the fuel content of the gaseous fuel used to operate the 
automobile. One hundred cubic feet of natural gas is deemed to contain 
.823 gallon equivalent of natural gas. The Secretary of Transportation 
shall determine the appropriate gallon equivalent of other gaseous 
fuels. A gallon equivalent of gaseous fuel is deemed to have a fuel 
content of .15 gallon of fuel.
    (d) Gaseous Fuel Dual Fueled Automobiles.--For any model of gaseous 
fuel dual fueled automobile manufactured by a manufacturer in model 
years 1993-2004, the Administrator shall measure the fuel economy for 
that model by dividing 1.0 by the sum of--
        (1) .5 divided by the fuel economy measured under section 
    32904(c) of this title when operating the model on gasoline or 
    diesel fuel; and
        (2) .5 divided by the fuel economy measured under subsection 
    (c) of this section when operating the model on gaseous fuel.
    (e) Fuel Economy Calculations.--The Administrator shall calculate 
the manufacturer's average fuel economy under section 32904(a)(1) of 
this title for each model described under subsections (a)-(d) of this 
section by using as the denominator the fuel economy measured for each 
model under subsections (a)-(d).
    (f) Extending Application of Subsections (b) and (d).--Not later 
than December 31, 2001, the Secretary of Transportation shall--
        (1) extend by regulation the application of subsections (b) and 
    (d) of this section for not more than 4 consecutive model years 
    immediately after model year 2004 and explain the basis on which 
    the extension is granted; or
        (2) publish a notice explaining the reasons for not extending 
    the application of subsections (b) and (d) of this section.
    (g) Study and Report.--Not later than September 30, 2000, the 
Secretary of Transportation, in consultation with the Secretary of 
Energy and the Administrator, shall complete a study of the success of 
the policy of subsections (b) and (d) of this title, and submit to the 
Committees on Commerce, Science, and Transportation and Governmental 
Affairs of the Senate and the Committee on Energy and Commerce of the 
House of Representatives a report on the results of the study, 
including preliminary conclusions on whether the application of 
subsections (b) and (d) should be extended for up to 4 more model 
years. The study and conclusions shall consider--
        (1) the availability to the public of alternative fueled 
    automobiles and alternative fuel;
        (2) energy conservation and security;
        (3) environmental considerations; and
        (4) other relevant factors.

Sec. 32906. Maximum fuel economy increase for alternative fuel 
            automobiles

    (a) Maximum Increases.--(1)(A) For each of the model years 1993-
2004 for each category of automobile (except an electric automobile), 
the maximum increase in average fuel economy for a manufacturer 
attributable to dual fueled automobiles is 1.2 miles a gallon.
    (B) If the application of section 32905(b) and (d) of this title is 
extended under section 32905(f) of this title, for each category of 
automobile (except an electric automobile) the maximum increase in 
average fuel economy for a manufacturer for each of the model years 
2005-2008 attributable to dual fueled automobiles is .9 mile a gallon.
    (2) In applying paragraph (1) of this subsection, the Administrator 
of the Environmental Protection Agency shall determine the increase in 
a manufacturer's average fuel economy attributable to dual fueled 
automobiles by subtracting from the manufacturer's average fuel economy 
calculated under section 32905(e) of this title the number equal to 
what the manufacturer's average fuel economy would be if it were 
calculated by the formula in section 32904(a)(1) of this title by 
including as the denominator for each model of dual fueled automobile 
the fuel economy when the automobiles are operated on gasoline or 
diesel fuel. If the increase attributable to dual fueled automobiles 
for any model year described--
        (A) in paragraph (1)(A) of this subsection is more than 1.2 
    miles a gallon, the limitation in paragraph (1)(A) applies; and
        (B) in paragraph (1)(B) of this subsection is more than .9 mile 
    a gallon, the limitation in paragraph (1)(B) applies.
    (b) Offsets.--Notwithstanding this section and sections 32901(c) 
and 32905 of this title, if the Secretary of Transportation reduces the 
average fuel economy standard for passenger automobiles for any model 
year below 27.5 miles a gallon, an increase in average fuel economy for 
passenger automobiles of more than .7 mile a gallon to which a 
manufacturer of dual fueled automobiles would otherwise be entitled is 
reduced by an amount equal to the amount of the reduction in the 
standard. However, the increase may not be reduced to less than .7 mile 
a gallon.

Sec. 32907. Reports and tests of manufacturers

    (a) Manufacturer Reports.--(1) A manufacturer shall report to the 
Secretary of Transportation on--
        (A) whether the manufacturer will comply with an applicable 
    average fuel economy standard under section 32902 of this title for 
    the model year for which the report is made;
        (B) the actions the manufacturer has taken or intends to take 
    to comply with the standard; and
        (C) other information the Secretary requires by regulation.
    (2) A manufacturer shall submit a report under paragraph (1) of 
this subsection during the 30 days--
        (A) before the beginning of each model year; and
        (B) beginning on the 180th day of the model year.
    (3) When a manufacturer decides that actions reported under 
paragraph (1)(B) of this subsection are not sufficient to ensure 
compliance with that standard, the manufacturer shall report to the 
Secretary additional actions the manufacturer intends to take to comply 
with the standard and include a statement about whether those actions 
are sufficient to ensure compliance.
    (4) This subsection does not apply to a manufacturer for a model 
year for which the manufacturer is subject to an alternative average 
fuel economy standard under section 32902(d) of this title.
    (b) Records, Reports, Tests, Information, and Inspection.--(1) 
Under regulations prescribed by the Secretary or the Administrator of 
the Environmental Protection Agency to carry out this chapter, a 
manufacturer shall keep records, make reports, conduct tests, and 
provide items and information. On request and display of proper 
credentials, an officer or employee designated by the Secretary or 
Administrator may inspect automobiles and records of the manufacturer. 
An inspection shall be made at a reasonable time and in a reasonable 
way.
    (2) The district courts of the United States may--
        (A) issue an order enforcing a requirement or request under 
    paragraph (1) of this subsection; and
        (B) punish a failure to obey the order as a contempt of court.

Sec. 32908. Fuel economy information

    (a) Definitions.--In this section--
        (1) ``automobile'' includes an automobile rated at not more 
    than 8,500 pounds gross vehicle weight regardless of whether the 
    Secretary of Transportation has applied this chapter to the 
    automobile under section 32901(a)(3)(B) of this title.
        (2) ``dealer'' means a person residing or located in a State, 
    the District of Columbia, or a territory or possession of the 
    United States, and engaged in the sale or distribution of new 
    automobiles to the first person (except a dealer buying as a 
    dealer) that buys the automobile in good faith other than for 
    resale.
    (b) Labeling Requirements and Contents.--(1) Under regulations of 
the Administrator of the Environmental Protection Agency, a 
manufacturer of automobiles shall attach a label to a prominent place 
on each automobile manufactured in a model year. The dealer shall 
maintain the label. The label shall contain the following information:
        (A) the fuel economy of the automobile.
        (B) the estimated annual fuel cost of operating the automobile.
        (C) the range of fuel economy of comparable automobiles of all 
    manufacturers.
        (D) a statement that a booklet is available from the dealer to 
    assist in making a comparison of fuel economy of other automobiles 
    manufactured by all manufacturers in that model year.
        (E) the amount of the automobile fuel efficiency tax imposed on 
    the sale of the automobile under section 4064 of the Internal 
    Revenue Code of 1986 (26 U.S.C. 4064).
        (F) other information required or authorized by the 
    Administrator that is related to the information required by 
    clauses (A)-(D) of this paragraph.
    (2) The Administrator may allow a manufacturer to comply with this 
subsection by--
        (A) disclosing the information on the label required under 
    section 3 of the Automobile Information Disclosure Act (15 U.S.C. 
    1232); and
        (B) including the statement required by paragraph (1)(E) of 
    this subsection at a time and in a way that takes into account 
    special circumstances or characteristics.
    (3) For dedicated automobiles manufactured after model year 1992, 
the fuel economy of those automobiles under paragraph (1)(A) of this 
subsection is the fuel economy for those automobiles when operated on 
alternative fuel, measured under section 32905(a) or (c) of this title, 
multiplied by .15. Each label required under paragraph (1) of this 
subsection for dual fueled automobiles shall--
        (A) indicate the fuel economy of the automobile when operated 
    on gasoline or diesel fuel;
        (B) clearly identify the automobile as a dual fueled 
    automobile;
        (C) clearly identify the fuels on which the automobile may be 
    operated; and
        (D) contain a statement informing the consumer that the 
    additional information required by subsection (c)(2) of this 
    section is published and distributed by the Secretary of Energy.
    (c) Fuel Economy Information Booklet.--(1) The Administrator shall 
prepare the booklet referred to in subsection (b)(1)(D) of this 
section. The booklet--
        (A) shall be simple and readily understandable;
        (B) shall contain information on fuel economy and estimated 
    annual fuel costs of operating automobiles manufactured in each 
    model year; and
        (C) may contain information on geographical or other 
    differences in estimated annual fuel costs.
    (2)(A) For dual fueled automobiles manufactured after model year 
1992, the booklet published under paragraph (1) shall contain 
additional information on--
        (i) the energy efficiency and cost of operation of those 
    automobiles when operated on gasoline or diesel fuel as compared to 
    those automobiles when operated on alternative fuel; and
        (ii) the driving range of those automobiles when operated on 
    gasoline or diesel fuel as compared to those automobiles when 
    operated on alternative fuel.
    (B) For dual fueled automobiles, the booklet published under 
paragraph (1) also shall contain--
        (i) information on the miles a gallon achieved by the 
    automobiles when operated on alternative fuel; and
        (ii) a statement explaining how the information made available 
    under this paragraph can be expected to change when the automobile 
    is operated on mixtures of alternative fuel and gasoline or diesel 
    fuel.
    (3) The Secretary of Energy shall publish and distribute the 
booklet. The Administrator shall prescribe regulations requiring 
dealers to make the booklet available to prospective buyers.
    (d) Disclosure.--A disclosure about fuel economy or estimated 
annual fuel costs under this section does not establish a warranty 
under a law of the United States or a State.
    (e) Violations.--A violation of subsection (b) of this section is--
        (1) a violation of section 3 of the Automobile Information 
    Disclosure Act (15 U.S.C. 1232); and
        (2) an unfair or deceptive act or practice in or affecting 
    commerce under the Federal Trade Commission Act (15 U.S.C. 41 et 
    seq.), except sections 5(m) and 18 (15 U.S.C. 45(m), 57a).
    (f) Consultation.--The Administrator shall consult with the Federal 
Trade Commission and the Secretaries of Transportation and Energy in 
carrying out this section.

Sec. 32909. Judicial review of regulations

    (a) Filing and Venue.--(1) A person that may be adversely affected 
by a regulation prescribed in carrying out section 32901-32904 or 32908 
of this title may apply for review of the regulation by filing a 
petition for review in the United States Court of Appeals for the 
District of Columbia Circuit or in the court of appeals of the United 
States for the circuit in which the person resides or has its principal 
place of business.
    (2) A person adversely affected by a regulation prescribed under 
section 32912(c)(1) of this title may apply for review of the 
regulation by filing a petition for review in the court of appeals of 
the United States for the circuit in which the person resides or has 
its principal place of business.
    (b) Time for Filing and Judicial Procedures.--The petition must be 
filed not later than 59 days after the regulation is prescribed, except 
that a petition for review of a regulation prescribing an amendment of 
a standard submitted to Congress under section 32902(c)(2) of this 
title must be filed not later than 59 days after the end of the 60-day 
period referred to in section 32902(c)(2). The clerk of the court shall 
send immediately a copy of the petition to the Secretary of 
Transportation or the Administrator of the Environmental Protection 
Agency, whoever prescribed the regulation. The Secretary or the 
Administrator shall file with the court a record of the proceeding in 
which the regulation was prescribed.
    (c) Additional Proceedings.--(1) When reviewing a regulation under 
subsection (a)(1) of this section, the court, on request of the 
petitioner, may order the Secretary or the Administrator to receive 
additional submissions if the court is satisfied the additional 
submissions are material and there were reasonable grounds for not 
presenting the submissions in the proceeding before the Secretary or 
Administrator.
    (2) The Secretary or the Administrator may amend or set aside the 
regulation, or prescribe a new regulation because of the additional 
submissions presented. The Secretary or Administrator shall file an 
amended or new regulation and the additional submissions with the 
court. The court shall review a changed or new regulation.
    (d) Supreme Court Review and Additional Remedies.--A judgment of a 
court under this section may be reviewed only by the Supreme Court 
under section 1254 of title 28. A remedy under subsections (a)(1) and 
(c) of this section is in addition to any other remedies provided by 
law.

Sec. 32910. Administrative

    (a) General Powers.--(1) In carrying out this chapter, the 
Secretary of Transportation or the Administrator of the Environmental 
Protection Agency may--
        (A) inspect and copy records of any person at reasonable times;
        (B) order a person to file written reports or answers to 
    specific questions, including reports or answers under oath; and
        (C) conduct hearings, administer oaths, take testimony, and 
    subpena witnesses and records the Secretary or Administrator 
    considers advisable.
    (2) A witness summoned under paragraph (1)(C) of this subsection is 
entitled to the same fee and mileage the witness would have been paid 
in a court of the United States.
    (b) Civil Actions To Enforce.--A civil action to enforce a subpena 
or order of the Secretary or Administrator under subsection (a) of this 
section may be brought in the district court of the United States for 
the judicial district in which the proceeding by the Secretary or 
Administrator was conducted. The court may punish a failure to obey an 
order of the court to comply with the subpena or order of the Secretary 
or Administrator as a contempt of court.
    (c) Disclosure of Information.--The Secretary and the Administrator 
each shall disclose information obtained under this chapter (except 
information obtained under section 32904(c) of this title) under 
section 552 of title 5. However, the Secretary or Administrator may 
withhold information under section 552(b)(4) of title 5 only if the 
Secretary or Administrator decides that disclosure of the information 
would cause significant competitive damage. A matter referred to in 
section 552(b)(4) and relevant to an administrative or judicial 
proceeding under this chapter may be disclosed in that proceeding. A 
measurement or calculation under section 32904(c) of this title shall 
be disclosed under section 552 of title 5 without regard to section 
552(b).
    (d) Regulations.--The Administrator may prescribe regulations to 
carry out duties of the Administrator under this chapter.

Sec. 32911. Compliance

    (a) General.--A person commits a violation if the person fails to 
comply with this chapter and regulations and standards prescribed and 
orders issued under this chapter (except sections 32902, 32903, 
32908(b), and 32917(b) and regulations and standards prescribed and 
orders issued under those sections). The Secretary of Transportation 
shall conduct a proceeding, with an opportunity for a hearing on the 
record, to decide whether a person has committed a violation. Any 
interested person may participate in a proceeding under this 
subsection.
    (b) Automobile Manufacturers.--A manufacturer of automobiles 
commits a violation if the manufacturer fails to comply with an 
applicable average fuel economy standard under section 32902 of this 
title. Compliance is determined after considering credits available to 
the manufacturer under section 32903 of this title. If average fuel 
economy calculations under section 32904(c) of this title indicate that 
a manufacturer has violated this subsection, the Secretary shall 
conduct a proceeding, with an opportunity for a hearing on the record, 
to decide whether a violation has been committed. The Secretary may not 
conduct the proceeding if further measurements of fuel economy, further 
calculations of average fuel economy, or other information indicates a 
violation has not been committed. The results of the measurements and 
calculations and the information shall be published in the Federal 
Register. Any interested person may participate in a proceeding under 
this subsection.

Sec. 32912. Civil penalties

    (a) General Penalty.--A person that violates section 32911(a) of 
this title is liable to the United States Government for a civil 
penalty of not more than $10,000 for each violation. A separate 
violation occurs for each day the violation continues.
    (b) Penalty for Manufacturer Violations of Fuel Economy 
Standards.--Except as provided in subsection (c) of this section, a 
manufacturer that violates a standard prescribed for a model year under 
section 32902 of this title is liable to the Government for a civil 
penalty of $5 multiplied by each .1 of a mile a gallon by which the 
applicable average fuel economy standard under that section exceeds the 
average fuel economy--
        (1) calculated under section 32904(a)(1)(A) or (B) of this 
    title for automobiles to which the standard applies manufactured by 
    the manufacturer during the model year;
        (2) multiplied by the number of those automobiles; and
        (3) reduced by the credits available to the manufacturer under 
    section 32903 of this title for the model year.
    (c) Higher Penalty Amounts.--(1)(A) The Secretary of Transportation 
shall prescribe by regulation a higher amount for each .1 of a mile a 
gallon to be used in calculating a civil penalty under subsection (b) 
of this section, if the Secretary decides that the increase in the 
penalty--
        (i) will result in, or substantially further, substantial 
    energy conservation for automobiles in model years in which the 
    increased penalty may be imposed; and
        (ii) will not have a substantial deleterious impact on the 
    economy of the United States, a State, or a region of a State.
    (B) The amount prescribed under subparagraph (A) of this paragraph 
may not be more than $10 for each .1 of a mile a gallon.
    (C) The Secretary may make a decision under subparagraph (A)(ii) of 
this paragraph only when the Secretary decides that it is likely that 
the increase in the penalty will not--
        (i) cause a significant increase in unemployment in a State or 
    a region of a State;
        (ii) adversely affect competition; or
        (iii) cause a significant increase in automobile imports.
    (D) A higher amount prescribed under subparagraph (A) of this 
paragraph is effective for the model year beginning at least 18 months 
after the regulation stating the higher amount becomes final.
    (2) The Secretary shall publish in the Federal Register a proposed 
regulation under this subsection and a statement of the basis for the 
regulation and provide each manufacturer of automobiles a copy of the 
proposed regulation and the statement. The Secretary shall provide a 
period of at least 45 days for written public comments on the proposed 
regulation. The Secretary shall submit a copy of the proposed 
regulation to the Federal Trade Commission and request the Commission 
to comment on the proposed regulation within that period. After that 
period, the Secretary shall give interested persons and the Commission 
an opportunity at a public hearing to present oral information, views, 
and arguments and to direct questions about disputed issues of material 
fact to--
        (A) other interested persons making oral presentations;
        (B) employees and contractors of the Government that made 
    written comments or an oral presentation or participated in the 
    development or consideration of the proposed regulation; and
        (C) experts and consultants that provided information to a 
    person that the person includes, or refers to, in an oral 
    presentation.
    (3) The Secretary may restrict the questions of an interested 
person and the Commission when the Secretary decides that the questions 
are duplicative or not likely to result in a timely and effective 
resolution of the issues. A transcript shall be kept of a public 
hearing under this subsection. A copy of the transcript and written 
comments shall be available to the public at the cost of reproduction.
    (4) The Secretary shall publish a regulation prescribed under this 
subsection in the Federal Register with the decisions required under 
paragraph (1) of this subsection.
    (5) An officer or employee of a department, agency, or 
instrumentality of the Government violates section 1905 of title 18 by 
disclosing, except in an in camera proceeding by the Secretary or a 
court, information--
        (A) provided to the Secretary or the court during consideration 
    or review of a regulation prescribed under this subsection; and
        (B) decided by the Secretary to be confidential under section 
    11(d) of the Energy Supply and Environmental Coordination Act of 
    1974 (15 U.S.C. 796(d)).
    (d) Written Notice Requirement.--The Secretary shall impose a 
penalty under this section by written notice.

Sec. 32913. Compromising and remitting civil penalties

    (a) General Authority and Limitations.--The Secretary of 
Transportation may compromise or remit the amount of a civil penalty 
imposed under section 32912(a) or (b) of this title. However, the 
amount of a penalty imposed under section 32912(b) may be compromised 
or remitted only to the extent--
        (1) necessary to prevent the insolvency or bankruptcy of the 
    manufacturer of automobiles;
        (2) the manufacturer shows that the violation was caused by an 
    act of God, a strike, or a fire; or
        (3) the Federal Trade Commission certifies under subsection 
    (b)(1) of this section that a reduction in the penalty is necessary 
    to prevent a substantial lessening of competition.
    (b) Penalty Reduction by Commission.--(1) A manufacturer liable for 
a civil penalty under section 32912(b) of this title may apply to the 
Commission for a certification that the penalty should be reduced to 
prevent a substantial lessening of competition in the segment of the 
motor vehicle industry subject to the standard that was violated. The 
Commission shall make the certification when it finds that reduction is 
necessary to prevent the lessening. The Commission shall state in the 
certification the maximum amount by which the penalty may be reduced.
    (2) An application under this subsection must be made not later 
than 30 days after the Secretary decides that the manufacturer has 
violated section 32911(b) of this title. To the maximum extent 
practicable, the Commission shall make a decision on an application by 
the 90th day after the application is filed. A proceeding under this 
subsection may not delay the manufacturer's liability for the penalty 
for more than 90 days after the application is filed.
    (3) When a civil penalty is collected in a civil action under this 
chapter before a decision of the Commission under this subsection is 
final, the payment shall be paid to the court in which the action was 
brought. The court shall deposit the payment in the general fund of the 
Treasury on the 90th day after the decision of the Commission becomes 
final. When the court is holding payment of a penalty reduced under 
subsection (a)(3) of this section, the Secretary shall direct the court 
to remit the appropriate amount of the penalty to the manufacturer.

Sec. 32914. Collecting civil penalties

    (a) Civil Actions.--If a person does not pay a civil penalty after 
it becomes a final order of the Secretary of Transportation or a 
judgment of a court of appeals of the United States for a circuit, the 
Attorney General shall bring a civil action in an appropriate district 
court of the United States to collect the penalty. The validity and 
appropriateness of the final order imposing the penalty is not 
reviewable in the action.
    (b) Priority of Claims.--A claim of a creditor against a bankrupt 
or insolvent manufacturer of automobiles has priority over a claim of 
the United States Government against the manufacturer for a civil 
penalty under section 32912(b) of this title when the creditor's claim 
is for credit extended before a final judgment (without regard to 
section 32913(b)(1) and (2) of this title) in an action to collect 
under subsection (a) of this section.

Sec. 32915. Appealing civil penalties

    Any interested person may appeal a decision of the Secretary of 
Transportation to impose a civil penalty under section 32912(a) or (b) 
of this title, or of the Federal Trade Commission under section 
32913(b)(1) of this title, in the United States Court of Appeals for 
the District of Columbia Circuit or in the court of appeals of the 
United States for the circuit in which the person resides or has its 
principal place of business. A person appealing a decision must file a 
notice of appeal with the court not later than 30 days after the 
decision and, at the same time, send a copy of the notice by certified 
mail to the Secretary or the Commission. The Secretary or the 
Commission promptly shall file with the court a certified copy of the 
record of the proceeding in which the decision was made.

Sec. 32916. Reports to Congress

    (a) Annual Report.--Not later than January 15 of each year, the 
Secretary of Transportation shall submit to each House of Congress, and 
publish in the Federal Register, a report on the review by the 
Secretary of average fuel economy standards prescribed under this 
chapter.
    (b) Joint Examinations After Granting Exemptions.--(1) After an 
exemption has been granted under section 32904(b)(4) of this title, the 
Secretaries of Transportation and Labor shall conduct annually a joint 
examination of the extent to which section 32904(b)(4)--
        (A) achieves the purposes of this chapter;
        (B) improves fuel efficiency (thereby facilitating conservation 
    of petroleum and reducing petroleum imports);
        (C) has promoted employment in the United States related to 
    automobile manufacturing;
        (D) has not caused unreasonable harm to the automobile 
    manufacturing sector in the United States; and
        (E) has permitted manufacturers that have assembled passenger 
    automobiles deemed to be manufactured domestically under section 
    32904(b)(1)(A) of this title thereafter to assemble in the United 
    States passenger automobiles of the same model that have less than 
    75 percent of their value added in the United States or Canada, 
    together with the reasons.
    (2) The Secretary of Transportation shall include the results of 
the examination under paragraph (1) of this subsection in each report 
submitted under subsection (a) of this section more than 180 days after 
an exemption has been granted under section 32904(b)(4) of this title, 
or submit the results of the examination directly to Congress before 
the report is submitted when circumstances warrant.

Sec. 32917. Standards for executive agency automobiles

    (a) Definition.--In this section, ``executive agency'' has the same 
meaning given that term in section 105 of title 5.
    (b) Fleet Average Fuel Economy.--(1) The President shall prescribe 
regulations that require passenger automobiles leased for at least 60 
consecutive days or bought by executive agencies in a fiscal year to 
achieve a fleet average fuel economy (determined under paragraph (2) of 
this subsection) for that year of at least the greater of--
        (A) 18 miles a gallon; or
        (B) the applicable average fuel economy standard under section 
    32902(b) or (c) of this title for the model year that includes 
    January 1 of that fiscal year.
    (2) Fleet average fuel economy is--
        (A) the total number of passenger automobiles leased for at 
    least 60 consecutive days or bought by executive agencies in a 
    fiscal year (except automobiles designed for combat-related 
    missions, law enforcement work, or emergency rescue work); divided 
    by
        (B) the sum of the fractions obtained by dividing the number of 
    automobiles of each model leased or bought by the fuel economy of 
    that model.

Sec. 32918. Preemption

    (a) General.--When an average fuel economy standard prescribed 
under this chapter is in effect, a State or a political subdivision of 
a State may not adopt or enforce a law or regulation related to fuel 
economy standards or average fuel economy standards for automobiles 
covered by an average fuel economy standard under this chapter.
    (b) Requirements Must Be Identical.--When a requirement under 
section 32908 of this title is in effect, a State or a political 
subdivision of a State may adopt or enforce a law or regulation on 
disclosure of fuel economy or fuel operating costs for an automobile 
covered by section 32908 only if the law or regulation is identical to 
that requirement.
    (c) State and Political Subdivision Automobiles.--A State or a 
political subdivision of a State may prescribe requirements for fuel 
economy for automobiles obtained for its own use.

                     CHAPTER 331--THEFT PREVENTION

Sec.
33101.  Definitions.
33102.  Theft prevention standard for high theft lines.
33103.  Theft prevention standard for other lines.
33104.  Designation of high theft vehicle lines and parts.
33105.  Cost limitations.
33106.  Exemption for passenger motor vehicles equipped with anti-theft 
          devices.
33107.  Voluntary vehicle identification standards.
33108.  Monitoring compliance of manufacturers.
33109.  National Stolen Passenger Motor Vehicle Information System.
33110.  Verifications involving junk and salvage motor vehicles.
33111.  Verifications involving motor vehicle major parts.
33112.  Insurance reports and information.
33113.  Theft reports.
33114.  Prohibited acts.
33115.  Civil penalties and enforcement.
33116.  Confidentiality of information.
33117.  Judicial review.
33118.  Preemption of State and local law.

Sec. 33101. Definitions

    In this chapter--
        (1) ``chop shop'' means a building, lot, facility, or other 
    structure or premise at which at least one person engages in 
    receiving, concealing, destroying, disassembling, dismantling, 
    reassembling, or storing a passenger motor vehicle or passenger 
    motor vehicle part that has been unlawfully obtained--
            (A) to alter, counterfeit, deface, destroy, disguise, 
        falsify, forge, obliterate, or remove the identity of the 
        vehicle or part, including the vehicle identification number or 
        a derivative of that number; and
            (B) to distribute, sell, or dispose of the vehicle or part 
        in interstate or foreign commerce.
        (2) ``covered major part'' means a major part selected under 
    sections 33102(c)(1) and 33104 of this title for coverage by the 
    vehicle theft prevention standard prescribed under section 33102 or 
    33103.
        (3) ``existing line'' means a line introduced into commerce 
    before January 1, 1990.
        (4) ``first purchaser'' means the person making the first 
    purchase other than for resale.
        (5) ``line'' means a name that a manufacturer of motor vehicles 
    applies to a group of motor vehicle models of the same make that 
    have the same body or chassis, or otherwise are similar in 
    construction or design.
        (6) ``major part'' means--
            (A) the engine;
            (B) the transmission;
            (C) each door to the passenger compartment;
            (D) the hood;
            (E) the grille;
            (F) each bumper;
            (G) each front fender;
            (H) the deck lid, tailgate, or hatchback;
            (I) each rear quarter panel;
            (J) the trunk floor pan;
            (K) the frame or, for a unitized body, the supporting 
        structure serving as the frame; and
            (L) any other part of a passenger motor vehicle that the 
        Secretary of Transportation by regulation specifies as 
        comparable in design or function to any of the parts listed in 
        subclauses (A)-(K) of this clause.
        (7) ``major replacement part'' means a major part that is--
            (A) an original major part in or on a completed motor 
        vehicle and customized or modified after manufacture of the 
        vehicle but before the time of its delivery to the first 
        purchaser; or
            (B) not installed in or on a motor vehicle at the time of 
        its delivery to the first purchaser and the equitable or legal 
        title to the vehicle has not been transferred to a first 
        purchaser.
        (8) ``model year'' has the same meaning given that term in 
    section 32901(a) of this title.
        (9) ``new line'' means a line introduced into commerce after 
    December 31, 1989.
        (10) ``passenger motor vehicle'' includes a multipurpose 
    passenger vehicle or light duty truck when that vehicle or truck is 
    rated at not more than 6,000 pounds gross vehicle weight.
        (11) ``vehicle theft prevention standard'' means a minimum 
    performance standard for identifying major parts of new motor 
    vehicles and major replacement parts by inscribing or affixing 
    numbers or symbols on those parts.

Sec. 33102. Theft prevention standard for high theft lines

    (a) General.--(1) The Secretary of Transportation by regulation 
shall prescribe a vehicle theft prevention standard that conforms to 
the requirements of this chapter. The standard shall apply to--
        (A) covered major parts that manufacturers install in passenger 
    motor vehicles in lines designated under section 33104 of this 
    title as high theft lines; and
        (B) major replacement parts for the major parts described in 
    clause (A) of this paragraph.
    (2) The standard may apply only to--
        (A) major parts that manufacturers install in passenger motor 
    vehicles having a model year designation later than the calendar 
    year in which the standard takes effect; and
        (B) major replacement parts manufactured after the standard 
    takes effect.
    (b) Standard Requirements.--The standard shall be practicable and 
provide relevant objective criteria.
    (c) Limitations on Major Part and Replacement Part Standards.--(1) 
For a major part installed by the manufacturer of the motor vehicle, 
the standard may not require a part to have more than one 
identification.
    (2) For a major replacement part, the standard may not require--
        (A) identification of a part not designed as a replacement for 
    a major part required to be identified under the standard; or
        (B) the inscribing or affixing of identification except a 
    symbol identifying the manufacturer and a common symbol identifying 
    the part as a major replacement part.
    (d) Records and Reports.--This chapter does not authorize the 
Secretary to require a person to keep records or make reports, except 
as provided in sections 33104(c), 33106(c), 33108(a), and 33112 of this 
title.

Sec. 33103.  Theft prevention standard for other lines

    (a) General.--Not later than October 25, 1994, the Secretary of 
Transportation shall prescribe a vehicle theft standard that conforms 
to the requirements of this chapter for covered major parts that 
manufacturers install in passenger motor vehicles (except light duty 
trucks) in not more than 50 percent of the lines not designated under 
section 33104 of this title as high theft lines.
    (b) Extension of Application.--(1) Not later than 3 years after the 
standard is prescribed under subsection (a) of this section and based 
on the finding of the Attorney General under subsection (c) of this 
section to apply the standard, the Secretary shall apply that standard 
to covered major parts and major replacement parts for covered parts 
that manufacturers install in the lines of passenger motor vehicles 
(except light duty trucks)--
        (A) not designated under section 33104 of this title as high 
    theft lines; and
        (B) not covered by the standard prescribed under subsection (a) 
    of this section.
    (2) The Secretary shall include as part of the regulatory 
proceeding under this subsection the finding of, and the record 
developed by, the Attorney General under subsection (c) of this 
section.
    (c) Initial Review of Effectiveness.--Before the Secretary begins a 
regulatory proceeding under subsection (b) of this section, the 
Attorney General shall make a finding that the Secretary shall apply 
the standard prescribed under subsection (a) of this section unless the 
Attorney General finds, based on information collected and analyzed 
under section 33112 of this title and other information the Attorney 
General develops after providing notice and an opportunity for a public 
hearing, that applying the standard prescribed in subsection (a) to the 
remaining lines of passenger motor vehicles (except light duty trucks) 
not covered by that standard would not substantially inhibit chop shop 
operations and motor vehicle thefts. The Attorney General also shall 
consider and include in the record additional costs, effectiveness, 
competition, and available alternative factors. The Attorney General 
shall submit to the Secretary the finding and record on which the 
finding is based.
    (d) Long Range Review of Effectiveness.--(1) Not later than 
December 31, 1999, the Attorney General shall make separate findings, 
after notice and an opportunity for a public hearing, on the following:
        (A) whether the application of the standard under subsection 
    (a) or (b) of this subsection, or both, have been effective in 
    substantially inhibiting the operation of chop shops and motor 
    vehicle theft.
        (B) whether the anti-theft devices for which the Secretary has 
    granted exemptions under section 33106 of this title are an 
    effective substitute for parts marking in substantially inhibiting 
    motor vehicle theft.
    (2)(A) In making the finding under paragraph (1)(A) of this 
subsection, the Attorney General shall--
        (i) consider the additional cost, competition, and available 
    alternatives;
        (ii) base that finding on information collected and analyzed 
    under section 33112 of this title;
        (iii) consider the effectiveness, the extent of use, and the 
    extent to which civil and criminal penalties under section 33115(b) 
    of this title and section 2322 of title 18 on chop shops have been 
    effective in substantially inhibiting operation of chop shops and 
    motor vehicle theft;
        (iv) base that finding on the 3-year and 5-year reports issued 
    by the Secretary under section 33113 of this title; and
        (v) base that finding on other information the Attorney General 
    develops and includes in the public record.
    (B) The Attorney General shall submit a finding under paragraph 
(1)(A) of this subsection promptly to the Secretary. If the Attorney 
General finds that the application of the standard under subsection (a) 
or (b) of this section, or both, has not been effective, the Secretary 
shall issue, not later than 180 days after receiving that finding, an 
order terminating the standard the Attorney General found was 
ineffective. The termination is effective for the model year beginning 
after the order is issued.
    (3) In making a finding under paragraph (1)(B) of this subsection, 
the Secretary shall consider the additional cost, competition, and 
available alternatives. If the Attorney General finds that the anti-
theft devices are an effective substitute, the Secretary shall continue 
to grant exemptions under section 33106 of this title for the model 
years after model year 2000 at one of the following levels that the 
Attorney General decides: at the level authorized before October 25, 
1992, or at the level provided in section 33106(b)(2)(C) of this title 
for model year 2000.
    (e) Effective Date of Standard.--A standard prescribed under this 
section takes effect at least 6 months after the date the standard is 
prescribed, except that the Secretary may prescribe an earlier 
effective date if the Secretary--
        (1) decides with good cause that the earlier date is in the 
    public interest; and
        (2) publishes the reasons for the decision.
    (f) Notification of Congress.--The Secretary and the Attorney 
General shall inform the appropriate legislative committees of Congress 
with jurisdiction over this part and section 2322 of title 18 of 
actions taken or planned under this section.

Sec. 33104. Designation of high theft vehicle lines and parts

    (a) Designation, Nonapplication, Selection, and Procedures.--(1) 
For purposes of the standard under section 33102 of this title, the 
following are high theft lines:
        (A) a passenger motor vehicle line determined under subsection 
    (b) of this section to have had a new passenger motor vehicle theft 
    rate in the 2-year period covering calendar years 1990 and 1991 
    greater than the median theft rate for all new passenger motor 
    vehicle thefts in that 2-year period.
        (B) a passenger motor vehicle line initially introduced into 
    commerce in the United States after December 31, 1989, that is 
    selected under paragraph (3) of this subsection as likely to have a 
    theft rate greater than the median theft rate referred to in clause 
    (A) of this paragraph.
        (C) subject to paragraph (2) of this subsection, a passenger 
    motor vehicle line having (for existing lines) or likely to have 
    (for new lines) a theft rate below the median theft rate referred 
    to in clause (A) of this paragraph, if the major parts in the 
    vehicles are selected under paragraph (3) of this subsection as 
    interchangeable with the majority of the major parts that are 
    subject to the standard and are contained in the motor vehicles of 
    a line described in clause (A) or (B) of this paragraph.
    (2) The standard may not apply to any major part of a line 
described in paragraph (1)(C) of this subsection if all the passenger 
motor vehicles of lines that are, or are likely to be, below the median 
theft rate, and that contain parts interchangeable with the major parts 
of the line involved, account (for existing lines), or the Secretary of 
Transportation determines they are likely to account (for new lines), 
for more than 90 percent of the total annual production of all lines of 
that manufacturer containing those interchangeable parts.
    (3) The lines, and the major parts of the passenger motor vehicles 
in those lines, that are to be subject to the standard may be selected 
by agreement between the manufacturer and the Secretary. If the 
manufacturer and the Secretary disagree on the selection, the Secretary 
shall select the lines and parts, after notice to the manufacturer and 
opportunity for written comment, and subject to the confidentiality 
requirements of this chapter.
    (4) To the maximum extent practicable, the Secretary shall 
prescribe reasonable procedures designed to ensure that a selection 
under paragraph (3) of this subsection is made at least 6 months before 
the first applicable model year beginning after the selection.
    (5) A manufacturer may not be required to comply with the standard 
under a selection under paragraph (3) of this subsection for a model 
year beginning earlier than 6 months after the date of the selection.
    (6) A passenger motor vehicle line subject on October 25, 1992, to 
parts marking requirements under sections 602 and 603 of the Motor 
Vehicle Information and Cost Savings Act (Public Law 92-513, 86 Stat. 
947), as added by section 101(a) of the Motor Vehicle Theft Law 
Enforcement Act of 1984 (Public Law 98-547, 98 Stat. 2756), continues 
to be subject to the requirements of this section and section 33102 of 
this title unless the line is exempted under section 33106 of this 
title.
    (b) Determining Theft Rate for Passenger Vehicles.--(1) In this 
subsection, ``new passenger motor vehicle thefts'', when used in 
reference to a calendar year, means thefts in the United States in that 
year of passenger motor vehicles with the same model-year designation 
as that calendar year.
    (2) Under subsection (a) of this section, the theft rate for 
passenger motor vehicles of a line shall be determined by a fraction--
        (A) the numerator of which is the number of new passenger motor 
    vehicle thefts for that line during the 2-year period referred to 
    in subsection (a)(1)(A) of this section; and
        (B) the denominator of which is the sum of the respective 
    production volumes of all passenger motor vehicles of that line (as 
    reported to the Administrator of the Environmental Protection 
    Agency under chapter 329 of this title) that are of model years 
    1990 and 1991 and are distributed for sale in commerce in the 
    United States.
    (3) Under subsection (a) of this section, the median theft rate for 
all new passenger motor vehicle thefts during that 2-year period is the 
theft rate midway between the highest and the lowest theft rates 
determined under paragraph (2) of this subsection. If there is an even 
number of theft rates determined under paragraph (2), the median theft 
rate is the arithmetic average of the 2 adjoining theft rates midway 
between the highest and the lowest of those theft rates.
    (4) In consultation with the Director of the Federal Bureau of 
Investigation, the Secretary periodically shall obtain from the most 
reliable source accurate and timely theft and recovery information and 
publish the information for review and comment. To the greatest extent 
possible, the Secretary shall use theft information reported by United 
States Government, State, and local police. After publication and 
opportunity for comment, the Secretary shall use the theft information 
to determine the median theft rate under this subsection. The Secretary 
and the Director shall take any necessary actions to improve the 
accuracy, reliability, and timeliness of the information, including 
ensuring that vehicles represented as stolen are really stolen.
    (5) The Secretary periodically (but not more often than once every 
2 years) may redetermine and prescribe by regulation the median theft 
rate under this subsection.
    (c) Providing Information.--The Secretary by regulation shall 
require each manufacturer to provide information necessary to select 
under subsection (a)(3) of this section the high theft lines and the 
major parts to be subject to the standard.
    (d) Application.--Except as provided in section 33106 of this 
title, the Secretary may not make the standard inapplicable to a line 
that has been subject to the standard.

Sec. 33105. Cost limitations

    (a) Maximum Manufacturer Costs.--A standard under section 33102 or 
33103 of this title may not impose--
        (1) on a manufacturer of motor vehicles, compliance costs of 
    more than $15 a motor vehicle; or
        (2) on a manufacturer of major replacement parts, compliance 
    costs for each part of more than the reasonable amount (but less 
    than $15) that the Secretary of Transportation specifies in the 
    standard.
    (b) Costs Involved in Engines and Transmissions.--For a 
manufacturer engaged in identifying engines or transmissions on October 
25, 1984, in a way that substantially complies with the standard--
        (1) the costs of identifying engines and transmissions may not 
    be considered in calculating the manufacturer's costs under 
    subsection (a) of this section; and
        (2) the manufacturer may not be required under the standard to 
    conform to any identification system for engines and transmissions 
    that imposes greater costs on the manufacturer than are incurred 
    under the identification system used by the manufacturer on October 
    25, 1984.
    (c) Cost Adjustments.--(1) In this subsection--
        (A) ``base period'' means calendar year 1984.
        (B) ``price index'' means the average over a calendar year of 
    the Consumer Price Index (all items--United States city average) 
    published monthly by the Secretary of Labor.
    (2) At the beginning of each calendar year, as necessary data 
become available from the Bureau of Labor Statistics, the Secretary of 
Labor shall certify to the Secretary of Transportation and publish in 
the Federal Register the percentage difference between the price index 
for the 12 months before the beginning of the calendar year and the 
price index for the base period. For model years beginning in that 
calendar year, the amounts specified in subsection (a) of this section 
shall be adjusted by the percentage difference.

Sec. 33106. Exemption for passenger motor vehicles equipped with anti-
            theft devices

    (a) Definitions.--In this section--
        (1) ``anti-theft device'' means a device to reduce or deter 
    theft that--
            (A) is in addition to the theft-deterrent devices required 
        by motor vehicle safety standard numbered 114 in section 
        571.114 of title 49, Code of Federal Regulations;
            (B) the manufacturer believes will be effective in reducing 
        or deterring theft of motor vehicles; and
            (C) does not use a signaling device reserved by State law 
        for use on police, emergency, or official vehicles, or on 
        schoolbuses.
        (2) ``standard equipment'' means equipment already installed in 
    a motor vehicle when it is delivered from the manufacturer and not 
    an accessory or other item that the first purchaser customarily has 
    the option to have installed.
    (b) Granting Exemptions and Limitations.--(1) A manufacturer may 
petition the Secretary of Transportation for an exemption from a 
requirement of a standard prescribed under section 33102 or 33103 of 
this title for a line of passenger motor vehicles equipped as standard 
equipment with an anti-theft device that the Secretary decides is 
likely to be as effective in reducing and deterring motor vehicle theft 
as compliance with the standard.
    (2) The Secretary may grant an exemption--
        (A) for model year 1987, for not more than 2 lines of a 
    manufacturer;
        (B) for each of the model years 1988-1996, for not more than 2 
    additional lines of a manufacturer;
        (C) for each of the model years 1997-2000, for not more than 
    one additional line of a manufacturer; and
        (D) for each of the model years after model year 2000, for the 
    number of lines that the Attorney General decides under section 
    33103(d)(3) of this title.
    (3) An additional exemption granted under subparagraph (2)(B) or 
(C) of this paragraph does not affect an exemption previously granted.
    (c) Petitioning Procedure.--A petition must be filed not later than 
8 months before the start of production for the first model year 
covered by the petition. The petition must include--
        (1) a detailed description of the device;
        (2) the reasons for the manufacturer's conclusion that the 
    device will be effective in reducing and deterring theft of motor 
    vehicles; and
        (3) additional information the Secretary reasonably may require 
    to make the decision described in subsection (b)(1) of this 
    section.
    (d) Decisions and Approvals.--The Secretary shall make a decision 
about a petition filed under this section not later than 120 days after 
the date the petition is filed. A decision approving a petition must be 
based on substantial evidence. The Secretary may approve a petition in 
whole or in part. If the Secretary does not make a decision within the 
120-day period, the petition shall be deemed to be approved and the 
manufacturer shall be exempt from the standard for the line covered by 
the petition for the subsequent model year.
    (e) Rescissions.--The Secretary may rescind an exemption if the 
Secretary decides that the anti-theft device has not been as effective 
in reducing and deterring motor vehicle theft as compliance with the 
standard. A rescission may be effective only--
        (1) for a model year after the model year in which the 
    rescission occurs; and
        (2) at least 6 months after the manufacturer receives written 
    notice of the rescission from the Secretary.

Sec. 33107. Voluntary vehicle identification standards

    (a) Election To Inscribe or Affix Identifying Marks.--The Secretary 
of Transportation by regulation may prescribe a vehicle theft 
prevention standard under which a person may elect to inscribe or affix 
an identifying number or symbol on major parts of a motor vehicle 
manufactured or owned by the person for purposes of section 511 of 
title 18 and related provisions. The standard may include provisions 
for registration of the identification with the Secretary or a person 
designated by the Secretary.
    (b) Standard Requirements.--The standard under this section shall 
be practicable and provide relevant objective criteria.
    (c) Voluntary Compliance.--Compliance with the standard under this 
section is voluntary. Failure to comply does not subject a person to a 
penalty or enforcement under this chapter.
    (d) Compliance With Other Standards.--Compliance with the standard 
under this section does not relieve a manufacturer from a requirement 
of a standard prescribed under section 33102 or 33103 of this title.

Sec. 33108. Monitoring compliance of manufacturers

    (a) Records, Reports, Information, and Inspection.--To enable the 
Secretary of Transportation to decide whether a manufacturer of motor 
vehicles containing a part subject to a standard prescribed under 
section 33102 or 33103 of this title, or a manufacturer of major 
replacement parts subject to the standard, is complying with this 
chapter and the standard, the Secretary may require the manufacturer 
to--
        (1) keep records;
        (2) make reports;
        (3) provide items and information; and
        (4) allow an officer or employee designated by the Secretary to 
    inspect the vehicles and parts and relevant records of the 
    manufacturer.
    (b) Entry and Inspection.--To enforce this chapter, an officer or 
employee designated by the Secretary, on presenting appropriate 
credentials and a written notice to the owner, operator, or agent in 
charge, may inspect a facility in which motor vehicles containing major 
parts subject to the standard, or major replacement parts subject to 
the standard, are manufactured, held for introduction into interstate 
commerce, or held for sale after introduction into interstate commerce. 
An inspection shall be conducted at a reasonable time, in a reasonable 
way, and with reasonable promptness.
    (c) Certification of Compliance.--(1) A manufacturer of a motor 
vehicle subject to the standard, and a manufacturer of a major 
replacement part subject to the standard, shall provide at the time of 
delivery of the vehicle or part a certification that the vehicle or 
part conforms to the applicable motor vehicle theft prevention 
standard. The certification shall accompany the vehicle or part until 
its delivery to the first purchaser. The Secretary by regulation may 
prescribe the type and form of the certification.
    (2) This subsection does not apply to a motor vehicle or major 
replacement part that is--
        (A) intended only for export;
        (B) labeled only for export on the vehicle or replacement part 
    and the outside of any container until exported; and
        (C) exported.
    (d) Notification of Error.--A manufacturer shall notify the 
Secretary if the manufacturer discovers that--
        (1) there is an error in the identification (required by the 
    standard) applied to a major part installed by the manufacturer in 
    a motor vehicle during its assembly, or to a major replacement part 
    manufactured by the manufacturer; and
        (2) the motor vehicle or major replacement part has entered 
    interstate commerce.

Sec. 33109.  National Stolen Passenger Motor Vehicle Information System

    (a) General Requirements.--(1) Not later than July 25, 1993, the 
Attorney General shall establish, and thereafter maintain, a National 
Stolen Passenger Motor Vehicle Information System containing the 
vehicle identification numbers of stolen passenger motor vehicles and 
stolen passenger motor vehicle parts. The System shall be located in 
the National Crime Information Center and shall include at least the 
following information on each passenger motor vehicle reported to a law 
enforcement authority as stolen and not recovered:
        (A) the vehicle identification number.
        (B) the make and model year.
        (C) the date on which the vehicle was reported as stolen.
        (D) the location of the law enforcement authority that received 
    the report of the theft of the vehicle.
        (E) the identification numbers of the vehicle parts (or 
    derivatives of those numbers), at the time of the theft, if those 
    numbers are different from the vehicle identification number of the 
    vehicle.
    (2) In establishing the System, the Attorney General shall consult 
with--
        (A) State and local law enforcement authorities; and
        (B) the National Crime Information Center Policy Advisory Board 
    to ensure the security of the information in the System and that 
    the System will not compromise the security of stolen passenger 
    motor vehicle and passenger motor vehicle parts information in the 
    System.
    (3) If the Attorney General decides that the Center is not able to 
perform the functions of the System, the Attorney General shall make an 
agreement for the operation of the System separate from the Center.
    (4) The Attorney General shall prescribe by regulation the 
effective date of the System.
    (b) Requests for Information.--(1) The Attorney General shall 
prescribe by regulation procedures under which an individual or entity 
intending to transfer a passenger motor vehicle or passenger motor 
vehicle part may obtain information on whether the vehicle or part is 
listed in the System as stolen.
    (2) On request of an insurance carrier, a person lawfully selling 
or distributing passenger motor vehicle parts in interstate commerce, 
or an individual or enterprise engaged in the business of repairing 
passenger motor vehicles, the Attorney General (or the entity the 
Attorney General designates) immediately shall inform the insurance 
carrier, person, individual, or enterprise whether the System has a 
record of a vehicle or vehicle part with a particular vehicle 
identification number (or derivative of that number) being reported as 
stolen. The Attorney General may require appropriate verification to 
ensure that the request is legitimate and will not compromise the 
security of the System.
    (c) Advisory Committee.--(1) Not later than December 24, 1992, the 
Attorney General shall establish in the Department of Justice an 
advisory committee. The Attorney General shall develop the System with 
the advice and recommendations of the committee.
    (2)(A) The committee is composed of the following 10 members:
        (i) the Attorney General.
        (ii) the Secretary of Transportation.
        (iii) one individual who is qualified to represent the 
    interests of the law enforcement community at the State level.
        (iv) one individual who is qualified to represent the interests 
    of the law enforcement community at the local level.
        (v) one individual who is qualified to represent the interests 
    of the automotive recycling industry.
        (vi) one individual who is qualified to represent the interests 
    of the automotive repair industry.
        (vii) one individual who is qualified to represent the 
    interests of the automotive rebuilders industry.
        (viii) one individual who is qualified to represent the 
    interests of the automotive parts suppliers industry.
        (ix) one individual who is qualified to represent the interests 
    of the insurance industry.
        (x) one individual who is qualified to represent the interests 
    of consumers.
    (B) The Attorney General shall appoint the individuals described in 
subparagraph (A)(iii)-(x) of this paragraph and shall serve as chairman 
of the committee.
    (3) The committee shall make recommendations on developing and 
carrying out--
        (A) the National Stolen Passenger Motor Vehicle Information 
    System; and
        (B) the verification system under section 33110 of this title.
    (4) Not later than April 25, 1993, the committee shall submit to 
the Attorney General, the Secretary, and Congress a report including 
the recommendations of the committee.

Sec. 33110. Verifications involving junk and salvage motor vehicles

    (a) Definition.--In this section, ``vehicle identification number'' 
means a unique identification number (or derivative of that number) 
assigned to a passenger motor vehicle by a manufacturer in compliance 
with applicable regulations.
    (b) General Requirements.--(1) If an insurance carrier selling 
comprehensive motor vehicle insurance coverage obtains possession of 
and transfers a junk motor vehicle or a salvage motor vehicle, the 
carrier shall--
        (A) under procedures the Attorney General prescribes by 
    regulation under section 33109 of this title in consultation with 
    the Secretary of Transportation, verify whether the vehicle is 
    reported as stolen; and
        (B) provide the purchaser or transferee of the vehicle from the 
    insurance carrier verification identifying the vehicle 
    identification number and verifying that the vehicle has not been 
    reported as stolen or, if reported as stolen, that the carrier has 
    recovered the vehicle and has proper legal title to the vehicle.
    (2)(A) This subsection does not prohibit an insurance carrier from 
transferring a motor vehicle if, within a reasonable period of time 
during normal business operations (as decided by the Attorney General 
under section 33109 of this title) using reasonable efforts, the 
carrier--
        (i) has not been informed under the procedures prescribed in 
    section 33109 of this title that the vehicle has not been reported 
    as stolen; or
        (ii) has not otherwise established whether the vehicle has been 
    reported as stolen.
    (B) When a carrier transfers a motor vehicle for which the carrier 
has not established whether the vehicle has been reported as stolen, 
the carrier shall provide written certification to the transferee that 
the carrier has not established whether the vehicle has been reported 
as stolen.
    (c) Regulations.--In consultation with the Secretary, the Attorney 
General shall prescribe regulations necessary to ensure that 
verification performed and provided by an insurance carrier under 
subsection (b)(1)(B) of this section is uniform, effective, and 
resistant to fraudulent use.

Sec. 33111.  Verifications involving motor vehicle major parts

    (a) General Requirements.--A person engaged in the business of 
salvaging, dismantling, recycling, or repairing passenger motor 
vehicles may not knowingly sell in commerce or transfer or install a 
major part marked with an identification number without--
        (1) first establishing, through a procedure the Attorney 
    General by regulation prescribes in consultation with the Secretary 
    of Transportation under section 33109 of this title, that the major 
    part has not been reported as stolen; and
        (2) providing the purchaser or transferee with a verification--
            (A) identifying the vehicle identification number (or 
        derivative of that number) of that major part; and
            (B) verifying that the major part has not been reported as 
        stolen.
    (b) Nonapplication.--(1) Subsection (a) of this section does not 
apply to a person that--
        (A) is the manufacturer of the major part;
        (B) has purchased the major part directly from the 
    manufacturer; or
        (C) has received a verification from an insurance carrier under 
    section 33110 of this title that the motor vehicle from which the 
    major part is derived has not been reported as stolen, or that the 
    carrier has not established whether that vehicle has been stolen.
    (2) A person described under paragraph (1)(C) of this subsection 
that subsequently transfers or sells in commerce the motor vehicle or a 
major part of the vehicle shall provide the verification received from 
the carrier to the person to whom the vehicle or part is transferred or 
sold.
    (c) Regulations.--The Attorney General shall prescribe regulations 
to carry out this section. The regulations shall include regulations 
prescribed in consultation with the Secretary that are necessary to 
ensure that a verification a person provides under subsection (a)(2) of 
this section is uniform, effective, and resistant to fraudulent use.

Sec. 33112. Insurance reports and information

    (a) Purposes.--The purposes of this section are--
        (1) to prevent or discourage the theft of motor vehicles, 
    particularly those stolen for the removal of certain parts;
        (2) to prevent or discourage the sale and distribution in 
    interstate commerce of used parts that are removed from those 
    vehicles; and
        (3) to help reduce the cost to consumers of comprehensive 
    insurance coverage for motor vehicles.
    (b) Definitions.--In this section--
        (1) ``insurer'' includes a person (except a governmental 
    authority) having a fleet of at least 20 motor vehicles that are 
    used primarily for rental or lease and are not covered by a theft 
    insurance policy issued by an insurer of passenger motor vehicles.
        (2) ``motor vehicle'' includes a truck, a multipurpose 
    passenger vehicle, and a motorcycle.
    (c) Annual Information Requirement.--(1) An insurer providing 
comprehensive coverage for motor vehicles shall provide annually to the 
Secretary of Transportation information on--
        (A) the thefts and recoveries (in any part) of motor vehicles;
        (B) the number of vehicles that have been recovered intact;
        (C) the rating rules and plans, such as loss information and 
    rating characteristics, used by the insurer to establish premiums 
    for comprehensive coverage, including the basis for the premiums, 
    and premium penalties for motor vehicles considered by the insurer 
    as more likely to be stolen;
        (D) the actions taken by the insurer to reduce the premiums, 
    including changing rate levels for comprehensive coverage because 
    of a reduction in thefts of motor vehicles;
        (E) the actions taken by the insurer to assist in deterring or 
    reducing thefts of motor vehicles; and
        (F) other information the Secretary requires to carry out this 
    chapter and to make the report and findings required by this 
    chapter.
    (2) The information on thefts and recoveries shall include an 
explanation on how the information is obtained, the accuracy and 
timeliness of the information, and the use made of the information, 
including the extent and frequency of reporting the information to 
national, public, and private entities such as the Federal Bureau of 
Investigation and State and local police.
    (d) Reports on Reduced Claims Payments.--An insurer shall report 
promptly in writing to the Secretary if the insurer, in paying a claim 
under an adjustment or negotiation between the insurer and the insured 
for a stolen motor vehicle--
        (1) reduces the payment to the insured by the amount of the 
    value, salvage or otherwise, of a recovered part subject to a 
    standard prescribed under section 33102 or 33103 of this title; and
        (2) the reduction is not made at the express election of the 
    insured.
    (e) General Exemptions.--The Secretary shall exempt from this 
section, for one or more years, an insurer that the Secretary decides 
should be exempted because--
        (1) the cost of preparing and providing the information is 
    excessive in relation to the size of the insurer's business; and
        (2) the information from that insurer will not contribute 
    significantly to carrying out this chapter.
    (f) Small Insurer Exemptions.--(1) In this subsection, ``small 
insurer'' means an insurer whose premiums for motor vehicle insurance 
issued directly or through an affiliate, including a pooling 
arrangement established under State law or regulation for the issuance 
of motor vehicle insurance, account for--
        (A) less than one percent of the total premiums for all forms 
    of motor vehicle insurance issued by insurers in the United States; 
    and
        (B) less than 10 percent of the total premiums for all forms of 
    motor vehicle insurance issued by insurers in any State.
    (2) The Secretary shall exempt by regulation a small insurer from 
this section if the Secretary finds that the exemption will not 
significantly affect the validity or usefulness of the information 
collected and compiled under this section, nationally or State-by-
State. However, the Secretary may not exempt an insurer under this 
paragraph that is considered an insurer only because of subsection 
(b)(1) of this section.
    (3) Regulations under this subsection shall provide that 
eligibility as a small insurer shall be based on the most recent 
calendar year for which adequate information is available, and that, 
once attained, the eligibility shall continue without further 
demonstration of eligibility for one or more years, as the Secretary 
considers appropriate.
    (g) Prescribed Form.--Information required by this section shall be 
provided in the form the Secretary prescribes.
    (h) Periodic Compilations.--Subject to section 552 of title 5, the 
Secretary periodically shall compile and publish information obtained 
by the Secretary under this section, in a form that will be helpful to 
the public, the police, and Congress.
    (i) Consultation.--In carrying out this section, the Secretary 
shall consult with public and private agencies and associations the 
Secretary considers appropriate.

Sec. 33113. Theft reports

    (a) Truck, Multipurpose Passenger Vehicle, and Motorcycle Report.--
Not later than October 25, 1995, the Secretary of Transportation shall 
submit a report to Congress that includes--
        (1) information on the number of trucks, multipurpose passenger 
    vehicles, and motorcycles distributed for sale in interstate 
    commerce that are stolen and recovered annually, compiled by model, 
    make, and line;
        (2) information on the extent to which trucks, multipurpose 
    passenger vehicles, and motorcycles stolen annually are dismantled 
    to recover parts or are exported;
        (3) a description of the market for the stolen parts;
        (4) information on the premiums charged by insurers of 
    comprehensive coverage of trucks, multipurpose passenger vehicles, 
    or motorcycles, including any increase in the premiums charged 
    because any of those motor vehicles is a likely candidate for 
    theft;
        (5) an assessment of whether the identification of parts of 
    trucks, multipurpose passenger vehicles, and motorcycles is 
    likely--
            (A) to decrease the theft rate of those motor vehicles;
            (B) to increase the recovery rate of those motor vehicles;
            (C) to decrease the trafficking in stolen parts of those 
        motor vehicles;
            (D) to stem the export and import of those stolen motor 
        vehicles or parts; or
            (E) to have benefits greater than the costs of the 
        identification; and
        (6) recommendations on whether, and to what extent, the 
    identification of trucks, multipurpose passenger vehicles, and 
    motorcycles should be required by law.
    (b) Motor Vehicle Report.--Not later than October 25, 1997, the 
Secretary shall submit a report to Congress that includes--
        (1) information on--
            (A) the methods and procedures used by public and private 
        entities to collect, compile, and disseminate information on 
        the theft and recovery of motor vehicles, including classes of 
        motor vehicles; and
            (B) the reliability and timeliness of the information and 
        how the information can be improved;
        (2) information on the number of motor vehicles distributed for 
    sale in interstate commerce that are stolen and recovered annually, 
    compiled by class, model, make, and line;
        (3) information on the extent to which motor vehicles stolen 
    annually are dismantled to recover parts or are exported;
        (4) a description of the market for the stolen parts;
        (5) information on--
            (A) the costs to manufacturers and purchasers of passenger 
        motor vehicles of compliance with the standards prescribed 
        under this chapter;
            (B) the beneficial impacts of the standards and the 
        monetary value of the impacts; and
            (C) the extent to which the monetary value is greater than 
        the costs;
        (6) information on the experience of officials of the United 
    States Government, States, and localities in--
            (A) making arrests and successfully prosecuting persons for 
        violating a law set forth in title II or III of the Motor 
        Vehicle Theft Law Enforcement Act of 1984;
            (B) preventing or reducing the number and rate of thefts of 
        motor vehicles that are dismantled for parts subject to this 
        chapter; and
            (C) preventing or reducing the availability of used parts 
        that are stolen from motor vehicles subject to this chapter;
        (7) information on the premiums charged by insurers of 
    comprehensive coverage of motor vehicles subject to this chapter, 
    including any increase in the premiums charged because a motor 
    vehicle is a likely candidate for theft, and the extent to which 
    the insurers have reduced for the benefit of consumers the 
    premiums, or foregone premium increases, because of this chapter;
        (8) information on the adequacy and effectiveness of laws of 
    the United States and the States aimed at preventing the 
    distribution and sale of used parts that have been removed from 
    stolen motor vehicles and the adequacy of systems available to 
    enforcement personnel for tracing parts to determine if they have 
    been stolen from a motor vehicle;
        (9) an assessment of whether the identification of parts of 
    other classes of motor vehicles is likely--
            (A) to decrease the theft rate of those vehicles;
            (B) to increase the recovery rate of those vehicles;
            (C) to decrease the trafficking in stolen parts of those 
        vehicles;
            (D) to stem the export and import of those stolen vehicles, 
        parts, or components; or
            (E) to have benefits greater than the costs of the 
        identification; and
        (10) other relevant and reliable information available to the 
    Secretary about the impact, including the beneficial impact, of the 
    laws set forth in titles II and III of the Motor Vehicle Theft Law 
    Enforcement Act of 1984 on law enforcement, consumers, and 
    manufacturers; and
        (11) recommendations (including, as appropriate, legislative 
    and administrative recommendations) for--
            (A) continuing without change the standards prescribed 
        under this chapter;
            (B) amending this chapter to cover more or fewer lines of 
        passenger motor vehicles;
            (C) amending this chapter to cover other classes of motor 
        vehicles; or
            (D) ending the standards for all future motor vehicles.
    (c) Bases of Reports.--(1) The reports under subsections (a) and 
(b) of this section each shall be based on--
        (A) information reported under this chapter by insurers of 
    motor vehicles and manufacturers of motor vehicles and major 
    replacement parts;
        (B) information provided by the Federal Bureau of 
    Investigation;
        (C) experience obtained in carrying out this chapter;
        (D) experience of the Government under the laws set forth in 
    titles II and III of the Motor Vehicle Theft Law Enforcement Act of 
    1984; and
        (E) other relevant and reliable information available to the 
    Secretary.
    (2) In preparing each report, the Secretary shall consult with the 
Attorney General and State and local law enforcement officials, as 
appropriate.
    (3) The report under subsection (b) of this section shall--
        (A) cover a period of at least 4 years after the standards 
    required by this chapter are prescribed; and
        (B) reflect any information, as appropriate, from the report 
    under subsection (a) of this section, updated from the date of the 
    report.
    (4) At least 90 days before submitting each report to Congress, the 
Secretary shall publish a proposed report for public review and an 
opportunity of at least 45 days for written comment. The Secretary 
shall consider those comments in preparing the report to be submitted 
and include a summary of the comments with the submitted report.

Sec. 33114. Prohibited acts

    (a) General.--A person may not--
        (1) manufacture for sale, sell, offer for sale, introduce or 
    deliver for introduction in interstate commerce, or import into the 
    United States, a motor vehicle or major replacement part subject to 
    a standard prescribed under section 33102 or 33103 of this title, 
    unless it conforms to the standard;
        (2) fail to comply with a regulation prescribed by the 
    Secretary of Transportation or Attorney General under this chapter;
        (3) fail to keep specified records, refuse access to or copying 
    of records, fail to make reports or provide items or information, 
    or fail or refuse to allow entry or inspection, as required by this 
    chapter;
        (4) fail to provide the certification required by section 
    33108(c) of this title, or provide a certification that the person 
    knows, or in the exercise of reasonable care has reason to know, is 
    false or misleading in a material respect; or
        (5) knowingly--
            (A) own, operate, maintain, or control a chop shop;
            (B) conduct operations in a chop shop; or
            (C) transport a passenger motor vehicle or passenger motor 
        vehicle part to or from a chop shop.
    (b) Nonapplication.--Subsection (a)(1) of this section does not 
apply to a person establishing that in the exercise of reasonable care 
the person did not have reason to know that the motor vehicle or major 
replacement part was not in conformity with the standard.

Sec. 33115. Civil penalties and enforcement

    (a) General Penalty and Civil Actions To Collect.--(1) A person 
that violates section 33114(a)(1)-(4) of this title is liable to the 
United States Government for a civil penalty of not more than $1,000 
for each violation. The failure of more than one part of a single motor 
vehicle to conform to an applicable standard under section 33102 or 
33103 of this title is only a single violation. The maximum penalty 
under this subsection for a related series of violations is $250,000.
    (2) The Secretary of Transportation imposes a civil penalty under 
this subsection. The Secretary may compromise the amount of a penalty.
    (3) In determining the amount of a civil penalty or compromise 
under this subsection, the Secretary shall consider the size of the 
person's business and the gravity of the violation.
    (4) The Attorney General shall bring a civil action in a United 
States district court to collect a civil penalty imposed under this 
subsection.
    (5) The Government may deduct the amount of a civil penalty imposed 
or compromised under this subsection from amounts it owes the person 
liable for the penalty.
    (b) Chop Shop Penalty and Enforcement.--(1) A person that violates 
section 33114(a)(5) of this title is liable to the Government for a 
civil penalty of not more than $100,000 a day for each violation.
    (2) As appropriate and in consultation with the Attorney General, 
the Secretary shall--
        (A) bring a civil action for a temporary or permanent 
    injunction to restrain a person violating section 33114(a)(5) of 
    this section;
        (B) impose and recover the penalty described in paragraph (1) 
    of this subsection; or
        (C) take both the actions described in clauses (A) and (B) of 
    this paragraph.
    (c) Civil Actions To Enforce.--(1) The Attorney General may bring a 
civil action in a United States district court to enjoin a violation of 
this chapter or the sale, offer for sale, introduction or delivery for 
introduction in interstate commerce, or importation into the United 
States, of a passenger motor vehicle containing a major part, or of a 
major replacement part, that is subject to the standard and is 
determined before the sale of the vehicle or part to a first purchaser 
not to conform to the standard.
    (2)(A) When practicable, the Secretary--
        (i) shall notify a person against whom an action under this 
    subsection is planned;
        (ii) shall give the person an opportunity to present that 
    person's views; and
        (iii) except for a knowing and willful violation, shall give 
    the person a reasonable opportunity to comply.
    (B) The failure of the Secretary to comply with subparagraph (A) of 
this paragraph does not prevent a court from granting appropriate 
relief.
    (d) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under subsection 
(c) of this section, the violation of which is also a violation of this 
chapter, the defendant may demand a jury trial. The defendant shall be 
tried as provided in rule 42(b) of the Federal Rules of Criminal 
Procedure (18 App. U.S.C.).
    (e) Venue.--A civil action under subsection (a) or (c) of this 
section may be brought in the judicial district in which the violation 
occurred or the defendant resides, is found, or transacts business. 
Process in the action may be served in any other judicial district in 
which the defendant resides or is found. A subpena for a witness in the 
action may be served in any judicial district.

Sec. 33116. Confidentiality of information

    (a) General.--Information obtained by the Secretary of 
Transportation under this chapter related to a confidential matter 
referred to in section 1905 of title 18 may be disclosed only--
        (1) to another officer or employee of the United States 
    Government for use in carrying out this chapter; or
        (2) in a proceeding under this chapter (except a proceeding 
    under section 33104(a)(3)).
    (b) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.

Sec. 33117. Judicial review

    A person that may be adversely affected by a regulation prescribed 
under this chapter may obtain judicial review of the regulation under 
section 32909 of this title. A remedy under this section is in addition 
to any other remedies provided by law.

Sec. 33118. Preemption of State and local law

    When a motor vehicle theft prevention standard prescribed under 
section 33102 or 33103 of this title is in effect, a State or political 
subdivision of a State may not have a different motor vehicle theft 
prevention standard for a motor vehicle or major replacement part.

                    SUBTITLE VII--AVIATION PROGRAMS

                     PART A--AIR COMMERCE AND SAFETY

                           SUBPART I--GENERAL

Chapter                                                             Sec.

GENERAL PROVISIONS.................................................40101

                     SUBPART II--ECONOMIC REGULATION

AIR CARRIER CERTIFICATES...........................................41101
FOREIGN AIR TRANSPORTATION.........................................41301
PRICING............................................................41501
OPERATIONS OF CARRIERS.............................................41701
TRANSPORTATION OF MAIL.............................................41901
LABOR-MANAGEMENT PROVISIONS........................................42101

                           SUBPART III--SAFETY

REGISTRATION AND RECORDATION OF AIRCRAFT...........................44101
INSURANCE..........................................................44301
FACILITIES, PERSONNEL, AND RESEARCH................................44501
SAFETY REGULATION..................................................44701
SECURITY...........................................................44901
ALCOHOL AND CONTROLLED SUBSTANCES TESTING..........................45101
FEES...............................................................45301

                  SUBPART IV--ENFORCEMENT AND PENALTIES

INVESTIGATIONS AND PROCEEDINGS.....................................46101
PENALTIES..........................................................46301
SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES.................46501

                  PART B--AIRPORT DEVELOPMENT AND NOISE

AIRPORT DEVELOPMENT................................................47101
INTERNATIONAL AIRPORT FACILITIES...................................47301
NOISE..............................................................47501

                            PART C--FINANCING

AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS.......................48101

                          PART D--MISCELLANEOUS

BUY-AMERICAN PREFERENCES...........................................49101

                    PART A--AIR COMMERCE AND SAFETY

                           SUBPART I--GENERAL

                    CHAPTER 401--GENERAL PROVISIONS

Sec.
40101.  Policy.
40102.  Definitions.
40103.  Sovereignty and use of airspace.
40104.  Promotion of civil aeronautics and air commerce.
40105.  International negotiations, agreements, and obligations.
40106.  Emergency powers.
40107.  Presidential transfers.
40108.  Training schools.
40109.  Authority to exempt.
40110.  General procurement authority.
40111.  Multiyear procurement contracts for services and related items.
40112.  Multiyear procurement contracts for property.
40113.  Administrative.
40114.  Reports and records.
40115.  Withholding information.
40116.  State taxation.
40117.  Passenger facility fees.
40118.  Government-financed air transportation.
40119.  Security and research and development activities.
40120.  Relationship to other laws.

Sec. 40101. Policy

    (a) Economic Regulation.--In carrying out subpart II of this part 
and those provisions of subpart IV applicable in carrying out subpart 
II, the Secretary of Transportation shall consider the following 
matters, among others, as being in the public interest and consistent 
with public convenience and necessity:
        (1) assigning and maintaining safety as the highest priority in 
    air commerce.
        (2) before authorizing new air transportation services, 
    evaluating the safety implications of those services.
        (3) preventing deterioration in established safety procedures, 
    recognizing the clear intent, encouragement, and dedication of 
    Congress to further the highest degree of safety in air 
    transportation and air commerce, and to maintain the safety 
    vigilance that has evolved in air transportation and air commerce 
    and has come to be expected by the traveling and shipping public.
        (4) the availability of a variety of adequate, economic, 
    efficient, and low-priced services without unreasonable 
    discrimination or unfair or deceptive practices.
        (5) coordinating transportation by, and improving relations 
    among, air carriers, and encouraging fair wages and working 
    conditions.
        (6) placing maximum reliance on competitive market forces and 
    on actual and potential competition--
            (A) to provide the needed air transportation system; and
            (B) to encourage efficient and well-managed air carriers to 
        earn adequate profits and attract capital, considering any 
        material differences between interstate air transportation and 
        foreign air transportation.
        (7) developing and maintaining a sound regulatory system that 
    is responsive to the needs of the public and in which decisions are 
    reached promptly to make it easier to adapt the air transportation 
    system to the present and future needs of--
            (A) the commerce of the United States;
            (B) the United States Postal Service; and
            (C) the national defense.
        (8) encouraging air transportation at major urban areas through 
    secondary or satellite airports if consistent with regional airport 
    plans of regional and local authorities, and if endorsed by 
    appropriate State authorities--
            (A) encouraging the transportation by air carriers that 
        provide, in a specific market, transportation exclusively at 
        those airports; and
            (B) fostering an environment that allows those carriers to 
        establish themselves and develop secondary or satellite airport 
        services.
        (9) preventing unfair, deceptive, predatory, or anticompetitive 
    practices in air transportation.
        (10) avoiding unreasonable industry concentration, excessive 
    market domination, monopoly powers, and other conditions that would 
    tend to allow at least one air carrier or foreign air carrier 
    unreasonably to increase prices, reduce services, or exclude 
    competition in air transportation.
        (11) maintaining a complete and convenient system of continuous 
    scheduled interstate air transportation for small communities and 
    isolated areas with direct financial assistance from the United 
    States Government when appropriate.
        (12) encouraging, developing, and maintaining an air 
    transportation system relying on actual and potential competition--
            (A) to provide efficiency, innovation, and low prices; and
            (B) to decide on the variety and quality of, and determine 
        prices for, air transportation services.
        (13) encouraging entry into air transportation markets by new 
    and existing air carriers and the continued strengthening of small 
    air carriers to ensure a more effective and competitive airline 
    industry.
        (14) promoting, encouraging, and developing civil aeronautics 
    and a viable, privately-owned United States air transport industry.
        (15) strengthening the competitive position of air carriers to 
    at least ensure equality with foreign air carriers, including the 
    attainment of the opportunity for air carriers to maintain and 
    increase their profitability in foreign air transportation.
    (b) All-Cargo Air Transportation Considerations.--In carrying out 
subpart II of this part and those provisions of subpart IV applicable 
in carrying out subpart II, the Secretary of Transportation shall 
consider the following matters, among others and in addition to the 
matters referred to in subsection (a) of this section, as being in the 
public interest for all-cargo air transportation:
        (1) encouraging and developing an expedited all-cargo air 
    transportation system provided by private enterprise and responsive 
    to--
            (A) the present and future needs of shippers;
            (B) the commerce of the United States; and
            (C) the national defense.
        (2) encouraging and developing an integrated transportation 
    system relying on competitive market forces to decide the extent, 
    variety, quality, and price of services provided.
        (3) providing services without unreasonable discrimination, 
    unfair or deceptive practices, or predatory pricing.
    (c) General Safety Considerations.--In carrying out subpart III of 
this part and those provisions of subpart IV applicable in carrying out 
subpart III, the Administrator of the Federal Aviation Administration 
shall consider the following matters:
        (1) the requirements of national defense and commercial and 
    general aviation.
        (2) the public right of freedom of transit through the 
    navigable airspace.
    (d) Safety Considerations in Public Interest.--In carrying out 
subpart III of this part and those provisions of subpart IV applicable 
in carrying out subpart III, the Administrator shall consider the 
following matters, among others, as being in the public interest:
        (1) regulating air commerce in a way that best promotes its 
    development and safety and fulfills national defense requirements.
        (2) promoting, encouraging, and developing civil aeronautics.
        (3) controlling the use of the navigable airspace and 
    regulating civil and military operations in that airspace in the 
    interest of the safety and efficiency of both of those operations.
        (4) consolidating research and development for air navigation 
    facilities and the installation and operation of those facilities.
        (5) developing and operating a common system of air traffic 
    control and navigation for military and civil aircraft.
        (6) providing assistance to law enforcement agencies in the 
    enforcement of laws related to regulation of controlled substances, 
    to the extent consistent with aviation safety.
    (e) International Air Transportation.--In formulating United States 
international air transportation policy, the Secretaries of State and 
Transportation shall develop a negotiating policy emphasizing the 
greatest degree of competition compatible with a well-functioning 
international air transportation system, including the following:
        (1) strengthening the competitive position of air carriers to 
    ensure at least equality with foreign air carriers, including the 
    attainment of the opportunity for air carriers to maintain and 
    increase their profitability in foreign air transportation.
        (2) freedom of air carriers and foreign air carriers to offer 
    prices that correspond to consumer demand.
        (3) the fewest possible restrictions on charter air 
    transportation.
        (4) the maximum degree of multiple and permissive international 
    authority for air carriers so that they will be able to respond 
    quickly to a shift in market demand.
        (5) eliminating operational and marketing restrictions to the 
    greatest extent possible.
        (6) integrating domestic and international air transportation.
        (7) increasing the number of nonstop United States gateway 
    cities.
        (8) opportunities for carriers of foreign countries to increase 
    their access to places in the United States if exchanged for 
    benefits of similar magnitude for air carriers or the traveling 
    public with permanent linkage between rights granted and rights 
    given away.
        (9) eliminating discrimination and unfair competitive practices 
    faced by United States airlines in foreign air transportation, 
    including--
            (A) excessive landing and user fees;
            (B) unreasonable ground handling requirements;
            (C) unreasonable restrictions on operations;
            (D) prohibitions against change of gauge; and
            (E) similar restrictive practices.
        (10) promoting, encouraging, and developing civil aeronautics 
    and a viable, privately-owned United States air transport industry.
    (f) Strengthening Competition.--In selecting an air carrier to 
provide foreign air transportation from among competing applicants, the 
Secretary of Transportation shall consider, in addition to the matters 
specified in subsections (a) and (b) of this section, the strengthening 
of competition among air carriers operating in the United States to 
prevent unreasonable concentration in the air carrier industry.

Sec. 40102. Definitions

    (a) General Definitions.--In this part--
        (1) ``aeronautics'' means the science and art of flight.
        (2) ``air carrier'' means a citizen of the United States 
    undertaking by any means, directly or indirectly, to provide air 
    transportation.
        (3) ``air commerce'' means foreign air commerce, interstate air 
    commerce, the transportation of mail by aircraft, the operation of 
    aircraft within the limits of a Federal airway, or the operation of 
    aircraft that directly affects, or may endanger safety in, foreign 
    or interstate air commerce.
        (4) ``air navigation facility'' means a facility used, 
    available for use, or designed for use, in aid of air navigation, 
    including--
            (A) a landing area;
            (B) a light;
            (C) apparatus or equipment for distributing weather 
        information, signaling, radio-directional finding, or radio or 
        other electromagnetic communication; and
            (D) another structure or mechanism for guiding or 
        controlling flight in the air or the landing and takeoff of 
        aircraft.
        (5) ``air transportation'' means foreign air transportation, 
    interstate air transportation, or the transportation of mail by 
    aircraft.
        (6) ``aircraft'' means any contrivance invented, used, or 
    designed to navigate, or fly in, the air.
        (7) ``aircraft engine'' means an engine used, or intended to be 
    used, to propel an aircraft, including a part, appurtenance, and 
    accessory of the engine, except a propeller.
        (8) ``airman'' means an individual--
            (A) in command, or as pilot, mechanic, or member of the 
        crew, who navigates aircraft when under way;
            (B) except to the extent the Administrator of the Federal 
        Aviation Administration may provide otherwise for individuals 
        employed outside the United States, who is directly in charge 
        of inspecting, maintaining, overhauling, or repairing aircraft, 
        aircraft engines, propellers, or appliances; or
            (C) who serves as an aircraft dispatcher or air traffic 
        control-tower operator.
        (9) ``airport'' means a landing area used regularly by aircraft 
    for receiving or discharging passengers or cargo.
        (10) ``all-cargo air transportation'' means the transportation 
    by aircraft in interstate air transportation of only property or 
    only mail, or both.
        (11) ``appliance'' means an instrument, equipment, apparatus, a 
    part, an appurtenance, or an accessory used, capable of being used, 
    or intended to be used, in operating or controlling aircraft in 
    flight, including a parachute, communication equipment, and another 
    mechanism installed in or attached to aircraft during flight, and 
    not a part of an aircraft, aircraft engine, or propeller.
        (12) ``cargo'' means property, mail, or both.
        (13) ``charter air carrier'' means an air carrier holding a 
    certificate of public convenience and necessity that authorizes it 
    to provide charter air transportation.
        (14) ``charter air transportation'' means charter trips in air 
    transportation authorized under this part.
        (15) ``citizen of the United States'' means--
            (A) an individual who is a citizen of the United States;
            (B) a partnership each of whose partners is an individual 
        who is a citizen of the United States; or
            (C) a corporation or association organized under the laws 
        of the United States or a State, the District of Columbia, or a 
        territory or possession of the United States, of which the 
        president and at least two-thirds of the board of directors and 
        other managing officers are citizens of the United States, and 
        in which at least 75 percent of the voting interest is owned or 
        controlled by persons that are citizens of the United States.
        (16) ``civil aircraft'' means an aircraft except a public 
    aircraft.
        (17) ``civil aircraft of the United States'' means an aircraft 
    registered under chapter 441 of this title.
        (18) ``conditional sales contract'' means a contract--
            (A) for the sale of an aircraft, aircraft engine, 
        propeller, appliance, or spare part, under which the buyer 
        takes possession of the property but title to the property 
        vests in the buyer at a later time on--
                (i) paying any part of the purchase price;
                (ii) performing another condition; or
                (iii) the happening of a contingency; or
            (B) to bail or lease an aircraft, aircraft engine, 
        propeller, appliance, or spare part, under which the bailee or 
        lessee--
                (i) agrees to pay an amount substantially equal to the 
            value of the property; and
                (ii) is to become, or has the option of becoming, the 
            owner of the property on complying with the contract.
        (19) ``conveyance'' means an instrument, including a 
    conditional sales contract, affecting title to, or an interest in, 
    property.
        (20) ``Federal airway'' means a part of the navigable airspace 
    that the Administrator designates as a Federal airway.
        (21) ``foreign air carrier'' means a person, not a citizen of 
    the United States, undertaking by any means, directly or 
    indirectly, to provide foreign air transportation.
        (22) ``foreign air commerce'' means the transportation of 
    passengers or property by aircraft for compensation, the 
    transportation of mail by aircraft, or the operation of aircraft in 
    furthering a business or vocation, between a place in the United 
    States and a place outside the United States when any part of the 
    transportation or operation is by aircraft.
        (23) ``foreign air transportation'' means the transportation of 
    passengers or property by aircraft as a common carrier for 
    compensation, or the transportation of mail by aircraft, between a 
    place in the United States and a place outside the United States 
    when any part of the transportation is by aircraft.
        (24) ``interstate air commerce'' means the transportation of 
    passengers or property by aircraft for compensation, the 
    transportation of mail by aircraft, or the operation of aircraft in 
    furthering a business or vocation--
            (A) between a place in--
                (i) a State, territory, or possession of the United 
            States and a place in the District of Columbia or another 
            State, territory, or possession of the United States;
                (ii) a State and another place in the same State 
            through the airspace over a place outside the State;
                (iii) the District of Columbia and another place in the 
            District of Columbia; or
                (iv) a territory or possession of the United States and 
            another place in the same territory or possession; and
            (B) when any part of the transportation or operation is by 
        aircraft.
        (25) ``interstate air transportation'' means the transportation 
    of passengers or property by aircraft as a common carrier for 
    compensation, or the transportation of mail by aircraft--
            (A) between a place in--
                (i) a State, territory, or possession of the United 
            States and a place in the District of Columbia or another 
            State, territory, or possession of the United States;
                (ii) Hawaii and another place in Hawaii through the 
            airspace over a place outside Hawaii;
                (iii) the District of Columbia and another place in the 
            District of Columbia; or
                (iv) a territory or possession of the United States and 
            another place in the same territory or possession; and
            (B) when any part of the transportation is by aircraft.
        (26) ``intrastate air carrier'' means a citizen of the United 
    States undertaking by any means to provide only intrastate air 
    transportation.
        (27) ``intrastate air transportation'' means the transportation 
    by a common carrier of passengers or property for compensation, 
    entirely in the same State, by turbojet-powered aircraft capable of 
    carrying at least 30 passengers.
        (28) ``landing area'' means a place on land or water, including 
    an airport or intermediate landing field, used, or intended to be 
    used, for the takeoff and landing of aircraft, even when facilities 
    are not provided for sheltering, servicing, or repairing aircraft, 
    or for receiving or discharging passengers or cargo.
        (29) ``mail'' means United States mail and foreign transit 
    mail.
        (30) ``navigable airspace'' means airspace above the minimum 
    altitudes of flight prescribed by regulations under subparts I and 
    III of this part, including airspace needed to ensure safety in the 
    takeoff and landing of aircraft.
        (31) ``navigate aircraft'' and ``navigation of aircraft'' 
    include piloting aircraft.
        (32) ``operate aircraft'' and ``operation of aircraft'' mean 
    using aircraft for the purposes of air navigation, including--
            (A) the navigation of aircraft; and
            (B) causing or authorizing the operation of aircraft with 
        or without the right of legal control of the aircraft.
        (33) ``person'', in addition to its meaning under section 1 of 
    title 1, includes a governmental authority and a trustee, receiver, 
    assignee, and other similar representative.
        (34) ``predatory'' means a practice that violates the antitrust 
    laws as defined in the first section of the Clayton Act (15 U.S.C. 
    12).
        (35) ``price'' means a rate, fare, or charge for air 
    transportation.
        (36) ``propeller'' includes a part, appurtenance, and accessory 
    of a propeller.
        (37) ``public aircraft''--
            (A) means an aircraft--
                (i) used only for the United States Government; or
                (ii) owned and operated (except for commercial 
            purposes), or exclusively leased for at least 90 continuous 
            days, by a government (except the United States 
            Government), including a State, the District of Columbia, 
            or a territory or possession of the United States, or 
            political subdivision of that government; but
            (B) does not include a government-owned aircraft 
        transporting passengers or property for commercial purposes.
        (38) ``spare part'' means an accessory, appurtenance, or part 
    of an aircraft (except an aircraft engine or propeller), aircraft 
    engine (except a propeller), propeller, or appliance, that is to be 
    installed at a later time in an aircraft, aircraft engine, 
    propeller, or appliance.
        (39) ``State authority'' means an authority of a State 
    designated under State law--
            (A) to receive notice required to be given a State 
        authority under subpart II of this part; or
            (B) as the representative of the State before the Secretary 
        of Transportation in any matter about which the Secretary is 
        required to consult with or consider the views of a State 
        authority under subpart II of this part.
        (40) ``ticket agent'' means a person (except an air carrier, a 
    foreign air carrier, or an employee of an air carrier or foreign 
    air carrier) that as a principal or agent sells, offers for sale, 
    negotiates for, or holds itself out as selling, providing, or 
    arranging for, air transportation.
        (41) ``United States'' means the States of the United States, 
    the District of Columbia, and the territories and possessions of 
    the United States, including the territorial sea and the overlying 
    airspace.
    (b) Limited Definition.--In subpart II of this part, ``control'' 
means control by any means.

Sec. 40103. Sovereignty and use of airspace

    (a) Sovereignty and Public Right of Transit.--(1) The United States 
Government has exclusive sovereignty of airspace of the United States.
    (2) A citizen of the United States has a public right of transit 
through the navigable airspace. To further that right, the Secretary of 
Transportation shall consult with the Architectural and Transportation 
Barriers Compliance Board established under section 502 of the 
Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing a 
regulation or issuing an order or procedure that will have a 
significant impact on the accessibility of commercial airports or 
commercial air transportation for handicapped individuals.
    (b) Use of Airspace.--(1) The Administrator of the Federal Aviation 
Administration shall develop plans and policy for the use of the 
navigable airspace and assign by regulation or order the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. The Administrator may modify or revoke an assignment 
when required in the public interest.
    (2) The Administrator shall prescribe air traffic regulations on 
the flight of aircraft (including regulations on safe altitudes) for--
        (A) navigating, protecting, and identifying aircraft;
        (B) protecting individuals and property on the ground;
        (C) using the navigable airspace efficiently; and
        (D) preventing collision between aircraft, between aircraft and 
    land or water vehicles, and between aircraft and airborne objects.
    (3) To establish security provisions that will encourage and allow 
maximum use of the navigable airspace by civil aircraft consistent with 
national security, the Administrator, in consultation with the 
Secretary of Defense, shall--
        (A) establish areas in the airspace the Administrator decides 
    are necessary in the interest of national defense; and
        (B) by regulation or order, restrict or prohibit flight of 
    civil aircraft that the Administrator cannot identify, locate, and 
    control with available facilities in those areas.
    (4) Notwithstanding the military exception in section 553(a)(1) of 
title 5, subchapter II of chapter 5 of title 5 applies to a regulation 
prescribed under this subsection.
    (c) Foreign Aircraft.--A foreign aircraft, not part of the armed 
forces of a foreign country, may be navigated in the United States as 
provided in section 41703 of this title.
    (d) Aircraft of Armed Forces of Foreign Countries.--Aircraft of the 
armed forces of a foreign country may be navigated in the United States 
only when authorized by the Secretary of State.
    (e) No Exclusive Rights at Certain Facilities.--A person does not 
have an exclusive right to use an air navigation facility on which 
Government money has been expended. However, providing services at an 
airport by only one fixed-based operator is not an exclusive right if--
        (1) it is unreasonably costly, burdensome, or impractical for 
    more than one fixed-based operator to provide the services; and
        (2) allowing more than one fixed-based operator to provide the 
    services requires a reduction in space leased under an agreement 
    existing on September 3, 1982, between the operator and the 
    airport.

Sec. 40104. Promotion of civil aeronautics and air commerce

    The Administrator of the Federal Aviation Administration shall 
encourage the development of civil aeronautics and air commerce in and 
outside the United States. In carrying out this section, the 
Administrator shall take action that the Administrator considers 
necessary to establish, within available resources, a program to 
distribute civil aviation information in each region served by the 
Administration. The program shall provide, on request, informational 
material and expertise on civil aviation to State and local school 
administrators, college and university officials, and officers of other 
interested organizations.

Sec. 40105. International negotiations, agreements, and obligations

    (a) Advice and Consultation.--The Secretary of State shall advise 
the Administrator of the Federal Aviation Administration and the 
Secretaries of Transportation and Commerce, and consult with them as 
appropriate, about negotiations for an agreement with a government of a 
foreign country to establish or develop air navigation, including air 
routes and services. The Secretary of Transportation shall consult with 
the Secretary of State in carrying out this part to the extent this 
part is related to foreign air transportation.
    (b) Actions of Secretary and Administrator.--(1) In carrying out 
this part, the Secretary of Transportation and the Administrator--
        (A) shall act consistently with obligations of the United 
    States Government under an international agreement;
        (B) shall consider applicable laws and requirements of a 
    foreign country; and
        (C) may not limit compliance by an air carrier with obligations 
    or liabilities imposed by the government of a foreign country when 
    the Secretary takes any action related to a certificate of public 
    convenience and necessity issued under chapter 411 of this title.
    (2) This subsection does not apply to an agreement between an air 
carrier or an officer or representative of an air carrier and the 
government of a foreign country, if the Secretary of Transportation 
disapproves the agreement because it is not in the public interest. 
Section 40106(b)(2) of this title applies to this subsection.
    (c) Consultation on International Air Transportation Policy.--In 
carrying out section 40101(e) of this title, the Secretaries of State 
and Transportation, to the maximum extent practicable, shall consult on 
broad policy goals and individual negotiations with--
        (1) the Secretaries of Commerce and Defense;
        (2) airport operators;
        (3) scheduled air carriers;
        (4) charter air carriers;
        (5) airline labor;
        (6) consumer interest groups;
        (7) travel agents and tour organizers; and
        (8) other groups, institutions, and governmental authorities 
    affected by international aviation policy.
    (d) Congressional Observers at International Aviation 
Negotiations.--The President shall grant to at least one representative 
of each House of Congress the privilege of attending international 
aviation negotiations as an observer if the privilege is requested in 
advance in writing.

Sec. 40106. Emergency powers

    (a) Deviations From Regulations.--Appropriate military authority 
may authorize aircraft of the armed forces of the United States to 
deviate from air traffic regulations prescribed under section 
40103(b)(1) and (2) of this title when the authority decides the 
deviation is essential to the national defense because of a military 
emergency or urgent military necessity. The authority shall--
        (1) give the Administrator of the Federal Aviation 
    Administration prior notice of the deviation at the earliest 
    practicable time; and
        (2) to the extent time and circumstances allow, make every 
    reasonable effort to consult with the Administrator and arrange for 
    the deviation in advance on a mutually agreeable basis.
    (b) Suspension of Authority.--(1) When the President decides that 
the government of a foreign country is acting inconsistently with the 
Convention for the Suppression of Unlawful Seizure of Aircraft or that 
the government of a foreign country allows territory under its 
jurisdiction to be used as a base of operations or training of, or as a 
sanctuary for, or arms, aids, or abets, a terrorist organization that 
knowingly uses the unlawful seizure, or the threat of an unlawful 
seizure, of an aircraft as an instrument of policy, the President may 
suspend the authority of--
        (A) an air carrier or foreign air carrier to provide foreign 
    air transportation to and from that foreign country;
        (B) a person to operate aircraft in foreign air commerce to and 
    from that foreign country;
        (C) a foreign air carrier to provide foreign air transportation 
    between the United States and another country that maintains air 
    service with the foreign country; and
        (D) a foreign person to operate aircraft in foreign air 
    commerce between the United States and another country that 
    maintains air service with the foreign country.
    (2) The President may act under this subsection without notice or a 
hearing. The suspension remains in effect for as long as the President 
decides is necessary to ensure the security of aircraft against 
unlawful seizure. Notwithstanding section 40105(b) of this title, the 
authority of the President to suspend rights under this subsection is a 
condition to a certificate of public convenience and necessity, air 
carrier operating certificate, foreign air carrier or foreign aircraft 
permit, or foreign air carrier operating specification issued by the 
Secretary of Transportation under this part.
    (3) An air carrier or foreign air carrier may not provide foreign 
air transportation, and a person may not operate aircraft in foreign 
air commerce, in violation of a suspension of authority under this 
subsection.

Sec. 40107. Presidential transfers

    (a) General Authority.--The President may transfer to the 
Administrator of the Federal Aviation Administration a duty, power, 
activity, or facility of a department, agency, or instrumentality of 
the executive branch of the United States Government, or an officer or 
unit of a department, agency, or instrumentality of the executive 
branch, related primarily to selecting, developing, testing, 
evaluating, establishing, operating, or maintaining a system, 
procedure, facility, or device for safe and efficient air navigation 
and air traffic control. In making a transfer, the President may 
transfer records and property and make officers and employees from the 
department, agency, instrumentality, or unit available to the 
Administrator.
    (b) During War.--If war occurs, the President by executive order 
may transfer to the Secretary of Defense a duty, power, activity, or 
facility of the Administrator. In making the transfer, the President 
may transfer records, property, officers, and employees of the 
Administration to the Department of Defense.

Sec. 40108. Training schools

    (a) Authority To Operate.--The Administrator of the Federal 
Aviation Administration may operate schools to train officers and 
employees of the Administration to carry out duties, powers, and 
activities of the Administrator.
    (b) Attendance.--The Administrator may authorize officers and 
employees of other departments, agencies, or instrumentalities of the 
United States Government, officers and employees of governments of 
foreign countries, and individuals from the aeronautics industry to 
attend those schools. However, if the attendance of any of those 
officers, employees, or individuals increases the cost of operating the 
schools, the Administrator may require the payment or transfer of 
amounts or other consideration to offset the additional cost. The 
amount received may be credited to the appropriation current when the 
expenditures are or were paid, the appropriation current when the 
amount is received, or both.

Sec. 40109. Authority to exempt

    (a) Air Carriers and Foreign Air Carriers Not Engaged Directly in 
Operating Aircraft.--(1) The Secretary of Transportation may exempt 
from subpart II of this part--
        (A) an air carrier not engaged directly in operating aircraft 
    in air transportation; or
        (B) a foreign air carrier not engaged directly in operating 
    aircraft in foreign air transportation.
    (2) The exemption is effective to the extent and for periods that 
the Secretary decides are in the public interest.
    (b) Safety Regulation.--The Administrator of the Federal Aviation 
Administration may grant an exemption from a regulation prescribed in 
carrying out sections 40103(b)(1) and (2), 40119, 44901, 44903, 44906, 
and 44935-44937 of this title when the Administrator decides the 
exemption is in the public interest.
    (c) Other Economic Regulation.--Except as provided in this section, 
the Secretary may exempt to the extent the Secretary considers 
necessary a person or class of persons from a provision of chapter 411, 
sections 41301-41306, 41308-41310(a), 41501, 41503, 41504, 41506, 
41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, and 41731-41742, 
chapter 419, subchapter II of chapter 421, and section 46301(b) of this 
title, or a regulation or term prescribed under any of those 
provisions, when the Secretary decides that the exemption is consistent 
with the public interest.
    (d) Labor Requirements.--The Secretary may not exempt an air 
carrier from section 42112 of this title. However, the Secretary may 
exempt from section 42112(b)(1) and (2) an air carrier not providing 
scheduled air transportation, and the operations conducted during 
daylight hours by an air carrier providing scheduled air 
transportation, when the Secretary decides that--
        (1) because of the limited extent of, or unusual circumstances 
    affecting, the operation of the air carrier, the enforcement of 
    section 42112(b)(1) and (2) of this title is or would be an 
    unreasonable burden on the air carrier that would obstruct its 
    development and prevent it from beginning or continuing operations; 
    and
        (2) the exemption would not affect adversely the public 
    interest.
    (e) Maximum Flying Hours.--The Secretary may not exempt an air 
carrier under this section from a provision referred to in subsection 
(c) of this section, or a regulation or term prescribed under any of 
those provisions, that sets maximum flying hours for pilots or 
copilots.
    (f) Smaller Aircraft.--(1) An air carrier is exempt from section 
41101(a)(1) of this title, and the Secretary may exempt an air carrier 
from another provision of subpart II of this part, if the air carrier--
        (A)(i) provides passenger transportation only with aircraft 
    having a maximum capacity of 55 passengers; or
        (ii) provides the transportation of cargo only with aircraft 
    having a maximum payload of less than 18,000 pounds; and
        (B) complies with liability insurance requirements and other 
    regulations the Secretary prescribes.
    (2) The Secretary may increase the passenger or payload capacities 
when the public interest requires.
    (3)(A) An exemption under this subsection applies to an air carrier 
providing air transportation between 2 places in Alaska, or between 
Alaska and Canada, only if the carrier is authorized by Alaska to 
provide the transportation.
    (B) The Secretary may limit the number or location of places that 
may be served by an air carrier providing transportation only in Alaska 
under an exemption from section 41101(a)(1) of this title, or the 
frequency with which the transportation may be provided, only when the 
Secretary decides that providing the transportation substantially 
impairs the ability of an air carrier holding a certificate issued by 
the Secretary to provide its authorized transportation, including the 
minimum transportation requirement for Alaska specified under section 
41732(b)(1)(B) of this title.
    (g) Emergency Air Transportation by Foreign Air Carriers.--(1) To 
the extent that the Secretary decides an exemption is in the public 
interest, the Secretary may exempt by order a foreign air carrier from 
the requirements and limitations of this part for not more than 30 days 
to allow the foreign air carrier to carry passengers or cargo in 
interstate air transportation in certain markets if the Secretary finds 
that--
        (A) because of an emergency created by unusual circumstances 
    not arising in the normal course of business, air carriers holding 
    certificates under section 41102 of this title cannot accommodate 
    traffic in those markets;
        (B) all possible efforts have been made to accommodate the 
    traffic by using the resources of the air carriers, including the 
    use of--
            (i) foreign aircraft, or sections of foreign aircraft, 
        under lease or charter to the air carriers; and
            (ii) the air carriers' reservations systems to the extent 
        practicable;
        (C) the exemption is necessary to avoid unreasonable hardship 
    for the traffic in the markets that cannot be accommodated by the 
    air carriers; and
        (D) granting the exemption will not result in an unreasonable 
    advantage to any party in a labor dispute where the inability to 
    accommodate traffic in a market is a result of the dispute.
    (2) When the Secretary grants an exemption to a foreign air carrier 
under this subsection, the Secretary shall--
        (A) ensure that air transportation that the foreign air carrier 
    provides under the exemption is made available on reasonable terms;
        (B) monitor continuously the passenger load factor of air 
    carriers in the market that hold certificates under section 41102 
    of this title; and
        (C) review the exemption at least every 30 days to ensure that 
    the unusual circumstances that established the need for the 
    exemption still exist.
    (3) The Secretary may renew an exemption (including renewals) under 
this subsection for not more than 30 days. An exemption may continue 
for not more than 5 days after the unusual circumstances that 
established the need for the exemption cease.
    (h) Notice and Opportunity for Hearing.--The Secretary may act 
under subsections (d) and (f)(3)(B) of this section only after giving 
the air carrier notice and an opportunity for a hearing.

Sec. 40110. General procurement authority

    (a) General.--In carrying out this part, the Administrator of the 
Federal Aviation Administration may--
        (1) acquire, to the extent that amounts are available for 
    obligation, services or an interest in property, including an 
    interest in airspace immediately adjacent to and needed for 
    airports and other air navigation facilities owned by the United 
    States Government and operated by the Administrator;
        (2) dispose of an interest in property for adequate 
    compensation; and
        (3) construct and improve laboratories and other test 
    facilities.
    (b) Duties and Powers.--When carrying out subsection (a) of this 
section, the Administrator of the Federal Aviation Administration--
        (1) is the senior procurement executive referred to in section 
    16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 
    414(3)) for approving the justification for using procedures other 
    than competitive procedures, as required under section 
    303(f)(1)(B)(iii) of the Federal Property and Administrative 
    Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(iii)); and
        (2) may--
            (A) lease an interest in property for not more than 20 
        years;
            (B) consider the reasonable probable future use of the 
        underlying land in making an award for a condemnation of an 
        interest in airspace;
            (C) construct, or acquire an interest in, a public building 
        (as defined in section 13 of the Public Buildings Act of 1959 
        (40 U.S.C. 612)) only under a delegation of authority from the 
        Administrator of General Services;
            (D) use procedures other than competitive procedures, as 
        provided under section 303(c) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253(c));
            (E) use procedures other than competitive procedures only 
        when the property or services needed by the Administrator of 
        the Federal Aviation Administration are available from only one 
        responsible source or only from a limited number of responsible 
        sources and no other type of property or services will satisfy 
        the needs of the Administrator; and
            (F) dispose of property under subsection (a)(2) of this 
        section, except for airport and airway property and technical 
        equipment used for the special purposes of the Administration, 
        only under title II of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 481 et seq.).

Sec. 40111. Multiyear procurement contracts for services and related 
            items

    (a) General Authority.--Notwithstanding section 1341(a)(1)(B) of 
title 31, the Administrator of the Federal Aviation Administration may 
make a contract of not more than 5 years for the following types of 
services and items of supply related to those services for which 
amounts otherwise would be available for obligation only in the fiscal 
year for which appropriated:
        (1) operation, maintenance, and support of facilities and 
    installations.
        (2) operation, maintenance, and modification of aircraft, 
    vehicles, and other highly complex equipment.
        (3) specialized training requiring high quality instructor 
    skills, including training of pilots and aircrew members and 
    foreign language training.
        (4) base services, including ground maintenance, aircraft 
    refueling, bus transportation, and refuse collection and disposal.
    (b) Required Findings.--The Administrator may make a contract under 
this section only if the Administrator finds that--
        (1) there will be a continuing requirement for the service 
    consistent with current plans for the proposed contract period;
        (2) providing the service will require a substantial initial 
    investment in plant or equipment, or will incur a substantial 
    contingent liability for assembling, training, or transporting a 
    specialized workforce; and
        (3) the contract will promote the best interests of the United 
    States by encouraging effective competition and promoting economies 
    in operation.
    (c) Considerations.--When making a contract under this section, the 
Administrator shall be guided by the following:
        (1) The part of the cost of a plant or equipment amortized as a 
    cost of contract performance may not be more than the ratio between 
    the period of contract performance and the anticipated useful 
    commercial life (instead of physical life) of the plant or 
    equipment, considering the location and specialized nature of the 
    plant or equipment, obsolescence, and other similar factors.
        (2) The Administrator shall consider the desirability of--
            (A) obtaining an option to renew the contract for a 
        reasonable period of not more than 3 years, at a price that 
        does not include charges for nonrecurring costs already 
        amortized; and
            (B) reserving in the Administrator the right, on payment of 
        the unamortized part of the cost of the plant or equipment, to 
        take title to the plant or equipment under appropriate 
        circumstances.
    (d) Ending Contracts.--A contract made under this section shall be 
ended if amounts are not made available to continue the contract into a 
subsequent fiscal year. The cost of ending the contract may be paid 
from--
        (1) an appropriation originally available for carrying out the 
    contract;
        (2) an appropriation currently available for procuring the type 
    of service concerned and not otherwise obligated; or
        (3) amounts appropriated for payments to end the contract.

Sec. 40112. Multiyear procurement contracts for property

    (a) General Authority.--Notwithstanding section 1341(a)(1)(B) of 
title 31 and to the extent that amounts otherwise are available for 
obligation, the Administrator of the Federal Aviation Administration 
may make a contract of more than one but not more than 5 fiscal years 
to purchase property, except a contract to construct, alter, or make a 
major repair or improvement to real property or a contract to purchase 
property to which section 111 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 759) applies.
    (b) Required Findings.--The Administrator may make a contract under 
this section if the Administrator finds that--
        (1) the contract will promote the safety or efficiency of the 
    national airspace system and will result in reduced total contract 
    costs;
        (2) the minimum need for the property to be purchased is 
    expected to remain substantially unchanged during the proposed 
    contract period in terms of production rate, procurement rate, and 
    total quantities;
        (3) there is a reasonable expectation that throughout the 
    proposed contract period the Administrator will request 
    appropriations for the contract at the level required to avoid 
    cancellation;
        (4) there is a stable design for the property to be acquired 
    and the technical risks associated with the property are not 
    excessive; and
        (5) the estimates of the contract costs and the anticipated 
    savings from the contract are realistic.
    (c) Regulations.--The Administrator shall prescribe regulations for 
acquiring property under this section to promote the use of contracts 
under this section in a way that will allow the most efficient use of 
those contracts. The regulations may provide for a cancellation 
provision in the contract to the extent the provision is necessary and 
in the best interest of the United States. The provision may include 
consideration of recurring and nonrecurring costs of the contractor 
associated with producing the item to be delivered under the contract. 
The regulations shall provide that, to the extent practicable--
        (1) to broaden the aviation industrial base--
            (A) a contract under this section shall be used to seek, 
        retain, and promote the use under that contract of 
        subcontractors, vendors, or suppliers; and
            (B) on accrual of a payment or other benefit accruing on a 
        contract under this section to a subcontractor, vendor, or 
        supplier participating in the contract, the payment or benefit 
        shall be delivered in the most expeditious way practicable; and
        (2) this section and regulations prescribed under this section 
    may not be carried out in a way that precludes or curtails the 
    existing ability of the Administrator to provide for--
            (A) competition in producing items to be delivered under a 
        contract under this section; or
            (B) ending a prime contract when performance is deficient 
        with respect to cost, quality, or schedule.
    (d) Contract Provisions.--(1) A contract under this section may--
        (A) be used for the advance procurement of components, parts, 
    and material necessary to manufacture equipment to be used in the 
    national airspace system;
        (B) provide that performance under the contract after the first 
    year is subject to amounts being appropriated; and
        (C) contain a negotiated priced option for varying the number 
    of end items to be procured over the period of the contract.
    (2) If feasible and practicable, an advance procurement contract 
may be made to achieve economic-lot purchases and more efficient 
production rates.
    (e) Cancellation Payment and Notice of Cancellation Ceiling.--(1) 
If a contract under this section provides that performance is subject 
to an appropriation being made, it also may provide for a cancellation 
payment to be made to the contractor if the appropriation is not made.
    (2) Before awarding a contract under this section containing a 
cancellation ceiling of more than $100,000,000, the Administrator shall 
give written notice of the proposed contract and cancellation ceiling 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Public Works and Transportation of the House of 
Representatives. The contract may not be awarded until the end of the 
30-day period beginning on the date of the notice.
    (f) Ending Contracts.--A contract made under this section shall be 
ended if amounts are not made available to continue the contract into a 
subsequent fiscal year. The cost of ending the contract may be paid 
from--
        (1) an appropriation originally available for carrying out the 
    contract;
        (2) an appropriation currently available for procuring the type 
    of property concerned and not otherwise obligated; or
        (3) amounts appropriated for payments to end the contract.

Sec. 40113. Administrative

    (a) General Authority.--The Secretary of Transportation (or the 
Administrator of the Federal Aviation Administration with respect to 
aviation safety duties and powers designated to be carried out by the 
Administrator) may take action the Secretary or Administrator, as 
appropriate, considers necessary to carry out this part, including 
conducting investigations, prescribing regulations, standards, and 
procedures, and issuing orders.
    (b) Hazardous Material.--In carrying out this part, the Secretary 
has the same authority to regulate the transportation of hazardous 
material by air that the Secretary has under section 5103 of this 
title. However, this subsection does not prohibit or regulate the 
transportation of a firearm (as defined in section 232 of title 18) or 
ammunition for a firearm, when transported by an individual for 
personal use.
    (c) Governmental Assistance.--The Secretary (or the Administrator 
of the Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Administrator) 
may use the assistance of the Administrator of the National Aeronautics 
and Space Administration and any research or technical department, 
agency, or instrumentality of the United States Government on matters 
related to aircraft fuel and oil, and to the design, material, 
workmanship, construction, performance, maintenance, and operation of 
aircraft, aircraft engines, propellers, appliances, and air navigation 
facilities. Each department, agency, and instrumentality may conduct 
scientific and technical research, investigations, and tests necessary 
to assist the Secretary or Administrator of the Federal Aviation 
Administration in carrying out this part. This part does not authorize 
duplicating laboratory research activities of a department, agency, or 
instrumentality.
    (d) Indemnification.--The Administrator of the Federal Aviation 
Administration may indemnify an officer or employee of the 
Administration against a claim or judgment arising out of an act that 
the Administrator decides was committed within the scope of the 
official duties of the officer or employee.

Sec. 40114. Reports and records

    (a) Written Reports.--(1) Except as provided in this part, the 
Secretary of Transportation (or the Administrator of the Federal 
Aviation Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator) shall make a 
written report of each proceeding and investigation under this part in 
which a formal hearing was held and shall provide a copy to each party 
to the proceeding or investigation. The report shall include the 
decision, conclusions, order, and requirements of the Secretary or 
Administrator as appropriate.
    (2) The Secretary (or the Administrator with respect to aviation 
safety duties and powers designated to be carried out by the 
Administrator) shall have all reports, orders, decisions, and 
regulations the Secretary or Administrator, as appropriate, issues or 
prescribes published in the form and way best adapted for public use. A 
publication of the Secretary or Administrator is competent evidence of 
its contents.
    (b) Public Records.--Except as provided in subpart II of this part, 
copies of tariffs and arrangements filed with the Secretary under 
subpart II, and the statistics, tables, and figures contained in 
reports made to the Secretary under subpart II, are public records. The 
Secretary is the custodian of those records. A public record, or a copy 
or extract of it, certified by the Secretary under the seal of the 
Department of Transportation is competent evidence in an investigation 
by the Secretary and in a judicial proceeding.

Sec. 40115. Withholding information

    (a) Objections to Disclosure.--(1) A person may object to the 
public disclosure of information--
        (A) in a record filed under this part; or
        (B) obtained under this part by the Secretary of Transportation 
    or State or the United States Postal Service.
    (2) An objection must be in writing and must state the reasons for 
the objection. The Secretary of Transportation or State or the Postal 
Service shall order the information withheld from public disclosure 
when the appropriate Secretary or the Postal Service decides that 
disclosure of the information would--
        (A) prejudice the United States Government in preparing and 
    presenting its position in international negotiations; or
        (B) have an adverse effect on the competitive position of an 
    air carrier in foreign air transportation.
    (b) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.

Sec. 40116. State taxation

    (a) Definition.--In this section, ``State'' includes the District 
of Columbia, a territory or possession of the United States, and a 
political authority of at least 2 States.
    (b) Prohibitions.--Except as provided in subsection (c) of this 
section and section 40117 of this title, a State or political 
subdivision of a State may not levy or collect a tax, fee, head charge, 
or other charge on--
        (1) an individual traveling in air commerce;
        (2) the transportation of an individual traveling in air 
    commerce;
        (3) the sale of air transportation; or
        (4) the gross receipts from that air commerce or 
    transportation.
    (c) Aircraft Taking Off or Landing in State.--A State or political 
subdivision of a State may levy or collect a tax on or related to a 
flight of a commercial aircraft or an activity or service on the 
aircraft only if the aircraft takes off or lands in the State or 
political subdivision as part of the flight.
    (d) Unreasonable Burdens and Discrimination Against Interstate 
Commerce.--(1) In this subsection--
        (A) ``air carrier transportation property'' means property (as 
    defined by the Secretary of Transportation) that an air carrier 
    providing air transportation owns or uses.
        (B) ``assessment'' means valuation for a property tax levied by 
    a taxing district.
        (C) ``assessment jurisdiction'' means a geographical area in a 
    State used in determining the assessed value of property for ad 
    valorem taxation.
        (D) ``commercial and industrial property'' means property 
    (except transportation property and land used primarily for 
    agriculture or timber growing) devoted to a commercial or 
    industrial use and subject to a property tax levy.
    (2)(A) A State, political subdivision of a State, or authority 
acting for a State or political subdivision may not do any of the 
following acts because those acts unreasonably burden and discriminate 
against interstate commerce:
        (i) assess air carrier transportation property at a value that 
    has a higher ratio to the true market value of the property than 
    the ratio that the assessed value of other commercial and 
    industrial property of the same type in the same assessment 
    jurisdiction has to the true market value of the other commercial 
    and industrial property.
        (ii) levy or collect a tax on an assessment that may not be 
    made under clause (i) of this subparagraph.
        (iii) levy or collect an ad valorem property tax on air carrier 
    transportation property at a tax rate greater than the tax rate 
    applicable to commercial and industrial property in the same 
    assessment jurisdiction.
    (B) Subparagraph (A) of this paragraph does not apply to an in lieu 
tax completely used for airport and aeronautical purposes.
    (e) Other Allowable Taxes and Charges.--Except as provided in 
subsection (d) of this section, a State or political subdivision of a 
State may levy or collect--
        (1) taxes (except those taxes enumerated in subsection (b) of 
    this section), including property taxes, net income taxes, 
    franchise taxes, and sales or use taxes on the sale of goods or 
    services; and
        (2) reasonable rental charges, landing fees, and other service 
    charges from aircraft operators for using airport facilities of an 
    airport owned or operated by that State or subdivision.
    (f) Pay of Air Carrier Employees.--(1) In this subsection--
        (A) ``pay'' means money received by an employee for services.
        (B) ``State'' means a State of the United States, the District 
    of Columbia, and a territory or possession of the United States.
        (C) an employee is deemed to have earned 50 percent of the 
    employee's pay in a State or political subdivision of a State in 
    which the scheduled flight time of the employee in the State or 
    subdivision is more than 50 percent of the total scheduled flight 
    time of the employee when employed during the calendar year.
    (2) The pay of an employee of an air carrier having regularly 
assigned duties on aircraft in at least 2 States is subject to the 
income tax laws of only the following:
        (A) the State or political subdivision of the State that is the 
    residence of the employee.
        (B) the State or political subdivision of the State in which 
    the employee earns more than 50 percent of the pay received by the 
    employee from the carrier.

Sec. 40117. Passenger facility fees

    (a) Definitions.--In this section--
        (1) ``airport'', ``commercial service airport'', and ``public 
    agency'' have the same meanings given those terms in section 47102 
    of this title.
        (2) ``eligible agency'' means a public agency that controls a 
    commercial service airport.
        (3) ``eligible airport-related project'' means a project--
            (A) for airport development or airport planning under 
        subchapter I of chapter 471 of this title;
            (B) for terminal development described in section 47110(d) 
        of this title;
            (C) for airport noise capability planning under section 
        47505 of this title;
            (D) to carry out noise compatibility measures eligible for 
        assistance under section 47504 of this title, whether or not a 
        program for those measures has been approved under section 
        47504; and
            (E) for constructing gates and related areas at which 
        passengers board or exit aircraft.
        (4) ``passenger facility fee'' means a fee imposed under this 
    section.
        (5) ``passenger facility revenue'' means revenue derived from a 
    passenger facility fee.
    (b) General Authority.--(1) The Secretary of Transportation may 
authorize under this section an eligible agency to impose a passenger 
facility fee of $1, $2, or $3 on each paying passenger of an air 
carrier or foreign air carrier boarding an aircraft at an airport the 
agency controls to finance an eligible airport-related project, 
including making payments for debt service on indebtedness incurred to 
carry out the project, to be carried out in connection with the airport 
or any other airport the agency controls.
    (2) A State, political subdivision of a State, or authority of a 
State or political subdivision that is not the eligible agency may not 
regulate or prohibit the imposition or collection of a passenger 
facility fee or the use of the passenger facility revenue.
    (3) A passenger facility fee may be imposed on a passenger of an 
air carrier or foreign air carrier originating or connecting at the 
commercial service airport that the agency controls.
    (c) Applications.--(1) An eligible agency must submit to the 
Secretary an application for authority to impose a passenger facility 
fee. The application shall contain information and be in the form that 
the Secretary may require by regulation.
    (2) Before submitting an application, the eligible agency must 
provide reasonable notice to, and an opportunity for consultation with, 
air carriers and foreign air carriers operating at the airport. The 
Secretary shall prescribe regulations that define reasonable notice and 
contain at least the following requirements:
        (A) The agency must provide written notice of individual 
    projects being considered for financing by a passenger facility fee 
    and the date and location of a meeting to present the projects to 
    air carriers and foreign air carriers operating at the airport.
        (B) Not later than 30 days after written notice is provided 
    under subparagraph (A) of this paragraph, each air carrier and 
    foreign air carrier operating at the airport must provide to the 
    agency written notice of receipt of the notice. Failure of a 
    carrier to provide the notice may be deemed certification of 
    agreement with the project by the carrier under subparagraph (D) of 
    this paragraph.
        (C) Not later than 45 days after written notice is provided 
    under subparagraph (A) of this paragraph, the agency must conduct a 
    meeting to provide air carriers and foreign air carriers with 
    descriptions of projects and justifications and a detailed 
    financial plan for projects.
        (D) Not later than 30 days after the meeting, each air carrier 
    and foreign air carrier must provide to the agency certification of 
    agreement or disagreement with projects (or total plan for the 
    projects). Failure to provide the certification is deemed 
    certification of agreement with the project by the carrier. A 
    certification of disagreement is void if it does not contain the 
    reasons for the disagreement.
    (3) After receiving an application, the Secretary shall provide 
notice and an opportunity to air carriers, foreign air carriers, and 
other interested persons to comment on the application. The Secretary 
shall make a final decision on the application not later than 120 days 
after receiving it.
    (d) Limitations on Approving Applications.--The Secretary may 
approve an application that an eligible agency has submitted under 
subsection (c) of this section to finance a specific project only if 
the Secretary finds, based on the application, that--
        (1) the amount and duration of the proposed passenger facility 
    fee will result in revenue (including interest and other returns on 
    the revenue) that is not more than the amount necessary to finance 
    the specific project; and
        (2) each project is an eligible airport-related project that 
    will--
            (A) preserve or enhance capacity, safety, or security of 
        the national air transportation system;
            (B) reduce noise resulting from an airport that is part of 
        the system; or
            (C) provide an opportunity for enhanced competition between 
        or among air carriers and foreign air carriers.
    (e) Limitations on Imposing Fees.--(1) An eligible agency may 
impose a passenger facility fee only--
        (A) if the Secretary approves an application that the agency 
    has submitted under subsection (c) of this section; and
        (B) subject to terms the Secretary may prescribe to carry out 
    the objectives of this section.
    (2) A passenger facility fee may not be collected from a 
passenger--
        (A) for more than 2 boardings on a one-way trip or a trip in 
    each direction of a round trip;
        (B) for the boarding to an eligible place under subchapter II 
    of chapter 417 of this title for which essential air service 
    compensation is paid under subchapter II; and
        (C) for a project the Secretary does not approve under this 
    section before October 1, 1993, if, during the fiscal year ending 
    September 30, 1993, the amount available for obligation under 
    subchapter II of chapter 417 of this title is less than 
    $38,600,000, except that this clause--
            (i) does not apply if the amount available for obligation 
        under subchapter II of chapter 417 of this title is less than 
        $38,600,000 because of sequestration or other general 
        appropriations reductions applied proportionately to 
        appropriations accounts throughout an appropriation law; and
            (ii) does not affect the authority of the Secretary to 
        approve the imposition of a fee or the use of revenues, derived 
        from a fee imposed under an approval made under this section, 
        by a public agency that has received an approval to impose a 
        fee under this section before September 30, 1993, regardless of 
        whether the fee is being imposed on September 30, 1993.
    (f) Limitations on Contracts, Leases, and Use Agreements.--(1) A 
contract between an air carrier or foreign air carrier and an eligible 
agency made at any time may not impair the authority of the agency to 
impose a passenger facility fee or to use the passenger facility 
revenue as provided in this section.
    (2) A project financed with a passenger facility fee may not be 
subject to an exclusive long-term lease or use agreement of an air 
carrier or foreign air carrier, as defined by regulations of the 
Secretary.
    (3) A lease or use agreement of an air carrier or foreign air 
carrier related to a project whose construction or expansion was 
financed with a passenger facility fee may not restrict the eligible 
agency from financing, developing, or assigning new capacity at the 
airport with passenger facility revenue.
    (g) Treatment of Revenue.--(1) Passenger facility revenue is not 
airport revenue for purposes of establishing a price under a contract 
between an eligible agency and an air carrier or foreign air carrier.
    (2) An eligible agency may not include in its price base the part 
of the capital costs of a project paid for by using passenger facility 
revenue to establish a price under a contract between the agency and an 
air carrier or foreign air carrier.
    (3) For a project for terminal development, gates and related 
areas, or a facility occupied or used by at least one air carrier or 
foreign air carrier on an exclusive or preferential basis, a price 
payable by an air carrier or foreign air carrier using the facilities 
must at least equal the price paid by an air carrier or foreign air 
carrier using a similar facility at the airport that was not financed 
with passenger facility revenue.
    (h) Compliance.--(1) As necessary to ensure compliance with this 
section, the Secretary shall prescribe regulations requiring 
recordkeeping and auditing of accounts maintained by an air carrier or 
foreign air carrier and its agent collecting a passenger facility fee 
and by the eligible agency imposing the fee.
    (2) The Secretary periodically shall audit and review the use by an 
eligible agency of passenger facility revenue. After review and a 
public hearing, the Secretary may end any part of the authority of the 
agency to impose a passenger facility fee to the extent the Secretary 
decides that the revenue is not being used as provided in this section.
    (3) The Secretary may set off amounts necessary to ensure 
compliance with this section against amounts otherwise payable to an 
eligible agency under subchapter I of chapter 471 of this title if the 
Secretary decides a passenger facility fee is excessive or that 
passenger facility revenue is not being used as provided in this 
section.
    (i) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section. The regulations--
        (1) may prescribe the time and form by which a passenger 
    facility fee takes effect; and
        (2) shall--
            (A) require an air carrier or foreign air carrier and its 
        agent to collect a passenger facility fee that an eligible 
        agency imposes under this section;
            (B) establish procedures for handling and remitting money 
        collected;
            (C) ensure that the money, less a uniform amount the 
        Secretary determines reflects the average necessary and 
        reasonable expenses (net of interest accruing to the carrier 
        and agent after collection and before remittance) incurred in 
        collecting and handling the fee, is paid promptly to the 
        eligible agency for which they are collected; and
            (D) require that the amount collected for any air 
        transportation be noted on the ticket for that air 
        transportation.

Sec. 40118. Government-financed air transportation

    (a) Transportation by Air Carriers Holding Certificates.--A 
department, agency, or instrumentality of the United States Government 
shall take necessary steps to ensure that the transportation of 
passengers and property by air is provided by an air carrier holding a 
certificate under section 41102 of this title if--
        (1) the department, agency, or instrumentality--
            (A) obtains the transportation for itself or in carrying 
        out an arrangement under which payment is made by the 
        Government or payment is made from amounts provided for the use 
        of the Government; or
            (B) provides the transportation to or for a foreign country 
        or international or other organization without reimbursement;
        (2) the transportation is authorized by the certificate or by 
    regulation or exemption of the Secretary of Transportation; and
        (3) the air carrier is--
            (A) available, if the transportation is between a place in 
        the United States and a place outside the United States; or
            (B) reasonably available, if the transportation is between 
        2 places outside the United States.
    (b) Transportation by Foreign Air Carriers.--This section does not 
preclude the transportation of passengers and property by a foreign air 
carrier if the transportation is provided under a bilateral or 
multilateral air transportation agreement to which the Government and 
the government of a foreign country are parties if the agreement--
        (1) is consistent with the goals for international aviation 
    policy of section 40101(e) of this title; and
        (2) provides for the exchange of rights or benefits of similar 
    magnitude.
    (c) Proof.--The Comptroller General shall allow the expenditure of 
an appropriation for transportation in violation of this section only 
when satisfactory proof is presented showing the necessity for the 
transportation.
    (d) Transportation by Foreign Air Carriers.--Notwithstanding 
subsections (a) and (c) of this section, any amount appropriated to the 
Secretary of State, the Director of the United States Information 
Agency, the Director of the United States International Development 
Cooperation Agency, or the Director of the Arms Control and Disarmament 
Agency may be used to pay for the transportation of an officer or 
employee of the Department of State or one of those agencies, a 
dependent of the officer or employee, and accompanying baggage, by a 
foreign air carrier when the transportation is between 2 places outside 
the United States.
    (e) Relationship to Other Laws.--This section does not affect the 
application of the antidiscrimination provisions of this part.

Sec. 40119. Security and research and development activities

    (a) General Requirements.--The Administrator of the Federal 
Aviation Administration shall conduct research (including behavioral 
research) and development activities appropriate to develop, modify, 
test, and evaluate a system, procedure, facility, or device to protect 
passengers and property against acts of criminal violence and aircraft 
piracy.
    (b) Disclosure.--(1) Notwithstanding section 552 of title 5, the 
Administrator shall prescribe regulations prohibiting disclosure of 
information obtained or developed in carrying out security or research 
and development activities under section 44501(a) or (c), 44502(a)(1) 
or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511, 44512, 44513, 
44901, 44903(a), (b), (c), or (e), 44905, 44912, 44935, 44936, or 
44938(a) or (b) of this title if the Administrator decides disclosing 
the information would--
        (A) be an unwarranted invasion of personal privacy;
        (B) reveal a trade secret or privileged or confidential 
    commercial or financial information; or
        (C) be detrimental to the safety of passengers in air 
    transportation.
    (2) Paragraph (1) of this subsection does not authorize information 
to be withheld from a committee of Congress authorized to have the 
information.
    (c) Transfers of Duties and Powers Prohibited.--Except as otherwise 
provided by law, the Administrator may not transfer a duty or power 
under this section to another department, agency, or instrumentality of 
the United States Government.

Sec. 40120. Relationship to other laws

    (a) Nonapplication.--Except as provided in the International 
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation 
and shipping laws of the United States and the rules for the prevention 
of collisions do not apply to aircraft or to the navigation of vessels 
related to those aircraft.
    (b) Extending Application Outside United States.--The President may 
extend (in the way and for periods the President considers necessary) 
the application of this part to outside the United States when--
        (1) an international arrangement gives the United States 
    Government authority to make the extension; and
        (2) the President decides the extension is in the national 
    interest.
    (c) Additional Remedies.--A remedy under this part is in addition 
to any other remedies provided by law.

                    SUBPART II--ECONOMIC REGULATION

                 CHAPTER 411--AIR CARRIER CERTIFICATES

Sec.
41101.  Requirement for a certificate.
41102.  General, temporary, and charter air transportation certificates 
          of air carriers.
41103.  All-cargo air transportation certificates of air carriers.
41104.  Additional limitations and requirements of charter air carriers.
41105.  Transfers of certificates.
41106.  Airlift service.
41107.  Transportation of mail.
41108.  Applications for certificates.
41109.  Terms of certificates.
41110.  Effective periods and amendments, modifications, suspensions, 
          and revocations of certificates.
41111.  Simplified procedure to apply for, amend, modify, suspend, and 
          transfer certificates.
41112.  Liability insurance and financial responsibility.

Sec. 41101. Requirement for a certificate

    (a) General.--Except as provided in this chapter or another law--
        (1) an air carrier may provide air transportation only if the 
    air carrier holds a certificate issued under this chapter 
    authorizing the air transportation;
        (2) a charter air carrier may provide charter air 
    transportation only if the charter air carrier holds a certificate 
    issued under this chapter authorizing the charter air 
    transportation; and
        (3) an air carrier may provide all-cargo air transportation 
    only if the air carrier holds a certificate issued under this 
    chapter authorizing the all-cargo air transportation.
    (b) Through Service and Joint Transportation.--A citizen of the 
United States providing transportation in a State of passengers or 
property as a common carrier for compensation with aircraft capable of 
carrying at least 30 passengers, under authority granted by the 
appropriate State authority--
        (1) may provide transportation for passengers and property that 
    includes through service by the citizen over its routes in the 
    State and in air transportation by an air carrier or foreign air 
    carrier; and
        (2) subject to sections 41309 and 42111 of this title, may make 
    an agreement with an air carrier or foreign air carrier to provide 
    the joint transportation.
    (c) Proprietary or Exclusive Right Not Conferred.--A certificate 
issued under this chapter does not confer a proprietary or exclusive 
right to use airspace, an airway of the United States, or an air 
navigation facility.

Sec. 41102. General, temporary, and charter air transportation 
            certificates of air carriers

    (a) Issuance.--The Secretary of Transportation may issue a 
certificate of public convenience and necessity to a citizen of the 
United States authorizing the citizen to provide any part of the 
following air transportation the citizen has applied for under section 
41108 of this title:
        (1) air transportation as an air carrier.
        (2) temporary air transportation as an air carrier for a 
    limited period.
        (3) charter air transportation as a charter air carrier.
    (b) Findings Required for Issuance.--(1) Before issuing a 
certificate under subsection (a) of this section, the Secretary must 
find that the citizen is fit, willing, and able to provide the 
transportation to be authorized by the certificate and to comply with 
this part and regulations of the Secretary.
    (2) In addition to the findings under paragraph (1) of this 
subsection, the Secretary, before issuing a certificate under 
subsection (a) of this section for foreign air transportation, must 
find that the transportation is consistent with the public convenience 
and necessity.
    (c) Temporary Certificates.--The Secretary may issue a certificate 
under subsection (a) of this section for interstate air transportation 
(except the transportation of passengers) or foreign air transportation 
for a temporary period of time (whether the application is for 
permanent or temporary authority) when the Secretary decides that a 
test period is desirable--
        (1) to decide if the projected services, efficiencies, methods, 
    and prices and the projected results will materialize and remain 
    for a sustained period of time; or
        (2) to evaluate the new transportation.
    (d) Foreign Air Transportation.--The Secretary shall submit each 
decision authorizing the provision of foreign air transportation to the 
President under section 41307 of this title.

Sec. 41103. All-cargo air transportation certificates of air carriers

    (a) Applications.--A citizen of the United States may apply to the 
Secretary of Transportation for a certificate authorizing the citizen 
to provide all-property air transportation. The application must 
contain information and be in the form the Secretary by regulation 
requires.
    (b) Issuance.--Not later than 180 days after an application for a 
certificate is filed under this section, the Secretary shall issue the 
certificate to a citizen of the United States authorizing the citizen, 
as an air carrier, to provide any part of the all-cargo air 
transportation applied for unless the Secretary finds that the citizen 
is not fit, willing, and able to provide the all-cargo air 
transportation to be authorized by the certificate and to comply with 
regulations of the Secretary.
    (c) Terms.--The Secretary may impose terms the Secretary considers 
necessary when issuing a certificate under this section. However, the 
Secretary may not impose terms that restrict the places served or 
prices charged by the holder of the certificate.
    (d) Exemptions and Status.--A citizen issued a certificate under 
this section--
        (1) is exempt in providing the transportation under the 
    certificate from the requirements of--
            (A) section 41101(a)(1) of this title and regulations or 
        procedures prescribed under section 41101(a)(1); and
            (B) other provisions of this part and regulations or 
        procedures prescribed under those provisions when the Secretary 
        finds under regulations of the Secretary that the exemption is 
        appropriate; and
        (2) is an air carrier under this part except to the extent the 
    carrier is exempt under this section from a requirement of this 
    part.

Sec. 41104. Additional limitations and requirements of charter air 
            carriers

    (a) Restrictions.--The Secretary of Transportation may prescribe a 
regulation or issue an order restricting the marketability, 
flexibility, accessibility, or variety of charter air transportation 
provided under a certificate issued under section 41102 of this title 
only to the extent required by the public interest. A regulation 
prescribed or order issued under this subsection may not be more 
restrictive than a regulation related to charter air transportation 
that was in effect on October 1, 1978.
    (b) Alaska.--An air carrier holding a certificate issued under 
section 41102 of this title may provide charter air transportation 
between places in Alaska only to the extent the Secretary decides the 
transportation is required by public convenience and necessity. The 
Secretary may make that decision when issuing, amending, or modifying 
the certificate. This subsection does not apply to a certificate issued 
under section 41102 to a citizen of the United States who, before July 
1, 1977--
        (1) maintained a principal place of business in Alaska; and
        (2) conducted air transport operations between places in Alaska 
    with aircraft with a certificate for gross takeoff weight of more 
    than 40,000 pounds.
    (c) Suspensions.--(1) The Secretary shall suspend for not more than 
30 days any part of the certificate of a charter air carrier if the 
Secretary decides that the failure of the carrier to comply with the 
requirements described in sections 41110(e) and 41112 of this title, or 
a regulation or order of the Secretary under section 41110(e) or 41112, 
requires immediate suspension in the interest of the rights, welfare, 
or safety of the public. The Secretary may act under this paragraph 
without notice or a hearing.
    (2) The Secretary shall begin immediately a hearing to decide if 
the certificate referred to in paragraph (1) of this subsection should 
be amended, modified, suspended, or revoked. Until the hearing is 
completed, the Secretary may suspend the certificate for additional 
periods totaling not more than 60 days. If the Secretary decides that 
the carrier is complying with the requirements described in sections 
41110(e) and 41112 of this title and regulations and orders under 
sections 41110(e) and 41112, the Secretary immediately may end the 
suspension period and proceeding begun under this subsection. However, 
the Secretary is not prevented from imposing a civil penalty on the 
carrier for violating the requirements described in section 41110(e) or 
41112 or a regulation or order under section 41110(e) or 41112.

Sec. 41105. Transfers of certificates

    (a) General.--A certificate issued under section 41102 of this 
title may be transferred only when the Secretary of Transportation 
approves the transfer as being consistent with the public interest.
    (b) Certification to Congress.--When a certificate is transferred, 
the Secretary shall certify to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives that the transfer is 
consistent with the public interest. The Secretary shall include with 
the certification a report analyzing the effects of the transfer on--
        (1) the viability of each carrier involved in the transfer;
        (2) competition in the domestic airline industry; and
        (3) the trade position of the United States in the 
    international air transportation market.

Sec. 41106. Airlift service

    (a) General.--(1) Except as provided in subsection (b) of this 
section, the transportation of passengers or property by transport 
category aircraft in interstate air transportation obtained by the 
Secretary of Defense or the Secretary of a military department through 
a contract of at least 31 days for airlift service in the United States 
may be provided only by an air carrier that--
        (A) has aircraft in the civil reserve air fleet or offers to 
    place the aircraft in that fleet; and
        (B) holds a certificate issued under section 41102 of this 
    title.
    (2) The Secretary of Transportation shall act as expeditiously as 
possible on an application for a certificate under section 41102 of 
this title to provide airlift service.
    (b) Exception.--When the Secretary of Defense decides that no air 
carrier holding a certificate under section 41102 is capable of 
providing, and willing to provide, the airlift service, the Secretary 
of Defense may make a contract to provide the service with an air 
carrier not having a certificate.

Sec. 41107. Transportation of mail

    When the United States Postal Service finds that the needs of the 
Postal Service require the transportation of mail by aircraft in 
foreign air transportation or between places in Alaska, in addition to 
the transportation of mail authorized under certificates in effect, the 
Postal Service shall certify that finding to the Secretary of 
Transportation with a statement about the additional transportation and 
facilities necessary to provide the additional transportation. A copy 
of each certification and statement shall be posted for at least 20 
days in the office of the Secretary. After notice and an opportunity 
for a hearing, the Secretary shall issue a new certificate under 
section 41102 of this title, or amend or modify an existing certificate 
under section 41110(a)(2)(A) of this title, to provide the additional 
transportation and facilities if the Secretary finds the additional 
transportation is required by the public convenience and necessity.

Sec. 41108. Applications for certificates

    (a) Form, Contents, and Proof of Service.--To be issued a 
certificate of public convenience and necessity under section 41102 of 
this title, a citizen of the United States must apply to the Secretary 
of Transportation. The application must--
        (1) be in the form and contain information required by 
    regulations of the Secretary; and
        (2) be accompanied by proof of service on interested persons as 
    required by regulations of the Secretary and on each community that 
    may be affected by the issuance of the certificate.
    (b) Notice, Response, and Actions on Applications.--(1) When an 
application is filed, the Secretary shall post a notice of the 
application in the office of the Secretary and give notice of the 
application to other persons as required by regulations of the 
Secretary. An interested person may file a response with the Secretary 
opposing or supporting the issuance of the certificate. Not later than 
90 days after the application is filed, the Secretary shall--
        (A) provide an opportunity for a public hearing on the 
    application;
        (B) begin the procedure under section 41111 of this title; or
        (C) dismiss the application on its merits.
    (2) An order of dismissal issued by the Secretary under paragraph 
(1)(C) of this subsection is a final order and may be reviewed 
judicially under section 46110 of this title.
    (3) If the Secretary provides an opportunity for a hearing under 
paragraph (1)(A) of this subsection, an initial or recommended decision 
shall be issued not later than 150 days after the date the Secretary 
provides the opportunity. The Secretary shall issue a final order on 
the application not later than 90 days after the decision is issued. 
However, if the Secretary does not act within the 90-day period, the 
initial or recommended decision on an application to provide--
        (A) interstate air transportation is a final order and may be 
    reviewed judicially under section 46110 of this title; and
        (B) foreign air transportation shall be submitted to the 
    President under section 41307 of this title.
    (4) If the Secretary acts under paragraph (1)(B) of this 
subsection, the Secretary shall issue a final order on the application 
not later than 180 days after beginning the procedure on the 
application.
    (5) If a citizen applying for a certificate does not meet the 
procedural schedule adopted by the Secretary in a proceeding, the 
Secretary may extend the period for acting under paragraphs (3) and (4) 
of this subsection by a period equal to the period of delay caused by 
the citizen. In addition to an extension under this paragraph, an 
initial or recommended decision under paragraph (3) of this subsection 
may be delayed for not more than 30 days in extraordinary 
circumstances.
    (c) Proof Requirements.--(1) A citizen applying for a certificate 
must prove that the citizen is fit, willing, and able to provide the 
transportation referred to in section 41102 of this title and to comply 
with this part.
    (2) A person opposing a citizen applying for a certificate must 
prove that the transportation referred to in section 41102(b)(2) of 
this title is not consistent with the public convenience and necessity. 
The transportation is deemed to be consistent with the public 
convenience and necessity unless the Secretary finds, by a 
preponderance of the evidence, that the transportation is not 
consistent with the public convenience and necessity.

Sec. 41109. Terms of certificates

    (a) General.--(1) Each certificate issued under section 41102 of 
this title shall specify the type of transportation to be provided.
    (2) The Secretary of Transportation--
        (A) may prescribe terms for providing air transportation under 
    the certificate that the Secretary finds may be required in the 
    public interest; but
        (B) may not prescribe a term preventing an air carrier from 
    adding or changing schedules, equipment, accommodations, and 
    facilities for providing the authorized transportation to satisfy 
    business development and public demand.
    (3) A certificate issued under section 41102 of this title to 
provide foreign air transportation shall specify the places between 
which the air carrier is authorized to provide the transportation only 
to the extent the Secretary considers practicable and otherwise only 
shall specify each general route to be followed. The Secretary shall 
authorize an air carrier holding a certificate to provide foreign air 
transportation to handle and transport mail of countries other than the 
United States.
    (4) A certificate issued under section 41102 of this title to 
provide foreign charter air transportation shall specify the places 
between which the air carrier is authorized to provide the 
transportation only to the extent the Secretary considers practicable 
and otherwise only shall specify each geographical area in which, or 
between which, the transportation may be provided.
    (b) Modifying Terms.--(1) An air carrier may file with the 
Secretary an application to modify any term of its certificate issued 
under section 41102 of this title to provide interstate or foreign air 
transportation. Not later than 60 days after an application is filed, 
the Secretary shall--
        (A) provide the carrier an opportunity for an oral evidentiary 
    hearing on the record; or
        (B) begin to consider the application under section 41111 of 
    this title.
    (2) The Secretary shall modify each term the Secretary finds to be 
inconsistent with the criteria under section 40101(a) and (b) of this 
title.
    (3) An application under this subsection may not be dismissed under 
section 41108(b)(1)(C) of this title.

Sec. 41110. Effective periods and amendments, modifications, 
            suspensions, and revocations of certificates

    (a) General.--(1) Each certificate issued under section 41102 of 
this title is effective from the date specified in it and remains in 
effect until--
        (A) the Secretary of Transportation suspends or revokes the 
    certificate under this section;
        (B) the end of the period the Secretary specifies for an air 
    carrier having a certificate of temporary authority issued under 
    section 41102(a)(2) of this title; or
        (C) the Secretary certifies that transportation is no longer 
    being provided under a certificate.
    (2) On application or on the initiative of the Secretary and after 
notice and an opportunity for a hearing or, except as provided in 
paragraph (4) of this subsection, under section 41111 of this title, 
the Secretary may--
        (A) amend, modify, or suspend any part of a certificate if the 
    Secretary finds the public convenience and necessity require 
    amendment, modification, or suspension; and
        (B) revoke any part of a certificate if the Secretary finds 
    that the holder of the certificate intentionally does not comply 
    with this chapter, sections 41308-41310(a), 41501, 41503, 41504, 
    41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, and 
    41731-41742, chapter 419, subchapter II of chapter 421, and section 
    46301(b) of this title, a regulation or order of the Secretary 
    under any of those provisions, or a term of its certificate.
    (3) The Secretary may revoke a certificate under paragraph (2)(B) 
of this subsection only if the holder of the certificate does not 
comply, within a reasonable time the Secretary specifies, with an order 
to the holder requiring compliance.
    (4) A certificate to provide foreign air transportation may not be 
amended, modified, suspended, or revoked under section 41111 of this 
title if the holder of the certificate requests an oral evidentiary 
hearing or the Secretary finds, under all the facts and circumstances, 
that the hearing is required in the public interest.
    (b) All-Cargo Air Transportation.--The Secretary may order that a 
certificate issued under section 41103 of this title authorizing all-
cargo air transportation is ineffective if, after notice and an 
opportunity for a hearing, the Secretary finds that the transportation 
is not provided to the minimum extent specified by the Secretary.
    (c) Foreign Air Transportation.--(1) Notwithstanding subsection 
(a)(2)-(4) of this section, after notice and a reasonable opportunity 
for the affected air carrier to present its views, but without a 
hearing, the Secretary may suspend or revoke the authority of an air 
carrier to provide foreign air transportation to a place under a 
certificate issued under section 41102 of this title if the carrier--
        (A) notifies the Secretary, under section 41734(a) of this 
    title or a regulation of the Secretary, that it intends to suspend 
    all transportation to that place; or
        (B) does not provide regularly scheduled transportation to the 
    place for 90 days immediately before the date the Secretary 
    notifies the carrier of the action the Secretary proposes.
    (2) Paragraph (1)(B) of this subsection does not apply to a place 
provided seasonal transportation comparable to the transportation 
provided during the prior year.
    (d) Temporary Certificates.--On application or on the initiative of 
the Secretary, the Secretary may--
        (1) review the performance of an air carrier issued a 
    certificate under section 41102(c) of this title on the basis that 
    the air carrier will provide innovative or low-priced air 
    transportation under the certificate; and
        (2) amend, modify, suspend, or revoke the certificate or 
    authority under subsection (a)(2) or (c) of this section if the air 
    carrier has not provided, or is not providing, the transportation.
    (e) Continuing Requirements.--After notice and an opportunity for a 
hearing, the Secretary shall amend, modify, suspend, or revoke any part 
of a certificate issued under section 41102 of this title if the 
Secretary finds that the air carrier--
        (1) is not fit, willing, and able to continue to provide the 
    transportation authorized by the certificate and to comply with 
    this part and regulations of the Secretary; or
        (2) does not file reports necessary for the Secretary to decide 
    if the carrier is complying with the requirements of clause (1) of 
    this subsection.
    (f) Illegal Importation of Controlled Substances.--The Secretary--
        (1) in consultation with appropriate departments, agencies, and 
    instrumentalities of the United States Government, shall reexamine 
    immediately the fitness of an air carrier that--
            (A) violates the laws and regulations of the United States 
        related to the illegal importation of a controlled substance; 
        or
            (B) does not adopt available measures to prevent the 
        illegal importation of a controlled substance into the United 
        States on its aircraft; and
        (2) when appropriate, shall amend, modify, suspend, or revoke 
    the certificate of the carrier issued under this chapter.
    (g) Responses.--An interested person may file a response with the 
Secretary opposing or supporting the amendment, modification, 
suspension, or revocation of a certificate under subsection (a) of this 
section.

Sec. 41111. Simplified procedure to apply for, amend, modify, suspend, 
            and transfer certificates

    (a) General Requirements.--(1) The Secretary of Transportation 
shall prescribe regulations that simplify the procedure for--
        (A) acting on an application for a certificate to provide air 
    transportation under section 41102 of this title; and
        (B) amending, modifying, suspending, or transferring any part 
    of that certificate under section 41105 or 41110(a) or (c) of this 
    title.
    (2) Regulations under this section shall provide for notice and an 
opportunity for each interested person to file appropriate written 
evidence and argument. An oral evidentiary hearing is not required to 
be provided under this section.
    (b) When Simplified Procedure Used.--The Secretary may use the 
simplified procedure to act on an application for a certificate to 
provide air transportation under section 41102 of this title, or to 
amend, modify, suspend, or transfer any part of that certificate under 
section 41105 or 41110(a) or (c) of this title, when the Secretary 
decides the use of the procedure is in the public interest.
    (c) Contents.--(1) To the extent the Secretary finds practicable, 
regulations under this section shall include each standard the 
Secretary will apply when--
        (A) deciding whether to use the simplified procedure; and
        (B) making a decision on an action in which the procedure is 
    used.
    (2) The regulations may provide that written evidence and argument 
may be filed under section 41108(b) of this title as a part of a 
response opposing or supporting the issuance of a certificate.

Sec. 41112. Liability insurance and financial responsibility

    (a) Liability Insurance.--The Secretary of Transportation may issue 
a certificate to a citizen of the United States to provide air 
transportation as an air carrier under section 41102 of this title only 
if the citizen complies with regulations and orders of the Secretary 
governing the filing of an insurance policy or self-insurance plan 
approved by the Secretary. The policy or plan must be sufficient to 
pay, not more than the amount of the insurance, for bodily injury to, 
or death of, an individual or for loss of, or damage to, property of 
others, resulting from the operation or maintenance of the aircraft 
under the certificate. A certificate does not remain in effect unless 
the carrier complies with this subsection.
    (b) Financial Responsibility.--To protect passengers and shippers 
using an aircraft operated by an air carrier issued a certificate under 
section 41102 of this title, the Secretary may require the carrier to 
file a performance bond or equivalent security in the amount and on 
terms the Secretary prescribes. The bond or security must be sufficient 
to ensure the carrier adequately will pay the passengers and shippers 
when the transportation the carrier agrees to provide is not provided. 
The Secretary shall prescribe the amounts to be paid under this 
subsection.

                CHAPTER 413--FOREIGN AIR TRANSPORTATION

Sec.
41301.  Requirement for a permit.
41302.  Permits of foreign air carriers.
41303.  Transfers of permits.
41304.  Effective periods and amendments, modifications, suspensions, 
          and revocations of permits.
41305.  Applications for permits.
41306.  Simplified procedure to apply for, amend, modify, and suspend 
          permits.
41307.  Presidential review of actions about foreign air transportation.
41308.  Exemption from the antitrust laws.
41309.  Cooperative agreements and requests.
41310.  Discriminatory practices.

Sec. 41301. Requirement for a permit

    A foreign air carrier may provide foreign air transportation only 
if the foreign air carrier holds a permit issued under this chapter 
authorizing the foreign air transportation.

Sec. 41302. Permits of foreign air carriers

    The Secretary of Transportation may issue a permit to a person 
(except a citizen of the United States) authorizing the person to 
provide foreign air transportation as a foreign air carrier if the 
Secretary finds that--
        (1) the person is fit, willing, and able to provide the foreign 
    air transportation to be authorized by the permit and to comply 
    with this part and regulations of the Secretary; and
        (2)(A) the person is qualified, and has been designated by the 
    government of its country, to provide the foreign air 
    transportation under an agreement with the United States 
    Government; or
        (B) the foreign air transportation to be provided under the 
    permit will be in the public interest.

Sec. 41303. Transfers of permits

    A permit issued under section 41302 of this title may be 
transferred only when the Secretary of Transportation approves the 
transfer because the transfer is in the public interest.

Sec. 41304. Effective periods and amendments, modifications, 
            suspensions, and revocations of permits

    (a) General.--The Secretary of Transportation may prescribe the 
period during which a permit issued under section 41302 of this title 
is in effect. After notice and an opportunity for a hearing, the 
Secretary may amend, modify, suspend, or revoke the permit if the 
Secretary finds that action to be in the public interest.
    (b) Suspensions and Restrictions.--Without a hearing, but subject 
to the approval of the President, the Secretary--
        (1) may suspend summarily the permits of foreign air carriers 
    of a foreign country, or amend, modify, or limit the operations of 
    the foreign air carriers under the permits, when the Secretary 
    finds--
            (A) the action is in the public interest; and
            (B) the government, an aeronautical authority, or a foreign 
        air carrier of the foreign country, over the objection of the 
        United States Government, has--
                (i) limited or denied the operating rights of an air 
            carrier; or
                (ii) engaged in unfair, discriminatory, or restrictive 
            practices that have a substantial adverse competitive 
            impact on an air carrier related to air transportation to, 
            from, through, or over the territory of the foreign 
            country; and
        (2) to make this subsection effective, may restrict operations 
    between the United States and the foreign country by a foreign air 
    carrier of a third country.
    (c) Illegal Importation of Controlled Substances.--The Secretary--
        (1) in consultation with appropriate departments, agencies, and 
    instrumentalities of the Government, shall reexamine immediately 
    the fitness of a foreign air carrier that--
            (A) violates the laws and regulations of the United States 
        related to the illegal importation of a controlled substance; 
        or
            (B) does not adopt available measures to prevent the 
        illegal importation of a controlled substance into the United 
        States on its aircraft; and
        (2) when appropriate, shall amend, modify, suspend, or revoke 
    the permit of the carrier issued under this chapter.
    (d) Responses.--An interested person may file a response with the 
Secretary opposing or supporting the amendment, modification, 
suspension, or revocation of a permit under subsection (a) of this 
section.

Sec. 41305. Applications for permits

    (a) Form, Contents, Notice, Response, and Actions on 
Applications.--(1) A person must apply in writing to the Secretary of 
Transportation to be issued a permit under section 41302 of this title. 
The Secretary shall prescribe regulations to require that the 
application be--
        (A) verified;
        (B) in a certain form and contain certain information;
        (C) served on interested persons; and
        (D) accompanied by proof of service on those persons.
    (2) When an application is filed, the Secretary shall post a notice 
of the application in the office of the Secretary and give notice of 
the application to other persons as required by regulations of the 
Secretary. An interested person may file a response with the Secretary 
opposing or supporting the issuance of the permit. The Secretary shall 
act on an application as expeditiously as possible.
    (b) Terms.--The Secretary may impose terms for providing foreign 
air transportation under the permit that the Secretary finds may be 
required in the public interest.

Sec. 41306. Simplified procedure to apply for, amend, modify, and 
            suspend permits

    (a) Regulations.--The Secretary of Transportation shall prescribe 
regulations that simplify the procedure for--
        (1) acting on an application for a permit to provide foreign 
    air transportation under section 41302 of this title; and
        (2) amending, modifying, or suspending any part of that permit 
    under section 41304(a) or (b) of this title.
    (b) Notice and Opportunity To Respond.--Regulations under this 
section shall provide for notice and an opportunity for each interested 
person to file appropriate written evidence and argument. An oral 
evidentiary hearing is not required to be provided under this section.

Sec. 41307. Presidential review of actions about foreign air 
            transportation

    The Secretary of Transportation shall submit to the President for 
review each decision of the Secretary to issue, deny, amend, modify, 
suspend, revoke, or transfer a certificate issued under section 41102 
of this title authorizing an air carrier, or a permit issued under 
section 41302 of this title authorizing a foreign air carrier, to 
provide foreign air transportation. The President may disapprove the 
decision of the Secretary only if the reason for disapproval is based 
on foreign relations or national defense considerations that are under 
the jurisdiction of the President. The President may not disapprove a 
decision of the Secretary if the reason is economic or related to 
carrier selection. A decision of the Secretary--
        (1) is void if the President disapproves the decision and 
    publishes the reasons (to the extent allowed by national security) 
    for disapproval not later than 60 days after it is submitted to the 
    President; or
        (2)(A) takes effect as a decision of the Secretary if the 
    President does not disapprove the decision not later than 60 days 
    after the decision is submitted to the President; and
        (B) when effective, may be reviewed judicially under section 
    46110 of this title.

Sec. 41308. Exemption from the antitrust laws

    (a) Definition.--In this section, ``antitrust laws'' has the same 
meaning given that term in the first section of the Clayton Act (15 
U.S.C. 12).
    (b) Exemption Authorized.--When the Secretary of Transportation 
decides it is required by the public interest, the Secretary, as part 
of an order under section 41309 or 42111 of this title, may exempt a 
person affected by the order from the antitrust laws to the extent 
necessary to allow the person to proceed with the transaction 
specifically approved by the order and with any transaction necessarily 
contemplated by the order.
    (c) Exemption Required.--In an order under section 41309 of this 
title approving an agreement, request, modification, or cancellation, 
the Secretary, on the basis of the findings required under section 
41309(b)(1), shall exempt a person affected by the order from the 
antitrust laws to the extent necessary to allow the person to proceed 
with the transaction specifically approved by the order and with any 
transaction necessarily contemplated by the order.

Sec. 41309. Cooperative agreements and requests

    (a) Filing.--An air carrier or foreign air carrier may file with 
the Secretary of Transportation a true copy of or, if oral, a true and 
complete memorandum of, an agreement (except an agreement related to 
interstate air transportation), or a request for authority to discuss 
cooperative arrangements (except arrangements related to interstate air 
transportation), and any modification or cancellation of an agreement, 
between the air carrier or foreign air carrier and another air carrier, 
a foreign carrier, or another carrier.
    (b) Approval.--The Secretary of Transportation shall approve an 
agreement, request, modification, or cancellation referred to in 
subsection (a) of this section when the Secretary finds it is not 
adverse to the public interest and is not in violation of this part. 
However, the Secretary shall disapprove--
        (1) or, after periodic review, end approval of, an agreement, 
    request, modification, or cancellation, that substantially reduces 
    or eliminates competition unless the Secretary finds that--
            (A) the agreement, request, modification, or cancellation 
        is necessary to meet a serious transportation need or to 
        achieve important public benefits (including international 
        comity and foreign policy considerations); and
            (B) the transportation need cannot be met or those benefits 
        cannot be achieved by reasonably available alternatives that 
        are materially less anticompetitive; or
        (2) an agreement that--
            (A) is between an air carrier not directly operating 
        aircraft in foreign air transportation and a common carrier 
        subject to subtitle IV of this title; and
            (B) governs the compensation the common carrier may receive 
        for the transportation.
    (c) Notice and Opportunity To Respond or for Hearing.--(1) When an 
agreement, request, modification, or cancellation is filed, the 
Secretary of Transportation shall give the Attorney General and the 
Secretary of State written notice of, and an opportunity to submit 
written comments about, the filing. On the initiative of the Secretary 
of Transportation or on request of the Attorney General or Secretary of 
State, the Secretary of Transportation may conduct a hearing to decide 
whether an agreement, request, modification, or cancellation is 
consistent with this part whether or not it was approved previously.
    (2) In a proceeding before the Secretary of Transportation applying 
standards under subsection (b)(1) of this section, a party opposing an 
agreement, request, modification, or cancellation has the burden of 
proving that it substantially reduces or eliminates competition and 
that less anticompetitive alternatives are available. The party 
defending the agreement, request, modification, or cancellation has the 
burden of proving the transportation need or public benefits.
    (3) The Secretary of Transportation shall include the findings 
required by subsection (b)(1) of this section in an order of the 
Secretary approving or disapproving an agreement, request, 
modification, or cancellation.

Sec. 41310. Discriminatory practices

    (a) Prohibition.--An air carrier or foreign air carrier may not 
subject a person, place, port, or type of traffic in foreign air 
transportation to unreasonable discrimination.
    (b) Review and Negotiation of Discriminatory Foreign Charges.--(1) 
The Secretary of Transportation shall survey charges imposed on an air 
carrier by the government of a foreign country or another foreign 
entity for the use of airport property or airway property in foreign 
air transportation. If the Secretary of Transportation decides that a 
charge is discriminatory, the Secretary promptly shall report the 
decision to the Secretary of State. The Secretaries of State and 
Transportation promptly shall begin negotiations with the appropriate 
government to end the discrimination. If the discrimination is not 
ended in a reasonable time through negotiation, the Secretary of 
Transportation shall establish a compensating charge equal to the 
discriminatory charge. With the approval of the Secretary of State, the 
Secretary of the Treasury shall impose the compensating charge on a 
foreign air carrier of that country as a condition to accepting the 
general declaration of the aircraft of the foreign air carrier when it 
lands or takes off.
    (2) The Secretary of the Treasury shall maintain an account to 
credit money collected under paragraph (1) of this subsection. An air 
carrier shall be paid from the account an amount certified by the 
Secretary of Transportation to compensate the air carrier for the 
discriminatory charge paid to the government.
    (c) Actions Against Discriminatory Activity.--(1) The Secretary of 
Transportation may take actions the Secretary considers are in the 
public interest to eliminate an activity of a government of a foreign 
country or another foreign entity, including a foreign air carrier, 
when the Secretary, on the initiative of the Secretary or on complaint, 
decides that the activity--
        (A) is an unjustifiable or unreasonable discriminatory, 
    predatory, or anticompetitive practice against an air carrier; or
        (B) imposes an unjustifiable or unreasonable restriction on 
    access of an air carrier to a foreign market.
    (2) The Secretary of Transportation may deny, amend, modify, 
suspend, revoke, or transfer under paragraph (1) of this subsection a 
foreign air carrier permit or tariff under section 41302, 41303, 
41304(a), 41504(c), 41507, or 41509 of this title.
    (d) Filing of, and Acting on, Complaints.--(1) An air carrier or a 
department, agency, or instrumentality of the United States Government 
may file a complaint under subsection (c) of this section with the 
Secretary of Transportation. The Secretary shall approve, deny, or 
dismiss the complaint, set the complaint for a hearing or 
investigation, or begin another proceeding proposing remedial action 
not later than 60 days after receiving the complaint. The Secretary may 
extend the period for acting for additional periods totaling not more 
than 30 days if the Secretary decides that with additional time it is 
likely that a complaint can be resolved satisfactorily through 
negotiations with the government of the foreign country or foreign 
entity. The Secretary must act not later than 90 days after receiving 
the complaint. However, the Secretary may extend this 90-day period for 
not more than an additional 90 days if, on the last day of the initial 
90-day period, the Secretary finds that--
        (A) negotiations with the government have progressed to a point 
    that a satisfactory resolution of the complaint appears imminent;
        (B) an air carrier has not been subjected to economic injury by 
    the government or entity as a result of filing the complaint; and
        (C) the public interest requires additional time before the 
    Secretary acts on the complaint.
    (2) In carrying out paragraph (1) of this subsection and subsection 
(c) of this section, the Secretary of Transportation shall--
        (A) solicit the views of the Secretaries of Commerce and State 
    and the United States Trade Representative;
        (B) give an affected air carrier or foreign air carrier 
    reasonable notice and an opportunity to submit written evidence and 
    arguments within the time limits of this subsection; and
        (C) submit to the President under section 41307 or 41509(f) of 
    this title actions proposed by the Secretary of Transportation.
    (e) Review.--(1) The Secretaries of State, the Treasury, and 
Transportation and the heads of other departments, agencies, and 
instrumentalities of the Government shall keep under review, to the 
extent of each of their jurisdictions, each form of discrimination or 
unfair competitive practice to which an air carrier is subject when 
providing foreign air transportation. Each Secretary and head shall--
        (A) take appropriate action to eliminate any discrimination or 
    unfair competitive practice found to exist; and
        (B) request Congress to enact legislation when the authority to 
    eliminate the discrimination or unfair practice is inadequate.
    (2) The Secretary of Transportation shall report to Congress 
annually on each action taken under paragraph (1) of this subsection 
and on the continuing program to eliminate discrimination and unfair 
competitive practices. The Secretaries of State and the Treasury each 
shall give the Secretary of Transportation information necessary to 
prepare the report.
    (f) Reports.--Not later than 30 days after acting on a complaint 
under this section, the Secretary of Transportation shall report to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on action taken under this section on the 
complaint.

                          CHAPTER 415--PRICING

Sec.
41501.  Establishing reasonable prices, classifications, rules, 
          practices, and divisions of joint prices for foreign air 
          transportation.
41502.  Establishing joint prices for through routes with other common 
          carriers.
41503.  Establishing joint prices for through routes provided by State 
          authorized carriers.
41504.  Tariffs for foreign air transportation.
41505.  Uniform methods for establishing joint prices, and divisions of 
          joint prices, applicable to commuter air carriers.
41506.  Price division filing requirements for foreign air 
          transportation.
41507.  Authority of the Secretary of Transportation to change prices, 
          classifications, rules, and practices for foreign air 
          transportation.
41508.  Authority of the Secretary of Transportation to adjust divisions 
          of joint prices for foreign air transportation.
41509.  Authority of the Secretary of Transportation to suspend, cancel, 
          and reject tariffs for foreign air transportation.
41510.  Required adherence to foreign air transportation tariffs.
41511.  Special prices for foreign air transportation.

Sec. 41501. Establishing reasonable prices, classifications, rules, 
            practices, and divisions of joint prices for foreign air 
            transportation

    Every air carrier and foreign air carrier shall establish, comply 
with, and enforce--
        (1) reasonable prices, classifications, rules, and practices 
    related to foreign air transportation; and
        (2) for joint prices established for foreign air 
    transportation, reasonable divisions of those prices among the 
    participating air carriers or foreign air carriers without 
    unreasonably discriminating against any of those carriers.

Sec. 41502. Establishing joint prices for through routes with other 
            common carriers

    (a) Joint Prices.--An air carrier may establish reasonable joint 
prices and through service with another common carrier. However, an air 
carrier not directly operating aircraft in air transportation (except 
an air express company) may not establish under this section a joint 
price for the transportation of property with a common carrier subject 
to subtitle IV of this title.
    (b) Prices, Classifications, Rules, and Practices and Divisions of 
Joint Prices.--For through service by an air carrier and a common 
carrier subject to subtitle IV of this title, the participating 
carriers shall establish--
        (1) reasonable prices and reasonable classifications, rules, 
    and practices affecting those prices or the value of the 
    transportation provided under those prices; and
        (2) for joint prices established for the through service, 
    reasonable divisions of those joint prices among the participating 
    carriers.
    (c) Statements Included in Tariffs.--An air carrier and a common 
carrier subject to subtitle IV of this title that are participating in 
through service and joint prices shall include in their tariffs, filed 
with the Secretary of Transportation, a statement showing the through 
service and joint prices.

Sec. 41503. Establishing joint prices for through routes provided by 
            State authorized carriers

    Subject to sections 41309 and 42111 of this title, a citizen of the 
United States providing transportation under section 41101(b) of this 
title may make an agreement with an air carrier or foreign air carrier 
for joint prices for that transportation. The joint prices agreed to 
must be the lowest of--
        (1) the sum of the applicable prices for--
            (A) the part of the transportation provided in the State 
        and approved by the appropriate State authority; and
            (B) the part of the transportation provided by the air 
        carrier or foreign air carrier;
        (2) a joint price established and filed under section 41504 of 
    this title; or
        (3) a joint price prescribed by the Secretary of Transportation 
    under section 41507 of this title.

Sec. 41504. Tariffs for foreign air transportation

    (a) Filing and Contents.--In the way prescribed by regulation by 
the Secretary of Transportation, every air carrier and foreign air 
carrier shall file with the Secretary, publish, and keep open to public 
inspection, tariffs showing the prices for the foreign air 
transportation provided between places served by the carrier and 
provided between places served by the carrier and places served by 
another air carrier or foreign air carrier with which through service 
and joint prices have been established. A tariff--
        (1) shall contain--
            (A) to the extent the Secretary requires by regulation, a 
        description of the classifications, rules, and practices 
        related to the foreign air transportation;
            (B) a statement of the prices in money of the United 
        States; and
            (C) other information the Secretary requires by regulation; 
        and
        (2) may contain--
            (A) a statement of the prices in money that is not money of 
        the United States; and
            (B) information that is required under the laws of a 
        foreign country in or to which the air carrier or foreign air 
        carrier is authorized to operate.
    (b) Changes.--(1) Except as provided in paragraph (2) of this 
subsection, an air carrier or foreign air carrier may change a price or 
a classification, rule, or practice affecting that price or the value 
of the transportation provided under that price, specified in a tariff 
of the carrier for foreign air transportation only after 30 days after 
the carrier has filed, published, and posted notice of the proposed 
change in the same way as required for a tariff under subsection (a) of 
this section. However, the Secretary may prescribe an alternative 
notice requirement, of at least 25 days, to allow an air carrier or 
foreign air carrier to match a proposed change in a passenger fare or a 
charge of another air carrier or foreign air carrier. A notice under 
this paragraph must state plainly the change proposed and when the 
change will take effect.
    (2) If the effect of a proposed change would be to begin a 
passenger fare that is outside of, or not covered by, the range of 
passenger fares specified under section 41509(e)(2) and (3) of this 
title, the proposed change may be put into effect only on the 
expiration of 60 days after the notice is filed under regulations 
prescribed by the Secretary.
    (c) Rejection of Changes.--The Secretary may reject a tariff or 
tariff change that is not consistent with this section and regulations 
prescribed by the Secretary. A tariff or change that is rejected is 
void.

Sec. 41505. Uniform methods for establishing joint prices, and 
            divisions of joint prices, applicable to commuter air 
            carriers

    (a) Definition.--In this section, ``commuter air carrier'' means an 
air carrier providing transportation under section 40109(f) of this 
title that provides at least 5 scheduled roundtrips a week between the 
same 2 places.
    (b) General.--Except as provided in subsection (c) of this section, 
when the Secretary of Transportation prescribes under section 41508 or 
41509 of this title a uniform method generally applicable to 
establishing joint prices and divisions of joint prices for and between 
air carriers holding certificates issued under section 41102 of this 
title, the Secretary shall make that uniform method apply to 
establishing joint prices and divisions of joint prices for and between 
air carriers and commuter air carriers.
    (c) Notice Required Before Modifying, Suspending, or Ending 
Transportation.--A commuter air carrier that has an agreement with an 
air carrier to provide transportation for passengers and property that 
includes through service by the commuter air carrier over the commuter 
air carrier's routes and air transportation provided by the air carrier 
shall give the air carrier and the Secretary at least 90 days' notice 
before modifying, suspending, or ending the transportation. If the 
commuter air carrier does not give that notice, the uniform method of 
establishing joint prices and divisions of joint prices referred to in 
subsection (b) of this section does not apply to the commuter air 
carrier.

Sec. 41506. Price division filing requirements for foreign air 
            transportation

    Every air carrier and foreign air carrier shall keep currently on 
file with the Secretary of Transportation, if the Secretary requires, 
the established divisions of all joint prices for foreign air 
transportation in which the carrier participates.

Sec. 41507. Authority of the Secretary of Transportation to change 
            prices, classifications, rules, and practices for foreign 
            air transportation

    (a) General.--When the Secretary of Transportation decides that a 
price charged or received by an air carrier or foreign air carrier for 
foreign air transportation, or a classification, rule, or practice 
affecting that price or the value of the transportation provided under 
that price, is or will be unreasonably discriminatory, the Secretary 
may--
        (1) change the price, classification, rule, or practice as 
    necessary to correct the discrimination; and
        (2) order the air carrier or foreign air carrier to stop 
    charging or collecting the discriminatory price or carrying out the 
    discriminatory classification, rule, or practice.
    (b) When Secretary May Act.--The Secretary may act under this 
section on the Secretary's own initiative or on a complaint filed with 
the Secretary and only after notice and an opportunity for a hearing.

Sec. 41508. Authority of the Secretary of Transportation to adjust 
            divisions of joint prices for foreign air transportation

    (a) General.--When the Secretary of Transportation decides that a 
division between air carriers, foreign air carriers, or both, of a 
joint price for foreign air transportation is or will be unreasonable 
or unreasonably discriminatory against any of those carriers, the 
Secretary shall prescribe a reasonable division of the joint price 
among those carriers. The Secretary may order the adjustment in the 
division of the joint price to be made retroactively to the date the 
complaint was filed, the date the order for an investigation was made, 
or a later date the Secretary decides is reasonable.
    (b) When Secretary May Act.--The Secretary may act under this 
section on the Secretary's own initiative or on a complaint filed with 
the Secretary and only after notice and an opportunity for a hearing.

Sec. 41509. Authority of the Secretary of Transportation to suspend, 
            cancel, and reject tariffs for foreign air transportation

    (a) Cancellation and Rejection.--(1) On the initiative of the 
Secretary of Transportation or on a complaint filed with the Secretary, 
the Secretary may conduct a hearing to decide whether a price for 
foreign air transportation contained in an existing or newly filed 
tariff of an air carrier or foreign air carrier, a classification, 
rule, or practice affecting that price, or the value of the 
transportation provided under that price, is lawful. The Secretary may 
begin the hearing at once and without an answer or another formal 
pleading by the air carrier or foreign air carrier, but only after 
reasonable notice. If, after the hearing, the Secretary decides that 
the price, classification, rule, or practice is or will be unreasonable 
or unreasonably discriminatory, the Secretary may cancel or reject the 
tariff and prevent the use of the price, classification, rule, or 
practice.
    (2) With or without a hearing, the Secretary may cancel or reject 
an existing or newly filed tariff of a foreign air carrier and prevent 
the use of a price, classification, rule, or practice when the 
Secretary decides that the cancellation or rejection is in the public 
interest.
    (3) In deciding whether to cancel or reject a tariff of an air 
carrier or foreign air carrier under this subsection, the Secretary 
shall consider--
        (A) the effect of the price on the movement of traffic;
        (B) the need in the public interest of adequate and efficient 
    transportation by air carriers and foreign air carriers at the 
    lowest cost consistent with providing the transportation;
        (C) the standards prescribed under law related to the character 
    and quality of transportation to be provided by air carriers and 
    foreign air carriers;
        (D) the inherent advantages of transportation by aircraft;
        (E) the need of the air carrier and foreign air carrier for 
    revenue sufficient to enable the air carrier and foreign air 
    carrier, under honest, economical, and efficient management, to 
    provide adequate and efficient air carrier and foreign air carrier 
    transportation;
        (F) whether the price will be predatory or tend to monopolize 
    competition among air carriers and foreign air carriers in foreign 
    air transportation;
        (G) reasonably estimated or foreseeable future costs and 
    revenues for the air carrier or foreign air carrier for a 
    reasonably limited future period during which the price would be in 
    effect; and
        (H) other factors.
    (b) Suspension.--(1)(A) Pending a decision under subsection (a)(1) 
of this section, the Secretary may suspend a tariff and the use of a 
price contained in the tariff or a classification, rule, or practice 
affecting that price.
    (B) The Secretary may suspend a tariff of a foreign air carrier and 
the use of a price, classification, rule, or practice when the 
suspension is in the public interest.
    (2) A suspension becomes effective when the Secretary files with 
the tariff and delivers to the air carrier or foreign air carrier 
affected by the suspension a written statement of the reasons for the 
suspension. To suspend a tariff, reasonable notice of the suspension 
must be given to the affected carrier.
    (3) The suspension of a newly filed tariff may be for periods 
totaling not more than 365 days after the date the tariff otherwise 
would go into effect. The suspension of an existing tariff may be for 
periods totaling not more than 365 days after the effective date of the 
suspension. The Secretary may rescind at any time the suspension of a 
newly filed tariff and allow the price, classification, rule, or 
practice to go into effect.
    (c) Effective Tariffs and Prices When Tariff Is Suspended, 
Canceled, or Rejected.--(1) If a tariff is suspended pending the 
outcome of a proceeding under subsection (a) of this section and the 
Secretary does not take final action in the proceeding during the 
suspension period, the tariff goes into effect at the end of that 
period subject to cancellation when the proceeding is concluded.
    (2)(A) During the period of suspension, or after the cancellation 
or rejection, of a newly filed tariff (including a tariff that has gone 
into effect provisionally), the affected air carrier or foreign air 
carrier shall maintain in effect and use--
        (i) the corresponding seasonal prices, or the classifications, 
    rules, and practices affecting those prices or the value of 
    transportation provided under those prices, that were in effect for 
    the carrier immediately before the new tariff was filed; or
        (ii) another price provided for under an applicable 
    intergovernmental agreement or understanding.
    (B) If the suspended, canceled, or rejected tariff is the first 
tariff of the carrier for the covered transportation, the carrier, for 
the purpose of operations during the period of suspension or pending 
effectiveness of a new tariff, may file another tariff containing a 
price or another classification, rule, or practice affecting the price, 
or the value of the transportation provided under the price, that is in 
effect (and not subject to a suspension order) for any air carrier 
providing the same transportation.
    (3) If an existing tariff is suspended or canceled, the affected 
air carrier or foreign air carrier, for the purpose of operations 
during the period of suspension or pending effectiveness of a new 
tariff, may file another tariff containing a price or another 
classification, rule, or practice affecting the price, or the value of 
the transportation provided under the price, that is in effect (and not 
subject to a suspension order) for any air carrier providing the same 
transportation.
    (d) Response to Refusal of Foreign Country To Allow Air Carrier To 
Charge a Price.--When the Secretary finds that the government or an 
aeronautical authority of a foreign country has refused to allow an air 
carrier to charge a price contained in a tariff filed and published 
under section 41504 of this title for foreign air transportation to the 
foreign country--
        (1) the Secretary, without a hearing--
            (A) may suspend any existing tariff of a foreign air 
        carrier providing transportation between the United States and 
        the foreign country for periods totaling not more than 365 days 
        after the date of the suspension; and
            (B) may order the foreign air carrier to charge, during the 
        suspension periods, prices that are the same as those contained 
        in a tariff (designated by the Secretary) of an air carrier 
        filed and published under section 41504 of this title for 
        foreign air transportation to the foreign country; and
        (2) a foreign air carrier may continue to provide foreign air 
    transportation to the foreign country only if the government or 
    aeronautical authority of the foreign country allows an air carrier 
    to start or continue foreign air transportation to the foreign 
    country at the prices designated by the Secretary.
    (e) Standard Foreign Fare Level.--(1)(A) In this subsection, 
``standard foreign fare level'' means--
        (i) for a class of fares existing on October 1, 1979, the fare 
    between 2 places (as adjusted under subparagraph (B) of this 
    paragraph) filed for and allowed by the Civil Aeronautics Board to 
    go into effect after September 30, 1979, and before August 13, 1980 
    (with seasonal fares adjusted by the percentage difference that 
    prevailed between seasons in 1978), or the fare established under 
    section 1002(j)(8) of the Federal Aviation Act of 1958 (Public Law 
    85-726, 72 Stat. 731), as added by section 24(a) of the 
    International Air Transportation Competition Act of 1979 (Public 
    Law 96-192, 94 Stat. 46); or
        (ii) for a class of fares established after October 1, 1979, 
    the fare between 2 places in effect on the effective date of the 
    establishment of the new class.
    (B) At least once every 60 days for fuel costs, and at least once 
every 180 days for other costs, the Secretary shall adjust the standard 
foreign fare level for the particular foreign air transportation to 
which the standard foreign fare level applies by increasing or 
decreasing that level by the percentage change from the last previous 
period in the actual operating cost for each available seat-mile. In 
adjusting a standard foreign fare level, the Secretary may not make an 
adjustment to costs actually incurred. In establishing a standard 
foreign fare level and making adjustments in the level under this 
paragraph, the Secretary may use all relevant or appropriate 
information reasonably available to the Secretary.
    (2) The Secretary may not decide that a proposed fare for foreign 
air transportation is unreasonable on the basis that the fare is too 
low or too high if the proposed fare is neither more than 5 percent 
higher nor 50 percent lower than the standard foreign fare level for 
the same or essentially similar class of transportation. The Secretary 
by regulation may increase the 50 percent specified in this paragraph.
    (3) Paragraph (2) of this subsection does not apply to a proposed 
fare that is not more than--
        (A) 5 percent higher than the standard foreign fare level when 
    the Secretary decides that the proposed fare may be unreasonably 
    discriminatory or that suspension of the fare is in the public 
    interest because of an unreasonable regulatory action by the 
    government of a foreign country that is related to a fare proposal 
    of an air carrier; or
        (B) 50 percent lower than the standard foreign fare level when 
    the Secretary decides that the proposed fare may be predatory or 
    discriminatory or that suspension of the fare is required because 
    of an unreasonable regulatory action by the government of a foreign 
    country that is related to a fare proposal of an air carrier.
    (f) Submission of Orders to President.--The Secretary shall submit 
to the President an order made under this section suspending, 
canceling, or rejecting a price for foreign air transportation, and an 
order rescinding the effectiveness of such an order, before publishing 
the order. Not later than 10 days after its submission, the President 
may disapprove the order on finding disapproval is necessary for United 
States foreign policy or national defense reasons.
    (g) Compliance as Condition of Certificate or Permit.--This section 
and compliance with an order of the Secretary under this section are 
conditions to any certificate or permit held by an air carrier or 
foreign air carrier. An air carrier or foreign air carrier may provide 
foreign air transportation only as long as the carrier maintains prices 
for that transportation that comply with this section and orders of the 
Secretary under this section.

Sec. 41510. Required adherence to foreign air transportation tariffs

    (a) Prohibited Actions by Air Carriers, Foreign Air Carriers, and 
Ticket Agents.--An air carrier, foreign air carrier, or ticket agent 
may not--
        (1) charge or receive compensation for foreign air 
    transportation that is different from the price specified in the 
    tariff of the carrier that is in effect for that transportation;
        (2) refund or remit any part of the price specified in the 
    tariff; or
        (3) extend to any person a privilege or facility, related to a 
    matter required by the Secretary of Transportation to be specified 
    in a tariff for foreign air transportation, except as specified in 
    the tariff.
    (b) Prohibited Actions by Any Person.--A person may not knowingly--
        (1) pay compensation for foreign air transportation of property 
    that is different from the price specified in the tariff in effect 
    for that transportation; or
        (2) solicit, accept, or receive--
            (A) a refund or remittance of any part of the price 
        specified in the tariff; or
            (B) a privilege or facility, related to a matter required 
        by the Secretary to be specified in a tariff for foreign air 
        transportation of property, except as specified in the tariff.

Sec. 41511. Special prices for foreign air transportation

    (a) Free and Reduced Pricing.--This chapter does not prohibit an 
air carrier or foreign air carrier, under terms the Secretary of 
Transportation prescribes, from issuing or interchanging tickets or 
passes for free or reduced-price foreign air transportation to or for 
the following:
        (1) a director, officer, or employee of the carrier (including 
    a retired director, officer, or employee who is receiving 
    retirement benefits from an air carrier or foreign air carrier).
        (2) a parent or the immediate family of such an officer or 
    employee or the immediate family of such a director.
        (3) a widow, widower, or minor child of an employee of the 
    carrier who died as a direct result of a personal injury sustained 
    when performing a duty in the service of the carrier.
        (4) a witness or attorney attending a legal investigation in 
    which the air carrier is interested.
        (5) an individual injured in an aircraft accident and a 
    physician or nurse attending the individual.
        (6) a parent or the immediate family of an individual injured 
    or killed in an aircraft accident when the transportation is 
    related to the accident.
        (7) an individual or property to provide relief in a general 
    epidemic, pestilence, or other emergency.
        (8) other individuals under other circumstances the Secretary 
    prescribes by regulation.
    (b) Space-Available Basis.--Under terms the Secretary prescribes, 
an air carrier or foreign air carrier may grant reduced-price foreign 
air transportation on a space-available basis to the following:
        (1) a minister of religion.
        (2) an individual who is at least 60 years of age and no longer 
    gainfully employed.
        (3) an individual who is at least 65 years of age.
        (4) an individual who has severely impaired vision or hearing 
    or another physical or mental handicap and an accompanying 
    attendant needed by that individual.

                   CHAPTER 417--OPERATIONS OF CARRIERS

                       SUBCHAPTER I--REQUIREMENTS

Sec.
41701.  Classification of air carriers.
41702.  Interstate air transportation.
41703.  Navigation of foreign civil aircraft.
41704.  Transporting property not to be transported in aircraft cabins.
41705.  Discrimination against handicapped individuals.
41706.  Prohibitions against smoking on scheduled flights.
41707.  Incorporating contract terms into written instrument.
41708.  Reports.
41709.  Records of air carriers.
41710.  Time requirements.
41711.  Air carrier management inquiry and cooperation with other 
          authorities.
41712.  Unfair and deceptive practices and unfair methods of 
          competition.
41713.  Preemption of authority over prices, routes, and service.

               SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE

41731.  Definitions.
41732.  Basic essential air service.
41733.  Level of basic essential air service.
41734.  Ending, suspending, and reducing basic essential air service.
41735.  Enhanced essential air service.
41736.  Air transportation to noneligible places.
41737.  Compensation guidelines, limitations, and claims.
41738.  Fitness of air carriers.
41739.  Air carrier obligations.
41740.  Joint proposals.
41741.  Insurance.
41742.  Ending effective date.

                       SUBCHAPTER I--REQUIREMENTS

Sec. 41701. Classification of air carriers

    The Secretary of Transportation may establish--
        (1) reasonable classifications for air carriers when required 
    because of the nature of the transportation provided by them; and
        (2) reasonable requirements for each class when the Secretary 
    decides those requirements are necessary in the public interest.

Sec. 41702. Interstate air transportation

    An air carrier shall provide safe and adequate interstate air 
transportation.

Sec. 41703. Navigation of foreign civil aircraft

    (a) Permitted Navigation.--A foreign aircraft, not part of the 
armed forces of a foreign country, may be navigated in the United 
States only--
        (1) if the country of registry grants a similar privilege to 
    aircraft of the United States;
        (2) by an airman holding a certificate or license issued or 
    made valid by the United States Government or the country of 
    registry;
        (3) if the Secretary of Transportation authorizes the 
    navigation; and
        (4) if the navigation is consistent with terms the Secretary 
    may prescribe.
    (b) Requirements for Authorizing Navigation.--The Secretary may 
authorize navigation under this section only if the Secretary decides 
the authorization is--
        (1) in the public interest; and
        (2) consistent with any agreement between the Government and 
    the government of a foreign country.
    (c) Providing Air Commerce.--The Secretary may authorize an 
aircraft permitted to navigate in the United States under this section 
to provide air commerce in the United States. However, the aircraft may 
take on for compensation, at a place in the United States, passengers 
or cargo destined for another place in the United States only if--
        (1) specifically authorized under section 40109(g) of this 
    title; or
        (2) under regulations the Secretary prescribes authorizing air 
    carriers to provide otherwise authorized air transportation with 
    foreign registered aircraft under lease or charter to them without 
    crew.
    (d) Permit Requirements Not Affected.--This section does not affect 
section 41301 or 41302 of this title. However, a foreign air carrier 
holding a permit under section 41302 does not need to obtain additional 
authorization under this section for an operation authorized by the 
permit.

Sec. 41704. Transporting property not to be transported in aircraft 
            cabins

    Under regulations or orders of the Secretary of Transportation, an 
air carrier shall transport as baggage the property of a passenger 
traveling in air transportation that may not be carried in an aircraft 
cabin because of a law or regulation of the United States. The carrier 
is liable to pay an amount not more than the amount declared to the 
carrier by that passenger for actual loss of, or damage to, the 
property caused by the carrier. The carrier may impose reasonable 
charges and conditions for its liability.

Sec. 41705. Discrimination against handicapped individuals

    In providing air transportation, an air carrier may not 
discriminate against an otherwise qualified individual on the following 
grounds:
        (1) the individual has a physical or mental impairment that 
    substantially limits one or more major life activities.
        (2) the individual has a record of such an impairment.
        (3) the individual is regarded as having such an impairment.

Sec. 41706. Prohibitions against smoking on scheduled flights

    (a) General.--An individual may not smoke in the passenger cabin or 
lavatory of an aircraft on a scheduled airline flight segment in air 
transportation or intrastate air transportation that is--
        (1) between places in a State of the United States, the 
    District of Columbia, Puerto Rico, or the Virgin Islands;
        (2) between a place in any jurisdiction referred to in clause 
    (1) of this subsection (except Alaska and Hawaii) and a place in 
    any other of those jurisdictions; or
        (3)(A) scheduled for not more than 6 hours' duration; and
        (B)(i) between a place referred to in clause (1) of this 
    subsection (except Alaska and Hawaii) and Alaska or Hawaii; or
        (ii) between Alaska and Hawaii.
    (b) Regulations.--The Secretary of Transportation shall prescribe 
regulations necessary to carry out this section.

Sec. 41707. Incorporating contract terms into written instrument

    To the extent the Secretary of Transportation prescribes by 
regulation, an air carrier may incorporate by reference in a ticket or 
written instrument any term of the contract for providing interstate 
air transportation.

Sec. 41708. Reports

    (a) Application.--To the extent the Secretary of Transportation 
finds necessary to carry out this subpart, this section and section 
41709 of this title apply to a person controlling an air carrier or 
affiliated (within the meaning of section 11343(c) of this title) with 
a carrier.
    (b) Requirements.--The Secretary may require an air carrier or 
foreign air carrier--
        (1)(A) to file annual, monthly, periodical, and special reports 
    with the Secretary in the form and way prescribed by the Secretary; 
    and
        (B) to file the reports under oath;
        (2) to provide specific answers to questions on which the 
    Secretary considers information to be necessary; and
        (3) to file with the Secretary a copy of each agreement, 
    arrangement, contract, or understanding between the carrier and 
    another carrier or person related to transportation affected by 
    this subpart.

Sec. 41709. Records of air carriers

    (a) Requirements.--The Secretary of Transportation shall prescribe 
the form of records to be kept by an air carrier, including records on 
the movement of traffic, receipts and expenditures of money, and the 
time period during which the records shall be kept. A carrier may keep 
only records prescribed or approved by the Secretary. However, a 
carrier may keep additional records if the additional records do not 
impair the integrity of the records prescribed or approved by the 
Secretary and are not an unreasonable financial burden on the carrier.
    (b) Inspection.--(1) The Secretary at any time may--
        (A) inspect the land, buildings, and equipment of an air 
    carrier or foreign air carrier when necessary to decide under 
    subchapter II of this chapter or section 41102, 41103, or 41302 of 
    this title whether a carrier is fit, willing, and able; and
        (B) inspect records kept or required to be kept by an air 
    carrier, foreign air carrier, or ticket agent.
    (2) The Secretary may employ special agents or auditors to carry 
out this subsection.

Sec. 41710. Time requirements

    When a matter requiring action of the Secretary of Transportation 
is submitted under section 40109(a) or (c)-(h), 41309, or 42111 of this 
title and an evidentiary hearing--
        (1) is ordered, the Secretary shall make a final decision on 
    the matter not later than the last day of the 12th month that 
    begins after the date the matter is submitted; or
        (2) is not ordered, the Secretary shall make a final decision 
    on the matter not later than the last day of the 6th month that 
    begins after the date the matter is submitted.

Sec. 41711. Air carrier management inquiry and cooperation with other 
            authorities

    In carrying out this subpart, the Secretary of Transportation may--
        (1) inquire into the management of the business of an air 
    carrier and obtain from the air carrier, and a person controlling, 
    controlled by, or under common control with the carrier, 
    information the Secretary decides reasonably is necessary to carry 
    out the inquiry;
        (2) confer and hold a joint hearing with a State authority; and
        (3) exchange information related to aeronautics with a 
    government of a foreign country through appropriate departments, 
    agencies, and instrumentalities of the United States Government.

Sec. 41712. Unfair and deceptive practices and unfair methods of 
            competition

    On the initiative of the Secretary of Transportation or the 
complaint of an air carrier, foreign air carrier, or ticket agent, and 
if the Secretary considers it is in the public interest, the Secretary 
may investigate and decide whether an air carrier, foreign air carrier, 
or ticket agent has been or is engaged in an unfair or deceptive 
practice or an unfair method of competition in air transportation or 
the sale of air transportation. If the Secretary, after notice and an 
opportunity for a hearing, finds that an air carrier, foreign air 
carrier, or ticket agent is engaged in an unfair or deceptive practice 
or unfair method of competition, the Secretary shall order the air 
carrier, foreign air carrier, or ticket agent to stop the practice or 
method.

Sec. 41713. Preemption of authority over prices, routes, and service

    (a) Definition.--In this section, ``State'' means a State, the 
District of Columbia, and a territory or possession of the United 
States.
    (b) Preemption.--(1) Except as provided in this subsection, a 
State, political subdivision of a State, or political authority of at 
least 2 States may not enact or enforce a law, regulation, or other 
provision having the force and effect of law related to a price, route, 
or service of an air carrier that may provide air transportation under 
this subpart.
    (2) Paragraph (1) of this subsection does not apply to air 
transportation provided entirely in Alaska unless the transportation is 
air transportation (except charter air transportation) provided under a 
certificate issued under section 41102 of this title.
    (3) This subsection does not limit a State, political subdivision 
of a State, or political authority of at least 2 States that owns or 
operates an airport served by an air carrier holding a certificate 
issued by the Secretary of Transportation from carrying out its 
proprietary powers and rights.

               SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE

Sec. 41731. Definitions

    (a) General.--In this subchapter--
        (1) ``eligible place'' means a place in the United States 
    that--
            (A) was an eligible point under section 419 of the Federal 
        Aviation Act of 1958 before October 1, 1988;
            (B) received scheduled air transportation at any time after 
        January 1, 1990; and
            (C) is not listed in Department of Transportation Orders 
        89-9-37 and 89-12-52 as a place ineligible for compensation 
        under this subchapter.
        (2) ``enhanced essential air service'' means scheduled air 
    transportation to an eligible place of a higher level or quality 
    than basic essential air service described in section 41732 of this 
    title.
        (3) ``hub airport'' means an airport that each year has at 
    least .25 percent of the total annual boardings in the United 
    States.
        (4) ``nonhub airport'' means an airport that each year has less 
    than .05 percent of the total annual boardings in the United 
    States.
        (5) ``small hub airport'' means an airport that each year has 
    at least .05 percent, but less than .25 percent, of the total 
    annual boardings in the United States.
    (b) Limitation on Authority To Decide a Place Not an Eligible 
Place.--The Secretary of Transportation may not decide that a place 
described in subsection (a)(1) of this section is not an eligible place 
on the basis of a passenger subsidy at that place or on another basis 
that is not specifically stated in this subchapter.

Sec. 41732. Basic essential air service

    (a) General.--Basic essential air service provided under section 
41733 of this title is scheduled air transportation of passengers and 
cargo--
        (1) to a hub airport that has convenient connecting or single-
    plane air service to a substantial number of destinations beyond 
    that airport; or
        (2) to a small hub or nonhub airport, when in Alaska or when 
    the nearest hub airport is more than 400 miles from an eligible 
    place.
    (b) Minimum Requirements.--Basic essential air service shall 
include at least the following:
        (1)(A) for a place not in Alaska, 2 daily round trips 6 days a 
    week, with not more than one intermediate stop on each flight; or
        (B) for a place in Alaska, a level of service at least equal to 
    that provided in 1976 or 2 round trips a week, whichever is 
    greater, except that the Secretary of Transportation and the 
    appropriate State authority of Alaska may agree to a different 
    level of service after consulting with the affected community.
        (2) flights at reasonable times considering the needs of 
    passengers with connecting flights at the airport and at prices 
    that are not excessive compared to the generally prevailing prices 
    of other air carriers for like service between similar places.
        (3) for a place not in Alaska, service provided in an aircraft 
    with an effective capacity of at least 15 passengers if the average 
    daily boardings at the place in any calendar year from 1976-1986 
    were more than 11 passengers unless--
            (A) that level-of-service requirement would require paying 
        compensation in a fiscal year under section 41733(d) or 
        41734(d) or (e) of this title for the place when compensation 
        otherwise would not have been paid for that place in that year; 
        or
            (B) the affected community agrees with the Secretary in 
        writing to the use of smaller aircraft to provide service to 
        the place.
        (4) service accommodating the estimated passenger and property 
    traffic at an average load factor, for each class of traffic 
    considering seasonal demands for the service, of not more than--
            (A) 50 percent; or
            (B) 60 percent when service is provided by aircraft with 
        more than 14 passenger seats.
        (5) service provided in aircraft with at least 2 engines and 
    using 2 pilots, unless scheduled air transportation has not been 
    provided to the place in aircraft with at least 2 engines and using 
    2 pilots for at least 60 consecutive operating days at any time 
    since October 31, 1978.
        (6) service provided by pressurized aircraft when the service 
    is provided by aircraft that regularly fly above 8,000 feet in 
    altitude.

Sec. 41733. Level of basic essential air service

    (a) Decisions Made Before October 1, 1988.--For each eligible place 
for which a decision was made before October 1, 1988, under section 419 
of the Federal Aviation Act of 1958, establishing the level of 
essential air transportation, the level of basic essential air service 
for that place shall be the level established by the Secretary of 
Transportation for that place by not later than December 29, 1988.
    (b) Decisions Not Made Before October 1, 1988.--(1) The Secretary 
shall decide on the level of basic essential air service for each 
eligible place for which a decision was not made before October 1, 
1988, establishing the level of essential air transportation, when the 
Secretary receives notice that service to that place will be provided 
by only one air carrier. The Secretary shall make the decision by the 
last day of the 6-month period beginning on the date the Secretary 
receives the notice. The Secretary may impose notice requirements 
necessary to carry out this subsection. Before making a decision, the 
Secretary shall consider the views of any interested community and the 
appropriate State authority of the State in which the community is 
located.
    (2) Until the Secretary has made a decision on a level of basic 
essential air service for an eligible place under this subsection, the 
Secretary, on petition by an appropriate representative of the place, 
shall prohibit an air carrier from ending, suspending, or reducing air 
transportation to that place that appears to deprive the place of basic 
essential air service.
    (c) Availability of Compensation.--(1) If the Secretary decides 
that basic essential air service will not be provided to an eligible 
place without compensation, the Secretary shall provide notice that an 
air carrier may apply to provide basic essential air service to the 
place for compensation under this section. In selecting an applicant, 
the Secretary shall consider, among other factors--
        (A) the demonstrated reliability of the applicant in providing 
    scheduled air service;
        (B) the contractual and marketing arrangements the applicant 
    has made with a larger carrier to ensure service beyond the hub 
    airport;
        (C) the interline arrangements that the applicant has made with 
    a larger carrier to allow passengers and cargo of the applicant at 
    the hub airport to be transported by the larger carrier through one 
    reservation, ticket, and baggage check-in;
        (D) the preferences of the actual and potential users of air 
    transportation at the eligible place, giving substantial weight to 
    the views of the elected officials representing the users; and
        (E) for an eligible place in Alaska, the experience of the 
    applicant in providing, in Alaska, scheduled air service, or 
    significant patterns of non-scheduled air service under an 
    exemption granted under section 40109(a) and (c)-(h) of this title.
    (2) Under guidelines prescribed under section 41737(a) of this 
title, the Secretary shall pay the rate of compensation for providing 
basic essential air service under this section and section 41734 of 
this title.
    (d) Compensation Payments.--The Secretary shall pay compensation 
under this section at times and in the way the Secretary decides is 
appropriate. The Secretary shall end payment of compensation to an air 
carrier for providing basic essential air service to an eligible place 
when the Secretary decides the compensation is no longer necessary to 
maintain basic essential air service to the place.
    (e) Review.--The Secretary shall review periodically the level of 
basic essential air service for each eligible place. Based on the 
review and consultations with an interested community and the 
appropriate State authority of the State in which the community is 
located, the Secretary may make appropriate adjustments in the level of 
service.

Sec. 41734. Ending, suspending, and reducing basic essential air 
            service

    (a) Notice Required.--An air carrier may end, suspend, or reduce 
air transportation to an eligible place below the level of basic 
essential air service established for that place under section 41733 of 
this title only after giving the Secretary of Transportation, the 
appropriate State authority, and the affected communities at least 90 
days' notice before ending, suspending, or reducing that 
transportation.
    (b) Continuation of Service for 30 Days After Notice Period.--If at 
the end of the notice period under subsection (a) of this section the 
Secretary has not found another air carrier to provide basic essential 
air service to the eligible place, the Secretary shall require the 
carrier providing notice to continue to provide basic essential air 
service to the place for an additional 30-day period or until another 
carrier begins to provide basic essential air service to the place, 
whichever occurs first.
    (c) Continuation of Service for Additional 30-Day Periods.--If at 
the end of the 30-day period under subsection (b) of this section the 
Secretary decides another air carrier will not provide basic essential 
air service to the place on a continuing basis, the Secretary shall 
require the carrier providing service to continue to provide service 
for additional 30-day periods until another carrier begins providing 
service on a continuing basis. At the end of each 30-day period, the 
Secretary shall decide if another carrier will provide service on a 
continuing basis.
    (d) Continuation of Compensation After Notice Period.--If an air 
carrier receiving compensation under section 41733 of this title for 
providing basic essential air service to an eligible place is required 
to continue to provide service to the place under this section after 
the 90-day notice period under subsection (a) of this section, the 
Secretary shall continue to pay that compensation after the last day of 
that period. The Secretary shall pay the compensation until the 
Secretary finds another carrier to provide the service to the place or 
the 90th day after the end of that notice period, whichever is earlier. 
If, after the 90th day after the end of the 90-day notice period, the 
Secretary has not found another carrier to provide the service, the 
carrier required to continue to provide that service shall receive 
compensation sufficient--
        (1) to pay for the fully allocated actual cost to the carrier 
    of performing the basic essential air service that was being 
    provided when the 90-day notice was given under subsection (a) of 
    this section plus a reasonable return on investment that is at 
    least 5 percent of operating costs; and
        (2) to provide the carrier an additional return that recognizes 
    the demonstrated additional lost profits from opportunities 
    foregone and the likelihood that those lost profits increase as the 
    period during which the carrier is required to provide the service 
    continues.
    (e) Compensation to Air Carriers Originally Providing Service 
Without Compensation.--If the Secretary requires an air carrier 
providing basic essential air service to an eligible place without 
compensation under section 41733 of this title to continue providing 
that service after the 90-day notice period required by subsection (a) 
of this section, the Secretary shall provide the carrier with 
compensation after the end of the 90-day notice period that is 
sufficient--
        (1) to pay for the fully allocated actual cost to the carrier 
    of performing the basic essential air service that was being 
    provided when the 90-day notice was given under subsection (a) of 
    this section plus a reasonable return on investment that is at 
    least 5 percent of operating costs; and
        (2) to provide the carrier an additional return that recognizes 
    the demonstrated additional lost profits from opportunities 
    foregone and the likelihood that those lost profits increase as the 
    period during which the carrier is required to provide the service 
    continues.
    (f) Finding Replacement Carriers.--When the Secretary requires an 
air carrier to continue to provide basic essential air service to an 
eligible place, the Secretary shall continue to make every effort to 
find another carrier to provide at least that basic essential air 
service to the place on a continuing basis.
    (g) Transfer of Authority.--If an air carrier, providing basic 
essential air service under section 41733 of this title between an 
eligible place and an airport at which the Administrator of the Federal 
Aviation Administration limits the number of instrument flight rule 
takeoffs and landings of aircraft, provides notice under subsection (a) 
of this section of an intention to end, suspend, or reduce that service 
and another carrier is found to provide the service, the Secretary 
shall require the carrier providing notice to transfer any operational 
authority the carrier has to land or take off at that airport related 
to the service to the eligible place to the carrier that will provide 
the service, if--
        (1) the carrier that will provide the service needs the 
    authority; and
        (2) the authority to be transferred is being used only to 
    provide air service to the eligible place.

Sec. 41735. Enhanced essential air service

    (a) Proposals.--(1) A State or local government may submit a 
proposal to the Secretary of Transportation for enhanced essential air 
service to an eligible place for which basic essential air service is 
being provided under section 41733 of this title. The proposal shall--
        (A) specify the level and type of enhanced essential air 
    service the State or local government considers appropriate; and
        (B) include an agreement related to compensation required for 
    the proposed service.
    (2) The agreement submitted under paragraph (1)(B) of this 
subsection shall provide that--
        (A) the State or local government or a person pay 50 percent of 
    the compensation required for the proposed service and the United 
    States Government pay the remaining 50 percent; or
        (B)(i) the Government pay 100 percent of the compensation; and
        (ii) if the proposed service is not successful for at least a 
    2-year period under the criteria prescribed by the Secretary under 
    paragraph (3) of this subsection, the eligible place is not 
    eligible for air service or air transportation for which 
    compensation is paid by the Secretary under this subchapter.
    (3) The Secretary shall prescribe by regulation objective criteria 
for deciding whether enhanced essential air service to an eligible 
place under this section is successful in terms of--
        (A) increasing passenger usage of the airport facilities at the 
    place; and
        (B) reducing the amount of compensation provided by the 
    Secretary under this subchapter for that service.
    (b) Decisions.--Not later than 90 days after receiving a proposal 
under subsection (a) of this section, the Secretary shall--
        (1) approve the proposal if the Secretary decides the proposal 
    is reasonable; or
        (2) if the Secretary decides the proposal is not reasonable, 
    disapprove the proposal and notify the State or local government of 
    the disapproval and the reasons for the disapproval.
    (c) Compensation Payments.--(1) The Secretary shall pay 
compensation under this section when and in the way the Secretary 
decides is appropriate. Compensation for enhanced essential air service 
under this section may be paid only for the costs incurred in providing 
air service to an eligible place that are in addition to the costs 
incurred in providing basic essential air service to the place under 
section 41733 of this title. The Secretary shall continue to pay 
compensation under this section only as long as--
        (A) the air carrier maintains the level of enhanced essential 
    air service;
        (B) the State or local government or person agreeing to pay 
    compensation under this section continues to pay the compensation; 
    and
        (C) the Secretary decides the compensation is necessary to 
    maintain the service to the place.
    (2) The Secretary may require the State or local government or 
person agreeing to pay compensation under this section to make advance 
payments or provide other security to ensure that timely payments are 
made.
    (d) Review.--(1) The Secretary shall review periodically the 
enhanced essential air service provided to each eligible place under 
this section.
    (2) For service for which the Government pays 50 percent of the 
compensation, based on the review and consultation with the affected 
community and the State or local government or person paying the 
remaining 50 percent of the compensation, the Secretary shall make 
appropriate adjustments in the type and level of service to the place.
    (3) For service for which the Government pays 100 percent of the 
compensation, based on the review and consultation with the State or 
local government submitting the proposal, the Secretary shall decide 
whether the service has succeeded for at least a 2-year period under 
the criteria prescribed under subsection (a)(3) of this section. If 
unsuccessful, the place is not eligible for air service or air 
transportation for which compensation is paid by the Secretary under 
this subchapter.
    (e) Ending, Suspending, and Reducing Air Transportation.--An air 
carrier may end, suspend, or reduce air transportation to an eligible 
place below the level of enhanced essential air service established for 
that place by the Secretary under this section only after giving the 
Secretary, the affected community, and the State or local government or 
person paying compensation for that service at least 30 days' notice 
before ending, suspending, or reducing the service. This subsection 
does not relieve the carrier of an obligation under section 41734 of 
this title.

Sec. 41736. Air transportation to noneligible places

    (a) Proposals and Decisions.--(1) A State or local government may 
propose to the Secretary of Transportation that the Secretary provide 
compensation to an air carrier to provide air transportation to a place 
that is not an eligible place under this subchapter. Not later than 90 
days after receiving a proposal under this section, the Secretary 
shall--
        (A) decide whether to designate the place as eligible to 
    receive compensation under this section; and
        (B)(i) approve the proposal if the State or local government or 
    a person is willing and able to pay 50 percent of the compensation 
    for providing the transportation, and notify the State or local 
    government of the approval; or
        (ii) disapprove the proposal if the Secretary decides the 
    proposal is not reasonable under paragraph (2) of this subsection, 
    and notify the State or local government of the disapproval and the 
    reasons for the disapproval.
    (2) In deciding whether a proposal is reasonable, the Secretary 
shall consider, among other factors--
        (A) the traffic-generating potential of the place;
        (B) the cost to the United States Government of providing the 
    proposed transportation; and
        (C) the distance of the place from the closest hub airport.
    (b) Approval for Certain Air Transportation.--Notwithstanding 
subsection (a)(1)(B) of this section, the Secretary shall approve a 
proposal under this section to compensate an air carrier for providing 
air transportation to a place in the 48 contiguous States or the 
District of Columbia and designate the place as eligible for 
compensation under this section if--
        (1) at any time before October 23, 1978, the place was served 
    by a carrier holding a certificate under section 401 of the Federal 
    Aviation Act of 1958;
        (2) the place is more than 50 miles from the nearest small hub 
    airport or an eligible place;
        (3) the place is more than 150 miles from the nearest hub 
    airport; and
        (4) the State or local government submitting the proposal or a 
    person is willing and able to pay 25 percent of the cost of 
    providing the compensated transportation.
    (c) Level of Air Transportation.--(1) If the Secretary designates a 
place under subsection (a)(1) of this section as eligible for 
compensation under this section, the Secretary shall decide, not later 
than 6 months after the date of the designation, on the level of air 
transportation to be provided under this section. Before making a 
decision, the Secretary shall consider the views of any interested 
community, the appropriate State authority of the State in which the 
place is located, and the State or local government or person agreeing 
to pay compensation for the transportation under subsection (b)(4) of 
this section.
    (2) After making the decision under paragraph (1) of this 
subsection, the Secretary shall provide notice that any air carrier 
that is willing to provide the level of air transportation established 
under paragraph (1) for a place may submit an application to provide 
the transportation. In selecting an applicant, the Secretary shall 
consider, among other factors--
        (A) the factors listed in section 41733(c)(1) of this title; 
    and
        (B) the views of the State or local government or person 
    agreeing to pay compensation for the transportation.
    (d) Compensation Payments.--(1) The Secretary shall pay 
compensation under this section when and in the way the Secretary 
decides is appropriate. The Secretary shall continue to pay 
compensation under this section only as long as--
        (A) the air carrier maintains the level of air transportation 
    established by the Secretary under subsection (c)(1) of this 
    section;
        (B) the State or local government or person agreeing to pay 
    compensation for transportation under this section continues to pay 
    that compensation; and
        (C) the Secretary decides the compensation is necessary to 
    maintain the transportation to the place.
    (2) The Secretary may require the State or local government or 
person agreeing to pay compensation under this section to make advance 
payments or provide other security to ensure that timely payments are 
made.
    (e) Review.--The Secretary shall review periodically the level of 
air transportation provided under this section. Based on the review and 
consultation with any interested community, the appropriate State 
authority of the State in which the community is located, and the State 
or local government or person paying compensation under this section, 
the Secretary may make appropriate adjustments in the level of 
transportation.
    (f) Withdrawal of Eligibility Designations.--After providing notice 
and an opportunity for interested persons to comment, the Secretary may 
withdraw the designation of a place under subsection (a)(1) of this 
section as eligible to receive compensation under this section if the 
place has received air transportation under this section for at least 2 
years and the Secretary decides the withdrawal would be in the public 
interest. The Secretary by regulation shall prescribe standards for 
deciding whether the withdrawal of a designation under this subsection 
is in the public interest. The standards shall include the factors 
listed in subsection (a)(2) of this section.
    (g) Ending, Suspending, and Reducing Air Transportation.--An air 
carrier providing air transportation for compensation under this 
section may end, suspend, or reduce that transportation below the level 
of transportation established by the Secretary under this section only 
after giving the Secretary, the affected community, and the State or 
local government or person paying compensation under this section at 
least 30 days' notice before ending, suspending, or reducing the 
transportation.

Sec. 41737. Compensation guidelines, limitations, and claims

    (a) Compensation Guidelines.--(1) The Secretary of Transportation 
shall prescribe guidelines governing the rate of compensation payable 
under this subchapter. The guidelines shall be used to determine the 
reasonable amount of compensation required to ensure the continuation 
of air service or air transportation under this subchapter. The 
guidelines shall--
        (A) provide for a reduction in compensation when an air carrier 
    does not provide service or transportation agreed to be provided;
        (B) consider amounts needed by an air carrier to promote public 
    use of the service or transportation for which compensation is 
    being paid; and
        (C) include expense elements based on representative costs of 
    air carriers providing scheduled air transportation of passengers, 
    property, and mail on aircraft of the type the Secretary decides is 
    appropriate for providing the service or transportation for which 
    compensation is being provided.
    (2) Promotional amounts described in paragraph (1)(B) of this 
subsection shall be a special, segregated element of the compensation 
provided to a carrier under this subchapter.
    (b) Required Finding.--The Secretary may pay compensation to an air 
carrier for providing air service or air transportation under this 
subchapter only if the Secretary finds the carrier is able to provide 
the service or transportation in a reliable way.
    (c) Claims.--Not later than 15 days after receiving a written claim 
from an air carrier for compensation under this subchapter, the 
Secretary shall--
        (1) pay or deny the United States Government's share of a 
    claim; and
        (2) if denying the claim, notify the carrier of the denial and 
    the reasons for the denial.
    (d) Authority To Make Agreements and Incur Obligations.--(1) The 
Secretary may make agreements and incur obligations from the Airport 
and Airway Trust Fund established under section 9502 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9502) to pay compensation under this 
subchapter. An agreement by the Secretary under this subsection is a 
contractual obligation of the Government to pay the Government's share 
of the compensation.
    (2) Not more than $38,600,000 is available to the Secretary out of 
the Fund for each of the fiscal years ending September 30, 1993-1998, 
to incur obligations under this section. Amounts made available under 
this section remain available until expended.

Sec. 41738. Fitness of air carriers

    Notwithstanding section 40109(a) and (c)-(h) of this title, an air 
carrier may provide air service to an eligible place or air 
transportation to a place designated under section 41736 of this title 
only when the Secretary of Transportation decides that--
        (1) the carrier is fit, willing, and able to perform the 
    service or transportation; and
        (2) aircraft used to provide the service or transportation, and 
    operations related to the service or transportation, conform to the 
    safety standards prescribed by the Administrator of the Federal 
    Aviation Administration.

Sec. 41739. Air carrier obligations

    If at least 2 air carriers make an agreement to operate under or 
use a single carrier designator code to provide air transportation, the 
carrier whose code is being used shares responsibility with the other 
carriers for the quality of transportation provided the public under 
the code by the other carriers.

Sec. 41740. Joint proposals

    The Secretary of Transportation shall encourage the submission of 
joint proposals by 2 or more air carriers for providing air service or 
air transportation under this subchapter through arrangements that 
maximize the service or transportation to and from major destinations 
beyond the hub.

Sec. 41741. Insurance

    The Secretary of Transportation may pay an air carrier compensation 
under this subchapter only when the carrier files with the Secretary an 
insurance policy or self-insurance plan approved by the Secretary. The 
policy or plan must be sufficient to pay for bodily injury to, or death 
of, an individual, or for loss of or damage to property of others, 
resulting from the operation of aircraft, but not more than the amount 
of the policy or plan limits.

Sec. 41742. Ending effective date

    This subchapter is not effective after September 30, 1998.

                  CHAPTER 419--TRANSPORTATION OF MAIL

Sec.
41901.  General authority.
41902.  Schedules for certain transportation of mail.
41903.  Duty to provide certain transportation of mail.
41904.  Noncitizens transporting mail to or in foreign countries.
41905.  Regulating air carrier transportation of foreign mail.
41906.  Emergency mail transportation.
41907.  Prices for foreign transportation of mail.
41908.  Prices for transporting mail of foreign countries.
41909.  Duty to oppose unreasonable prices under the Universal Postal 
          Union Convention.
41910.  Weighing mail.
41911.  Evidence of providing mail service.
41912.  Effect on foreign postal arrangements.

Sec. 41901. General authority

    (a) Title 39.--The United States Postal Service may provide for the 
transportation of mail by aircraft in interstate air transportation 
under section 5402(d) and (f) of title 39.
    (b) Authority To Prescribe Prices.--Except as provided in section 
5402 of title 39, on the initiative of the Secretary of Transportation 
or on petition by the Postal Service or an air carrier, the Secretary 
shall prescribe and publish--
        (1) after notice and an opportunity for a hearing on the 
    record, reasonable prices to be paid by the Postal Service for the 
    transportation of mail by aircraft in foreign air transportation or 
    between places in Alaska, the facilities used in and useful for the 
    transportation of mail, and the services related to the 
    transportation of mail for each carrier holding a certificate that 
    authorizes that transportation;
        (2) the methods used, whether by aircraft-mile, pound-mile, 
    weight, space, or a combination of those or other methods, to 
    determine the prices for each air carrier or class of air carriers; 
    and
        (3) the effective date of the prices.
    (c) Other Transportation.--In prescribing prices under subsection 
(b) of this section, the Secretary may include transportation other 
than by aircraft that is incidental to transportation of mail by 
aircraft or necessary because of emergency conditions related to 
aircraft operations.
    (d) Authority To Prescribe Different Prices.--Considering 
conditions peculiar to transportation by aircraft and to particular air 
carriers or classes of air carriers, the Secretary may prescribe 
different prices under this section for different air carriers or 
classes of air carriers and for different classes of service. In 
prescribing a price for a carrier under this section, the Secretary 
shall consider, among other factors, the following:
        (1) the condition that the carrier may hold and operate under a 
    certificate authorizing the transportation of mail only by 
    providing necessary and adequate facilities and service for the 
    transportation of mail.
        (2) standards related to the character and quality of service 
    to be provided that are prescribed by or under law.
    (e) Statements on Prices.--A petition for prescribing a reasonable 
price under this section must include a statement of the price the 
petitioner believes is reasonable.
    (f) Statements on Required Services.--The Postal Service shall 
introduce as part of the record in every proceeding under this section 
a comprehensive statement of the services to be required of the air 
carrier and other information the Postal Service has that the Secretary 
considers material to the proceeding.
    (g) Expiration Date.--The authority of the Secretary under this 
part and section 5402 of title 39 providing for the transportation of 
mail by aircraft between places in Alaska expires on the date specified 
in section 5402(f) of title 39.

Sec. 41902. Schedules for certain transportation of mail

    (a) Requirement.--Except as provided in section 41906 of this title 
and section 5402 of title 39, an air carrier may transport mail by 
aircraft in foreign air transportation or between places in Alaska only 
under a schedule designated or required to be established under 
subsection (c) of this section for the transportation of mail.
    (b) Statements on Places and Schedules.--Every air carrier shall 
file with the Secretary of Transportation and the United States Postal 
Service a statement showing--
        (1) the places between which the carrier is authorized to 
    provide foreign air transportation;
        (2) the places between which the carrier is authorized to 
    transport mail in Alaska;
        (3) every schedule of aircraft regularly operated by the 
    carrier between places described in clauses (1) and (2) of this 
    subsection and every change in each schedule; and
        (4) for each schedule, the places served by the carrier and the 
    time of arrival at, and departure from, each place.
    (c) Designating and Additional Schedules.--The Postal Service may--
        (1) designate any schedule of an air carrier filed under 
    subsection (b)(3) of this section for the transportation of mail 
    between the places between which the carrier is authorized by its 
    certificate to transport mail; and
        (2) require the carrier to establish additional schedules for 
    the transportation of mail between those places.
    (d) Changing Schedules.--A schedule designated or required to be 
established for the transportation of mail under subsection (c) of this 
section may be changed only after 10 days' notice of the change is 
filed as provided in subsection (b)(3) of this section. The Postal 
Service may disapprove a proposed change in a schedule or amend or 
modify the schedule or proposed change.
    (e) Orders.--An order of the Postal Service under this section may 
become effective only after 10 days after the order is issued. A person 
adversely affected by the order may appeal the order to the Secretary 
before the end of the 10-day period under regulations the Secretary 
prescribes. If the public convenience and necessity require, the 
Secretary may amend, modify, suspend, or cancel the order. Pending a 
decision about the order, the Secretary may postpone the effective date 
of the order.
    (f) Proceedings Preferences.--The Secretary shall give preference 
to a proceeding under this section over all other proceedings before 
the Secretary under this subpart.

Sec. 41903. Duty to provide certain transportation of mail

    (a) Air Carriers.--Subject to subsection (b) of this section, an 
air carrier authorized by its certificate to transport mail by aircraft 
in foreign air transportation or between places in Alaska shall--
        (1) provide facilities and services necessary and adequate to 
    provide that transportation; and
        (2) transport mail between the places authorized in the 
    certificate for transportation of mail when required, and under 
    regulations prescribed, by the United States Postal Service.
    (b) Maximum Mail Load.--The Secretary of Transportation may 
prescribe the maximum mail load for a schedule or for an aircraft or 
type of aircraft for the transportation of mail by aircraft in foreign 
air transportation or between places in Alaska. If the Postal Service 
tenders to an air carrier mail exceeding the maximum load for 
transportation by the carrier under a schedule designated or required 
to be established for the transportation of mail under section 41902(c) 
of this title, the carrier, as nearly in accordance with the schedule 
as the Secretary decides is possible, shall--
        (1) provide facilities sufficient to transport the mail to the 
    extent the Secretary decides the carrier reasonably is able to do 
    so; and
        (2) transport that mail.

Sec. 41904. Noncitizens transporting mail to or in foreign countries

    When the United States Postal Service decides that it may be 
necessary to have a person not a citizen of the United States transport 
mail by aircraft to or in a foreign country, the Postal Service may 
make an arrangement with the person, without advertising, to provide 
the transportation.

Sec. 41905. Regulating air carrier transportation of foreign mail

    An air carrier holding a certificate that authorizes foreign air 
transportation and transporting mail of a foreign country shall 
transport that mail under the control of, and subject to regulation by, 
the United States Government.

Sec. 41906. Emergency mail transportation

    (a) Contract Authority.--In an emergency caused by a flood, fire, 
or other disaster, the United States Postal Service may make a contract 
without advertising to transport mail by aircraft to or from a locality 
affected by the emergency when the available facilities of persons 
authorized to transport mail to or from the locality are inadequate to 
meet the requirements of the Postal Service during the emergency. The 
contract may be only for periods necessary to maintain mail service 
because of the inadequacy of the facilities. Payment for transportation 
provided under the contract shall be made at prices provided in the 
contract.
    (b) Transportation Not Air Transportation.--Transportation provided 
under a contract made under subsection (a) of this section is not air 
transportation within the meaning of this part.

Sec. 41907. Prices for foreign transportation of mail

    (a) Limitations.--When air transportation is provided between the 
United States and a foreign country both by aircraft owned or operated 
by an air carrier holding a certificate under chapter 411 of this title 
and by aircraft owned or operated by a foreign air carrier, the United 
States Postal Service may not pay to or for the account of the foreign 
air carrier a price for transporting mail by aircraft between the 
United States and the foreign country that the Postal Service believes 
will result (over a reasonable period determined by the Postal Service 
considering exchange fluctuations and other factors) in the foreign air 
carrier receiving a price for transporting the mail that is higher than 
the price--
        (1) the government of a foreign country or foreign postal 
    administration pays to air carriers for transporting mail of the 
    foreign country by aircraft between the foreign country and the 
    United States; or
        (2) determined by the Postal Service to be comparable to the 
    price the government of a foreign country or foreign postal 
    administration pays to air carriers for transporting mail of the 
    foreign country by aircraft between the foreign country and an 
    intermediate country on the route of the air carrier between the 
    foreign country and the United States.
    (b) Changes.--The Secretary of Transportation shall act 
expeditiously on proposed changes in prices for transporting mail by 
aircraft in foreign air transportation. When prescribing those prices, 
the Secretary shall consider--
        (1) the prices paid for transportation of mail under the 
    Universal Postal Union Convention as ratified by the United States 
    Government;
        (2) the price-making elements used by the Universal Postal 
    Union in prescribing its airmail prices; and
        (3) the competitive disadvantage to United States flag air 
    carriers resulting from foreign air carriers receiving Universal 
    Postal Union prices for transporting United States mail and 
    national origin mail of their own countries.

Sec. 41908. Prices for transporting mail of foreign countries

    (a) Price Determinations.--The United States Postal Service shall 
determine the prices that an air carrier holding a certificate that 
authorizes foreign air transportation must charge a government of a 
foreign country or foreign postal administration for transporting mail 
of the foreign country. The Postal Service shall put those prices into 
effect under the postal convention regulating postal relations between 
the United States and the foreign country or as provided under this 
section.
    (b) Changes.--The Postal Service may authorize an air carrier 
holding a certificate that authorizes foreign air transportation, under 
limitations the Postal Service prescribes, to change the prices the 
carrier charges a government of a foreign country or foreign postal 
administration for transporting mail of the foreign country in the 
foreign country or between the foreign country and another foreign 
country.
    (c) Collecting Compensation.--(1) When an air carrier holding a 
certificate that authorizes foreign air transportation transports mail 
of a foreign country--
        (A) under an arrangement with a government of a foreign country 
    or foreign postal administration made or approved under this 
    section, the carrier must collect its compensation for the 
    transportation from the foreign country under the arrangement; and
        (B) without having an arrangement with a government of a 
    foreign country or foreign postal administration consistent with 
    this section, the compensation collected by the United States 
    Government for the transportation shall be for the account of the 
    air carrier.
    (2) An air carrier holding a certificate that authorizes foreign 
air transportation is not entitled to receive compensation from both a 
government of a foreign country or foreign postal administration and 
the United States Government for transporting the same mail of the 
foreign country.

Sec. 41909. Duty to oppose unreasonable prices under the Universal 
            Postal Union Convention

    The Secretary of State and the United States Postal Service shall--
        (1) take appropriate action to ensure that the prices paid for 
    transporting mail under the Universal Postal Union Convention are 
    not higher than reasonable prices for transporting mail; and
        (2) oppose any existing or proposed Universal Postal Union 
    price that is higher than a reasonable price for transporting mail.

Sec. 41910. Weighing mail

    The United States Postal Service may weigh mail transported by 
aircraft and make statistical and administrative computations necessary 
in the interest of mail service. When the Secretary of Transportation 
decides that additional or more frequent weighings of mail are 
advisable or necessary to carry out this part, the Postal Service shall 
provide the weighings, but it is not required to provide them for 
continuous periods of more than 30 days.

Sec. 41911. Evidence of providing mail service

    When and in the form required by the United States Postal Service, 
an air carrier transporting or handling--
        (1) United States mail shall submit evidence, signed by an 
    authorized official, that the transportation or handling has been 
    provided; and
        (2) mail of a foreign country shall submit evidence, signed by 
    an authorized official, of the amount of mail transported or 
    handled and the compensation payable and received for that 
    transportation or handling.

Sec. 41912. Effect on foreign postal arrangements

    This part does not--
        (1) affect an arrangement made by the United States Government 
    with the postal administration of a foreign country related to the 
    transportation of mail by aircraft; or
        (2) impair the authority of the United States Postal Service to 
    make such an arrangement.

                CHAPTER 421--LABOR-MANAGEMENT PROVISIONS

                SUBCHAPTER I--EMPLOYEE PROTECTION PROGRAM

Sec.
42101.  Definitions.
42102.  Payments to eligible protected employees.
42103.  Duty to hire protected employees.
42104.  Congressional review of regulations.
42105.  Airline Employees Protective Account.
42106.  Ending effective date.

   SUBCHAPTER II--MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR 
                                CARRIERS

42111.  Mutual aid agreements.
42112.  Labor requirements of air carriers.

               SUBCHAPTER I--EMPLOYEE PROTECTION PROGRAM

Sec. 42101. Definitions

    (a) General.--In this subchapter--
        (1) ``eligible protected employee'' means a protected employee 
    who is deprived of employment, or who is adversely affected related 
    to compensation, because of a qualifying dislocation.
        (2) ``major contraction'' means a reduction (except as provided 
    in subsection (b) of this section) of at least 7.5 percent in the 
    number of full-time employees of an air carrier within a 12-month 
    period, except for employees deprived of employment because of a 
    strike or whose employment is ended for cause.
        (3) ``protected employee'' means an individual who on October 
    24, 1978, had been employed for at least 4 years by an air carrier 
    that held a certificate under section 401 of the Federal Aviation 
    Act of 1958, but does not include a director or officer of a 
    corporation.
        (4) ``qualifying dislocation'' means a bankruptcy or major 
    contraction of an air carrier holding a certificate under section 
    41102 of this title when the Secretary of Transportation finds the 
    bankruptcy or contraction occurred after December 31, 1978, and 
    before January 1, 1989, the major cause of which was the change in 
    regulatory structure provided by the Airline Deregulation Act of 
    1978.
    (b) Major Contraction.--The Secretary may find a reduction of less 
than 7.5 percent of the number of full-time employees is part of a 
major contraction if the Secretary decides another reduction is likely 
to occur within the 12-month period in which the first reduction occurs 
that, when included with the first reduction, will result in a total 
reduction of more than 7.5 percent.

Sec. 42102. Payments to eligible protected employees

    (a) Authority To Pay and Applications for Payments.--Subject to 
amounts provided in an appropriation law, the Secretary of Labor shall 
make monthly assistance payments, moving expense payments, and 
reimbursement payments as provided under this section to an eligible 
protected employee whose employment is not ended for cause. The 
employee must apply to receive the payments and cooperate with the 
Secretary in finding other employment.
    (b) Number and Amount of Payments.--(1) Subject to amounts provided 
in an appropriation law, an eligible protected employee shall receive 
72 monthly assistance payments. However, an eligible protected employee 
deprived of employment may not receive a payment after obtaining other 
employment. For each class or craft of protected employees, the 
Secretary of Labor, after consulting with the Secretary of 
Transportation, shall prescribe by regulation guidelines for computing 
the amount of each monthly assistance payment to be made to a member of 
the class or craft and what percentage of salary that payment 
represents.
    (2) The amount of a monthly payment payable under paragraph (1) of 
this subsection to an eligible protected employee shall be reduced--
        (A) by unemployment compensation the employee receives; or
        (B) if the employee does not accept reasonably comparable 
    employment, to an amount the employee would be entitled to receive 
    if the employee had accepted the employment.
    (3) If accepting comparable employment to avoid a reduction in the 
monthly assistance payment under paragraph (2) of this subsection would 
force an eligible protected employee to relocate, the employee may 
decide not to relocate. Instead of the payments provided under this 
section, the employee may receive the lesser of 3 payments or the 
maximum number of payments that remain to be paid under paragraph (1) 
of this subsection.
    (c) Moving Expenses and Reimbursements.--(1) Subject to amounts 
provided in an appropriation law, an eligible protected employee who 
relocates shall receive--
        (A) reasonable moving expense payments to move the employee and 
    the employee's immediate family; and
        (B) reimbursement payments for a loss incurred in selling the 
    employee's principal place of residence for less than fair market 
    value or in cancelling a lease on, or contract to buy, the 
    residence.
    (2) The Secretary of Labor shall decide on the amount of the moving 
expenses and the fair market value of the residence.

Sec. 42103. Duty to hire protected employees

    (a) Rehiring Protected Employees.--A protected employee of an air 
carrier regulated by the Secretary of Transportation who was furloughed 
or whose employment was ended by the carrier (except for cause) before 
October 23, 1988, is entitled to be the first employed in the 
occupational specialty of the employee, regardless of the employee's 
age, by any other air carrier holding a certificate under section 41102 
of this title before October 24, 1978. However, the air carrier may 
recall its furloughed employees before hiring a protected employee of 
another air carrier regulated by the Secretary who was furloughed or 
whose employment was ended by the other carrier (except for cause) 
before October 23, 1988. An employee hired by an air carrier under this 
section retains seniority and recall rights with the air carrier that 
furloughed or ended the employment of the employee.
    (b) Duties of Secretary of Labor.--The Secretary of Labor--
        (1) shall establish and publish periodically a list of jobs 
    available with an air carrier holding a certificate under section 
    41102 of this title that includes necessary information and detail;
        (2) shall assist eligible protected employees to find other 
    employment;
        (3) shall encourage negotiations between air carriers and 
    representatives of employees on rehiring practices and seniority; 
    and
        (4) may require an air carrier to file with the Secretary 
    information necessary to carry out this section.

Sec. 42104. Congressional review of regulations

    (a) Definition.--In this section, ``legislative day'' means a 
calendar day on which both Houses of Congress are in session.
    (b) Submission to Congress.--The Secretary of Labor may not 
prescribe a regulation under this subchapter until 30 legislative days 
after the regulation is submitted to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives.
    (c) Effectiveness of Regulations.--A proposed regulation under this 
subchapter shall be submitted to Congress and becomes effective only 
if, during the period of 60 legislative days after the regulation is 
submitted to Congress, either House does not pass a resolution 
disapproving the regulation. However, if Congress adopts a resolution 
approving the regulation during the 60-day period, the regulation is 
effective on that date.

Sec. 42105. Airline Employees Protective Account

    The Department of Labor has an Airline Employees Protective Account 
consisting of amounts appropriated to it. An amount necessary to carry 
out this subchapter, including administrative expenses, may be 
appropriated to the Account annually.

Sec. 42106. Ending effective date

    This subchapter is not effective after the last day the Secretary 
of Labor must make a payment under this subchapter.

  SUBCHAPTER II--MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR 
                                CARRIERS

Sec. 42111. Mutual aid agreements

    An air carrier that will receive payments from another air carrier 
under an agreement between the air carriers for the time the one air 
carrier is not providing foreign air transportation, or is providing 
reduced levels of foreign air transportation, because of a labor strike 
must file a true copy of the agreement with the Secretary of 
Transportation and have it approved by the Secretary under section 
41309 of this title. Notwithstanding section 41309, the Secretary shall 
approve the agreement only if it provides that--
        (1) the air carrier will receive payments of not more than 60 
    percent of direct operating expenses, including interest expenses, 
    but not depreciation or amortization expenses;
        (2) benefits may be paid for not more than 8 weeks, and may not 
    be for losses incurred during the first 30 days of a strike; and
        (3) on request of the striking employees, the dispute will be 
    submitted to binding arbitration under the Railway Labor Act (45 
    U.S.C. 151 et seq.).

Sec. 42112. Labor requirements of air carriers

    (a) Definitions.--In this section--
        (1) ``copilot'' means an employee whose duties include 
    assisting or relieving the pilot in manipulating an aircraft and 
    who is qualified to serve as, and has in effect an airman 
    certificate authorizing the employee to serve as, a copilot.
        (2) ``pilot'' means an employee who is--
            (A) responsible for manipulating or who manipulates the 
        flight controls of an aircraft when under way, including the 
        landing and takeoff of an aircraft; and
            (B) qualified to serve as, and has in effect an airman 
        certificate authorizing the employee to serve as, a pilot.
    (b) Duties of Air Carriers.--An air carrier shall--
        (1) maintain rates of compensation, maximum hours, and other 
    working conditions and relations for its pilots and copilots who 
    are providing interstate air transportation in the 48 contiguous 
    States and the District of Columbia to conform with decision number 
    83, May 10, 1934, National Labor Board, notwithstanding any 
    limitation in that decision on the period of its effectiveness;
        (2) maintain rates of compensation for its pilots and copilots 
    who are providing foreign air transportation or air transportation 
    only in one territory or possession of the United States; and
        (3) comply with title II of the Railway Labor Act (45 U.S.C. 
    181 et seq.) as long as it holds its certificate.
    (c) Minimum Annual Rate of Compensation.--A minimum annual rate 
under subsection (b)(2) of this section may not be less than the annual 
rate required to be paid for comparable service to a pilot or copilot 
under subsection (b)(1) of this section.
    (d) Collective Bargaining.--This section does not prevent pilots or 
copilots of an air carrier from obtaining by collective bargaining 
higher rates of compensation or more favorable working conditions or 
relations.

                          SUBPART III--SAFETY

         CHAPTER 441--REGISTRATION AND RECORDATION OF AIRCRAFT

Sec.
44101.  Operation of aircraft.
44102.  Registration requirements.
44103.  Registration of aircraft.
44104.  Registration of aircraft components and dealers' certificates of 
          registration.
44105.  Suspension and revocation of aircraft certificates.
44106.  Revocation of aircraft certificates for controlled substance 
          violations.
44107.  Recordation of conveyances, leases, and security instruments.
44108.  Validity of conveyances, leases, and security instruments.
44109.  Reporting transfer of ownership.
44110.  Information about aircraft ownership and rights.
44111.  Modifications in registration and recordation system for 
          aircraft not providing air transportation.
44112.  Limitation of liability.

Sec. 44101. Operation of aircraft

    (a) Registration Requirement.--Except as provided in subsection (b) 
of this section, a person may operate an aircraft only when the 
aircraft is registered under section 44103 of this title.
    (b) Exceptions.--A person may operate an aircraft in the United 
States that is not registered--
        (1) when authorized under section 40103(d) or 41703 of this 
    title;
        (2) when it is an aircraft of the national defense forces of 
    the United States and is identified in a way satisfactory to the 
    Administrator of the Federal Aviation Administration; and
        (3) for a reasonable period of time after a transfer of 
    ownership, under regulations prescribed by the Administrator.

Sec. 44102. Registration requirements

    (a) Eligibility.--An aircraft may be registered under section 44103 
of this title only when the aircraft is--
        (1) not registered under the laws of a foreign country and is 
    owned by--
            (A) a citizen of the United States;
            (B) an individual citizen of a foreign country lawfully 
        admitted for permanent residence in the United States; or
            (C) a corporation not a citizen of the United States when 
        the corporation is organized and doing business under the laws 
        of the United States or a State, and the aircraft is based and 
        primarily used in the United States; or
        (2) an aircraft of--
            (A) the United States Government; or
            (B) a State, the District of Columbia, a territory or 
        possession of the United States, or a political subdivision of 
        a State, territory, or possession.
    (b) Duty To Define Certain Term.--In carrying out subsection 
(a)(1)(C) of this section, the Secretary of Transportation shall define 
``based and primarily used in the United States''.

Sec. 44103. Registration of aircraft

    (a) General.--(1) On application of the owner of an aircraft that 
meets the requirements of section 44102 of this title, the 
Administrator of the Federal Aviation Administration shall--
        (A) register the aircraft; and
        (B) issue a certificate of registration to its owner.
    (2) The Administrator may prescribe the extent to which an aircraft 
owned by the holder of a dealer's certificate of registration issued 
under section 44104(2) of this title also is registered under this 
section.
    (b) Controlled Substance Violations.--(1) The Administrator may not 
issue an owner's certificate of registration under subsection (a)(1) of 
this section to a person whose certificate is revoked under section 
44106 of this title during the 5-year period beginning on the date of 
the revocation, except--
        (A) as provided in section 44106(e)(2) of this title; or
        (B) that the Administrator may issue the certificate to the 
    person after the one-year period beginning on the date of the 
    revocation if the Administrator decides that the aircraft otherwise 
    meets the requirements of section 44102 of this title and that 
    denial of a certificate for the 5-year period--
            (i) would be excessive considering the nature of the 
        offense or the act committed and the burden the denial places 
        on the person; or
            (ii) would not be in the public interest.
    (2) A decision of the Administrator under paragraph (1)(B)(i) or 
(ii) of this subsection is within the discretion of the Administrator. 
That decision or failure to make a decision is not subject to 
administrative or judicial review.
    (c) Certificates as Evidence.--A certificate of registration issued 
under this section is--
        (1) conclusive evidence of the nationality of an aircraft for 
    international purposes, but not conclusive evidence in a proceeding 
    under the laws of the United States; and
        (2) not evidence of ownership of an aircraft in a proceeding in 
    which ownership is or may be in issue.
    (d) Certificates Available for Inspection.--An operator of an 
aircraft shall make available for inspection a certificate of 
registration for the aircraft when requested by a United States 
Government, State, or local law enforcement officer.

Sec. 44104. Registration of aircraft components and dealers' 
            certificates of registration

    The Administrator of the Federal Aviation Administration may 
prescribe regulations--
        (1) in the interest of safety for registering and identifying 
    an aircraft engine, propeller, or appliance; and
        (2) in the public interest for issuing, suspending, and 
    revoking a dealer's certificate of registration under this chapter 
    and for its use by a person manufacturing, distributing, or selling 
    aircraft.

Sec. 44105. Suspension and revocation of aircraft certificates

    The Administrator of the Federal Aviation Administration may 
suspend or revoke a certificate of registration issued under section 
44103 of this title when the aircraft no longer meets the requirements 
of section 44102 of this title.

Sec. 44106. Revocation of aircraft certificates for controlled 
            substance violations

    (a) Definition.--In this section, ``controlled substance'' has the 
same meaning given that term in section 102 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
    (b) Revocations.--(1) The Administrator of the Federal Aviation 
Administration shall issue an order revoking the certificate of 
registration for an aircraft issued to an owner under section 44103 of 
this title and any other certificate of registration that the owner of 
the aircraft holds under section 44103, if the Administrator finds 
that--
        (A) the aircraft was used to carry out, or facilitate, an 
    activity that is punishable by death or imprisonment for more than 
    one year under a law of the United States or a State related to a 
    controlled substance (except a law related to simple possession of 
    a controlled substance); and
        (B) the owner of the aircraft permitted the use of the aircraft 
    knowing that the aircraft was to be used for the activity described 
    in clause (A) of this paragraph.
    (2) An aircraft owner that is not an individual is deemed to have 
permitted the use of the aircraft knowing that the aircraft was to be 
used for the activity described in paragraph (1)(A) of this subsection 
only if a majority of the individuals who control the owner of the 
aircraft or who are involved in forming the major policy of the owner 
permitted the use of the aircraft knowing that the aircraft was to be 
used for the activity described in paragraph (1)(A).
    (c) Advice to Holders and Opportunity To Answer.--Before the 
Administrator revokes a certificate under subsection (b) of this 
section, the Administrator shall--
        (1) advise the holder of the certificate of the charges or 
    reasons on which the Administrator bases the proposed action; and
        (2) provide the holder of the certificate an opportunity to 
    answer the charges and state why the certificate should not be 
    revoked.
    (d) Appeals.--(1) A person whose certificate is revoked by the 
Administrator under subsection (b) of this section may appeal the 
revocation order to the National Transportation Safety Board. The Board 
shall affirm or reverse the order after providing notice and a hearing 
on the record. In conducting the hearing, the Board is not bound by the 
findings of fact of the Administrator.
    (2) When a person files an appeal with the Board under this 
subsection, the order of the Administrator revoking the certificate is 
stayed. However, if the Administrator advises the Board that safety in 
air transportation or air commerce requires the immediate effectiveness 
of the order--
        (A) the order remains effective; and
        (B) the Board shall dispose of the appeal not later than 60 
    days after notification by the Administrator under this paragraph.
    (3) A person substantially affected by an order of the Board under 
this subsection may seek judicial review of the order under section 
46110 of this title. The Administrator shall be made a party to that 
judicial proceeding.
    (e) Acquittal.--(1) The Administrator may not revoke, and the Board 
may not affirm a revocation of, a certificate of registration under 
this section on the basis of an activity described in subsection 
(b)(1)(A) of this section if the holder of the certificate is acquitted 
of all charges related to a controlled substance in an indictment or 
information arising from the activity.
    (2) If the Administrator has revoked a certificate of registration 
of a person under this section because of an activity described in 
subsection (b)(1)(A) of this section, the Administrator shall reissue a 
certificate to the person if the person--
        (A) subsequently is acquitted of all charges related to a 
    controlled substance in an indictment or information arising from 
    the activity; and
        (B) otherwise meets the requirements of section 44102 of this 
    title.

Sec. 44107. Recordation of conveyances, leases, and security 
            instruments

    (a) Establishment of System.--The Administrator of the Federal 
Aviation Administration shall establish a system for recording--
        (1) conveyances that affect an interest in civil aircraft of 
    the United States;
        (2) leases and instruments executed for security purposes, 
    including conditional sales contracts, assignments, and amendments, 
    that affect an interest in--
            (A) a specifically identified aircraft engine having at 
        least 750 rated takeoff horsepower or its equivalent;
            (B) a specifically identified aircraft propeller capable of 
        absorbing at least 750 rated takeoff shaft horsepower;
            (C) an aircraft engine, propeller, or appliance maintained 
        for installation or use in an aircraft, aircraft engine, or 
        propeller, by or for an air carrier holding a certificate 
        issued under section 44705 of this title; and
            (D) spare parts maintained by or for an air carrier holding 
        a certificate issued under section 44705 of this title; and
        (3) releases, cancellations, discharges, and satisfactions 
    related to a conveyance, lease, or instrument recorded under clause 
    (1) or (2) of this subsection.
    (b) General Description Required.--A lease or instrument recorded 
under subsection (a)(2)(C) or (D) of this section only has to describe 
generally the engine, propeller, appliance, or spare part by type and 
designate its location.
    (c) Acknowledgment.--Except as the Administrator otherwise may 
provide, a conveyance, lease, or instrument may be recorded under 
subsection (a) of this section only after it has been acknowledged 
before--
        (1) a notary public; or
        (2) another officer authorized under the laws of the United 
    States, a State, the District of Columbia, or a territory or 
    possession of the United States to acknowledge deeds.
    (d) Records and Indexes.--The Administrator shall--
        (1) keep a record of the time and date that each conveyance, 
    lease, and instrument is filed and recorded with the Administrator; 
    and
        (2) record each conveyance, lease, and instrument filed with 
    the Administrator, in the order of their receipt, and index them 
    by--
            (A) the identifying description of the aircraft, aircraft 
        engine, or propeller, or location specified in a lease or 
        instrument recorded under subsection (a)(2)(C) or (D) of this 
        section; and
            (B) the names of the parties to each conveyance, lease, and 
        instrument.

Sec. 44108. Validity of conveyances, leases, and security instruments

    (a) Validity Before Filing.--Until a conveyance, lease, or 
instrument executed for security purposes that may be recorded under 
section 44107(a)(1) or (2) of this title is filed for recording, the 
conveyance, lease, or instrument is valid only against--
        (1) the person making the conveyance, lease, or instrument;
        (2) that person's heirs and devisees; and
        (3) a person having actual notice of the conveyance, lease, or 
    instrument.
    (b) Period of Validity.--When a conveyance, lease, or instrument is 
recorded under section 44107 of this title, the conveyance, lease, or 
instrument is valid from the date of filing against all persons, 
without other recordation, except that--
        (1) a lease or instrument recorded under section 44107(a)(2)(A) 
    or (B) of this title is valid for a specifically identified engine 
    or propeller without regard to a lease or instrument previously or 
    subsequently recorded under section 44107(a)(2)(C) or (D); and
        (2) a lease or instrument recorded under section 44107(a)(2)(C) 
    or (D) of this title is valid only for items at the location 
    designated in the lease or instrument.
    (c) Applicable Laws.--(1) The validity of a conveyance, lease, or 
instrument that may be recorded under section 44107 of this title is 
subject to the laws of the State, the District of Columbia, or the 
territory or possession of the United States at which the conveyance, 
lease, or instrument is delivered, regardless of the place at which the 
subject of the conveyance, lease, or instrument is located or 
delivered. If the conveyance, lease, or instrument specifies the place 
at which delivery is intended, it is presumed that the conveyance, 
lease, or instrument was delivered at the specified place.
    (2) This subsection does not take precedence over the Convention on 
the International Recognition of Rights in Aircraft (4 U.S.T. 1830).
    (d) Nonapplication.--This section does not apply to--
        (1) a conveyance described in section 44107(a)(1) of this title 
    that was made before August 22, 1938; or
        (2) a lease or instrument described in section 44107(a)(2) of 
    this title that was made before June 20, 1948.

Sec. 44109. Reporting transfer of ownership

    (a) Filing Notices.--A person having an ownership interest in an 
aircraft for which a certificate of registration was issued under 
section 44103 of this title shall file a notice with the Secretary of 
the Treasury that the Secretary requires by regulation, not later than 
15 days after a sale, conditional sale, transfer, or conveyance of the 
interest.
    (b) Exemptions.--The Secretary--
        (1) shall prescribe regulations that establish guidelines for 
    exempting a person or class from subsection (a) of this section; 
    and
        (2) may exempt a person or class under the regulations.

Sec. 44110. Information about aircraft ownership and rights

    The Administrator of the Federal Aviation Administration may 
provide by regulation for--
        (1) endorsing information on each certificate of registration 
    issued under section 44103 of this title and each certificate 
    issued under section 44704 of this title about ownership of the 
    aircraft for which each certificate is issued; and
        (2) recording transactions affecting an interest in, and for 
    other records, proceedings, and details necessary to decide the 
    rights of a party related to, a civil aircraft of the United 
    States, aircraft engine, propeller, appliance, or spare part.

Sec. 44111. Modifications in registration and recordation system for 
            aircraft not providing air transportation

    (a) Application.--This section applies only to aircraft not used to 
provide air transportation.
    (b) Authority To Make Modifications.--The Administrator of the 
Federal Aviation Administration shall make modifications in the system 
for registering and recording aircraft necessary to make the system 
more effective in serving the needs of--
        (1) buyers and sellers of aircraft;
        (2) officials responsible for enforcing laws related to the 
    regulation of controlled substances (as defined in section 102 of 
    the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
    U.S.C. 802)); and
        (3) other users of the system.
    (c) Nature of Modifications.--Modifications made under subsection 
(b) of this section--
        (1) may include a system of titling aircraft or registering all 
    aircraft, even aircraft not operated;
        (2) shall ensure positive, verifiable, and timely 
    identification of the true owner; and
        (3) shall address at least each of the following deficiencies 
    in and abuses of the existing system:
            (A) the registration of aircraft to fictitious persons.
            (B) the use of false or nonexistent addresses by persons 
        registering aircraft.
            (C) the use by a person registering an aircraft of a post 
        office box or ``mail drop'' as a return address to evade 
        identification of the person's address.
            (D) the registration of aircraft to entities established to 
        facilitate unlawful activities.
            (E) the submission of names of individuals on applications 
        for registration of aircraft that are not identifiable.
            (F) the ability to make frequent legal changes in the 
        registration markings assigned to aircraft.
            (G) the use of false registration markings on aircraft.
            (H) the illegal use of ``reserved'' registration markings 
        on aircraft.
            (I) the large number of aircraft classified as being in 
        ``self-reported status''.
            (J) the lack of a system to ensure timely and adequate 
        notice of the transfer of ownership of aircraft.
            (K) the practice of allowing temporary operation and 
        navigation of aircraft without the issuance of a certificate of 
        registration.
    (d) Regulations.--(1) The Administrator of the Federal Aviation 
Administration shall prescribe regulations to carry out this section 
and provide a written explanation of how the regulations address each 
of the deficiencies and abuses described in subsection (c) of this 
section. In prescribing the regulations, the Administrator of the 
Federal Aviation Administration shall consult with the Administrator of 
Drug Enforcement, the Commissioner of Customs, other law enforcement 
officials of the United States Government, representatives of State and 
local law enforcement officials, representatives of the general 
aviation aircraft industry, representatives of users of general 
aviation aircraft, and other interested persons.
    (2) Regulations prescribed under this subsection shall require 
that--
        (A) each individual listed in an application for registration 
    of an aircraft provide with the application the individual's 
    driver's license number; and
        (B) each person (not an individual) listed in an application 
    for registration of an aircraft provide with the application the 
    person's taxpayer identifying number.

Sec. 44112. Limitation of liability

    (a) Definitions.--In this section--
        (1) ``lessor'' means a person leasing for at least 30 days a 
    civil aircraft, aircraft engine, or propeller.
        (2) ``owner'' means a person that owns a civil aircraft, 
    aircraft engine, or propeller.
        (3) ``secured party'' means a person having a security interest 
    in, or security title to, a civil aircraft, aircraft engine, or 
    propeller under a conditional sales contract, equipment trust 
    contract, chattel or corporate mortgage, or similar instrument.
    (b) Liability.--A lessor, owner, or secured party is liable for 
personal injury, death, or property loss or damage on land or water 
only when a civil aircraft, aircraft engine, or propeller is in the 
actual possession or control of the lessor, owner, or secured party, 
and the personal injury, death, or property loss or damage occurs 
because of--
        (1) the aircraft, engine, or propeller; or
        (2) the flight of, or an object falling from, the aircraft, 
    engine, or propeller.

                         CHAPTER 443--INSURANCE

Sec.
44301.  Definitions.
44302.  General authority.
44303.  Coverage.
44304.  Reinsurance.
44305.  Insuring United States Government property.
44306.  Premiums and limitations on coverage and claims.
44307.  Revolving fund.
44308.  Administrative.
44309.  Civil actions.
44310.  Ending effective date.

Sec. 44301. Definitions

    In this chapter--
        (1) ``American aircraft'' means--
            (A) a civil aircraft of the United States; and
            (B) an aircraft owned or chartered by, or made available 
        to--
                (i) the United States Government; or
                (ii) a State, the District of Columbia, a territory or 
            possession of the United States, or a political subdivision 
            of the State, territory, or possession.
        (2) ``insurance carrier'' means a person authorized to do 
    aviation insurance business in a State, including a mutual or stock 
    insurance company and a reciprocal insurance association.

Sec. 44302. General authority

    (a) Insurance and Reinsurance.--(1) Subject to subsection (b) of 
this section and section 44305(a) of this title, the Secretary of 
Transportation may provide insurance and reinsurance against loss or 
damage arising out of any risk from the operation of an American 
aircraft or foreign-flag aircraft--
        (A) in foreign air commerce; or
        (B) between at least 2 places, all of which are outside the 
    United States.
    (2) An aircraft may be insured or reinsured for not more than its 
reasonable value as determined by the Secretary. Insurance or 
reinsurance may be provided only when the Secretary decides that the 
insurance cannot be obtained on reasonable terms from an insurance 
carrier.
    (b) Presidential Approval.--The Secretary may provide insurance or 
reinsurance under subsection (a) of this section only with the approval 
of the President. The President may approve the insurance or 
reinsurance only after deciding that the continued operation of the 
American aircraft or foreign-flag aircraft to be insured or reinsured 
is necessary to carry out the foreign policy of the United States 
Government.
    (c) Consultation.--The President may require the Secretary to 
consult with interested departments, agencies, and instrumentalities of 
the Government before providing insurance or reinsurance under this 
chapter.
    (d) Additional Insurance.--With the approval of the Secretary, a 
person having an insurable interest in an aircraft may insure with 
other underwriters in an amount that is more than the amount insured 
with the Secretary. However, the Secretary may not benefit from the 
additional insurance. This subsection does not prevent the Secretary 
from making contracts of coinsurance.

Sec. 44303. Coverage

    The Secretary of Transportation may provide insurance and 
reinsurance authorized under section 44302 of this title for the 
following:
        (1) an American aircraft or foreign-flag aircraft engaged in 
    aircraft operations the President decides are necessary to carry 
    out the foreign policy of the United States Government.
        (2) property transported or to be transported on aircraft 
    referred to in clause (1) of this section, including--
            (A) shipments by express or registered mail;
            (B) property owned by citizens or residents of the United 
        States;
            (C) property--
                (i) imported to, or exported from, the United States; 
            and
                (ii) bought or sold by a citizen or resident of the 
            United States under a contract putting the risk of loss or 
            obligation to provide insurance against risk of loss on the 
            citizen or resident; and
            (D) property transported between--
                (i) a place in a State or the District of Columbia and 
            a place in a territory or possession of the United States;
                (ii) a place in a territory or possession of the United 
            States and a place in another territory or possession of 
            the United States; or
                (iii) 2 places in the same territory or possession of 
            the United States.
        (3) the personal effects and baggage of officers and members of 
    the crew of an aircraft referred to in clause (1) of this section 
    and of other individuals employed or transported on that aircraft.
        (4) officers and members of the crew of an aircraft referred to 
    in clause (1) of this section and other individuals employed or 
    transported on that aircraft against loss of life, injury, or 
    detention.
        (5) statutory or contractual obligations or other liabilities, 
    customarily covered by insurance, of an aircraft referred to in 
    clause (1) of this section or of the owner or operator of that 
    aircraft.

Sec. 44304. Reinsurance

    (a) General Authority.--To the extent the Secretary of 
Transportation is authorized to provide insurance under this chapter, 
the Secretary may reinsure any part of the insurance provided by an 
insurance carrier. The Secretary may reinsure with, transfer to, or 
transfer back to, the carrier any insurance or reinsurance provided by 
the Secretary under this chapter.
    (b) Premium Levels.--The Secretary may provide reinsurance at 
premiums not less than, or obtain reinsurance at premiums not higher 
than, the premiums the Secretary establishes on similar risks or the 
premiums the insurance carrier charges for the insurance to be 
reinsured by the Secretary, whichever is most advantageous to the 
Secretary. However, the Secretary may make allowances to the insurance 
carrier for expenses incurred in providing services and facilities that 
the Secretary considers good business practice, except for payments by 
the carrier for the stimulation or solicitation of insurance business.

Sec. 44305. Insuring United States Government property

    (a) General.--With the approval of the President, a department, 
agency, or instrumentality of the United States Government may obtain--
        (1) insurance under this chapter, including insurance for risks 
    from operating an aircraft in intrastate or interstate air 
    commerce, but not including insurance on valuables subject to 
    sections 1 and 2 of the Government Losses in Shipment Act (40 
    U.S.C. 721, 722); and
        (2) insurance for risks arising from providing goods or 
    services directly related to and necessary for operating an 
    aircraft covered by insurance obtained under clause (1) of this 
    subsection if the aircraft is operated--
            (A) in carrying out a contract of the department, agency, 
        or instrumentality; or
            (B) to transport military forces or materiel on behalf of 
        the United States under an agreement between the Government and 
        the government of a foreign country.
    (b) Premium Waivers and Indemnification.--With the approval 
required under subsection (a) of this section, the Secretary of 
Transportation may provide the insurance without premium at the request 
of the Secretary of Defense or the head of a department, agency, or 
instrumentality designated by the President when the Secretary of 
Defense or the designated head agrees to indemnify the Secretary of 
Transportation against all losses covered by the insurance. The 
Secretary of Defense and any designated head may make indemnity 
agreements with the Secretary of Transportation under this section.

Sec. 44306. Premiums and limitations on coverage and claims

    (a) Premiums Based on Risk.--To the extent practical, the premium 
charged for insurance or reinsurance under this chapter shall be based 
on consideration of the risk involved.
    (b) Time Limits.--The Secretary of Transportation may provide 
insurance and reinsurance under this chapter for a period of not more 
than 60 days. The period may be extended for additional periods of not 
more than 60 days each only if the President decides, before each 
additional period, that the continued operation of the aircraft to be 
insured or reinsured is necessary to carry out the foreign policy of 
the United States Government.
    (c) Maximum Insured Amount.--The insurance policy on an aircraft 
insured or reinsured under this chapter shall specify a stated amount 
that is not more than the value of the aircraft, as determined by the 
Secretary. A claim under the policy may not be paid for more than that 
stated amount.

Sec. 44307. Revolving fund

    (a) Existence, Disbursements, Appropriations, and Deposits.--(1) 
There is a revolving fund in the Treasury. The Secretary of the 
Treasury shall disburse from the fund payments to carry out this 
chapter.
    (2) Necessary amounts to carry out this chapter may be appropriated 
to the fund. The amounts appropriated and other amounts received in 
carrying out this chapter shall be deposited in the fund.
    (b) Investment.--On request of the Secretary of Transportation, the 
Secretary of the Treasury may invest any part of the amounts in the 
revolving fund in interest-bearing securities of the United States 
Government. The interest on, and the proceeds from the sale or 
redemption of, the securities shall be deposited in the fund.
    (c) Excess Amounts.--The balance in the revolving fund in excess of 
an amount the Secretary of Transportation determines is necessary for 
the requirements of the fund and for reasonable reserves to maintain 
the solvency of the fund shall be deposited at least annually in the 
Treasury as miscellaneous receipts.
    (d) Expenses.--The Secretary of Transportation shall deposit 
annually an amount in the Treasury as miscellaneous receipts to cover 
the expenses the Government incurs when the Secretary of Transportation 
uses appropriated amounts in carrying out this chapter. The deposited 
amount shall equal an amount determined by multiplying the average 
monthly balance of appropriated amounts retained in the revolving fund 
by a percentage that is at least the current average rate payable on 
marketable obligations of the Government. The Secretary of the Treasury 
shall determine annually in advance the percentage applied.

Sec. 44308. Administrative

    (a) Commercial Practices.--The Secretary of Transportation may 
carry out this chapter consistent with commercial practices of the 
aviation insurance business.
    (b) Issuance of Policies and Disposition of Claims.--(1) The 
Secretary may issue insurance policies to carry out this chapter. The 
Secretary may prescribe the forms, amounts insured under the policies, 
and premiums charged. The Secretary may change an amount of insurance 
or a premium for an existing policy only with the consent of the 
insured.
    (2) For a claim under insurance authorized by this chapter, the 
Secretary may--
        (A) settle and pay the claim made for or against the United 
    States Government; and
        (B) pay the amount of a judgment entered against the 
    Government.
    (c) Underwriting Agent.--(1) The Secretary may, and when practical 
shall, employ an insurance carrier or group of insurance carriers to 
act as an underwriting agent. The Secretary may use the agent to adjust 
claims under this chapter, but claims may be paid only when approved by 
the Secretary.
    (2) The Secretary may pay reasonable compensation to an 
underwriting agent for servicing insurance the agent writes for the 
Secretary. Compensation may include payment for reasonable expenses 
incurred by the agent but may not include a payment by the agent for 
stimulation or solicitation of insurance business.
    (3) Except as provided by this subsection, the Secretary may not 
pay an insurance broker or other person acting in a similar capacity 
any consideration for arranging insurance when the Secretary directly 
insures any part of the risk.
    (d) Budget.--The Secretary shall submit annually a budget program 
for carrying out this chapter as provided for wholly owned Government 
corporations under chapter 91 of title 31.
    (e) Accounts.--The Secretary shall maintain a set of accounts. The 
Comptroller General shall audit those accounts under chapter 35 of 
title 31. Notwithstanding chapter 35, the Comptroller General shall 
allow credit for expenditures under this chapter made consistent with 
commercial practices in the aviation insurance business when shown to 
be necessary because of the business activities authorized by this 
chapter.

Sec. 44309. Civil actions

    (a) Disputed Losses.--A person may bring a civil action in a 
district court of the United States against the United States 
Government when a loss insured under this chapter is in dispute. A 
civil action involving the same matter (except the action authorized by 
this subsection) may not be brought against an agent, officer, or 
employee of the Government carrying out this chapter. To the extent 
applicable, the procedure in an action brought under section 1346(a)(2) 
of title 28 applies to an action under this subsection.
    (b) Venue and Joinder.--(1) A civil action under subsection (a) of 
this section may be brought in the judicial district for the District 
of Columbia or in the judicial district in which the plaintiff or the 
agent of the plaintiff resides if the plaintiff resides in the United 
States. If the plaintiff does not reside in the United States, the 
action may be brought in the judicial district for the District of 
Columbia or in the judicial district in which the Attorney General 
agrees to accept service.
    (2) An interested person may be joined as a party to a civil action 
brought under subsection (a) of this section initially or on motion of 
either party to the action.
    (c) Time Requirements.--When an insurance claim is made under this 
chapter, the period during which, under section 2401 of title 28, a 
civil action must be brought under subsection (a) of this section is 
suspended until 60 days after the Secretary of Transportation denies 
the claim. The claim is deemed to be administratively denied if the 
Secretary does not act on the claim not later than 6 months after 
filing, unless the Secretary makes a different agreement with the 
claimant when there is good cause for an agreement.
    (d) Interpleader.--(1) If the Secretary admits the Government owes 
money under an insurance claim under this chapter and there is a 
dispute about the person that is entitled to payment, the Government 
may bring a civil action of interpleader in a district court of the 
United States against the persons that may be entitled to payment. The 
action may be brought in the judicial district for the District of 
Columbia or in the judicial district in which any party resides.
    (2) The district court may order a party not residing or found in 
the judicial district in which the action is brought to appear in a 
civil action under this subsection. The order shall be served in a 
reasonable manner decided by the district court. If the court decides 
an unknown person might assert a claim under the insurance that is the 
subject of the action, the court may order service on that person by 
publication in the Federal Register.
    (3) Judgment in a civil action under this subsection discharges the 
Government from further liability to the parties to the action and to 
all other persons served by publication under paragraph (2) of this 
subsection.

Sec. 44310. Ending effective date

    The authority of the Secretary of Transportation to provide 
insurance and reinsurance under this chapter is not effective after 
September 30, 1997.

            CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH

Sec.
44501.  Plans and policy.
44502.  General facilities and personnel authority.
44503.  Reducing nonessential expenditures.
44504.  Improved aircraft, aircraft engines, propellers, and appliances.
44505.  Systems, procedures, facilities, and devices.
44506.  Air traffic controllers.
44507.  Civil aeromedical research.
44508.  Research advisory committee.
44509.  Demonstration projects.
44510.  Airway science curriculum grants.
44511.  Aviation research grants.
44512.  Catastrophic failure prevention research grants.
44513.  Regional centers of air transportation excellence.
44514.  Flight service stations.
44515.  Advanced training facilities for maintenance technicians for air 
          carrier aircraft.

Sec. 44501. Plans and policy

    (a) Long Range Plans and Policy Requirements.--The Administrator of 
the Federal Aviation Administration shall make long range plans and 
policy for the orderly development and use of the navigable airspace, 
and the orderly development and location of air navigation facilities, 
that will best meet the needs of, and serve the interests of, civil 
aeronautics and the national defense, except for needs of the armed 
forces that are peculiar to air warfare and primarily of military 
concern.
    (b) Airway Capital Investment Plan.--The Administrator of the 
Federal Aviation Administration shall review, revise, and publish a 
national airways system plan, known as the Airway Capital Investment 
Plan, before the beginning of each fiscal year. The plan shall set 
forth--
        (1) for a 10-year period, the research, engineering, and 
    development programs and the facilities and equipment that the 
    Administrator considers necessary for a system of airways, air 
    traffic services, and navigation aids that will--
            (A) meet the forecasted needs of civil aeronautics;
            (B) meet the requirements that the Secretary of Defense 
        establishes for the support of the national defense; and
            (C) provide the highest degree of safety in air commerce;
        (2) for the first and 2d years of the plan, detailed annual 
    estimates of--
            (A) the number, type, location, and cost of acquiring, 
        operating, and maintaining required facilities and services;
            (B) the cost of research, engineering, and development 
        required to improve safety, system capacity, and efficiency; 
        and
            (C) personnel levels required for the activities described 
        in subclauses (A) and (B) of this clause;
        (3) for the 3d, 4th, and 5th years of the plan, estimates of 
    the total cost of each major program for the 3-year period, and 
    additional major research programs, acquisition of systems and 
    facilities, and changes in personnel levels that may be required to 
    meet long range objectives and that may have significant impact on 
    future funding requirements; and
        (4) a 10-year investment plan that considers long range 
    objectives that the Administrator considers necessary to--
            (A) ensure that safety is given the highest priority in 
        providing for a safe and efficient airway system; and
            (B) meet the current and projected growth of aviation and 
        the requirements of interstate commerce, the United States 
        Postal Service, and the national defense.
    (c) National Aviation Research Plan.--(1) The Administrator of the 
Federal Aviation Administration shall prepare and publish annually a 
national aviation research plan and submit the plan to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science, Space, and Technology of the House of Representatives. The 
plan shall be submitted not later than the date of submission of the 
President's budget to Congress.
    (2)(A) The plan shall describe, for a 15-year period, the research, 
engineering, and development that the Administrator of the Federal 
Aviation Administration considers necessary--
        (i) to ensure the continued capacity, safety, and efficiency of 
    aviation in the United States, considering emerging technologies 
    and forecasted needs of civil aeronautics; and
        (ii) to provide the highest degree of safety in air travel.
    (B) The plan shall cover all research conducted under sections 
40119, 44504, 44505, 44507, 44511-44513, and 44912 of this title and 
shall identify complementary and coordinated research efforts that the 
Administrator of the National Aeronautics and Space Administration 
conducts with amounts specifically appropriated to the Administration. 
For projects for which the Administrator of the Federal Aviation 
Administration anticipates requesting an appropriation, the plan shall 
include--
        (i) for the first 2 years of the plan, detailed annual 
    estimates of the schedule, cost, and work-force levels for each 
    research project, including a description of the scope and content 
    of each major contract, grant, or interagency agreement;
        (ii) for the 3d, 4th, and 5th years of the plan, estimates of 
    the total cost of each major project and any additional major 
    research projects that may be required to meet long-term objectives 
    and that may have significant impact on future appropriations 
    requirements;
        (iii) for the 6th and subsequent years of the plan, the long-
    term objectives the Administrator of the Federal Aviation 
    Administration considers necessary to ensure that aviation safety 
    will be given the highest priority; and
        (iv) details of a program to disseminate to the private sector 
    the results of aviation research conducted by the Administrator of 
    the Federal Aviation Administration, including any new technologies 
    developed.
    (3) Subject to section 40119(b) of this title and regulations 
prescribed under section 40119(b), the Administrator of the Federal 
Aviation Administration shall submit to the committees named in 
paragraph (1) of this subsection an annual report on the 
accomplishments of the research completed during the prior fiscal year. 
The report shall be submitted with the plan required under paragraph 
(1) and be organized to allow comparison with the plan in effect for 
the prior fiscal year.

Sec. 44502. General facilities and personnel authority

    (a) General Authority.--(1) The Administrator of the Federal 
Aviation Administration may--
        (A) acquire, establish, improve, operate, and maintain air 
    navigation facilities; and
        (B) provide facilities and personnel to regulate and protect 
    air traffic.
    (2) The cost of site preparation work associated with acquiring, 
establishing, or improving an air navigation facility under paragraph 
(1)(A) of this subsection shall be charged to amounts available for 
that purpose appropriated under section 48101(a) of this title. The 
Secretary of Transportation may make an agreement with an airport owner 
or sponsor (as defined in section 47102 of this title) so that the 
owner or sponsor will provide the work and be paid or reimbursed by the 
Secretary from the appropriated amounts.
    (3) The Secretary of Transportation may authorize a department, 
agency, or instrumentality of the United States Government to carry out 
any duty or power under this subsection with the consent of the head of 
the department, agency, or instrumentality.
    (b) Certification of Necessity.--Except for Government money 
expended under this part or for a military purpose, money may be 
expended to acquire, establish, construct, operate, repair, alter, or 
maintain an air navigation facility only if the Administrator of the 
Federal Aviation Administration certifies in writing that the facility 
is reasonably necessary for use in air commerce or for the national 
defense. An interested person may apply for a certificate for a 
facility to be acquired, established, constructed, operated, repaired, 
altered, or maintained by or for the person.
    (c) Ensuring Conformity With Plans and Policies.--(1) To ensure 
that conformity with plans and policies for, and allocation of, 
airspace by the Administrator of the Federal Aviation Administration 
under section 40103(b)(1) of this title, a military airport, military 
landing area, or missile or rocket site may be acquired, established, 
or constructed, or a runway may be altered substantially, only if the 
Administrator of the Federal Aviation Administration is given 
reasonable prior notice so that the Administrator of the Federal 
Aviation Administration may advise the appropriate committees of 
Congress and interested departments, agencies, and instrumentalities of 
the Government on the effect of the acquisition, establishment, 
construction, or alteration on the use of airspace by aircraft. A 
disagreement between the Administrator of the Federal Aviation 
Administration and the Secretary of Defense or the Administrator of the 
National Aeronautics and Space Administration may be appealed to the 
President for a final decision.
    (2) To ensure conformity, an airport or landing area not involving 
the expenditure of Government money may be established or constructed, 
or a runway may be altered substantially, only if the Administrator of 
the Federal Aviation Administration is given reasonable prior notice so 
that the Administrator may provide advice on the effects of the 
establishment, construction, or alteration on the use of airspace by 
aircraft.
    (d) Public Use and Emergency Assistance.--(1) The head of a 
department, agency, or instrumentality of the Government having 
jurisdiction over an air navigation facility owned or operated by the 
Government may provide, under regulations the head of the department, 
agency, or instrumentality prescribes, for public use of the facility.
    (2) The head of a department, agency, or instrumentality of the 
Government having jurisdiction over an airport or emergency landing 
field owned or operated by the Government may provide, under 
regulations the head of the department, agency, or instrumentality 
prescribes, for assistance, and the sale of fuel, oil, equipment, and 
supplies, to an aircraft, but only when necessary, because of an 
emergency, to allow the aircraft to continue to the nearest airport 
operated by private enterprise. The head of the department, agency, or 
instrumentality shall provide for the assistance and sale at the 
prevailing local fair market value as determined by the head of the 
department, agency, or instrumentality. An amount that the head decides 
is equal to the cost of the assistance provided and the fuel, oil, 
equipment, and supplies sold shall be credited to the appropriation 
from which the cost was paid. The balance shall be credited to 
miscellaneous receipts.
    (e) Consent of Congress.--Congress consents to a State making an 
agreement, not in conflict with a law of the United States, with 
another State to develop or operate an airport facility.
    (f) Transfers of Instrument Landing Systems.--An airport may 
transfer, without consideration, to the Administrator of the Federal 
Aviation Administration an instrument landing system (and associated 
approach lighting equipment and runway visual range equipment) that 
conforms to performance specifications of the Administrator if a 
Government airport aid program, airport development aid program, or 
airport improvement project grant was used to assist in purchasing the 
system. The Administrator shall accept the system and operate and 
maintain it under criteria of the Administrator.

Sec. 44503. Reducing nonessential expenditures

    The Secretary of Transportation shall attempt to reduce the 
capital, operating, maintenance, and administrative costs of the 
national airport and airway system to the maximum extent practicable 
consistent with the highest degree of aviation safety. At least 
annually, the Secretary shall consult with and consider the 
recommendations of users of the system on ways to reduce nonessential 
expenditures of the United States Government for aviation. The 
Secretary shall give particular attention to a recommendation that may 
reduce, with no adverse effect on safety, future personnel requirements 
and costs to the Government required to be recovered from user charges.

Sec. 44504. Improved aircraft, aircraft engines, propellers, and 
            appliances

    (a) Developmental Work and Service Testing.--The Administrator of 
the Federal Aviation Administration may conduct or supervise 
developmental work and service testing to improve aircraft, aircraft 
engines, propellers, and appliances.
    (b) Research.--The Administrator shall conduct or supervise 
research--
        (1) to develop technologies and analyze information to predict 
    the effects of aircraft design, maintenance, testing, wear, and 
    fatigue on the life of aircraft and air safety;
        (2) to develop methods of analyzing and improving aircraft 
    maintenance technology and practices, including nondestructive 
    evaluation of aircraft structures;
        (3) to assess the fire and smoke resistance of aircraft 
    material;
        (4) to develop improved fire and smoke resistant material for 
    aircraft interiors;
        (5) to develop and improve fire and smoke containment systems 
    for inflight aircraft fires;
        (6) to develop advanced aircraft fuels with low flammability 
    and technologies that will contain aircraft fuels to minimize post-
    crash fire hazards; and
        (7) to develop technologies and methods to assess the risk of 
    and prevent defects, failures, and malfunctions of products, parts, 
    processes, and articles manufactured for use in aircraft, aircraft 
    engines, propellers, and appliances that could result in a 
    catastrophic failure of an aircraft.
    (c) Authority To Buy Items Offering Special Advantages.--In 
carrying out this section, the Administrator, by negotiation or 
otherwise, may buy or exchange experimental aircraft, aircraft engines, 
propellers, and appliances that the Administrator decides may offer 
special advantages to aeronautics.

Sec. 44505. Systems, procedures, facilities, and devices

    (a) General Requirements.--(1) The Administrator of the Federal 
Aviation Administration shall--
        (A) develop, alter, test, and evaluate systems, procedures, 
    facilities, and devices, and define their performance 
    characteristics, to meet the needs for safe and efficient 
    navigation and traffic control of civil and military aviation, 
    except for needs of the armed forces that are peculiar to air 
    warfare and primarily of military concern; and
        (B) select systems, procedures, facilities, and devices that 
    will best serve those needs and promote maximum coordination of air 
    traffic control and air defense systems.
    (2) The Administrator may make contracts to carry out this 
subsection without regard to section 3324(a) and (b) of title 31.
    (3) When a substantial question exists under paragraph (1) of this 
subsection about whether a matter is of primary concern to the armed 
forces, the Administrator shall decide whether the Administrator or the 
Secretary of the appropriate military department has responsibility. 
The Administrator shall be given technical information related to each 
research and development project of the armed forces that potentially 
applies to, or potentially conflicts with, the common system to ensure 
that potential application to the common system is considered properly 
and that potential conflicts with the system are eliminated.
    (b) Research on Human Factors and Simulation Models.--The 
Administrator shall conduct or supervise research--
        (1) to develop a better understanding of the relationship 
    between human factors and aviation accidents and between human 
    factors and air safety;
        (2) to enhance air traffic controller, mechanic, and flight 
    crew performance;
        (3) to develop a human-factor analysis of the hazards 
    associated with new technologies to be used by air traffic 
    controllers, mechanics, and flight crews;
        (4) to identify innovative and effective corrective measures 
    for human errors that adversely affect air safety; and
        (5) to develop dynamic simulation models of the air traffic 
    control system and airport design and operating procedures that 
    will provide analytical technology--
            (A) to predict airport and air traffic control safety and 
        capacity problems;
            (B) to evaluate planned research projects; and
            (C) to test proposed revisions in airport and air traffic 
        control operations programs.
    (c) Research on Developing and Maintaining a Safe and Efficient 
System.--The Administrator shall conduct or supervise research on--
        (1) airspace and airport planning and design;
        (2) airport capacity enhancement techniques;
        (3) human performance in the air transportation environment;
        (4) aviation safety and security;
        (5) the supply of trained air transportation personnel, 
    including pilots and mechanics; and
        (6) other aviation issues related to developing and maintaining 
    a safe and efficient air transportation system.

Sec. 44506. Air traffic controllers

    (a) Research on Effect of Automation on Performance.--To develop 
the means necessary to establish appropriate selection criteria and 
training methodologies for the next generation of air traffic 
controllers, the Administrator of the Federal Aviation Administration 
shall conduct research to study the effect of automation on the 
performance of the next generation of air traffic controllers and the 
air traffic control system. The research shall include investigating--
        (1) methods for improving and accelerating future air traffic 
    controller training through the application of advanced training 
    techniques, including the use of simulation technology;
        (2) the role of automation in the air traffic control system 
    and its physical and psychological effects on air traffic 
    controllers;
        (3) the attributes and aptitudes needed to function well in a 
    highly automated air traffic control system and the development of 
    appropriate testing methods for identifying individuals with those 
    attributes and aptitudes;
        (4) innovative methods for training potential air traffic 
    controllers to enhance the benefits of automation and maximize the 
    effectiveness of the air traffic control system; and
        (5) new technologies and procedures for exploiting automated 
    communication systems, including Mode S Transponders, to improve 
    information transfers between air traffic controllers and aircraft 
    pilots.
    (b) Research on Human Factor Aspects of Automation.--The 
Administrators of the Federal Aviation Administration and National 
Aeronautics and Space Administration may make an agreement for the use 
of the National Aeronautics and Space Administration's unique human 
factor facilities and expertise in conducting research activities to 
study the human factor aspects of the highly automated environment for 
the next generation of air traffic controllers. The research activities 
shall include investigating--
        (1) human perceptual capabilities and the effect of computer-
    aided decision making on the workload and performance of air 
    traffic controllers;
        (2) information management techniques for advanced air traffic 
    control display systems; and
        (3) air traffic controller workload and performance measures, 
    including the development of predictive models.
    (c) Collegiate Training Initiative.--(1) The Administrator of the 
Federal Aviation Administration may maintain the Collegiate Training 
Initiative program by making new agreements and continuing existing 
agreements with institutions of higher education (as defined by the 
Administrator) under which the institutions prepare students for the 
position of air traffic controller with the Department of 
Transportation (as defined in section 2109 of title 5). The 
Administrator may establish standards for the entry of institutions 
into the program and for their continued participation.
    (2)(A) The Administrator of the Federal Aviation Administration may 
appoint an individual who has successfully completed a course of 
training in a program described in paragraph (1) of this subsection to 
the position of air traffic controller noncompetitively in the excepted 
service (as defined in section 2103 of title 5). An individual 
appointed under this paragraph serves at the pleasure of the 
Administrator, subject to section 7511 of title 5. However, an 
appointment under this paragraph may be converted from one in the 
excepted service to a career conditional or career appointment in the 
competitive civil service (as defined in section 2102 of title 5) when 
the individual achieves full performance level air traffic controller 
status, as decided by the Administrator.
    (B) The authority under subparagraph (A) of this paragraph to make 
appointments in the excepted service expires on October 6, 1997, except 
that the Administrator of the Federal Aviation Administration may 
extend the authority for one or more successive one-year periods.
    (d) Staffing Report.--The Administrator of the Federal Aviation 
Administration shall submit annually to the Committee on Public Works 
and Transportation of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
containing--
        (1) the staffing standards used to determine the number of air 
    traffic controllers needed to operate the air traffic control 
    system of the United States;
        (2) a 3-year projection of the number of controllers needed to 
    be employed to operate the system to meet the standards; and
        (3) a detailed plan for employing the controllers, including 
    projected budget requests.

Sec. 44507. Civil aeromedical research

    The Civil Aeromedical Institute established by section 106(j) of 
this title may--
        (1) conduct civil aeromedical research, including research 
    related to--
            (A) the protection and survival of aircraft occupants;
            (B) medical accident investigation and airman medical 
        certification;
            (C) toxicology and the effects of drugs on human 
        performance;
            (D) the impact of disease and disability on human 
        performance;
            (E) vision and its relationship to human performance and 
        equipment design;
            (F) human factors of flight crews, air traffic controllers, 
        mechanics, inspectors, airway facility technicians, and other 
        individuals involved in operating and maintaining aircraft and 
        air traffic control equipment; and
            (G) agency work force optimization, including training, 
        equipment design, reduction of errors, and identification of 
        candidate tasks for automation;
        (2) make comments to the Administrator of the Federal Aviation 
    Administration on human factors aspects of proposed air safety 
    regulations;
        (3) make comments to the Administrator on human factors aspects 
    of proposed training programs, equipment requirements, standards, 
    and procedures for aviation personnel;
        (4) advise, assist, and represent the Federal Aviation 
    Administration in the human factors aspects of joint projects 
    between the Administration and the National Aeronautics and Space 
    Administration, other departments, agencies, and instrumentalities 
    of the United States Government, industry, and governments of 
    foreign countries; and
        (5) provide medical consultation services to the Administrator 
    about medical certification of airmen.

Sec. 44508. Research advisory committee

    (a) Establishment and Duties.--(1) There is a research advisory 
committee in the Federal Aviation Administration. The committee shall--
        (A) provide advice and recommendations to the Administrator of 
    the Federal Aviation Administration about needs, objectives, plans, 
    approaches, content, and accomplishments of the aviation research 
    program carried out under sections 40119, 44504, 44505, 44507, 
    44511-44513, and 44912 of this title;
        (B) assist in ensuring that the research is coordinated with 
    similar research being conducted outside the Administration; and
        (C) review the operations of the regional centers of air 
    transportation excellence established under section 44513 of this 
    title.
    (2) The Administrator may establish subordinate committees to 
provide advice on specific areas of research conducted under sections 
40119, 44504, 44505, 44507, 44511-44513, and 44912 of this title.
    (b) Members, Chairman, Pay, and Expenses.--(1) The committee is 
composed of not more than 30 members appointed by the Administrator 
from among individuals who are not employees of the Administration and 
who are specially qualified to serve on the committee because of their 
education, training, or experience. In appointing members of the 
committee, the Administrator shall ensure that the regional centers of 
air transportation excellence, universities, corporations, 
associations, consumers, and other departments, agencies, and 
instrumentalities of the United States Government are represented.
    (2) The Administrator shall designate the chairman of the 
committee.
    (3) A member of the committee serves without pay. However, the 
Administrator may allow a member, when attending meetings of the 
committee or a subordinate committee, expenses as authorized under 
section 5703 of title 5.
    (c) Support Staff, Information, and Services.--The Administrator 
shall provide support staff for the committee. On request of the 
committee, the Administrator shall provide information, administrative 
services, and supplies that the Administrator considers necessary for 
the committee to carry out its duties and powers.
    (d) Nonapplication.--Section 14 of the Federal Advisory Committee 
Act (5 App. U.S.C.) does not apply to the committee.
    (e) Use and Limitation of Amounts.--(1) Not more than .1 percent of 
the amounts made available to conduct research under sections 40119, 
44504, 44505, 44507, 44511-44513, and 44912 of this title may be used 
by the Administrator to carry out this section.
    (2) A limitation on amounts available for obligation by or for the 
committee does not apply to amounts made available to carry out this 
section.

Sec. 44509. Demonstration projects

    The Secretary of Transportation may carry out under this chapter 
demonstration projects that the Secretary considers necessary for 
research and development activities under this chapter.

Sec. 44510. Airway science curriculum grants

    (a) General Authority.--The Administrator of the Federal Aviation 
Administration may make competitive grant agreements with institutions 
of higher education having airway science curricula for the United 
States Government's share of the allowable direct costs of the 
following categories of items to the extent that the items are in 
support of airway science curricula:
        (1) the construction, purchase, or lease with an option to 
    purchase, of buildings and associated facilities.
        (2) instructional material and equipment.
    (b) Cost Guidelines.--The Administrator shall establish guidelines 
to determine the direct costs allowable under a grant to be made under 
this section. The Government's share of the allowable cost of a project 
assisted by a grant under this section may not be more than 65 percent.

Sec. 44511. Aviation research grants

    (a) General Authority.--The Administrator of the Federal Aviation 
Administration may make grants to institutions of higher education and 
nonprofit research organizations to conduct aviation research in areas 
the Administrator considers necessary for the long-term growth of civil 
aviation.
    (b) Applications.--An institution of higher education or nonprofit 
research organization interested in receiving a grant under this 
section may submit an application to the Administrator. The application 
must be in the form and contain the information the Administrator 
requires.
    (c) Solicitation, Review, and Evaluation Process.--The 
Administrator shall establish a solicitation, review, and evaluation 
process that ensures--
        (1) providing grants under this section for proposals having 
    adequate merit and relevancy to the mission of the Administration;
        (2) a fair geographical distribution of grants under this 
    section; and
        (3) the inclusion of historically black institutions of higher 
    education and other minority nonprofit research organizations for 
    grant consideration under this section.
    (d) Records.--Each person receiving a grant under this section 
shall maintain records that the Administrator requires as being 
necessary to facilitate an effective audit and evaluation of the use of 
money provided under the grant.
    (e) Annual Report.--The Administrator shall submit an annual report 
to the Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on carrying out this section.

Sec. 44512. Catastrophic failure prevention research grants

    (a) General Authority.--The Administrator of the Federal Aviation 
Administration may make grants to institutions of higher education and 
nonprofit research organizations--
        (1) to conduct aviation research related to the development of 
    technologies and methods to assess the risk of, and prevent, 
    defects, failures, and malfunctions of products, parts, processes, 
    and articles manufactured for use in aircraft, aircraft engines, 
    propellers, and appliances that could result in a catastrophic 
    failure of an aircraft; and
        (2) to establish centers of excellence for continuing the 
    research.
    (b) Solicitation, Application, Review, and Evaluation Process.--The 
Administrator shall establish a solicitation, application, review, and 
evaluation process that ensures providing grants under this section for 
proposals having adequate merit and relevancy to the research described 
in subsection (a) of this section.

Sec. 44513. Regional centers of air transportation excellence

    (a) General Authority.--The Administrator of the Federal Aviation 
Administration may make grants to institutions of higher education to 
establish and operate regional centers of air transportation 
excellence. The locations shall be distributed in a geographically fair 
way.
    (b) Responsibilities.--(1) The responsibilities of each center 
established under this section shall include--
        (A) conducting research on--
            (i) airspace and airport planning and design;
            (ii) airport capacity enhancement techniques;
            (iii) human performance in the air transportation 
        environment;
            (iv) aviation safety and security;
            (v) the supply of trained air transportation personnel, 
        including pilots and mechanics; and
            (vi) other aviation issues related to developing and 
        maintaining a safe and efficient air transportation system; and
        (B) interpreting, publishing, and disseminating the results of 
    the research.
    (2) In conducting research described in paragraph (1)(A) of this 
subsection, each center may make contracts with nonprofit research 
organizations and other appropriate persons.
    (c) Applications.--An institution of higher education interested in 
receiving a grant under this section may submit an application to the 
Administrator. The application must be in the form and contain the 
information that the Administrator requires by regulation.
    (d) Selection Criteria.--The Administrator shall select recipients 
of grants under this section on the basis of the following criteria:
        (1) the extent to which the needs of the State in which the 
    applicant is located are representative of the needs of the region 
    for improved air transportation services and facilities.
        (2) the demonstrated research and extension resources available 
    to the applicant to carry out this section.
        (3) the ability of the applicant to provide leadership in 
    making national and regional contributions to the solution of both 
    long-range and immediate air transportation problems.
        (4) the extent to which the applicant has an established air 
    transportation program.
        (5) the demonstrated ability of the applicant to disseminate 
    results of air transportation research and educational programs 
    through a statewide or regionwide continuing education program.
        (6) the projects the applicant proposes to carry out under the 
    grant.
    (e) Expenditure Agreements.--A grant may be made under this section 
in a fiscal year only if the recipient makes an agreement with the 
Administrator that the Administrator requires to ensure that the 
recipient will maintain its total expenditures from all other sources 
for establishing and operating the center and related research 
activities at a level at least equal to the average level of those 
expenditures in the 2 fiscal years of the recipient occurring 
immediately before November 5, 1990.
    (f) Government's Share of Costs.--The United States Government's 
share of a grant under this section is 50 percent of the costs of 
establishing and operating the center and related research activities 
that the grant recipient carries out.
    (g) Allocating Amounts.--The Administrator shall allocate amounts 
made available to carry out this section in a geographically fair way.

Sec. 44514. Flight service stations

    (a) Hours of Operation.--(1) The Secretary of Transportation may 
close, or reduce the hours of operation of, a flight service station in 
an area only if the service provided in the area after the closing or 
during the hours the station is not in operation is provided by an 
automated flight service station with at least model 1 equipment.
    (2) The Secretary shall reopen a flight service station closed 
after March 24, 1987, but before July 15, 1987, as soon as practicable 
if the service in the area in which the station is located has not been 
provided since the closing by an automatic flight service station with 
at least model 1 equipment. The hours of operation for the reopened 
station shall be the same as were the hours of operation for the 
station on March 25, 1987. After reopening the station, the Secretary 
may close, or reduce the hours of operation of, the station only as 
provided in paragraph (1) of this subsection.
    (b) Manned Auxiliary Stations.--The Secretary and the Administrator 
of the Federal Aviation Administration shall establish a system of 
manned auxiliary flight service stations. The manned auxiliary flight 
service stations shall supplement the services of the planned 
consolidation to 61 automated flight service stations under the flight 
service station modernization program. A manned auxiliary flight 
service station shall be located in an area of unique weather or 
operational conditions that are critical to the safety of flight.

Sec. 44515. Advanced training facilities for maintenance technicians 
            for air carrier aircraft

    (a) General Authority.--The Administrator of the Federal Aviation 
Administration may make grants to not more than 4 vocational technical 
educational institutions to acquire or construct facilities to be used 
for the advanced training of maintenance technicians for air carrier 
aircraft.
    (b) Eligibility.--The Administrator may make a grant under this 
section to a vocational technical educational institution only if the 
institution has a training curriculum that prepares aircraft 
maintenance technicians who hold airframe and power plant certificates 
under subpart D of part 65 of title 14, Code of Federal Regulations, to 
maintain, without direct supervision, air carrier aircraft.
    (c) Limitation.--A vocational technical educational institution may 
not receive more than a total of $5,000,000 in grants under this 
section.

                     CHAPTER 447--SAFETY REGULATION

Sec.
44701.  General requirements.
44702.  Issuance of certificates.
44703.  Airman certificates.
44704.  Type certificates, production certificates, and airworthiness 
          certificates.
44705.  Air carrier operating certificates.
44706.  Airport operating certificates.
44707.  Examining and rating air agencies.
44708.  Inspecting and rating air navigation facilities.
44709.  Amendments, modifications, suspensions, and revocations of 
          certificates.
44710.  Revocations of airman certificates for controlled substance 
          violations.
44711.  Prohibitions and exemption.
44712.  Emergency locator transmitters.
44713.  Inspection and maintenance.
44714.  Aviation fuel standards.
44715.  Controlling aircraft noise and sonic boom.
44716.  Collision avoidance systems.
44717.  Aging aircraft.
44718.  Structures interfering with air commerce.
44719.  Standards for navigational aids.
44720.  Meteorological services.
44721.  Aeronautical maps and charts.
44722.  Aircraft operations in winter conditions.
44723.  Annual report.

Sec. 44701. General requirements

    (a) Promoting Safety.--The Administrator of the Federal Aviation 
Administration shall promote safe flight of civil aircraft in air 
commerce by prescribing--
        (1) minimum standards required in the interest of safety for 
    appliances and for the design, material, construction, quality of 
    work, and performance of aircraft, aircraft engines, and 
    propellers;
        (2) regulations and minimum standards in the interest of safety 
    for--
            (A) inspecting, servicing, and overhauling aircraft, 
        aircraft engines, propellers, and appliances;
            (B) equipment and facilities for, and the timing and manner 
        of, the inspecting, servicing, and overhauling; and
            (C) a qualified private person, instead of an officer or 
        employee of the Administration, to examine and report on the 
        inspecting, servicing, and overhauling;
        (3) regulations required in the interest of safety for the 
    reserve supply of aircraft, aircraft engines, propellers, 
    appliances, and aircraft fuel and oil, including the reserve supply 
    of fuel and oil carried in flight;
        (4) regulations in the interest of safety for the maximum hours 
    or periods of service of airmen and other employees of air 
    carriers; and
        (5) regulations and minimum standards for other practices, 
    methods, and procedure the Administrator finds necessary for safety 
    in air commerce and national security.
    (b) Prescribing Minimum Safety Standards.--The Administrator may 
prescribe minimum safety standards for--
        (1) an air carrier to whom a certificate is issued under 
    section 44705 of this title; and
        (2) operating an airport serving any passenger operation of air 
    carrier aircraft designed for at least 31 passenger seats.
    (c) Reducing and Eliminating Accidents.--The Administrator shall 
carry out this chapter in a way that best tends to reduce or eliminate 
the possibility or recurrence of accidents in air transportation. 
However, the Administrator is not required to give preference either to 
air transportation or to other air commerce in carrying out this 
chapter.
    (d) Considerations and Classification of Regulations and 
Standards.--When prescribing a regulation or standard under subsection 
(a) or (b) of this section or section 44702-44716 of this title, the 
Administrator shall--
        (1) consider--
            (A) the duty of an air carrier to provide service with the 
        highest possible degree of safety in the public interest; and
            (B) differences between air transportation and other air 
        commerce; and
        (2) classify a regulation or standard appropriate to the 
    differences between air transportation and other air commerce.
    (e) Exemptions.--The Administrator may grant an exemption from a 
requirement of a regulation prescribed under subsection (a) or (b) of 
this section or section 44702-44716 of this title if the Administrator 
finds the exemption is in the public interest.

Sec. 44702. Issuance of certificates

    (a) General Authority and Applications.--The Administrator of the 
Federal Aviation Administration may issue airman certificates, type 
certificates, production certificates, airworthiness certificates, air 
carrier operating certificates, airport operating certificates, air 
agency certificates, and air navigation facility certificates under 
this chapter. An application for a certificate must--
        (1) be under oath when the Administrator requires; and
        (2) be in the form, contain information, and be filed and 
    served in the way the Administrator prescribes.
    (b) Considerations.--When issuing a certificate under this chapter, 
the Administrator shall--
        (1) consider--
            (A) the duty of an air carrier to provide service with the 
        highest possible degree of safety in the public interest; and
            (B) differences between air transportation and other air 
        commerce; and
        (2) classify a certificate according to the differences between 
    air transportation and other air commerce.
    (c) Prior Certification.--The Administrator may authorize an 
aircraft, aircraft engine, propeller, or appliance for which a 
certificate has been issued authorizing the use of the aircraft, 
aircraft engine, propeller, or appliance in air transportation to be 
used in air commerce without another certificate being issued.
    (d) Delegation.--(1) Subject to regulations, supervision, and 
review the Administrator may prescribe, the Administrator may delegate 
to a qualified private person, or to an employee under the supervision 
of that person, a matter related to--
        (A) the examination, testing, and inspection necessary to issue 
    a certificate under this chapter; and
        (B) issuing the certificate.
    (2) The Administrator may rescind a delegation under this 
subsection at any time for any reason the Administrator considers 
appropriate.
    (3) A person affected by an action of a private person under this 
subsection may apply for reconsideration of the action by the 
Administrator. On the Administrator's own initiative, the Administrator 
may reconsider the action of a private person at any time. If the 
Administrator decides on reconsideration that the action is 
unreasonable or unwarranted, the Administrator shall change, modify, or 
reverse the action. If the Administrator decides the action is 
warranted, the Administrator shall affirm the action.

Sec. 44703. Airman certificates

    (a) General.--The Administrator of the Federal Aviation 
Administration shall issue an airman certificate to an individual when 
the Administrator finds, after investigation, that the individual is 
qualified for, and physically able to perform the duties related to, 
the position to be authorized by the certificate.
    (b) Contents.--(1) An airman certificate shall--
        (A) be numbered and recorded by the Administrator of the 
    Federal Aviation Administration;
        (B) contain the name, address, and description of the 
    individual to whom the certificate is issued;
        (C) contain terms the Administrator decides are necessary to 
    ensure safety in air commerce, including terms on the duration of 
    the certificate, periodic or special examinations, and tests of 
    physical fitness;
        (D) specify the capacity in which the holder of the certificate 
    may serve as an airman with respect to an aircraft; and
        (E) designate the class the certificate covers.
    (2) A certificate issued to a pilot serving in scheduled air 
transportation shall have the designation ``airline transport pilot'' 
of the appropriate class.
    (c) Appeals.--(1) An individual whose application for the issuance 
or renewal of an airman certificate has been denied may appeal the 
denial to the National Transportation Safety Board, except if the 
individual holds a certificate that--
        (A) is suspended at the time of denial; or
        (B) was revoked within one year from the date of the denial.
    (2) The Board shall conduct a hearing on the appeal at a place 
convenient to the place of residence or employment of the applicant. 
The Board is not bound by findings of fact of the Administrator of the 
Federal Aviation Administration but is bound by all validly adopted 
interpretations of laws and regulations the Administrator carries out 
unless the Board finds an interpretation is arbitrary, capricious, or 
otherwise not according to law. At the end of the hearing, the Board 
shall decide whether the individual meets the applicable regulations 
and standards. The Administrator is bound by that decision.
    (d) Restrictions and Prohibitions.--The Administrator of the 
Federal Aviation Administration may--
        (1) restrict or prohibit issuing an airman certificate to an 
    alien; or
        (2) make issuing the certificate to an alien dependent on a 
    reciprocal agreement with the government of a foreign country.
    (e) Controlled Substance Violations.--The Administrator of the 
Federal Aviation Administration may not issue an airman certificate to 
an individual whose certificate is revoked under section 44710 of this 
title except--
        (1) when the Administrator decides that issuing the certificate 
    will facilitate law enforcement efforts; and
        (2) as provided in section 44710(e)(2) of this title.
    (f) Modifications in System.--(1) The Administrator of the Federal 
Aviation Administration shall make modifications in the system for 
issuing airman certificates necessary to make the system more effective 
in serving the needs of pilots and officials responsible for enforcing 
laws related to the regulation of controlled substances (as defined in 
section 102 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802)). The modifications shall ensure positive and 
verifiable identification of each individual applying for or holding a 
certificate and shall address at least each of the following 
deficiencies in, and abuses of, the existing system:
        (A) the use of fictitious names and addresses by applicants for 
    those certificates.
        (B) the use of stolen or fraudulent identification in applying 
    for those certificates.
        (C) the use by an applicant of a post office box or ``mail 
    drop'' as a return address to evade identification of the 
    applicant's address.
        (D) the use of counterfeit and stolen airman certificates by 
    pilots.
        (E) the absence of information about physical characteristics 
    of holders of those certificates.
    (2) The Administrator of the Federal Aviation Administration shall 
prescribe regulations to carry out paragraph (1) of this subsection and 
provide a written explanation of how the regulations address each of 
the deficiencies and abuses described in paragraph (1). In prescribing 
the regulations, the Administrator of the Federal Aviation 
Administration shall consult with the Administrator of Drug 
Enforcement, the Commissioner of Customs, other law enforcement 
officials of the United States Government, representatives of State and 
local law enforcement officials, representatives of the general 
aviation aircraft industry, representatives of users of general 
aviation aircraft, and other interested persons.

Sec. 44704. Type certificates, production certificates, and 
            airworthiness certificates

    (a) Type Certificates.--(1) The Administrator of the Federal 
Aviation Administration shall issue a type certificate for an aircraft, 
aircraft engine, or propeller, or for an appliance specified under 
paragraph (2)(A) of this subsection when the Administrator finds that 
the aircraft, aircraft engine, propeller, or appliance is properly 
designed and manufactured, performs properly, and meets the regulations 
and minimum standards prescribed under section 44701(a) of this title. 
On receiving an application for a type certificate, the Administrator 
shall investigate the application and may conduct a hearing. The 
Administrator shall make, or require the applicant to make, tests the 
Administrator considers necessary in the interest of safety.
    (2) The Administrator may--
        (A) specify in regulations those appliances that reasonably 
    require a type certificate in the interest of safety;
        (B) include in a type certificate terms required in the 
    interest of safety; and
        (C) record on the certificate a numerical specification of the 
    essential factors related to the performance of the aircraft, 
    aircraft engine, or propeller for which the certificate is issued.
    (b) Production Certificates.--The Administrator shall issue a 
production certificate authorizing the production of a duplicate of an 
aircraft, aircraft engine, propeller, or appliance for which a type 
certificate has been issued when the Administrator finds the duplicate 
will conform to the certificate. On receiving an application, the 
Administrator shall inspect, and may require testing of, a duplicate to 
ensure that it conforms to the requirements of the certificate. The 
Administrator may include in a production certificate terms required in 
the interest of safety.
    (c) Airworthiness Certificates.--(1) The registered owner of an 
aircraft may apply to the Administrator for an airworthiness 
certificate for the aircraft. The Administrator shall issue an 
airworthiness certificate when the Administrator finds that the 
aircraft conforms to its type certificate and, after inspection, is in 
condition for safe operation. The Administrator shall register each 
airworthiness certificate and may include appropriate information in 
the certificate. The certificate number or other individual designation 
the Administrator requires shall be displayed on the aircraft. The 
Administrator may include in an airworthiness certificate terms 
required in the interest of safety.
    (2) A person applying for the issuance or renewal of an 
airworthiness certificate for an aircraft for which ownership has not 
been recorded under section 44107 or 44110 of this title must submit 
with the application information related to the ownership of the 
aircraft the Administrator decides is necessary to identify each person 
having a property interest in the aircraft and the kind and extent of 
the interest.

Sec. 44705. Air carrier operating certificates

    The Administrator of the Federal Aviation Administration shall 
issue an air carrier operating certificate to a person desiring to 
operate as an air carrier when the Administrator finds, after 
investigation, that the person properly and adequately is equipped and 
able to operate safely under this part and regulations and standards 
prescribed under this part. An air carrier operating certificate 
shall--
        (1) contain terms necessary to ensure safety in air 
    transportation; and
        (2) specify the places to and from which, and the airways of 
    the United States over which, a person may operate as an air 
    carrier.

Sec. 44706. Airport operating certificates

    (a) General.--The Administrator of the Federal Aviation 
Administration shall issue an airport operating certificate to a person 
desiring to operate an airport--
        (1) that serves an air carrier operating aircraft designed for 
    at least 31 passenger seats;
        (2) that the Administrator requires to have a certificate; and
        (3) when the Administrator finds, after investigation, that the 
    person properly and adequately is equipped and able to operate 
    safely under this part and regulations and standards prescribed 
    under this part.
    (b) Terms.--An airport operating certificate issued under this 
section shall contain terms necessary to ensure safety in air 
transportation. Unless the Administrator decides that it is not in the 
public interest, the terms shall include conditions related to--
        (1) operating and maintaining adequate safety equipment, 
    including firefighting and rescue equipment capable of rapid access 
    to any part of the airport used for landing, takeoff, or surface 
    maneuvering of an aircraft; and
        (2) friction treatment for primary and secondary runways that 
    the Secretary of Transportation decides is necessary.
    (c) Exemptions.--The Administrator may exempt from the requirements 
of this section, related to firefighting and rescue equipment, an 
operator of an airport described in subsection (a) of this section 
having less than .25 percent of the total number of passenger boardings 
each year at all airports described in subsection (a) when the 
Administrator decides that the requirements are or would be 
unreasonably costly, burdensome, or impractical.

Sec. 44707. Examining and rating air agencies

    The Administrator of the Federal Aviation Administration may 
examine and rate the following air agencies:
        (1) civilian schools giving instruction in flying or repairing, 
    altering, and maintaining aircraft, aircraft engines, propellers, 
    and appliances, on the adequacy of instruction, the suitability and 
    airworthiness of equipment, and the competency of instructors.
        (2) repair stations and shops that repair, alter, and maintain 
    aircraft, aircraft engines, propellers, and appliances, on the 
    adequacy and suitability of the equipment, facilities, and 
    materials for, and methods of, repair and overhaul, and the 
    competency of the individuals doing the work or giving instruction 
    in the work.
        (3) other air agencies the Administrator decides are necessary 
    in the public interest.

Sec. 44708. Inspecting and rating air navigation facilities

    The Administrator of the Federal Aviation Administration may 
inspect, classify, and rate an air navigation facility available for 
the use of civil aircraft on the suitability of the facility for that 
use.

Sec. 44709. Amendments, modifications, suspensions, and revocations of 
            certificates

    (a) Reinspection and Reexamination.--The Administrator of the 
Federal Aviation Administration may reinspect at any time a civil 
aircraft, aircraft engine, propeller, appliance, air navigation 
facility, or air agency, or reexamine an airman holding a certificate 
issued under section 44703 of this title.
    (b) Actions of the Administrator.--The Administrator may issue an 
order amending, modifying, suspending, or revoking--
        (1) any part of a certificate issued under this chapter if--
            (A) the Administrator decides after conducting a 
        reinspection, reexamination, or other investigation that safety 
        in air commerce or air transportation and the public interest 
        require that action; or
            (B) the holder of the certificate has violated an aircraft 
        noise or sonic boom standard or regulation prescribed under 
        section 44715(a) of this title; and
        (2) an airman certificate when the holder of the certificate is 
    convicted of violating section 13(a) of the Fish and Wildlife Act 
    of 1956 (16 U.S.C. 742j-1(a)).
    (c) Advice to Certificate Holders and Opportunity To Answer.--
Before acting under subsection (b) of this section, the Administrator 
shall advise the holder of the certificate of the charges or other 
reasons on which the Administrator relies for the proposed action. 
Except in an emergency, the Administrator shall provide the holder an 
opportunity to answer the charges and be heard why the certificate 
should not be amended, modified, suspended, or revoked.
    (d) Appeals.--(1) A person adversely affected by an order of the 
Administrator under this section may appeal the order to the National 
Transportation Safety Board. After notice and an opportunity for a 
hearing, the Board may amend, modify, or reverse the order when the 
Board finds--
        (A) if the order was issued under subsection (b)(1)(A) of this 
    section, that safety in air commerce or air transportation and the 
    public interest do not require affirmation of the order; or
        (B) if the order was issued under subsection (b)(1)(B) of this 
    section--
            (i) that control or abatement of aircraft noise or sonic 
        boom and the public health and welfare do not require 
        affirmation of the order; or
            (ii) the order, as it is related to a violation of aircraft 
        noise or sonic boom standards and regulations, is not 
        consistent with safety in air commerce or air transportation.
    (2) The Board may modify a suspension or revocation of a 
certificate to imposition of a civil penalty.
    (3) When conducting a hearing under this subsection, the Board is 
not bound by findings of fact of the Administrator but is bound by all 
validly adopted interpretations of laws and regulations the 
Administrator carries out and of written agency policy guidance 
available to the public related to sanctions to be imposed under this 
section unless the Board finds an interpretation is arbitrary, 
capricious, or otherwise not according to law.
    (e) Effectiveness of Orders Pending Appeal.--When a person files an 
appeal with the Board under subsection (d) of the section, the order of 
the Administrator is stayed. However, if the Administrator advises the 
Board that an emergency exists and safety in air commerce or air 
transportation requires the order to be effective immediately--
        (1) the order is effective; and
        (2) the Board shall make a final disposition of the appeal not 
    later than 60 days after the Administrator so advises the Board.
    (f) Judicial Review.--A person substantially affected by an order 
of the Board under this section, or the Administrator when the 
Administrator decides that an order of the Board under this section 
will have a significant adverse impact on carrying out this part, may 
obtain judicial review of the order under section 46110 of this title. 
The Administrator shall be made a party to the judicial review 
proceedings. Findings of fact of the Board are conclusive if supported 
by substantial evidence.

Sec. 44710. Revocations of airman certificates for controlled substance 
            violations

    (a) Definition.--In this section, ``controlled substance'' has the 
same meaning given that term in section 102 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
    (b) Revocation.--(1) The Administrator of the Federal Aviation 
Administration shall issue an order revoking an airman certificate 
issued an individual under section 44703 of this title after the 
individual is convicted, under a law of the United States or a State 
related to a controlled substance (except a law related to simple 
possession of a controlled substance), of an offense punishable by 
death or imprisonment for more than one year if the Administrator finds 
that--
        (A) an aircraft was used to commit, or facilitate the 
    commission of, the offense; and
        (B) the individual served as an airman, or was on the aircraft, 
    in connection with committing, or facilitating the commission of, 
    the offense.
    (2) The Administrator shall issue an order revoking an airman 
certificate issued an individual under section 44703 of this title if 
the Administrator finds that--
        (A) the individual knowingly carried out an activity 
    punishable, under a law of the United States or a State related to 
    a controlled substance (except a law related to simple possession 
    of a controlled substance), by death or imprisonment for more than 
    one year;
        (B) an aircraft was used to carry out or facilitate the 
    activity; and
        (C) the individual served as an airman, or was on the aircraft, 
    in connection with carrying out, or facilitating the carrying out 
    of, the activity.
    (3) The Administrator has no authority under paragraph (1) of this 
subsection to review whether an airman violated a law of the United 
States or a State related to a controlled substance.
    (c) Advice to Holders and Opportunity To Answer.--Before the 
Administrator revokes a certificate under subsection (b) of this 
section, the Administrator must--
        (1) advise the holder of the certificate of the charges or 
    reasons on which the Administrator relies for the proposed 
    revocation; and
        (2) provide the holder of the certificate an opportunity to 
    answer the charges and be heard why the certificate should not be 
    revoked.
    (d) Appeals.--(1) An individual whose certificate is revoked by the 
Administrator under subsection (b) of this section may appeal the 
revocation order to the National Transportation Safety Board. The Board 
shall affirm or reverse the order after providing notice and an 
opportunity for a hearing on the record. When conducting the hearing, 
the Board is not bound by findings of fact of the Administrator but 
shall be bound by all validly adopted interpretations of laws and 
regulations the Administrator carries out and of written agency policy 
guidance available to the public related to sanctions to be imposed 
under this section unless the Board finds an interpretation is 
arbitrary, capricious, or otherwise not according to law.
    (2) When an individual files an appeal with the Board under this 
subsection, the order of the Administrator revoking the certificate is 
stayed. However, if the Administrator advises the Board that safety in 
air transportation or air commerce requires the immediate effectiveness 
of the order--
        (A) the order remains effective; and
        (B) the Board shall make a final disposition of the appeal not 
    later than 60 days after the Administrator so advises the Board.
    (3) An individual substantially affected by an order of the Board 
under this subsection, or the Administrator when the Administrator 
decides that an order of the Board will have a significant adverse 
effect on carrying out this part, may obtain judicial review of the 
order under section 46110 of this title. The Administrator shall be 
made a party to the judicial review proceedings. Findings of fact of 
the Board are conclusive if supported by substantial evidence.
    (e) Acquittal.--(1) The Administrator may not revoke, and the Board 
may not affirm a revocation of, an airman certificate under subsection 
(b)(2) of this section on the basis of an activity described in 
subsection (b)(2)(A) if the holder of the certificate is acquitted of 
all charges related to a controlled substance in an indictment or 
information arising from the activity.
    (2) If the Administrator has revoked an airman certificate under 
this section because of an activity described in subsection (b)(2)(A) 
of this section, the Administrator shall reissue a certificate to the 
individual if--
        (A) the individual otherwise satisfies the requirements for a 
    certificate under section 44703 of this title; and
        (B)(i) the individual subsequently is acquitted of all charges 
    related to a controlled substance in an indictment or information 
    arising from the activity; or
        (ii) the conviction on which a revocation under subsection 
    (b)(1) of this section is based is reversed.
    (f) Waivers.--The Administrator may waive the requirement of 
subsection (b) of this section that an airman certificate of an 
individual be revoked if--
        (1) a law enforcement official of the United States Government 
    or of a State requests a waiver; and
        (2) the Administrator decides that the waiver will facilitate 
    law enforcement efforts.

Sec. 44711. Prohibitions and exemption

    (a) Prohibitions.--A person may not--
        (1) operate a civil aircraft in air commerce without an 
    airworthiness certificate in effect or in violation of a term of 
    the certificate;
        (2) serve in any capacity as an airman with respect to a civil 
    aircraft, aircraft engine, propeller, or appliance used, or 
    intended for use, in air commerce--
            (A) without an airman certificate authorizing the airman to 
        serve in the capacity for which the certificate was issued; or
            (B) in violation of a term of the certificate or a 
        regulation prescribed or order issued under section 44701(a) or 
        (b) or 44702-44716 of this title;
        (3) employ for service related to civil aircraft used in air 
    commerce an airman who does not have an airman certificate 
    authorizing the airman to serve in the capacity for which the 
    airman is employed;
        (4) operate as an air carrier without an air carrier operating 
    certificate or in violation of a term of the certificate;
        (5) operate aircraft in air commerce in violation of a 
    regulation prescribed or certificate issued under section 44701(a) 
    or (b) or 44702-44716 of this title;
        (6) operate a seaplane or other aircraft of United States 
    registry on the high seas in violation of a regulation under 
    section 3 of the International Navigational Rules Act of 1977 (33 
    U.S.C. 1602);
        (7) violate a term of an air agency or production certificate 
    or a regulation prescribed or order issued under section 44701(a) 
    or (b) or 44702-44716 of this title related to the holder of the 
    certificate;
        (8) operate an airport without an airport operating certificate 
    required under section 44706 of this title or in violation of a 
    term of the certificate; or
        (9) manufacture, deliver, sell, or offer for sale any aviation 
    fuel or additive in violation of a regulation prescribed under 
    section 44714 of this title.
    (b) Exemption.--On terms the Administrator of the Federal Aviation 
Administration prescribes as being in the public interest, the 
Administrator may exempt a foreign aircraft and airmen serving on the 
aircraft from subsection (a) of this section. However, an exemption 
from observing air traffic regulations may not be granted.

Sec. 44712. Emergency locator transmitters

    (a) Installation.--An emergency locator transmitter must be 
installed on a fixed-wing powered civil aircraft for use in air 
commerce.
    (b) Nonapplication.--Subsection (a) of this section does not apply 
to--
        (1) turbojet-powered aircraft;
        (2) aircraft when used in scheduled flights by scheduled air 
    carriers holding certificates issued by the Secretary of 
    Transportation under subpart II of this part;
        (3) aircraft when used in training operations conducted 
    entirely within a 50 mile radius of the airport from which the 
    training operations begin;
        (4) aircraft when used in flight operations related to design 
    and testing, the manufacture, preparation, and delivery of the 
    aircraft, or the aerial application of a substance for an 
    agricultural purpose;
        (5) aircraft holding certificates from the Administrator of the 
    Federal Aviation Administration for research and development;
        (6) aircraft when used for showing compliance with regulations, 
    crew training, exhibition, air racing, or market surveys; and
        (7) aircraft equipped to carry only one individual.
    (c) Removal.--The Administrator shall prescribe regulations 
specifying the conditions under which an aircraft subject to subsection 
(a) of this section may operate when its emergency locator transmitter 
has been removed for inspection, repair, alteration, or replacement.

Sec. 44713. Inspection and maintenance

    (a) General Equipment Requirements.--An air carrier shall make, or 
cause to be made, any inspection, repair, or maintenance of equipment 
used in air transportation as required by this part or regulations 
prescribed or orders issued by the Administrator of the Federal 
Aviation Administration under this part. A person operating, 
inspecting, repairing, or maintaining the equipment shall comply with 
those requirements, regulations, and orders.
    (b) Duties of Inspectors.--The Administrator of the Federal 
Aviation Administration shall employ inspectors who shall--
        (1) inspect aircraft, aircraft engines, propellers, and 
    appliances designed for use in air transportation, during 
    manufacture and when in use by an air carrier in air 
    transportation, to enable the Administrator to decide whether the 
    aircraft, aircraft engines, propellers, or appliances are in safe 
    condition and maintained properly; and
        (2) advise and cooperate with the air carrier during that 
    inspection and maintenance.
    (c) Unsafe Aircraft, Engines, Propellers, and Appliances.--When an 
inspector decides that an aircraft, aircraft engine, propeller, or 
appliance is not in condition for safe operation, the inspector shall 
notify the air carrier in the form and way prescribed by the 
Administrator of the Federal Aviation Administration. For 5 days after 
the carrier is notified, the aircraft, engine, propeller, or appliance 
may not be used in air transportation or in a way that endangers air 
transportation unless the Administrator or the inspector decides the 
aircraft, engine, propeller, or appliance is in condition for safe 
operation.
    (d) Modifications in System.--(1) The Administrator of the Federal 
Aviation Administration shall make modifications in the system for 
processing forms for major repairs or alterations to fuel tanks and 
fuel systems of aircraft not used to provide air transportation that 
are necessary to make the system more effective in serving the needs of 
users of the system, including officials responsible for enforcing laws 
related to the regulation of controlled substances (as defined in 
section 102 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802)). The modifications shall address at least each 
of the following deficiencies in, and abuses of, the existing system:
        (A) the lack of a special identification feature to allow the 
    forms to be distinguished easily from other major repair and 
    alteration forms.
        (B) the excessive period of time required to receive the forms 
    at the Airmen and Aircraft Registry of the Administration.
        (C) the backlog of forms waiting for processing at the 
    Registry.
        (D) the lack of ready access by law enforcement officials to 
    information contained on the forms.
    (2) The Administrator of the Federal Aviation Administration shall 
prescribe regulations to carry out paragraph (1) of this subsection and 
provide a written explanation of how the regulations address each of 
the deficiencies and abuses described in paragraph (1). In prescribing 
the regulations, the Administrator of the Federal Aviation 
Administration shall consult with the Administrator of Drug 
Enforcement, the Commissioner of Customs, other law enforcement 
officials of the United States Government, representatives of State and 
local law enforcement officials, representatives of the general 
aviation aircraft industry, representatives of users of general 
aviation aircraft, and other interested persons.

Sec. 44714. Aviation fuel standards

    The Administrator of the Federal Aviation Administration shall 
prescribe--
        (1) standards for the composition or chemical or physical 
    properties of an aircraft fuel or fuel additive to control or 
    eliminate aircraft emissions the Administrator of the Environmental 
    Protection Agency decides under section 231 of the Clean Air Act 
    (42 U.S.C. 7571) endanger the public health or welfare; and
        (2) regulations providing for carrying out and enforcing those 
    standards.

Sec. 44715. Controlling aircraft noise and sonic boom

    (a) Standards and Regulations.--(1) To relieve and protect the 
public health and welfare from aircraft noise and sonic boom, the 
Administrator of the Federal Aviation Administration shall prescribe--
        (A) standards to measure aircraft noise and sonic boom; and
        (B) regulations to control and abate aircraft noise and sonic 
    boom.
    (2) The Administrator of the Federal Aviation Administration may 
prescribe standards and regulations under this subsection only after 
consulting with the Administrator of the Environmental Protection 
Agency. The standards and regulations shall be applied when issuing, 
amending, modifying, suspending, or revoking a certificate authorized 
under this chapter.
    (3) An original type certificate may be issued under section 
44704(a) of this title for an aircraft for which substantial noise 
abatement can be achieved only after the Administrator of the Federal 
Aviation Administration prescribes standards and regulations under this 
section that apply to that aircraft.
    (b) Considerations and Consultation.--When prescribing a standard 
or regulation under this section, the Administrator of the Federal 
Aviation Administration shall--
        (1) consider relevant information related to aircraft noise and 
    sonic boom;
        (2) consult with appropriate departments, agencies, and 
    instrumentalities of the United States Government and State and 
    interstate authorities;
        (3) consider whether the standard or regulation is consistent 
    with the highest degree of safety in air transportation or air 
    commerce in the public interest;
        (4) consider whether the standard or regulation is economically 
    reasonable, technologically practicable, and appropriate for the 
    applicable aircraft, aircraft engine, appliance, or certificate; 
    and
        (5) consider the extent to which the standard or regulation 
    will carry out the purposes of this section.
    (c) Proposed Regulations of Administrator of Environmental 
Protection Agency.--The Administrator of the Environmental Protection 
Agency shall submit to the Administrator of the Federal Aviation 
Administration proposed regulations to control and abate aircraft noise 
and sonic boom (including control and abatement through the use of the 
authority of the Administrator of the Federal Aviation Administration) 
that the Administrator of the Environmental Protection Agency considers 
necessary to protect the public health and welfare. The Administrator 
of the Federal Aviation Administration shall consider those proposed 
regulations and shall publish them in a notice of proposed regulations 
not later than 30 days after they are received. Not later than 60 days 
after publication, the Administrator of the Federal Aviation 
Administration shall begin a hearing at which interested persons are 
given an opportunity for oral and written presentations. Not later than 
90 days after the hearing is completed and after consulting with the 
Administrator of the Environmental Protection Agency, the Administrator 
of the Federal Aviation Administration shall--
        (1) prescribe regulations as provided by this section--
            (A) substantially the same as the proposed regulations 
        submitted by the Administrator of the Environmental Protection 
        Agency; or
            (B) that amend the proposed regulations; or
        (2) publish in the Federal Register--
            (A) a notice that no regulation is being prescribed in 
        response to the proposed regulations of the Administrator of 
        the Environmental Protection Agency;
            (B) a detailed analysis of, and response to, all 
        information the Administrator of the Environmental Protection 
        Agency submitted with the proposed regulations; and
            (C) a detailed explanation of why no regulation is being 
        prescribed.
    (d) Consultation and Reports.--(1) If the Administrator of the 
Environmental Protection Agency believes that the action of the 
Administrator of the Federal Aviation Administration under subsection 
(c)(1)(B) or (2) of this section does not protect the public health and 
welfare from aircraft noise or sonic boom, consistent with the 
considerations in subsection (b) of this section, the Administrator of 
the Environmental Protection Agency shall consult with the 
Administrator of the Federal Aviation Administration and may request a 
report on the advisability of prescribing the regulation as originally 
proposed. The request, including a detailed statement of the 
information on which the request is based, shall be published in the 
Federal Register.
    (2) The Administrator of the Federal Aviation Administration shall 
report to the Administrator of the Environmental Protection Agency 
within the time, if any, specified in the request. However, the time 
specified must be at least 90 days after the date of the request. The 
report shall--
        (A) be accompanied by a detailed statement of the findings of 
    the Administrator of the Federal Aviation Administration and the 
    reasons for the findings;
        (B) identify any statement related to an action under 
    subsection (c) of this section filed under section 102(2)(C) of the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));
        (C) specify whether and where that statement is available for 
    public inspection; and
        (D) be published in the Federal Register unless the request 
    proposes specific action by the Administrator of the Federal 
    Aviation Administration and the report indicates that action will 
    be taken.
    (e) Supplemental Reports.--The Administrator of the Environmental 
Protection Agency may request the Administrator of the Federal Aviation 
Administration to file a supplemental report if the report under 
subsection (d) of this section indicates that the proposed regulations 
under subsection (c) of this section, for which a statement under 
section 102(2)(C) of the Act (42 U.S.C. 4332(2)(C)) is not required, 
should not be prescribed. The supplemental report shall be published in 
the Federal Register within the time the Administrator of the 
Environmental Protection Agency specifies. However, the time specified 
must be at least 90 days after the date of the request. The 
supplemental report shall contain a comparison of the environmental 
effects, including those that cannot be avoided, of the action of the 
Administrator of the Federal Aviation Administration and the proposed 
regulations of the Administrator of the Environmental Protection 
Agency.
    (f) Exemptions.--An exemption from a standard or regulation 
prescribed under this section may be granted only if, before granting 
the exemption, the Administrator of the Federal Aviation Administration 
consults with the Administrator of the Environmental Protection Agency. 
However, if the Administrator of the Federal Aviation Administration 
finds that safety in air transportation or air commerce requires an 
exemption before the Administrator of the Environmental Protection 
Agency can be consulted, the exemption may be granted. The 
Administrator of the Federal Aviation Administration shall consult with 
the Administrator of the Environmental Protection Agency as soon as 
practicable after the exemption is granted.

Sec. 44716. Collision avoidance systems

    (a) Development and Certification.--The Administrator of the 
Federal Aviation Administration shall--
        (1) complete the development of the collision avoidance system 
    known as TCAS-II so that TCAS-II can operate under visual and 
    instrument flight rules and can be upgraded to the performance 
    standards applicable to the collision avoidance system known as 
    TCAS-III;
        (2) develop and carry out a schedule for developing and 
    certifying TCAS-II that will result in certification not later than 
    June 30, 1989; and
        (3) submit to Congress monthly reports on the progress being 
    made in developing and certifying TCAS-II.
    (b) Installation and Operation.--The Administrator shall require by 
regulation that, not later than 30 months after the date certification 
is made under subsection (a)(2) of this section, TCAS-II be installed 
and operated on each civil aircraft that has a maximum passenger 
capacity of at least 31 seats and is used to provide air transportation 
of passengers, including intrastate air transportation of passengers. 
The Administrator may extend the deadline in this subsection for not 
more than 2 years if the Administrator finds the extension is necessary 
to promote--
        (1) a safe and orderly transition to the operation of a fleet 
    of civil aircraft described in this subsection equipped with TCAS-
    II; or
        (2) other safety objectives.
    (c) Operational Evaluation.--Not later than December 30, 1990, the 
Administrator shall establish a one-year program to collect and assess 
safety and operational information from civil aircraft equipped with 
TCAS-II for the operational evaluation of TCAS-II. The Administrator 
shall encourage foreign air carriers that operate civil aircraft 
equipped with TCAS-II to participate in the program.
    (d) Amending Schedule for Windshear Equipment.--The Administrator 
shall consider the feasibility and desirability of amending the 
schedule for installing airborne low-altitude windshear equipment to 
make the schedule compatible with the schedule for installing TCAS-II.
    (e) Deadline for Development and Certification.--(1) The 
Administrator shall complete developing and certifying TCAS-III as soon 
as possible.
    (2) Necessary amounts may be appropriated from the Airport and 
Airway Trust Fund established under section 9502 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.
    (f) Installing and Using Transponders.--The Administrator shall 
prescribe regulations requiring that, not later than December 30, 1990, 
operating transponders with automatic altitude reporting capability be 
installed and used for aircraft operating in designated terminal 
airspace where radar service is provided for separation of aircraft. 
The Administrator may provide for access to that airspace (except 
terminal control areas and airport radar service areas) by nonequipped 
aircraft if the Administrator finds the access will not interfere with 
the normal traffic flow.

Sec. 44717. Aging aircraft

    (a) Inspections and Reviews.--The Administrator of the Federal 
Aviation Administration shall prescribe regulations that ensure the 
continuing airworthiness of aging aircraft. The regulations prescribed 
under subsection (a) of this section--
        (1) at least shall require the Administrator to make 
    inspections, and review the maintenance and other records, of each 
    aircraft an air carrier uses to provide air transportation that the 
    Administrator decides may be necessary to enable the Administrator 
    to decide whether the aircraft is in safe condition and maintained 
    properly for operation in air transportation;
        (2) at least shall require an air carrier to demonstrate to the 
    Administrator, as part of the inspection, that maintenance of the 
    aircraft's age-sensitive parts and components has been adequate and 
    timely enough to ensure the highest degree of safety;
        (3) shall require the air carrier to make available to the 
    Administrator the aircraft and any records about the aircraft that 
    the Administrator requires to carry out a review; and
        (4) shall establish procedures to be followed in carrying out 
    an inspection.
    (b) When and How Inspections and Reviews Shall Be Carried Out.--(1) 
Inspections and reviews required under subsection (a)(1) of this 
section shall be carried out as part of each heavy maintenance check of 
the aircraft conducted after the 14th year in which the aircraft has 
been in service.
    (2) Inspections under subsection (a)(1) of this section shall be 
carried out as provided under section 44701(a)(2)(B) and (C) of this 
title.
    (c) Aircraft Maintenance Safety Programs.--The Administrator shall 
establish--
        (1) a program to verify that air carriers are maintaining their 
    aircraft according to maintenance programs approved by the 
    Administrator;
        (2) a program--
            (A) to provide inspectors and engineers of the 
        Administration with training necessary to conduct auditing 
        inspections of aircraft operated by air carriers for corrosion 
        and metal fatigue; and
            (B) to enhance participation of those inspectors and 
        engineers in those inspections; and
        (3) a program to ensure that air carriers demonstrate to the 
    Administrator their commitment and technical competence to ensure 
    the airworthiness of aircraft that the carriers operate.
    (d) Foreign Air Transportation.--(1) The Administrator shall take 
all possible steps to encourage governments of foreign countries and 
relevant international organizations to develop standards and 
requirements for inspections and reviews that--
        (A) will ensure the continuing airworthiness of aging aircraft 
    used by foreign air carriers to provide foreign air transportation 
    to and from the United States; and
        (B) will provide passengers of those foreign air carriers with 
    the same level of safety that will be provided passengers of air 
    carriers by carrying out this section.
    (2) Not later than September 30, 1994, the Administrator shall 
report to Congress on carrying out this subsection.

Sec. 44718. Structures interfering with air commerce

    (a) Notice.--By regulation or by order when necessary, the 
Secretary of Transportation shall require a person to give adequate 
public notice, in the form and way the Secretary prescribes, of the 
construction, alteration, establishment, or expansion, or the proposed 
construction, alteration, establishment, or expansion, of a structure 
or sanitary landfill when the notice will promote--
        (1) safety in air commerce; and
        (2) the efficient use and preservation of the navigable 
    airspace and of airport traffic capacity at public-use airports.
    (b) Studies.--(1) Under regulations prescribed by the Secretary, if 
the Secretary decides that constructing or altering a structure may 
result in an obstruction of the navigable airspace or an interference 
with air navigation facilities and equipment or the navigable airspace, 
the Secretary shall conduct an aeronautical study to decide the extent 
of any adverse impact on the safe and efficient use of the airspace, 
facilities, or equipment. In conducting the study, the Secretary shall 
consider factors relevant to the efficient and effective use of the 
navigable airspace, including--
        (A) the impact on arrival, departure, and en route procedures 
    for aircraft operating under visual flight rules;
        (B) the impact on arrival, departure, and en route procedures 
    for aircraft operating under instrument flight rules;
        (C) the impact on existing public-use airports and aeronautical 
    facilities;
        (D) the impact on planned public-use airports and aeronautical 
    facilities; and
        (E) the cumulative impact resulting from the proposed 
    construction or alteration of a structure when combined with the 
    impact of other existing or proposed structures.
    (2) On completing the study, the Secretary shall issue a report 
disclosing completely the extent of the adverse impact on the safe and 
efficient use of the navigable airspace that the Secretary finds will 
result from constructing or altering the structure.
    (c) Broadcast Applications and Tower Studies.--In carrying out laws 
related to a broadcast application and conducting an aeronautical study 
related to broadcast towers, the Administrator of the Federal Aviation 
Administration and the Federal Communications Commission shall take 
action necessary to coordinate efficiently--
        (1) the receipt and consideration of, and action on, the 
    application; and
        (2) the completion of any associated aeronautical study.

Sec. 44719. Standards for navigational aids

    The Secretary of Transportation shall prescribe regulations on 
standards for installing navigational aids, including airport control 
towers. For each type of facility, the regulations shall consider at a 
minimum traffic density (number of aircraft operations without 
consideration of aircraft size), terrain and other obstacles to 
navigation, weather characteristics, passengers served, and potential 
aircraft operating efficiencies.

Sec. 44720. Meteorological services

    (a) Recommendations.--The Administrator of the Federal Aviation 
Administration shall make recommendations to the Secretary of Commerce 
on providing meteorological services necessary for the safe and 
efficient movement of aircraft in air commerce. In providing the 
services, the Secretary shall cooperate with the Administrator and give 
complete consideration to those recommendations.
    (b) Promoting Safety and Efficiency.--To promote safety and 
efficiency in air navigation to the highest possible degree, the 
Secretary shall--
        (1) observe, measure, investigate, and study atmospheric 
    phenomena, and maintain meteorological stations and offices, that 
    are necessary or best suited for finding out in advance information 
    about probable weather conditions;
        (2) provide reports to the Administrator to persons engaged in 
    civil aeronautics that are designated by the Administrator and to 
    other persons designated by the Secretary in a way and with a 
    frequency that best will result in safety in, and facilitating, air 
    navigation;
        (3) cooperate with persons engaged in air commerce in 
    meteorological services, maintain reciprocal arrangements with 
    those persons in carrying out this clause, and collect and 
    distribute weather reports available from aircraft in flight;
        (4) maintain and coordinate international exchanges of 
    meteorological information required for the safety and efficiency 
    of air navigation;
        (5) in cooperation with other departments, agencies, and 
    instrumentalities of the United States Government, meteorological 
    services of foreign countries, and persons engaged in air commerce, 
    participate in developing an international basic meteorological 
    reporting network, including the establishment, operation, and 
    maintenance of reporting stations on the high seas, in polar 
    regions, and in foreign countries;
        (6) coordinate meteorological requirements in the United States 
    to maintain standard observations, to promote efficient use of 
    facilities, and to avoid duplication of services unless the 
    duplication tends to promote the safety and efficiency of air 
    navigation; and
        (7) promote and develop meteorological science and foster and 
    support research projects in meteorology through the use of private 
    and governmental research facilities and provide for publishing the 
    results of the projects unless publication would not be in the 
    public interest.

Sec. 44721. Aeronautical maps and charts

    (a) Publication.--(1) The Administrator of the Federal Aviation 
Administration may arrange for the publication of aeronautical maps and 
charts necessary for the safe and efficient movement of aircraft in air 
navigation, using the facilities and assistance of departments, 
agencies, and instrumentalities of the United States Government as far 
as practicable.
    (2) In carrying out paragraph (1) of this subsection, the 
Administrator shall update and arrange for the publication of clearly 
defined routes for navigating through a complex terminal airspace area 
and to and from an airport located in such an area, if the 
Administrator decides that publication of the routes would promote 
safety in air navigation. The routes shall be developed in consultation 
with pilots and other users of affected airports and shall be for the 
optional use of pilots operating under visual flight rules.
    (b) Indemnification.--The Government shall make an agreement to 
indemnify any person that publishes a map or chart for use in 
aeronautics from any part of a claim arising out of the depiction by 
the person on the map or chart of a defective or deficient flight 
procedure or airway if the flight procedure or airway was--
        (1) prescribed by the Administrator;
        (2) depicted accurately on the map or chart; and
        (3) not obviously defective or deficient.

Sec. 44722. Aircraft operations in winter conditions

    The Administrator of the Federal Aviation Administration shall 
prescribe regulations requiring procedures to improve safety of 
aircraft operations during winter conditions. In deciding on the 
procedures to be required, the Administrator shall consider at least 
aircraft and air traffic control modifications, the availability of 
different types of deicing fluids (considering their efficacy and 
environmental limitations), the types of deicing equipment available, 
and the feasibility and desirability of establishing timeframes within 
which deicing must occur under certain types of inclement weather.

Sec. 44723. Annual report

    Not later than January 1 of each year, the Secretary of 
Transportation shall submit to Congress a comprehensive report on the 
safety enforcement activities of the Federal Aviation Administration 
during the fiscal year ending the prior September 30th. The report 
shall include--
        (1) a comparison of end-of-year staffing levels by operations, 
    maintenance, and avionics inspector categories to staffing goals 
    and a statement on how staffing standards were applied to make 
    allocations between air carrier and general aviation operations, 
    maintenance, and avionics inspectors;
        (2) schedules showing the range of inspector experience by 
    various inspector work force categories, and the number of 
    inspectors in each of the categories who are considered fully 
    qualified;
        (3) schedules showing the number and percentage of inspectors 
    who have received mandatory training by individual course, and the 
    number of inspectors by work force categories, who have received 
    all mandatory training;
        (4) a description of the criteria used to set annual work 
    programs, an explanation of how these criteria differ from criteria 
    used in the prior fiscal year and how the annual work programs 
    ensure compliance with appropriate regulations and safe operating 
    practices;
        (5) a comparison of actual inspections performed during the 
    fiscal year to the annual work programs by field location and, for 
    any field location completing less than 80 percent of its planned 
    number of inspections, an explanation of why annual work program 
    plans were not met;
        (6) a statement of the adequacy of Administration internal 
    management controls available to ensure that field managers comply 
    with Administration policies and procedures, including those on 
    inspector priorities, district office coordination, minimum 
    inspection standards, and inspection followup;
        (7) the status of efforts made by the Administration to update 
    inspector guidance documents and regulations to include 
    technological, management, and structural changes taking place in 
    the aviation industry, including a listing of the backlog of all 
    proposed regulatory amendments;
        (8) a list of the specific operational measures of 
    effectiveness used to evaluate--
            (A) the progress in meeting program objectives;
            (B) the quality of program delivery; and
            (C) the nature of emerging safety problems;
        (9) a schedule showing the number of civil penalty cases closed 
    during the 2 prior fiscal years, including the total initial and 
    final penalties imposed, the total number of dollars collected, the 
    range of dollar amounts collected, the average case processing 
    time, and the range of case processing time;
        (10) a schedule showing the number of enforcement actions taken 
    (except civil penalties) during the 2 prior fiscal years, including 
    the total number of violations cited, and the number of cited 
    violation cases closed by certificate suspensions, certificate 
    revocations, warnings, and no action taken; and
        (11) schedules showing the safety record of the aviation 
    industry during the fiscal year for air carriers and general 
    aviation, including--
            (A) the number of inspections performed when deficiencies 
        were identified compared with inspections when no deficiencies 
        were found;
            (B) the frequency of safety deficiencies for each air 
        carrier; and
            (C) an analysis based on data of the general status of air 
        carrier and general aviation compliance with aviation 
        regulations.

                         CHAPTER 449--SECURITY

                       SUBCHAPTER I--REQUIREMENTS

Sec.
44901.  Screening passengers and property.
44902.  Refusal to transport passengers and property.
44903.  Air transportation security.
44904.  Domestic air transportation system security.
44905.  Information about threats to civil aviation.
44906.  Foreign air carrier security programs.
44907.  Security standards at foreign airports.
44908.  Travel advisory and suspension of foreign assistance.
44909.  Passenger manifests.
44910.  Agreements on aircraft sabotage, aircraft hijacking, and airport 
          security.
44911.  Intelligence.
44912.  Research and development.
44913.  Explosive detection.
44914.  Airport construction guidelines.
44915.  Exemptions.

               SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

44931.  Director of Intelligence and Security.
44932.  Assistant Administrator for Civil Aviation Security.
44933.  Federal Security Managers.
44934.  Foreign Security Liaison Officers.
44935.  Employment standards and training.
44936.  Employment investigations and restrictions.
44937.  Prohibition on transferring duties and powers.
44938.  Reports.

                       SUBCHAPTER I--REQUIREMENTS

Sec. 44901. Screening passengers and property

    (a) General Requirements.--The Administrator of the Federal 
Aviation Administration shall prescribe regulations requiring screening 
of all passengers and property that will be carried in a cabin of an 
aircraft in air transportation or intrastate air transportation. The 
screening must take place before boarding and be carried out by a 
weapon-detecting facility or procedure used or operated by an employee 
or agent of an air carrier, intrastate air carrier, or foreign air 
carrier.
    (b) Amending Regulations.--Notwithstanding subsection (a) of this 
section, the Administrator may amend a regulation prescribed under 
subsection (a) to require screening only to ensure security against 
criminal violence and aircraft piracy in air transportation and 
intrastate air transportation.
    (c) Exemptions and Advising Congress on Regulations.--The 
Administrator--
        (1) may exempt from this section air transportation operations, 
    except scheduled passenger operations of an air carrier providing 
    air transportation under a certificate issued under section 41102 
    of this title or a permit issued under section 41302 of this title; 
    and
        (2) shall advise Congress of a regulation to be prescribed 
    under this section at least 30 days before the effective date of 
    the regulation, unless the Administrator decides an emergency 
    exists requiring the regulation to become effective in fewer than 
    30 days and notifies Congress of that decision.

Sec. 44902. Refusal to transport passengers and property

    (a) Mandatory Refusal.--The Administrator of the Federal Aviation 
Administration shall prescribe regulations requiring an air carrier, 
intrastate air carrier, or foreign air carrier to refuse to transport--
        (1) a passenger who does not consent to a search under section 
    44901(a) of this title establishing whether the passenger is 
    carrying unlawfully a dangerous weapon, explosive, or other 
    destructive substance; or
        (2) property of a passenger who does not consent to a search of 
    the property establishing whether the property unlawfully contains 
    a dangerous weapon, explosive, or other destructive substance.
    (b) Permissive Refusal.--Subject to regulations of the 
Administrator, an air carrier, intrastate air carrier, or foreign air 
carrier may refuse to transport a passenger or property the carrier 
decides is, or might be, inimical to safety.
    (c) Agreeing to Consent to Search.--An agreement to carry 
passengers or property in air transportation or intrastate air 
transportation by an air carrier, intrastate air carrier, or foreign 
air carrier is deemed to include an agreement that the passenger or 
property will not be carried if consent to search the passenger or 
property for a purpose referred to in this section is not given.

Sec. 44903. Air transportation security

    (a) Definition.--In this section, ``law enforcement personnel'' 
means individuals--
        (1) authorized to carry and use firearms;
        (2) vested with the degree of the police power of arrest the 
    Administrator of the Federal Aviation Administration considers 
    necessary to carry out this section; and
        (3) identifiable by appropriate indicia of authority.
    (b) Protection Against Violence and Piracy.--The Administrator 
shall prescribe regulations to protect passengers and property on an 
aircraft operating in air transportation or intrastate air 
transportation against an act of criminal violence or aircraft piracy. 
When prescribing a regulation under this subsection, the Administrator 
shall--
        (1) consult with the Secretary of Transportation, the Attorney 
    General, the heads of other departments, agencies, and 
    instrumentalities of the United States Government, and State and 
    local authorities;
        (2) consider whether a proposed regulation is consistent with--
            (A) protecting passengers; and
            (B) the public interest in promoting air transportation and 
        intrastate air transportation;
        (3) to the maximum extent practicable, require a uniform 
    procedure for searching and detaining passengers and property to 
    ensure--
            (A) their safety; and
            (B) courteous and efficient treatment by an air carrier, an 
        agent or employee of an air carrier, and Government, State, and 
        local law enforcement personnel carrying out this section; and
        (4) consider the extent to which a proposed regulation will 
    carry out this section.
    (c) Security Programs.--(1) The Administrator shall prescribe 
regulations under subsection (b) of this section that require each 
operator of an airport regularly serving an air carrier holding a 
certificate issued by the Secretary of Transportation to establish an 
air transportation security program that provides a law enforcement 
presence and capability at each of those airports that is adequate to 
ensure the safety of passengers. The regulations shall authorize the 
operator to use the services of qualified State, local, and private law 
enforcement personnel. When the Administrator decides, after being 
notified by an operator in the form the Administrator prescribes, that 
not enough qualified State, local, and private law enforcement 
personnel are available to carry out subsection (b), the Administrator 
may authorize the operator to use, on a reimbursable basis, personnel 
employed by the Administrator, or by another department, agency, or 
instrumentality of the Government with the consent of the head of the 
department, agency, or instrumentality, to supplement State, local, and 
private law enforcement personnel. When deciding whether additional 
personnel are needed, the Administrator shall consider the number of 
passengers boarded at the airport, the extent of anticipated risk of 
criminal violence or aircraft piracy at the airport or to the air 
carrier aircraft operations at the airport, and the availability of 
qualified State or local law enforcement personnel at the airport.
    (2)(A) The Administrator may approve a security program of an 
airport operator, or an amendment in an existing program, that 
incorporates a security program of an airport tenant (except an air 
carrier separately complying with part 108 or 129 of title 14, Code of 
Federal Regulations) having access to a secured area of the airport, if 
the program or amendment incorporates--
        (i) the measures the tenant will use, within the tenant's 
    leased areas or areas designated for the tenant's exclusive use 
    under an agreement with the airport operator, to carry out the 
    security requirements imposed by the Administrator on the airport 
    operator under the access control system requirements of section 
    107.14 of title 14, Code of Federal Regulations, or under other 
    requirements of part 107 of title 14; and
        (ii) the methods the airport operator will use to monitor and 
    audit the tenant's compliance with the security requirements and 
    provides that the tenant will be required to pay monetary penalties 
    to the airport operator if the tenant fails to carry out a security 
    requirement under a contractual provision or requirement imposed by 
    the airport operator.
    (B) If the Administrator approves a program or amendment described 
in subparagraph (A) of this paragraph, the airport operator may not be 
found to be in violation of a requirement of this subsection or 
subsection (b) of this section when the airport operator demonstrates 
that the tenant or an employee, permittee, or invitee of the tenant is 
responsible for the violation and that the airport operator has 
complied with all measures in its security program for securing 
compliance with its security program by the tenant.
    (d) Authorizing Individuals To Carry Firearms and Make Arrests.--
With the approval of the Attorney General and the Secretary of State, 
the Secretary of Transportation may authorize an individual who carries 
out air transportation security duties--
        (1) to carry firearms; and
        (2) to make arrests without warrant for an offense against the 
    United States committed in the presence of the individual or for a 
    felony under the laws of the United States, if the individual 
    reasonably believes the individual to be arrested has committed or 
    is committing a felony.
    (e) Exclusive Responsibility Over Passenger Safety.--The 
Administrator has the exclusive responsibility to direct law 
enforcement activity related to the safety of passengers on an aircraft 
involved in an offense under section 46502 of this title from the 
moment all external doors of the aircraft are closed following boarding 
until those doors are opened to allow passengers to leave the aircraft. 
When requested by the Administrator, other departments, agencies, and 
instrumentalities of the Government shall provide assistance necessary 
to carry out this subsection.

Sec. 44904. Domestic air transportation system security

    (a) Assessing Threats.--The Administrator of the Federal Aviation 
Administration and the Director of the Federal Bureau of Investigation 
jointly shall assess current and potential threats to the domestic air 
transportation system. The assessment shall include consideration of 
the extent to which there are individuals with the capability and 
intent to carry out terrorist or related unlawful acts against that 
system and the ways in which those individuals might carry out those 
acts. The Administrator and the Director jointly shall decide on and 
carry out the most effective method for continuous analysis and 
monitoring of security threats to that system.
    (b) Assessing Security.--In coordination with the Director, the 
Administrator shall carry out periodic threat and vulnerability 
assessments on security at each airport that is part of the domestic 
air transportation system. Each assessment shall include consideration 
of--
        (1) the adequacy of security procedures related to the handling 
    and transportation of checked baggage and cargo;
        (2) space requirements for security personnel and equipment;
        (3) separation of screened and unscreened passengers, baggage, 
    and cargo;
        (4) separation of the controlled and uncontrolled areas of 
    airport facilities; and
        (5) coordination of the activities of security personnel of the 
    Administration, the United States Customs Service, the Immigration 
    and Naturalization Service, and air carriers, and of other law 
    enforcement personnel.
    (c) Improving Security.--The Administrator shall take necessary 
actions to improve domestic air transportation security by correcting 
any deficiencies in that security discovered in the assessments, 
analyses, and monitoring carried out under this section.

Sec. 44905. Information about threats to civil aviation

    (a) Providing Information.--Under guidelines the Secretary of 
Transportation prescribes, an air carrier, airport operator, ticket 
agent, or individual employed by an air carrier, airport operator, or 
ticket agent, receiving information (except a communication directed by 
the United States Government) about a threat to civil aviation shall 
provide the information promptly to the Secretary.
    (b) Flight Cancellation.--If a decision is made that a particular 
threat cannot be addressed in a way adequate to ensure, to the extent 
feasible, the safety of passengers and crew of a particular flight or 
series of flights, the Administrator of the Federal Aviation 
Administration shall cancel the flight or series of flights.
    (c) Guidelines on Public Notice.--(1) The President shall develop 
guidelines for ensuring that public notice is provided in appropriate 
cases about threats to civil aviation. The guidelines shall identify 
officials responsible for--
        (A) deciding, on a case-by-case basis, if public notice of a 
    threat is in the best interest of the United States and the 
    traveling public;
        (B) ensuring that public notice is provided in a timely and 
    effective way, including the use of a toll-free telephone number; 
    and
        (C) canceling the departure of a flight or series of flights 
    under subsection (b) of this section.
    (2) The guidelines shall provide for consideration of--
        (A) the specificity of the threat;
        (B) the credibility of intelligence information related to the 
    threat;
        (C) the ability to counter the threat effectively;
        (D) the protection of intelligence information sources and 
    methods;
        (E) cancellation, by an air carrier or the Administrator, of a 
    flight or series of flights instead of public notice;
        (F) the ability of passengers and crew to take steps to reduce 
    the risk to their safety after receiving public notice of a threat; 
    and
        (G) other factors the Administrator considers appropriate.
    (d) Guidelines on Notice to Crews.--The Administrator shall develop 
guidelines for ensuring that notice in appropriate cases of threats to 
the security of an air carrier flight is provided to the flight crew 
and cabin crew of that flight.
    (e) Limitation on Notice to Selective Travelers.--Notice of a 
threat to civil aviation may be provided to selective potential 
travelers only if the threat applies only to those travelers.
    (f) Restricting Access to Information.--In cooperation with the 
departments, agencies, and instrumentalities of the Government that 
collect, receive, and analyze intelligence information related to 
aviation security, the Administrator shall develop procedures to 
minimize the number of individuals who have access to information about 
threats. However, a restriction on access to that information may be 
imposed only if the restriction does not diminish the ability of the 
Government to carry out its duties and powers related to aviation 
security effectively, including providing notice to the public and 
flight and cabin crews under this section.
    (g) Distribution of Guidelines.--The guidelines developed under 
this section shall be distributed for use by appropriate officials of 
the Department of Transportation, the Department of State, the 
Department of Justice, and air carriers.

Sec. 44906. Foreign air carrier security programs

    The Administrator of the Federal Aviation Administration shall 
continue in effect the requirement of section 129.25 of title 14, Code 
of Federal Regulations, that a foreign air carrier must adopt and use a 
security program approved by the Administrator. The Administrator may 
approve a security program of a foreign air carrier under section 
129.25 only if the Administrator decides the security program provides 
passengers of the foreign air carrier a level of protection similar to 
the level those passengers would receive under the security programs of 
air carriers serving the same airport. The Administrator shall require 
a foreign air carrier to use procedures equivalent to those required of 
air carriers serving the same airport if the Administrator decides that 
the procedures are necessary to provide a level of protection similar 
to that provided passengers of the air carriers serving the same 
airport. The Administrator shall prescribe regulations to carry out 
this section.

Sec. 44907. Security standards at foreign airports

    (a) Assessment.--(1) At intervals the Secretary of Transportation 
considers necessary, the Secretary shall assess the effectiveness of 
the security measures maintained at--
        (A) a foreign airport--
            (i) served by an air carrier;
            (ii) from which a foreign air carrier serves the United 
        States; or
            (iii) that poses a high risk of introducing danger to 
        international air travel; and
        (B) other foreign airports the Secretary considers appropriate.
    (2) The Secretary of Transportation shall conduct an assessment 
under paragraph (1) of this subsection--
        (A) in consultation with appropriate aeronautic authorities of 
    the government of a foreign country concerned and each air carrier 
    serving the foreign airport for which the Secretary is conducting 
    the assessment;
        (B) to establish the extent to which a foreign airport 
    effectively maintains and carries out security measures; and
        (C) by using a standard that will result in an analysis of the 
    security measures at the airport based at least on the standards 
    and appropriate recommended practices contained in Annex 17 to the 
    Convention on International Civil Aviation in effect on the date of 
    the assessment.
    (3) Each report to Congress required under section 44938(b) of this 
title shall contain a summary of the assessments conducted under this 
subsection.
    (b) Consultation.--In carrying out subsection (a) of this section, 
the Secretary of Transportation shall consult with the Secretary of 
State--
        (1) on the terrorist threat that exists in each country; and
        (2) to establish which foreign airports are not under the de 
    facto control of the government of the foreign country in which 
    they are located and pose a high risk of introducing danger to 
    international air travel.
    (c) Notifying Foreign Authorities.--When the Secretary of 
Transportation, after conducting an assessment under subsection (a) of 
this section, decides that an airport does not maintain and carry out 
effective security measures, the Secretary of Transportation, after 
advising the Secretary of State, shall notify the appropriate 
authorities of the government of the foreign country of the decision 
and recommend the steps necessary to bring the security measures in use 
at the airport up to the standard used by the Secretary of 
Transportation in making the assessment.
    (d) Actions When Airports Not Maintaining and Carrying Out 
Effective Security Measures.--(1) When the Secretary of Transportation 
decides under this section that an airport does not maintain and carry 
out effective security measures--
        (A) the Secretary of Transportation shall--
            (i) publish the identity of the airport in the Federal 
        Register;
            (ii) have the identity of the airport posted and displayed 
        prominently at all United States airports at which scheduled 
        air carrier operations are provided regularly; and
            (iii) notify the news media of the identity of the airport;
        (B) each air carrier and foreign air carrier providing 
    transportation between the United States and the airport shall 
    provide written notice of the decision, on or with the ticket, to 
    each passenger buying a ticket for transportation between the 
    United States and the airport;
        (C) notwithstanding section 40105(b) of this title, the 
    Secretary of Transportation, after consulting with the appropriate 
    aeronautic authorities of the foreign country concerned and each 
    air carrier serving the airport and with the approval of the 
    Secretary of State, may withhold, revoke, or prescribe conditions 
    on the operating authority of an air carrier or foreign air carrier 
    that uses that airport to provide foreign air transportation; and
        (D) the President may prohibit an air carrier or foreign air 
    carrier from providing transportation between the United States and 
    any other foreign airport that is served by aircraft flying to or 
    from the airport with respect to which a decision is made under 
    this section.
    (2)(A) Paragraph (1) of this subsection becomes effective--
        (i) 90 days after the government of a foreign country is 
    notified under subsection (c) of this section if the Secretary of 
    Transportation finds that the government has not brought the 
    security measures at the airport up to the standard the Secretary 
    used in making an assessment under subsection (a) of this section; 
    or
        (ii) immediately on the decision of the Secretary of 
    Transportation under subsection (c) of this section if the 
    Secretary of Transportation decides, after consulting with the 
    Secretary of State, that a condition exists that threatens the 
    safety or security of passengers, aircraft, or crew traveling to or 
    from the airport.
    (B) The Secretary of Transportation immediately shall notify the 
Secretary of State of a decision under subparagraph (A)(ii) of this 
paragraph so that the Secretary of State may issue a travel advisory 
required under section 44908(a) of this title.
    (3) The Secretary of Transportation promptly shall submit to 
Congress a report (and classified annex if necessary) on action taken 
under paragraph (1) or (2) of this subsection, including information on 
attempts made to obtain the cooperation of the government of a foreign 
country in meeting the standard the Secretary used in assessing the 
airport under subsection (a) of this section.
    (4) An action required under paragraph (1)(A) and (B) of this 
subsection is no longer required only if the Secretary of 
Transportation, in consultation with the Secretary of State, decides 
that effective security measures are maintained and carried out at the 
airport. The Secretary of Transportation shall notify Congress when the 
action is no longer required to be taken.
    (e) Suspensions.--Notwithstanding sections 40105(b) and 40106(b) of 
this title, the Secretary of Transportation, with the approval of the 
Secretary of State and without notice or a hearing, shall suspend the 
right of an air carrier or foreign air carrier to provide foreign air 
transportation, and the right of a person to operate aircraft in 
foreign air commerce, to or from a foreign airport when the Secretary 
of Transportation decides that--
        (1) a condition exists that threatens the safety or security of 
    passengers, aircraft, or crew traveling to or from that airport; 
    and
        (2) the public interest requires an immediate suspension of 
    transportation between the United States and that airport.
    (f) Condition of Carrier Authority.--This section is a condition to 
authority the Secretary of Transportation grants under this part to an 
air carrier or foreign air carrier.

Sec. 44908. Travel advisory and suspension of foreign assistance

    (a) Travel Advisories.--On being notified by the Secretary of 
Transportation that the Secretary of Transportation has decided under 
section 44907(d)(2)(A)(ii) of this title that a condition exists that 
threatens the safety or security of passengers, aircraft, or crew 
traveling to or from a foreign airport that the Secretary of 
Transportation has decided under section 44907 of this title does not 
maintain and carry out effective security measures, the Secretary of 
State--
        (1) immediately shall issue a travel advisory for that airport;
        (2) shall publish the advisory in the Federal Register; and
        (3) shall publicize the advisory widely.
    (b) Suspending Assistance.--The President shall suspend assistance 
provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a 
country in which is located an airport with respect to which section 
44907(d)(1) of this title becomes effective if the Secretary of State 
decides the country is a high terrorist threat country. The President 
may waive this subsection if the President decides, and reports to 
Congress, that the waiver is required because of national security 
interests or a humanitarian emergency.
    (c) Actions No Longer Required.--An action required under this 
section is no longer required only if the Secretary of Transportation 
has made a decision as provided under section 44907(d)(4) of this 
title. The Secretary shall notify Congress when the action is no longer 
required to be taken.

Sec. 44909. Passenger manifests

    (a) Air Carrier Requirements.--(1) Not later than March 16, 1991, 
the Secretary of Transportation shall require each air carrier to 
provide a passenger manifest for a flight to an appropriate 
representative of the Secretary of State--
        (A) not later than one hour after that carrier is notified of 
    an aviation disaster outside the United States involving that 
    flight; or
        (B) if it is not technologically feasible or reasonable to 
    comply with clause (A) of this paragraph, then as expeditiously as 
    possible, but not later than 3 hours after the carrier is so 
    notified.
    (2) The passenger manifest shall include the following information:
        (A) the full name of each passenger.
        (B) the passport number of each passenger, if required for 
    travel.
        (C) the name and telephone number of a contact for each 
    passenger.
    (3) In carrying out this subsection, the Secretary of 
Transportation shall consider the necessity and feasibility of 
requiring air carriers to collect passenger manifest information as a 
condition for passengers boarding a flight of the carrier.
    (b) Foreign Air Carrier Requirements.--The Secretary of 
Transportation shall consider imposing a requirement on foreign air 
carriers comparable to that imposed on air carriers under subsection 
(a)(1) and (2) of this section.

Sec. 44910. Agreements on aircraft sabotage, aircraft hijacking, and 
            airport security

    The Secretary of State shall seek multilateral and bilateral 
agreement on strengthening enforcement measures and standards for 
compliance related to aircraft sabotage, aircraft hijacking, and 
airport security.

Sec. 44911. Intelligence

    (a) Definition.--In this section, ``intelligence community'' means 
the intelligence and intelligence-related activities of the following 
units of the United States Government:
        (1) the Department of State.
        (2) the Department of Defense.
        (3) the Department of the Treasury.
        (4) the Department of Energy.
        (5) the Departments of the Army, Navy, and Air Force.
        (6) the Central Intelligence Agency.
        (7) the National Security Agency.
        (8) the Defense Intelligence Agency.
        (9) the Federal Bureau of Investigation.
        (10) the Drug Enforcement Administration.
    (b) Policies and Procedures on Report Availability.--The head of 
each unit in the intelligence community shall prescribe policies and 
procedures to ensure that intelligence reports about international 
terrorism are made available, as appropriate, to the heads of other 
units in the intelligence community, the Secretary of Transportation, 
and the Administrator of the Federal Aviation Administration.
    (c) Unit for Strategic Planning on Terrorism.--The heads of the 
units in the intelligence community shall consider placing greater 
emphasis on strategic intelligence efforts by establishing a unit for 
strategic planning on terrorism.
    (d) Designation of Intelligence Officer.--At the request of the 
Secretary, the Director of Central Intelligence shall designate at 
least one intelligence officer of the Central Intelligence Agency to 
serve in a senior position in the Office of the Secretary.
    (e) Written Working Agreements.--The heads of units in the 
intelligence community, the Secretary, and the Administrator shall 
review and, as appropriate, revise written working agreements between 
the intelligence community and the Administrator.

Sec. 44912. Research and development

    (a) Program Requirement.--(1) The Administrator of the Federal 
Aviation Administration shall establish and carry out a program to 
accelerate and expand the research, development, and implementation of 
technologies and procedures to counteract terrorist acts against civil 
aviation. The program shall provide for developing and having in place, 
not later than November 16, 1993, new equipment and procedures 
necessary to meet the technological challenges presented by terrorism. 
The program shall include research on, and development of, 
technological improvements and ways to enhance human performance.
    (2) In designing and carrying out the program established under 
this subsection, the Administrator shall--
        (A) consult and coordinate activities with other departments, 
    agencies, and instrumentalities of the United States Government 
    doing similar research;
        (B) identify departments, agencies, and instrumentalities that 
    would benefit from that research; and
        (C) seek cost-sharing agreements with those departments, 
    agencies, and instrumentalities.
    (3) In carrying out the program established under this subsection, 
the Administrator shall review and consider the annual reports the 
Secretary of Transportation submits to Congress on transportation 
security and intelligence.
    (4) The Administrator may--
        (A) make grants to institutions of higher learning and other 
    appropriate research facilities with demonstrated ability to carry 
    out research described in paragraph (1) of this subsection, and fix 
    the amounts and terms of the grants; and
        (B) make cooperative agreements with governmental authorities 
    the Administrator decides are appropriate.
    (b) Review of Threats.--(1) The Administrator shall complete an 
intensive review of threats to civil aviation, with particular focus 
on--
        (A) explosive material that presents the most significant 
    threat to civil aircraft;
        (B) the minimum amounts, configurations, and types of explosive 
    material that can cause, or would reasonably be expected to cause, 
    catastrophic damage to commercial aircraft in service and expected 
    to be in service in the 10-year period beginning on November 16, 
    1990;
        (C) the amounts, configurations, and types of explosive 
    material that can be detected reliably by existing, or reasonably 
    anticipated, near-term explosive detection technologies;
        (D) the feasibility of using various ways to minimize damage 
    caused by explosive material that cannot be detected reliably by 
    existing, or reasonably anticipated, near-term explosive detection 
    technologies;
        (E) the ability to screen passengers, carry-on baggage, checked 
    baggage, and cargo; and
        (F) the technologies that might be used in the future to 
    attempt to destroy or otherwise threaten commercial aircraft and 
    the way in which those technologies can be countered effectively.
    (2) The Administrator shall use the results of the review under 
this subsection to develop the focus and priorities of the program 
established under subsection (a) of this section.
    (c) Scientific Advisory Panel.--The Administrator shall establish a 
scientific advisory panel, as a subcommittee of the Research, 
Engineering and Development Advisory Committee, to review, comment on, 
advise on the progress of, and recommend modifications in, the program 
established under subsection (a) of this section, including the need 
for long-range research programs to detect and prevent catastrophic 
damage to commercial aircraft by the next generation of terrorist 
weapons. The panel shall consist of individuals with scientific and 
technical expertise in--
        (1) the development and testing of effective explosive 
    detection systems;
        (2) aircraft structure and experimentation to decide on the 
    type and minimum weights of explosives that an effective technology 
    must be capable of detecting;
        (3) technologies involved in minimizing airframe damage to 
    aircraft from explosives; and
        (4) other scientific and technical areas the Administrator 
    considers appropriate.

Sec. 44913. Explosive detection

    (a) Deployment and Purchase of Equipment.--(1) A deployment or 
purchase of explosive detection equipment under section 108.7(b)(8) or 
108.20 of title 14, Code of Federal Regulations, or similar regulation 
is required only if the Administrator of the Federal Aviation 
Administration certifies that the equipment alone, or as part of an 
integrated system, can detect under realistic air carrier operating 
conditions the amounts, configurations, and types of explosive material 
that would likely be used to cause catastrophic damage to commercial 
aircraft. The Administrator shall base the certification on the results 
of tests conducted under protocols developed in consultation with 
expert scientists outside of the Administration. Those tests shall be 
completed not later than April 16, 1992.
    (2) Before completion of the tests described in paragraph (1) of 
this subsection, but not later than April 16, 1992, the Administrator 
may require deployment of explosive detection equipment described in 
paragraph (1) if the Administrator decides that deployment will enhance 
aviation security significantly. In making that decision, the 
Administrator shall consider factors such as the ability of the 
equipment alone, or as part of an integrated system, to detect under 
realistic air carrier operating conditions the amounts, configurations, 
and types of explosive material that would likely be used to cause 
catastrophic damage to commercial aircraft. The Administrator shall 
notify the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Public Works and Transportation of the 
House of Representatives of a deployment decision made under this 
paragraph.
    (3) This subsection does not prohibit the Administrator from 
purchasing or deploying explosive detection equipment described in 
paragraph (1) of this subsection.
    (b) Grants.--The Secretary of Transportation may provide grants to 
continue the Explosive Detection K-9 Team Training Program to detect 
explosives at airports and on aircraft.

Sec. 44914. Airport construction guidelines

    In consultation with air carriers, airport authorities, and others 
the Administrator of the Federal Aviation Administration considers 
appropriate, the Administrator shall develop guidelines for airport 
design and construction to allow for maximum security enhancement. In 
developing the guidelines, the Administrator shall consider the results 
of the assessment carried out under section 44904(a) of this title.

Sec. 44915. Exemptions

    The Administrator of the Federal Aviation Administration may exempt 
from sections 44901, 44903(a)-(c) and (e), 44906, 44935, and 44936 of 
this title airports in Alaska served only by air carriers that--
        (1) hold certificates issued under section 41102 of this title;
        (2) operate aircraft with certificates for a maximum gross 
    takeoff weight of less than 12,500 pounds; and
        (3) board passengers, or load property intended to be carried 
    in an aircraft cabin, that will be screened under section 44901 of 
    this title at another airport in Alaska before the passengers 
    board, or the property is loaded on, an aircraft for a place 
    outside Alaska.

              SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

Sec. 44931. Director of Intelligence and Security

    (a) Organization.--There is in the Office of the Secretary of 
Transportation a Director of Intelligence and Security. The Director 
reports directly to the Secretary.
    (b) Duties and Powers.--The Director shall--
        (1) receive, assess, and distribute intelligence information 
    related to long-term transportation security;
        (2) develop policies, strategies, and plans for dealing with 
    threats to transportation security;
        (3) make other plans related to transportation security, 
    including coordinating countermeasures with appropriate 
    departments, agencies, and instrumentalities of the United States 
    Government;
        (4) serve as the primary liaison of the Secretary to the 
    intelligence and law enforcement communities; and
        (5) carry out other duties and powers the Secretary decides are 
    necessary to ensure, to the extent possible, the security of the 
    traveling public.

Sec. 44932. Assistant Administrator for Civil Aviation Security

    (a) Organization.--There is an Assistant Administrator for Civil 
Aviation Security. The Assistant Administrator reports directly to the 
Administrator of the Federal Aviation Administration and is subject to 
the authority of the Administrator.
    (b) Duties and Powers.--The Assistant Administrator shall--
        (1) on a day-to-day basis, manage and provide operational 
    guidance to the field security resources of the Administration, 
    including Federal Security Managers as provided by section 44933 of 
    this title;
        (2) enforce security-related requirements;
        (3) identify the research and development requirements of 
    security-related activities;
        (4) inspect security systems;
        (5) report information to the Director of Intelligence and 
    Security that may be necessary to allow the Director to carry out 
    assigned duties and powers;
        (6) assess threats to civil aviation; and
        (7) carry out other duties and powers the Administrator 
    considers appropriate.
    (c) Review and Development of Ways To Strengthen Security.--The 
Assistant Administrator shall review and, as necessary, develop ways to 
strengthen air transportation security, including ways--
        (1) to strengthen controls over checked baggage in air 
    transportation, including ways to ensure baggage reconciliation and 
    inspection of items in passenger baggage that could potentially 
    contain explosive devices;
        (2) to strengthen control over individuals having access to 
    aircraft;
        (3) to improve testing of security systems;
        (4) to ensure the use of the best available x-ray equipment for 
    air transportation security purposes; and
        (5) to strengthen preflight screening of passengers.

Sec. 44933. Federal Security Managers

    (a) Establishment, Designation, and Stationing.--The Administrator 
of the Federal Aviation Administration shall establish the position of 
Federal Security Manager at each airport in the United States at which 
the Administrator decides a Manager is necessary for air transportation 
security. The Administrator shall designate individuals as Managers 
for, and station those Managers at, those airports. The Administrator 
may designate a current field employee of the Administration as a 
Manager. A Manager reports directly to the Assistant Administrator for 
Civil Aviation Security. The Administrator shall station an individual 
as Manager at each airport in the United States that the Secretary of 
Transportation designates as a category X airport.
    (b) Duties and Powers.--The Manager at each airport shall--
        (1) receive intelligence information related to aviation 
    security;
        (2) ensure, and assist in, the development of a comprehensive 
    security plan for the airport that--
            (A) establishes the responsibilities of each air carrier 
        and airport operator for air transportation security at the 
        airport; and
            (B) includes measures to be taken during periods of normal 
        airport operations and during periods when the Manager decides 
        that there is a need for additional airport security, and 
        identifies the individuals responsible for carrying out those 
        measures;
        (3) oversee and enforce the carrying out by air carriers and 
    airport operators of United States Government security 
    requirements, including the security plan under clause (2) of this 
    subsection;
        (4) serve as the on-site coordinator of the Administrator's 
    response to terrorist incidents and threats at the airport;
        (5) coordinate the day-to-day Government aviation security 
    activities at the airport;
        (6) coordinate efforts related to aviation security with local 
    law enforcement; and
        (7) coordinate activities with other Managers.
    (c) Limitation.--A Civil Aviation Security Field Officer may not be 
assigned security duties and powers at an airport having a Manager.

Sec. 44934. Foreign Security Liaison Officers

    (a) Establishment, Designation, and Stationing.--The Administrator 
of the Federal Aviation Administration shall establish the position of 
Foreign Security Liaison Officer for each airport outside the United 
States at which the Administrator decides an Officer is necessary for 
air transportation security. In coordination with the Secretary of 
State, the Administrator shall designate an Officer for each of those 
airports. In coordination with the Secretary, the Administrator shall 
designate an Officer for each of those airports where extraordinary 
security measures are in place. The Secretary shall give high priority 
to stationing those Officers.
    (b) Duties and Powers.--An Officer reports directly to the 
Assistant Administrator for Civil Aviation Security. The Officer at 
each airport shall--
        (1) serve as the liaison of the Assistant Administrator to 
    foreign security authorities (including governments of foreign 
    countries and foreign airport authorities) in carrying out United 
    States Government security requirements at that airport; and
        (2) to the extent practicable, carry out duties and powers 
    referred to in section 44933(b) of this title.
    (c) Coordination of Activities.--The activities of each Officer 
shall be coordinated with the chief of the diplomatic mission of the 
United States to which the Officer is assigned. Activities of an 
Officer under this section shall be consistent with the duties and 
powers of the Secretary and the chief of mission to a foreign country 
under section 103 of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act 
of 1980 (22 U.S.C. 3927).

Sec. 44935. Employment standards and training

    (a) Employment Standards.--The Administrator of the Federal 
Aviation Administration shall prescribe standards for the employment 
and continued employment of, and contracting for, air carrier personnel 
and, as appropriate, airport security personnel. The standards shall 
include--
        (1) minimum training requirements for new employees;
        (2) retraining requirements;
        (3) minimum staffing levels;
        (4) minimum language skills; and
        (5) minimum education levels for employees, when appropriate.
    (b) Review and Recommendations.--In coordination with air carriers, 
airport operators, and other interested persons, the Administrator 
shall review issues related to human performance in the aviation 
security system to maximize that performance. When the review is 
completed, the Administrator shall recommend guidelines and prescribe 
appropriate changes in existing procedures to improve that performance.
    (c) Security Program Training, Standards, and Qualifications.--(1) 
The Administrator--
        (A) may train individuals employed to carry out a security 
    program under section 44903(c) of this title; and
        (B) shall prescribe uniform training standards and uniform 
    minimum qualifications for individuals eligible for that training.
    (2) The Administrator may authorize reimbursement for travel, 
transportation, and subsistence expenses for security training of non-
United States Government domestic and foreign individuals whose 
services will contribute significantly to carrying out civil aviation 
security programs. To the extent practicable, air travel reimbursed 
under this paragraph shall be on air carriers.
    (d) Education and Training Standards for Security Coordinators, 
Supervisory Personnel, and Pilots.--(1) The Administrator shall 
prescribe standards for educating and training--
        (A) ground security coordinators;
        (B) security supervisory personnel; and
        (C) airline pilots as in-flight security coordinators.
    (2) The standards shall include initial training, retraining, and 
continuing education requirements and methods. Those requirements and 
methods shall be used annually to measure the performance of ground 
security coordinators and security supervisory personnel.

Sec. 44936. Employment investigations and restrictions

    (a) Employment Investigation Requirement.--(1) The Administrator of 
the Federal Aviation Administration shall require by regulation that an 
employment investigation, including a criminal history record check, 
shall be conducted, as the Administrator decides is necessary to ensure 
air transportation security, of each individual employed in, or 
applying for, a position in which the individual has unescorted access, 
or may permit other individuals to have unescorted access, to--
        (A) aircraft of an air carrier or foreign air carrier; or
        (B) a secured area of an airport in the United States the 
    Administrator designates that serves an air carrier or foreign air 
    carrier.
    (2) An air carrier, foreign air carrier, or airport operator that 
employs, or authorizes or makes a contract for the services of, an 
individual in a position described in paragraph (1) of this subsection 
shall ensure that the investigation the Administrator requires is 
conducted.
    (b) Prohibited Employment.--(1) Except as provided in paragraph (3) 
of this subsection, an air carrier, foreign air carrier, or airport 
operator may not employ, or authorize or make a contract for the 
services of, an individual in a position described in subsection (a)(1) 
of this section if--
        (A) the investigation of the individual required under this 
    section has not been conducted; or
        (B) the results of that investigation establish that, in the 
    10-year period ending on the date of the investigation, the 
    individual was convicted of--
            (i) a crime referred to in section 46306, 46308, 46312, 
        46314, or 46315 or chapter 465 of this title or section 32 of 
        title 18;
            (ii) murder;
            (iii) assault with intent to murder;
            (iv) espionage;
            (v) sedition;
            (vi) treason;
            (vii) rape;
            (viii) kidnapping;
            (ix) unlawful possession, sale, distribution, or 
        manufacture of an explosive or weapon;
            (x) extortion;
            (xi) armed robbery;
            (xii) distribution of, or intent to distribute, a 
        controlled substance; or
            (xiii) conspiracy to commit any of the acts referred to in 
        clauses (i)-(xii) of this paragraph.
    (2) The Administrator may specify other factors that are sufficient 
to prohibit the employment of an individual in a position described in 
subsection (a)(1) of this section.
    (3) An air carrier, foreign air carrier, or airport operator may 
employ, or authorize or contract for the services of, an individual in 
a position described in subsection (a)(1) of this section without 
carrying out the investigation required under this section, if the 
Administrator approves a plan to employ the individual that provides 
alternate security arrangements.
    (c) Fingerprinting and Record Check Information.--(1) If the 
Administrator requires an identification and criminal history record 
check, to be conducted by the Attorney General, as part of an 
investigation under this section, the Administrator shall designate an 
individual to obtain fingerprints and submit those fingerprints to the 
Attorney General. The Attorney General may make the results of a check 
available to an individual the Administrator designates. Before 
designating an individual to obtain and submit fingerprints or receive 
results of a check, the Administrator shall consult with the Attorney 
General.
    (2) The Administrator shall prescribe regulations on--
        (A) procedures for taking fingerprints; and
        (B) requirements for using information received from the 
    Attorney General under paragraph (1) of this subsection--
            (i) to limit the dissemination of the information; and
            (ii) to ensure that the information is used only to carry 
        out this section.
    (3) If an identification and criminal history record check is 
conducted as part of an investigation of an individual under this 
section, the individual--
        (A) shall receive a copy of any record received from the 
    Attorney General; and
        (B) may complete and correct the information contained in the 
    check before a final employment decision is made based on the 
    check.
    (d) Fees and Charges.--The Administrator and the Attorney General 
shall establish reasonable fees and charges to pay expenses incurred in 
carrying out this section. The employer of the individual being 
investigated shall pay the costs of a record check of the individual. 
Money collected under this section shall be credited to the account in 
the Treasury from which the expenses were incurred and are available to 
the Administrator and the Attorney General for those expenses.
    (e) When Investigation or Record Check Not Required.--This section 
does not require an investigation or record check when the 
investigation or record check is prohibited by a law of a foreign 
country.

Sec. 44937. Prohibition on transferring duties and powers

    Except as specifically provided by law, the Administrator of the 
Federal Aviation Administration may not transfer a duty or power under 
section 44903(a), (b), (c), or (e), 44906(a)(1) or (b), 44912, 44935, 
44936, or 44938(b)(3) of this title to another department, agency, or 
instrumentality of the United States Government.

Sec. 44938. Reports

    (a) Transportation Security.--Not later than December 31 of each 
year, the Secretary of Transportation shall submit to Congress a report 
on transportation security with recommendations the Secretary considers 
appropriate. The report shall be prepared in conjunction with the 
annual report the Administrator of the Federal Aviation Administration 
submits under subsection (b) of this section, but may not duplicate the 
information submitted under subsection (b) or section 44907(a)(3) of 
this title. The Secretary may submit the report in classified and 
unclassified parts. The report shall include--
        (1) an assessment of trends and developments in terrorist 
    activities, methods, and other threats to transportation;
        (2) an evaluation of deployment of explosive detection devices;
        (3) recommendations for research, engineering, and development 
    activities related to transportation security, except research 
    engineering and development activities related to aviation security 
    to the extent those activities are covered by the national aviation 
    research plan required under section 44501(c) of this title;
        (4) identification and evaluation of cooperative efforts with 
    other departments, agencies, and instrumentalities of the United 
    States Government;
        (5) an evaluation of cooperation with foreign transportation 
    and security authorities;
        (6) the status of the extent to which the recommendations of 
    the President's Commission on Aviation Security and Terrorism have 
    been carried out and the reasons for any delay in carrying out 
    those recommendations;
        (7) a summary of the activities of the Director of Intelligence 
    and Security in the 12-month period ending on the date of the 
    report;
        (8) financial and staffing requirements of the Director;
        (9) an assessment of financial and staffing requirements, and 
    attainment of existing staffing goals, for carrying out duties and 
    powers of the Administrator related to security; and
        (10) appropriate legislative and regulatory recommendations.
    (b) Screening and Foreign Air Carrier and Airport Security.--The 
Administrator shall submit annually to Congress a report--
        (1) on the effectiveness of procedures under section 44901 of 
    this title;
        (2) that includes a summary of the assessments conducted under 
    section 44907(a)(1) and (2) of this title; and
        (3) that includes an assessment of the steps being taken, and 
    the progress being made, in ensuring compliance with section 44906 
    of this title for each foreign air carrier security program at 
    airports outside the United States--
            (A) at which the Administrator decides that Foreign 
        Security Liaison Officers are necessary for air transportation 
        security; and
            (B) for which extraordinary security measures are in place.
    (c) Domestic Air Transportation System Security.--The Administrator 
shall submit to Congress an annual report for each of the calendar 
years 1991 and 1992 on the progress being made, and the problems 
occurring, in carrying out section 44904 of this title. The report 
shall include recommendations for improving domestic air transportation 
security.

         CHAPTER 451--ALCOHOL AND CONTROLLED SUBSTANCES TESTING

Sec.
45101.  Definition.
45102.  Alcohol and controlled substances testing programs.
45103.  Prohibited service.
45104.  Testing and laboratory requirements.
45105.  Rehabilitation.
45106.  Relationship to other laws, regulations, standards, and orders.

Sec. 45101. Definition

    In this chapter, ``controlled substance'' means any substance under 
section 102 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal 
Aviation Administration.

Sec. 45102. Alcohol and controlled substances testing programs

    (a) Program for Employees of Air Carriers and Foreign Air 
Carriers.--(1) In the interest of aviation safety, the Administrator of 
the Federal Aviation Administration shall prescribe regulations not 
later than October 28, 1992, that establish a program requiring air 
carriers and foreign air carriers to conduct preemployment, reasonable 
suspicion, random, and post-accident testing of airmen, crewmembers, 
airport security screening contract personnel, and other air carrier 
employees responsible for safety-sensitive functions (as decided by the 
Administrator) for the use of alcohol or a controlled substance in 
violation of law or a United States Government regulation.
    (2) When the Administrator considers it appropriate in the interest 
of safety, the Administrator may prescribe regulations for conducting 
periodic recurring testing of airmen, crewmembers, airport security 
screening contract personnel, and other air carrier employees 
responsible for safety-sensitive functions for the use of alcohol or a 
controlled substance in violation of law or a Government regulation.
    (b) Program for Employees of the Federal Aviation Administration.--
(1) The Administrator shall establish a program of preemployment, 
reasonable suspicion, random, and post-accident testing for the use of 
alcohol or a controlled substance in violation of law or a Government 
regulation for employees of the Administration whose duties include 
responsibility for safety-sensitive functions.
    (2) When the Administrator considers it appropriate in the interest 
of safety, the Administrator may prescribe regulations for conducting 
periodic recurring testing of employees of the Administration 
responsible for safety-sensitive functions for use of alcohol or a 
controlled substance in violation of law or a Government regulation.
    (c) Sanctions.--In prescribing regulations under the programs 
required by this section, the Administrator shall require, as the 
Administrator considers appropriate, the suspension or revocation of 
any certificate issued to an individual referred to in this section, or 
the disqualification or dismissal of the individual, under this chapter 
when a test conducted and confirmed under this chapter indicates the 
individual has used alcohol or a controlled substance in violation of 
law or a Government regulation.

Sec. 45103. Prohibited service

    (a) Use of Alcohol or a Controlled Substance.--An individual may 
not use alcohol or a controlled substance after October 28, 1991, in 
violation of law or a United States Government regulation and serve as 
an airman, crewmember, airport security screening contract employee, 
air carrier employee responsible for safety-sensitive functions (as 
decided by the Administrator of the Federal Aviation Administration), 
or employee of the Administration with responsibility for safety-
sensitive functions.
    (b) Rehabilitation Required To Resume Service.--Notwithstanding 
subsection (a) of this section, an individual found to have used 
alcohol or a controlled substance after October 28, 1991, in violation 
of law or a Government regulation may serve as an airman, crewmember, 
airport security screening contract employee, air carrier employee 
responsible for safety-sensitive functions (as decided by the 
Administrator), or employee of the Administration with responsibility 
for safety-sensitive functions only if the individual completes a 
rehabilitation program described in section 45105 of this title.
    (c) Performance of Prior Duties Prohibited.--An individual who 
served as an airman, crewmember, airport security screening contract 
employee, air carrier employee responsible for safety-sensitive 
functions (as decided by the Administrator), or employee of the 
Administration with responsibility for safety-sensitive functions and 
who was found by the Administrator to have used alcohol or a controlled 
substance after October 28, 1991, in violation of law or a Government 
regulation may not carry out the duties related to air transportation 
that the individual carried out before the finding of the Administrator 
if the individual--
        (1) used the alcohol or controlled substance when on duty;
        (2) began or completed a rehabilitation program described in 
    section 45105 of this title before using the alcohol or controlled 
    substance; or
        (3) refuses to begin or complete a rehabilitation program 
    described in section 45105 of this title after a finding by the 
    Administrator under this section.

Sec. 45104. Testing and laboratory requirements

    In carrying out section 45102 of this title, the Administrator of 
the Federal Aviation Administration shall develop requirements that--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled 
    substances, incorporate the Department of Health and Human Services 
    scientific and technical guidelines dated April 11, 1988, and any 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of laboratory 
        controlled substances testing and laboratory procedures to be 
        applied in carrying out this chapter, including standards 
        requiring the use of the best available technology to ensure 
        the complete reliability and accuracy of controlled substances 
        tests and strict procedures governing the chain of custody of 
        specimens collected for controlled substances testing;
            (B) the minimum list of controlled substances for which 
        individuals may be tested; and
            (C) appropriate standards and procedures for periodic 
        review of laboratories and criteria for certification and 
        revocation of certification of laboratories to perform 
        controlled substances testing in carrying out this chapter;
        (3) require that a laboratory involved in controlled substances 
    testing under this chapter 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 United States 
    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 chapter; 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.

Sec. 45105. Rehabilitation

    (a) Program for Employees of Air Carriers and Foreign Air 
Carriers.--The Administrator of the Federal Aviation Administration 
shall prescribe regulations establishing requirements for 
rehabilitation programs that at least provide for the identification 
and opportunity for treatment of employees of air carriers and foreign 
air carriers referred to in section 45102(a)(1) of this title who need 
assistance in resolving problems with the use of alcohol or a 
controlled substance in violation of law or a United States Government 
regulation. Each air carrier and foreign air carrier is encouraged to 
make such a program available to all its employees in addition to the 
employees referred to in section 45102(a)(1)(A). The Administrator 
shall decide on the circumstances under which employees shall be 
required to participate in a program. This subsection does not prevent 
an air carrier or foreign air carrier from establishing a program under 
this subsection in cooperation with another air carrier or foreign air 
carrier.
    (b) Program for Employees of the Federal Aviation Administration.--
The Administrator shall establish and maintain a rehabilitation program 
that at least provides for the identification and opportunity for 
treatment of employees of the Administration whose duties include 
responsibility for safety-sensitive functions who need assistance in 
resolving problems with the use of alcohol or a controlled substance.

Sec. 45106. Relationship to other laws, regulations, standards, and 
            orders

    (a) Effect on State and Local Government Laws, Regulations, 
Standards, or Orders.--A State or local government may not prescribe, 
issue, or continue in effect a law, regulation, standard, or order that 
is inconsistent with regulations prescribed under this chapter. 
However, a regulation prescribed under this chapter does not preempt a 
State criminal law that imposes sanctions for reckless conduct leading 
to loss of life, injury, or damage to property.
    (b) International Obligations and Foreign Laws.--(1) In prescribing 
regulations under this chapter, the Administrator of the Federal 
Aviation Administration--
        (A) shall establish only requirements applicable to foreign air 
    carriers that are consistent with international obligations of the 
    United States; and
        (B) shall consider applicable laws and regulations of foreign 
    countries.
    (2) The Secretaries of State and Transportation jointly shall 
request the governments of foreign countries that are members of the 
International Civil Aviation Organization to strengthen and enforce 
existing standards to prohibit crewmembers in international civil 
aviation from using alcohol or a controlled substance in violation of 
law or a United States Government regulation.
    (c) Other Regulations Allowed.--This section does not prevent the 
Administrator from continuing in effect, amending, or further 
supplementing a regulation prescribed before October 28, 1991, 
governing the use of alcohol or a controlled substance by airmen, 
crewmembers, airport security screening contract employees, air carrier 
employees responsible for safety-sensitive functions (as decided by the 
Administrator), or employees of the Administration with responsibility 
for safety-sensitive functions.

                           CHAPTER 453--FEES

Sec.
45301.  Authority to impose fees.
45302.  Fees involving aircraft not providing air transportation.
45303.  Maximum fees for private person services.

Sec. 45301. Authority to impose fees

    (a) General Authority.--The Secretary of Transportation may impose 
a fee for an approval, test, authorization, certificate, permit, 
registration, transfer, or rating related to aviation that has not been 
approved by Congress only when the fee--
        (1)(A) was in effect on January 1, 1973; and
        (B) is not more than the fee in effect on January 1, 1973, 
    adjusted in proportion to changes in the Consumer Price Index of 
    All Urban Consumers published by the Secretary of Labor between 
    January 1, 1973, and the date the fee is imposed; or
        (2) is imposed under section 45302 of this title.
    (b) Nonapplication.--This section does not apply to a fee for a 
test, authorization, certificate, permit, or rating related to an 
airman or repair station administered or issued outside the United 
States.

Sec. 45302. Fees involving aircraft not providing air transportation

    (a) Application.--This section applies only to aircraft not used to 
provide air transportation.
    (b) General Authority and Maximum Fees.--The Administrator of the 
Federal Aviation Administration may impose fees to pay for the costs of 
issuing airman certificates to pilots and certificates of registration 
of aircraft and processing forms for major repairs and alterations of 
fuel tanks and fuel systems of aircraft. The following fees may not be 
more than the amounts specified:
        (1) $12 for issuing an airman's certificate to a pilot.
        (2) $25 for registering an aircraft after the transfer of 
    ownership.
        (3) $15 for renewing an aircraft registration.
        (4) $7.50 for processing a form for a major repair or 
    alteration of a fuel tank or fuel system of an aircraft.
    (c) Adjustments.--The Administrator shall adjust the maximum fees 
established by subsection (b) of this section for changes in the 
Consumer Price Index of All Urban Consumers published by the Secretary 
of Labor.
    (d) Credit to Account and Availability.--Money collected from fees 
imposed under this section shall be credited to the account in the 
Treasury from which the Administrator incurs expenses in carrying out 
chapter 441 and sections 44701-44716 of this title (except sections 
44701(c), 44703(f)(2), and 44713(d)(2)). The money is available to the 
Administrator to pay expenses for which the fees are collected.

Sec. 45303. Maximum fees for private person services

    The Administrator of the Federal Aviation Administration may 
establish maximum fees that private persons may charge for services 
performed under a delegation to the person under section 44702(d) of 
this title.

                 SUBPART IV--ENFORCEMENT AND PENALTIES

              CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS

Sec.
46101.  Complaints and investigations.
46102.  Proceedings.
46103.  Service of notice, process, and actions.
46104.  Evidence.
46105.  Regulations and orders.
46106.  Enforcement by the Secretary of Transportation and Administrator 
          of the Federal Aviation Administration.
46107.  Enforcement by the Attorney General.
46108.  Enforcement of certificate requirements by interested persons.
46109.  Joinder and intervention.
46110.  Judicial review.

Sec. 46101. Complaints and investigations

    (a) General.--(1) A person may file a complaint in writing with the 
Secretary of Transportation (or the Administrator of the Federal 
Aviation Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator) about a 
person violating this part or a requirement prescribed under this part. 
Except as provided in subsection (b) of this section, the Secretary or 
Administrator shall investigate the complaint if a reasonable ground 
appears to the Secretary or Administrator for the investigation.
    (2) On the initiative of the Secretary of Transportation or the 
Administrator, as appropriate, the Secretary or Administrator may 
conduct an investigation, if a reasonable ground appears to the 
Secretary or Administrator for the investigation, about--
        (A) a person violating this part or a requirement prescribed 
    under this part; or
        (B) any question that may arise under this part.
    (3) The Secretary of Transportation or Administrator may dismiss a 
complaint without a hearing when the Secretary or Administrator is of 
the opinion that the complaint does not state facts that warrant an 
investigation or action.
    (4) After notice and an opportunity for a hearing and subject to 
section 40105(b) of this title, the Secretary of Transportation or 
Administrator shall issue an order to compel compliance with this part 
if the Secretary or Administrator finds in an investigation under this 
subsection that a person is violating this part.
    (b) Complaints Against Members of Armed Forces.--The Secretary of 
Transportation or Administrator shall refer a complaint against a 
member of the armed forces of the United States performing official 
duties to the Secretary of the department concerned for action. Not 
later than 90 days after receiving the complaint, the Secretary of that 
department shall inform the Secretary of Transportation or 
Administrator of the action taken on the complaint, including any 
corrective or disciplinary action taken.

Sec. 46102. Proceedings

    (a) Conducting Proceedings.--Subject to subchapter II of chapter 5 
of title 5, the Secretary of Transportation (or the Administrator of 
the Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the Administrator) 
may conduct proceedings in a way conducive to justice and the proper 
dispatch of business.
    (b) Appearance.--A person may appear and be heard before the 
Secretary and the Administrator in person or by an attorney. The 
Secretary may appear and participate as an interested party in a 
proceeding the Administrator conducts under section 40113(a) of this 
title.
    (c) Recording and Public Access.--Official action taken by the 
Secretary and Administrator under this part shall be recorded. 
Proceedings before the Secretary and Administrator shall be open to the 
public on the request of an interested party unless the Secretary or 
Administrator decides that secrecy is required because of national 
defense.
    (d) Conflicts of Interest.--The Secretary, the Administrator, or an 
officer or employee of the Administration may not participate in a 
proceeding referred to in subsection (a) of this section in which the 
individual has a pecuniary interest.

Sec. 46103. Service of notice, process, and actions

    (a) Designating Agents.--(1) Each air carrier and foreign air 
carrier shall designate an agent on whom service of notice and process 
in a proceeding before, and an action of, the Secretary of 
Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) may be made.
    (2) The designation--
        (A) shall be in writing and filed with the Secretary or 
    Administrator; and
        (B) may be changed in the same way as originally made.
    (b) Service.--(1) Service may be made--
        (A) by personal service;
        (B) on a designated agent; or
        (C) by certified or registered mail to the person to be served 
    or the designated agent of the person.
    (2) The date of service made by certified or registered mail is the 
date of mailing.
    (c) Serving Agents.--Service on an agent designated under this 
section shall be made at the office or usual place of residence of the 
agent. If an air carrier or foreign air carrier does not have a 
designated agent, service may be made by posting the notice, process, 
or action in the office of the Secretary or Administrator.

Sec. 46104. Evidence

    (a) General.--In conducting a hearing or investigation under this 
part, the Secretary of Transportation (or the Administrator of the 
Federal Aviation Administration with respect to aviation safety duties 
and powers designated to be carried out by the Administrator) may--
        (1) subpena witnesses and records related to a matter involved 
    in the hearing or investigation from any place in the United States 
    to the designated place of the hearing or investigation;
        (2) administer oaths;
        (3) examine witnesses; and
        (4) receive evidence at a place in the United States the 
    Secretary or Administrator designates.
    (b) Compliance With Subpenas.--If a person disobeys a subpena, the 
Secretary, the Administrator, or a party to a proceeding before the 
Secretary or Administrator may petition a court of the United States to 
enforce the subpena. A judicial proceeding to enforce a subpena under 
this section may be brought in the jurisdiction in which the proceeding 
or investigation is conducted. The court may punish a failure to obey 
an order of the court to comply with the subpena as a contempt of 
court.
    (c) Depositions.--(1) In a proceeding or investigation, the 
Secretary or Administrator may order a person to give testimony by 
deposition and to produce records. If a person fails to be deposed or 
to produce records, the order may be enforced in the same way a subpena 
may be enforced under subsection (b) of this section.
    (2) A deposition may be taken before an individual designated by 
the Secretary or Administrator and having the power to administer 
oaths.
    (3) Before taking a deposition, the party or the attorney of the 
party proposing to take the deposition must give reasonable notice in 
writing to the opposing party or the attorney of record of that party. 
The notice shall state the name of the witness and the time and place 
of taking the deposition.
    (4) The testimony of a person deposed under this subsection shall 
be under oath. The person taking the deposition shall prepare, or cause 
to be prepared, a transcript of the testimony taken. The transcript 
shall be subscribed by the deponent. Each deposition shall be filed 
promptly with the Secretary or Administrator.
    (5) If the laws of a foreign country allow, the testimony of a 
witness in that country may be taken by deposition--
        (A) by a consular officer or an individual commissioned by the 
    Secretary or Administrator or agreed on by the parties by written 
    stipulation filed with the Secretary or Administrator; or
        (B) under letters rogatory issued by a court of competent 
    jurisdiction at the request of the Secretary or Administrator.
    (d) Witness Fees and Mileage and Certain Foreign Country 
Expenses.--A witness summoned before the Secretary or Administrator or 
whose deposition is taken under this section and the individual taking 
the deposition are each entitled to the same fee and mileage that the 
witness and individual would have been paid for those services in a 
court of the United States. Under regulations of the Secretary or 
Administrator, the Secretary or Administrator shall pay the necessary 
expenses incident to executing, in another country, a commission or 
letter rogatory issued at the initiative of the Secretary or 
Administrator.
    (e) Designating Employees To Conduct Hearings.--When designated by 
the Secretary or Administrator, an employee appointed under section 
3105 of title 5 may conduct a hearing, subpena witnesses, administer 
oaths, examine witnesses, and receive evidence at a place in the United 
States the Secretary or Administrator designates. On request of a 
party, the Secretary or Administrator shall hear or receive argument.

Sec. 46105. Regulations and orders

    (a) Effectiveness of Orders.--Except as provided in this part, a 
regulation prescribed or order issued by the Secretary of 
Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) takes effect within 
a reasonable time prescribed by the Secretary or Administrator. The 
regulation or order remains in effect under its own terms or until 
superseded. Except as provided in this part, the Secretary or 
Administrator may amend, modify, or suspend an order in the way, and by 
giving the notice, the Secretary or Administrator decides.
    (b) Contents and Service of Orders.--An order of the Secretary or 
Administrator shall include the findings of fact on which the order is 
based and shall be served on the parties to the proceeding and the 
persons affected by the order.
    (c) Emergencies.--When the Administrator is of the opinion that an 
emergency exists related to safety in air commerce and requires 
immediate action, the Administrator, on the initiative of the 
Administrator or on complaint, may prescribe regulations and issue 
orders immediately to meet the emergency, with or without notice and 
without regard to this part and subchapter II of chapter 5 of title 5. 
The Administrator shall begin a proceeding immediately about an 
emergency under this subsection and give preference, when practicable, 
to the proceeding.

Sec. 46106. Enforcement by the Secretary of Transportation and 
            Administrator of the Federal Aviation Administration

    The Secretary of Transportation (or the Administrator of the 
Federal Aviation Administration with respect to aviation safety duties 
and powers designated to be carried out by the Administrator) may bring 
a civil action against a person in a district court of the United 
States to enforce this part or a requirement or regulation prescribed, 
or an order or any term of a certificate or permit issued, under this 
part. The action may be brought in the judicial district in which the 
person does business or the violation occurred.

Sec. 46107. Enforcement by the Attorney General

    (a) Civil Actions To Enforce Section 40106(b).--The Attorney 
General may bring a civil action in a district court of the United 
States against a person to enforce section 40106(b) of this title. The 
action may be brought in the judicial district in which the person does 
business or the violation occurred.
    (b) Civil Actions To Enforce This Part.--(1) On request of the 
Secretary of Transportation (or the Administrator of the Federal 
Aviation Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator), the Attorney 
General may bring a civil action in an appropriate court--
        (A) to enforce this part or a requirement or regulation 
    prescribed, or an order or any term of a certificate or permit 
    issued, under this part; and
        (B) to prosecute a person violating this part or a requirement 
    or regulation prescribed, or an order or any term of a certificate 
    or permit issued, under this part.
    (2) The costs and expenses of a civil action shall be paid out of 
the appropriations for the expenses of the courts of the United States.
    (c) Participation of Secretary or Administrator.--On request of the 
Attorney General, the Secretary or Administrator, as appropriate, may 
participate in a civil action under this part.

Sec. 46108. Enforcement of certificate requirements by interested 
            persons

    An interested person may bring a civil action in a district court 
of the United States against a person to enforce section 41101(a)(1) of 
this title. The action may be brought in the judicial district in which 
the defendant does business or the violation occurred.

Sec. 46109. Joinder and intervention

    A person interested in or affected by a matter under consideration 
in a proceeding before the Secretary of Transportation or civil action 
to enforce this part or a requirement or regulation prescribed, or an 
order or any term of a certificate or permit issued, under this part 
may be joined as a party or permitted to intervene in the proceeding or 
civil action.

Sec. 46110. Judicial review

    (a) Filing and Venue.--Except for an order related to a foreign air 
carrier subject to disapproval by the President under section 41307 or 
41509(f) of this title, a person disclosing a substantial interest in 
an order issued by the Secretary of Transportation (or the 
Administrator of the Federal Aviation Administration with respect to 
aviation safety duties and powers designated to be carried out by the 
Administrator) under this part may apply for review of the order by 
filing a petition for review in the United States Court of Appeals for 
the District of Columbia Circuit or in the court of appeals of the 
United States for the circuit in which the person resides or has its 
principal place of business. The petition must be filed not later than 
60 days after the order is issued. The court may allow the petition to 
be filed after the 60th day only if there are reasonable grounds for 
not filing by the 60th day.
    (b) Judicial Procedures.--When a petition is filed under subsection 
(a) of this section, the clerk of the court immediately shall send a 
copy of the petition to the Secretary or Administrator, as appropriate. 
The Secretary or Administrator shall file with the court a record of 
any proceeding in which the order was issued, as provided in section 
2112 of title 28.
    (c) Authority of Court.--When the petition is sent to the Secretary 
or Administrator, the court has exclusive jurisdiction to affirm, 
amend, modify, or set aside any part of the order and may order the 
Secretary or Administrator to conduct further proceedings. After 
reasonable notice to the Secretary or Administrator, the court may 
grant interim relief by staying the order or taking other appropriate 
action when good cause for its action exists. Findings of fact by the 
Secretary or Administrator, if supported by substantial evidence, are 
conclusive.
    (d) Requirement for Prior Objection.--In reviewing an order under 
this section, the court may consider an objection to an order of the 
Secretary or Administrator only if the objection was made in the 
proceeding conducted by the Secretary or Administrator or if there was 
a reasonable ground for not making the objection in the proceeding.
    (e) Supreme Court Review.--A decision by a court under this section 
may be reviewed only by the Supreme Court under section 1254 of title 
28.

                         CHAPTER 463--PENALTIES

Sec.
46301.  Civil penalties.
46302.  False information.
46303.  Carrying a weapon.
46304.  Liens on aircraft.
46305.  Actions to recover civil penalties.
46306.  Registration violations involving aircraft not providing air 
          transportation.
46307.  Violation of national defense airspace.
46308.  Interference with air navigation.
46309.  Concession and price violations.
46310.  Reporting and recordkeeping violations.
46311.  Unlawful disclosure of information.
46312.  Transporting hazardous material.
46313.  Refusing to appear or produce records.
46314.  Entering aircraft or airport area in violation of security 
          requirements.
46315.  Lighting violations involving transporting controlled substances 
          by aircraft not providing air transportation.
46316.  General criminal penalty when specific penalty not provided.

Sec. 46301. Civil penalties

    (a) General Penalty.--(1) A person is liable to the United States 
Government for a civil penalty of not more than $1,000 for violating--
        (A) chapter 401 (except sections 40103(a) and (d), 40105, 
    40116, and 40117), chapter 411, section 41301-41306, 41308-
    41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 
    41705-41709, 41711, 41712, or 41731-41742, chapter 419, subchapter 
    II of chapter 421, chapter 441 (except section 44109), or section 
    44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 44906, 
    44907(d)(1)(B), 44909(a), 44912-44915, 44932-44938, 46302, or 46303 
    of this title;
        (B) a regulation prescribed or order issued under any provision 
    to which clause (A) of this paragraph applies;
        (C) any term of a certificate or permit issued under section 
    41102, 41103, or 41302 of this title; or
        (D) a regulation of the United States Postal Service under this 
    part.
    (2) A person operating an aircraft for the transportation of 
passengers or property for compensation (except an airman serving as an 
airman) is liable to the Government for a civil penalty of not more 
than $10,000 for violating--
        (A) chapter 401 (except sections 40103(a) and (d), 40105, 
    40106(b), 40116, and 40117) or section 44701(a) or (b), 44702-
    44716, 44901, 44903(b) or (c), 44905, 44906, 44912-44915, or 44932-
    44938 of this title; or
        (B) a regulation prescribed or order issued under any provision 
    to which clause (A) of this paragraph applies.
    (3) A civil penalty of not more than $10,000 may be imposed for 
each violation under paragraph (1) of this subsection related to--
    (A) the transportation of hazardous material; or
    (B) the registration or recordation under chapter 441 of this title 
    of an aircraft not used to provide air transportation.
    (4) A separate violation occurs under this subsection for each day 
the violation continues or, if applicable, for each flight involving 
the violation.
    (b) Smoke Alarm Device Penalty.--(1) A passenger may not tamper 
with, disable, or destroy a smoke alarm device located in a lavatory on 
an aircraft providing air transportation or intrastate air 
transportation.
    (2) An individual violating this subsection is liable to the 
Government for a civil penalty of not more than $2,000.
    (c) Procedural Requirements.--(1) The Secretary of Transportation 
may impose a civil penalty for the following violations only after 
notice and an opportunity for a hearing:
        (A) a violation of subsection (b) of this section or chapter 
    411, section 41301-41306, 41308-41310(a), 41501, 41503, 41504, 
    41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or 
    41731-41742, chapter 419, or subchapter II of chapter 421 of this 
    title.
        (B) a violation of a regulation prescribed or order issued 
    under any provision to which clause (A) of this paragraph applies.
        (C) a violation of any term of a certificate or permit issued 
    under section 41102, 41103, or 41302 of this title.
        (D) a violation under subsection (a)(1) of this section related 
    to the transportation of hazardous material.
    (2) The Secretary shall give written notice of the finding of a 
violation and the civil penalty under paragraph (1) of this subsection.
    (d) Administrative Imposition of Penalties.--(1) In this 
subsection--
        (A) ``flight engineer'' means an individual who holds a flight 
    engineer certificate issued under part 63 of title 14, Code of 
    Federal Regulations.
        (B) ``mechanic'' means an individual who holds a mechanic 
    certificate issued under part 65 of title 14, Code of Federal 
    Regulations.
        (C) ``pilot'' means an individual who holds a pilot certificate 
    issued under part 61 of title 14, Code of Federal Regulations.
        (D) ``repairman'' means an individual who holds a repairman 
    certificate issued under part 65 of title 14, Code of Federal 
    Regulations.
    (2) The Administrator of the Federal Aviation Administration may 
impose a civil penalty for a violation of chapter 401 (except sections 
40103(a) and (d), 40105, 40106(b), 40116, and 40117), chapter 441 
(except section 44109), or section 44701(a) or (b), 44702-44716, 44901, 
44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912-44915, 44932-
44938, 46302, or 46303 of this title or a regulation prescribed or 
order issued under any of those provisions. The Administrator shall 
give written notice of the finding of a violation and the penalty.
    (3) In a civil action to collect a civil penalty imposed by the 
Administrator under this subsection, the issues of liability and the 
amount of the penalty may not be reexamined.
    (4) Notwithstanding paragraph (2) of this subsection, the district 
courts of the United States have exclusive jurisdiction of a civil 
action involving a penalty the Administrator initiates if--
        (A) the amount in controversy is more than $50,000;
        (B) the action is in rem or another action in rem based on the 
    same violation has been brought;
        (C) the action involves an aircraft subject to a lien that has 
    been seized by the Government; or
        (D) another action has been brought for an injunction based on 
    the same violation.
    (5)(A) The Administrator may issue an order imposing a penalty 
under this subsection against an individual acting as a pilot, flight 
engineer, mechanic, or repairman only after advising the individual of 
the charges or any reason the Administrator relied on for the proposed 
penalty and providing the individual an opportunity to answer the 
charges and be heard about why the order shall not be issued.
    (B) An individual acting as a pilot, flight engineer, mechanic, or 
repairman may appeal an order imposing a penalty under this subsection 
to the National Transportation Safety Board. After notice and an 
opportunity for a hearing on the record, the Board shall affirm, 
modify, or reverse the order. The Board may modify a civil penalty 
imposed to a suspension or revocation of a certificate.
    (C) When conducting a hearing under this paragraph, the Board is 
not bound by findings of fact of the Administrator but is bound by all 
validly adopted interpretations of laws and regulations the 
Administrator carries out and of written agency policy guidance 
available to the public related to sanctions to be imposed under this 
section unless the Board finds an interpretation is arbitrary, 
capricious, or otherwise not according to law.
    (D) When an individual files an appeal with the Board under this 
paragraph, the order of the Administrator is stayed.
    (6) An individual substantially affected by an order of the Board 
under paragraph (5) of this subsection, or the Administrator when the 
Administrator decides that an order of the Board under paragraph (5) 
will have a significant adverse impact on carrying out this part, may 
obtain judicial review of the order under section 46110 of this title. 
The Administrator shall be made a party to the judicial review 
proceedings. Findings of fact of the Board are conclusive if supported 
by substantial evidence.
    (7)(A) The Administrator may impose a penalty on an individual 
(except an individual acting as a pilot, flight engineer, mechanic, or 
repairman) only after notice and an opportunity for a hearing on the 
record.
    (B) In an appeal from a decision of an administrative law judge as 
the result of a hearing under subparagraph (A) of this paragraph, the 
Administrator shall consider only whether--
        (i) each finding of fact is supported by a preponderance of 
    reliable, probative, and substantial evidence;
        (ii) each conclusion of law is made according to applicable 
    law, precedent, and public policy; and
        (iii) the judge committed a prejudicial error that supports the 
    appeal.
    (C) Except for good cause, a civil action involving a penalty under 
this paragraph may not be initiated later than 2 years after the 
violation occurs.
    (8) The maximum civil penalty the Administrator or Board may impose 
under this subsection is $50,000.
    (9) This subsection applies only to a violation occurring after 
August 25, 1992.
    (e) Penalty Considerations.--In determining the amount of a civil 
penalty under subsection (a)(3) of this section related to 
transportation of hazardous material, the Secretary shall consider--
        (1) the nature, circumstances, extent, and gravity of the 
    violation;
        (2) with respect to the violator, the degree of culpability, 
    any history of prior violations, the ability to pay, and any effect 
    on the ability to continue doing business; and
        (3) other matters that justice requires.
    (f) Compromise and Setoff.--(1)(A) The Secretary may compromise the 
amount of a civil penalty imposed for violating--
        (i) chapter 401 (except sections 40103(a) and (d), 40105, 
    40116, and 40117), chapter 441 (except section 44109), or section 
    44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 44906, 
    44907(d)(1)(B), 44912-44915, or 44932-44938 of this title; or
        (ii) a regulation prescribed or order issued under any 
    provision to which clause (i) of this subparagraph applies.
    (B) The Postal Service may compromise the amount of a civil penalty 
imposed under subsection (a)(1)(D) of this section.
    (2) The Government may deduct the amount of a civil penalty imposed 
or compromised under this subsection from amounts it owes the person 
liable for the penalty.
    (g) Judicial Review.--An order of the Secretary imposing a civil 
penalty may be reviewed judicially only under section 46110 of this 
title.
    (h) Nonapplication.--(1) This section does not apply to the 
following when performing official duties:
        (A) a member of the armed forces of the United States.
        (B) a civilian employee of the Department of Defense subject to 
    the Uniform Code of Military Justice.
    (2) The appropriate military authority is responsible for taking 
necessary disciplinary action and submitting to the Secretary (or the 
Administrator with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) a timely report on 
action taken.

Sec. 46302. False information

    (a) Civil Penalty.--A person that, knowing the information to be 
false, gives, or causes to be given, under circumstances in which the 
information reasonably may be believed, false information about an 
alleged attempt being made or to be made to do an act that would 
violate section 46502(a), 46504, 46505, or 46506 of this title, is 
liable to the United States Government for a civil penalty of not more 
than $10,000 for each violation.
    (b) Compromise and Setoff.--(1) The Secretary of Transportation may 
compromise the amount of a civil penalty imposed under subsection (a) 
of this section.
    (2) The Government may deduct the amount of a civil penalty imposed 
or compromised under this section from amounts it owes the person 
liable for the penalty.

Sec. 46303. Carrying a weapon

    (a) Civil Penalty.--An individual who, when on, or attempting to 
board, an aircraft in, or intended for operation in, air transportation 
or intrastate air transportation, has on or about the individual or the 
property of the individual a concealed dangerous weapon that is or 
would be accessible to the individual in flight is liable to the United 
States Government for a civil penalty of not more than $10,000 for each 
violation.
    (b) Compromise and Setoff.--(1) The Secretary of Transportation may 
compromise the amount of a civil penalty imposed under subsection (a) 
of this section.
    (2) The Government may deduct the amount of a civil penalty imposed 
or compromised under this section from amounts it owes the individual 
liable for the penalty.
    (c) Nonapplication.--This section does not apply to--
        (1) a law enforcement officer of a State or political 
    subdivision of a State, or an officer or employee of the 
    Government, authorized to carry arms in an official capacity; or
        (2) another individual the Administrator of the Federal 
    Aviation Administration by regulation authorizes to carry arms in 
    an official capacity.

Sec. 46304. Liens on aircraft

    (a) Aircraft Subject to Liens.--When an aircraft is involved in a 
violation referred to in section 46301(a)(1)(A)-(C), (2), or (3) of 
this title and the violation is by the owner of, or individual 
commanding, the aircraft, the aircraft is subject to a lien for the 
civil penalty.
    (b) Seizure.--An aircraft subject to a lien under this section may 
be seized summarily and placed in the custody of a person authorized to 
take custody of it under regulations of the Secretary of Transportation 
(or the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be carried 
out by the Administrator). A report on the seizure shall be submitted 
to the Attorney General. The Attorney General promptly shall bring a 
civil action in rem to enforce the lien or notify the Secretary or 
Administrator that the action will not be brought.
    (c) Release.--An aircraft seized under subsection (b) of this 
section shall be released from custody when--
        (1) the civil penalty is paid;
        (2) a compromise amount agreed on is paid;
        (3) the aircraft is seized under a civil action in rem to 
    enforce the lien;
        (4) the Attorney General gives notice that a civil action will 
    not be brought under subsection (b) of this section; or
        (5) a bond (in an amount and with a surety the Secretary or 
    Administrator prescribes), conditioned on payment of the penalty or 
    compromise, is deposited with the Secretary or Administrator.

Sec. 46305. Actions to recover civil penalties

    A civil penalty under this chapter may be collected by bringing a 
civil action against the person subject to the penalty, a civil action 
in rem against an aircraft subject to a lien for a penalty, or both. 
The action shall conform as nearly as practicable to a civil action in 
admiralty, regardless of the place an aircraft in a civil action in rem 
is seized. However, a party may demand a jury trial of an issue of fact 
in an action involving a civil penalty under this chapter (except a 
penalty imposed by the Secretary of Transportation that formerly was 
imposed by the Civil Aeronautics Board) if the value of the matter in 
controversy is more than $20. Issues of fact tried by a jury may be 
reexamined only under common law rules.

Sec. 46306. Registration violations involving aircraft not providing 
            air transportation

    (a) Application.--This section applies only to aircraft not used to 
provide air transportation.
    (b) General Criminal Penalty.--Except as provided by subsection (c) 
of this section, a person shall be fined under title 18, imprisoned for 
not more than 3 years, or both, if the person--
        (1) knowingly and willfully forges or alters a certificate 
    authorized to be issued under this part;
         (2) knowingly sells, uses, attempts to use, or possesses with 
    the intent to use, such a certificate;
        (3) knowingly and willfully displays or causes to be displayed 
    on an aircraft a mark that is false or misleading about the 
    nationality or registration of the aircraft;
        (4) obtains a certificate authorized to be issued under this 
    part by knowingly and willfully falsifying or concealing a material 
    fact, making a false, fictitious, or fraudulent statement, or 
    making or using a false document knowing it contains a false, 
    fictitious, or fraudulent statement or entry;
        (5) owns an aircraft eligible for registration under section 
    44102 of this title and knowingly and willfully operates, attempts 
    to operate, or allows another person to operate the aircraft when--
            (A) the aircraft is not registered under section 44103 of 
        this title or the certificate of registration is suspended or 
        revoked; or
            (B) the owner knows or has reason to know that the other 
        person does not have proper authorization to operate or 
        navigate the aircraft without registration for a period of time 
        after transfer of ownership;
        (6) knowingly and willfully operates or attempts to operate an 
    aircraft eligible for registration under section 44102 of this 
    title knowing that--
            (A) the aircraft is not registered under section 44103 of 
        this title;
            (B) the certificate of registration is suspended or 
        revoked; or
            (C) the person does not have proper authorization to 
        operate or navigate the aircraft without registration for a 
        period of time after transfer of ownership;
        (7) knowingly and willfully serves or attempts to serve in any 
    capacity as an airman without an airman's certificate authorizing 
    the individual to serve in that capacity;
        (8) knowingly and willfully employs for service or uses in any 
    capacity as an airman an individual who does not have an airman's 
    certificate authorizing the individual to serve in that capacity; 
    or
        (9) operates an aircraft with a fuel tank or fuel system that 
    has been installed or modified knowing that the tank, system, 
    installation, or modification does not comply with regulations and 
    requirements of the Administrator of the Federal Aviation 
    Administration.
    (c) Controlled Substance Criminal Penalty.--(1) In this subsection, 
``controlled substance'' has the same meaning given that term in 
section 102 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802).
    (2) A person violating subsection (b) of this section shall be 
fined under title 18, imprisoned for not more than 5 years, or both, if 
the violation is related to transporting a controlled substance by 
aircraft or aiding or facilitating a controlled substance violation and 
the transporting, aiding, or facilitating--
        (A) is punishable by death or imprisonment of more than one 
    year under a law of the United States or a State; or
        (B) provided is related to an act punishable by death or 
    imprisonment for more than one year under a law of the United 
    States or a State related to a controlled substance (except a law 
    related to simple possession of a controlled substance).
    (3) A term of imprisonment imposed under paragraph (2) of this 
subsection shall be served in addition to, and not concurrently with, 
any other term of imprisonment imposed on the individual.
    (d) Seizure and Forfeiture.--(1) The Administrator of Drug 
Enforcement or the Commissioner of Customs may seize and forfeit under 
the customs laws an aircraft whose use is related to a violation of 
subsection (b) of this section, or to aid or facilitate a violation, 
regardless of whether a person is charged with the violation.
    (2) An aircraft's use is presumed to have been related to a 
violation of, or to aid or facilitate a violation of--
        (A) subsection (b)(1) of this section if the aircraft 
    certificate of registration has been forged or altered;
        (B) subsection (b)(3) of this section if there is an external 
    display of false or misleading registration numbers or country of 
    registration;
        (C) subsection (b)(4) of this section if--
            (i) the aircraft is registered to a false or fictitious 
        person; or
            (ii) the application form used to obtain the aircraft 
        certificate of registration contains a material false 
        statement;
        (D) subsection (b)(5) of this section if the aircraft was 
    operated when it was not registered under section 44103 of this 
    title; or
        (E) subsection (b)(9) of this section if the aircraft has a 
    fuel tank or fuel system that was installed or altered--
            (i) in violation of a regulation or requirement of the 
        Administrator of the Federal Aviation Administration; or
            (ii) if a certificate required to be issued for the 
        installation or alteration is not carried on the aircraft.
    (3) The Administrator of the Federal Aviation Administration, the 
Administrator of Drug Enforcement, and the Commissioner shall agree to 
a memorandum of understanding to establish procedures to carry out this 
subsection.
    (e) Relationship to State Laws.--This part does not prevent a State 
from establishing a criminal penalty, including providing for 
forfeiture and seizure of aircraft, for a person that--
        (1) knowingly and willfully forges or alters an aircraft 
    certificate of registration;
        (2) knowingly sells, uses, attempts to use, or possesses with 
    the intent to use, a fraudulent aircraft certificate of 
    registration;
        (3) knowingly and willfully displays or causes to be displayed 
    on an aircraft a mark that is false or misleading about the 
    nationality or registration of the aircraft; or
        (4) obtains an aircraft certificate of registration from the 
    Administrator of the Federal Aviation Administration by--
            (A) knowingly and willfully falsifying or concealing a 
        material fact;
            (B) making a false, fictitious, or fraudulent statement; or
            (C) making or using a false document knowing it contains a 
        false, fictitious, or fraudulent statement or entry.

Sec. 46307. Violation of national defense airspace

    A person that knowingly or willfully violates section 40103(b)(3) 
of this title or a regulation prescribed or order issued under section 
40103(b)(3) shall be fined under title 18, imprisoned for not more than 
one year, or both.

Sec. 46308. Interference with air navigation

    A person shall be fined under title 18, imprisoned for not more 
than 5 years, or both, if the person--
        (1) with intent to interfere with air navigation in the United 
    States, exhibits in the United States a light or signal at a place 
    or in a way likely to be mistaken for a true light or signal 
    established under this part or for a true light or signal used at 
    an air navigation facility;
        (2) after a warning from the Administrator of the Federal 
    Aviation Administration, continues to maintain a misleading light 
    or signal; or
        (3) knowingly interferes with the operation of a true light or 
    signal.

Sec. 46309. Concession and price violations

    (a) Criminal Penalty for Offering, Granting, Giving, or Helping To 
Obtain Concessions and Lower Prices.--An air carrier, foreign air 
carrier, ticket agent, or officer, agent, or employee of an air 
carrier, foreign air carrier, or ticket agent shall be fined under 
title 18 if the air carrier, foreign air carrier, ticket agent, 
officer, agent, or employee--
        (1) knowingly and willfully offers, grants, or gives, or causes 
    to be offered, granted, or given, a rebate or other concession in 
    violation of this part; or
        (2) by any means knowingly and willfully assists, or willingly 
    allows, a person to obtain transportation or services subject to 
    this part at less than the price lawfully in effect.
    (b) Criminal Penalty for Receiving Rebates, Privileges, and 
Facilities.--A person shall be fined under title 18 if the person by 
any means--
        (1) knowingly and willfully solicits, accepts, or receives a 
    rebate of a part of a price lawfully in effect for the foreign air 
    transportation of property, or a service related to the foreign air 
    transportation; or
        (2) knowingly solicits, accepts, or receives a privilege or 
    facility related to a matter the Secretary of Transportation 
    requires be specified in a currently effective tariff applicable to 
    the foreign air transportation of property.

Sec. 46310. Reporting and recordkeeping violations

    (a) General Criminal Penalty.--An air carrier or an officer, agent, 
or employee of an air carrier shall be fined under title 18 for 
intentionally--
        (1) failing to make a report or keep a record under this part;
        (2) falsifying, mutilating, or altering a report or record 
    under this part; or
        (3) filing a false report or record under this part.
    (b) Safety Regulation Criminal Penalty.--An air carrier or an 
officer, agent, or employee of an air carrier shall be fined under 
title 18, imprisoned for not more than 5 years, or both, for 
intentionally falsifying or concealing a material fact, or inducing 
reliance on a false statement of material fact, in a report or record 
under section 44701(a) or (b) or 44702-44716 of this title.

Sec. 46311. Unlawful disclosure of information

     (a) Criminal Penalty.--The Secretary of Transportation, the 
Administrator of the Federal Aviation Administration with respect to 
aviation safety duties and powers designated to be carried out by the 
Administrator, or an officer or employee of the Secretary or 
Administrator shall be fined under title 18, imprisoned for not more 
than 2 years, or both, if the Secretary, Administrator, officer, or 
employee knowingly and willfully discloses information that--
        (1) the Secretary, Administrator, officer, or employee acquires 
    when inspecting the records of an air carrier; or
        (2) is withheld from public disclosure under section 40115 of 
    this title.
    (b) Nonapplication.--Subsection (a) of this section does not apply 
if--
        (1) the officer or employee is directed by the Secretary or 
    Administrator to disclose information that the Secretary or 
    Administrator had ordered withheld; or
        (2) the Secretary, Administrator, officer, or employee is 
    directed by a court of competent jurisdiction to disclose the 
    information.
    (c) Withholding Information From Congress.--This section does not 
authorize the Secretary or Administrator to withhold information from a 
committee of Congress authorized to have the information.

Sec. 46312. Transporting hazardous material

    A person shall be fined under title 18, imprisoned for not more 
than 5 years, or both, if the person, in violation of a regulation or 
requirement related to the transportation of hazardous material 
prescribed by the Secretary of Transportation under this part--
        (1) willfully delivers, or causes to be delivered, property 
    containing hazardous material to an air carrier or to an operator 
    of a civil aircraft for transportation in air commerce; or
        (2) recklessly causes the transportation in air commerce of the 
    property.

Sec. 46313. Refusing to appear or produce records

    A person not obeying a subpena or requirement of the Secretary of 
Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) to appear and 
testify or produce records shall be fined under title 18, imprisoned 
for not more than one year, or both.

Sec. 46314. Entering aircraft or airport area in violation of security 
            requirements

    (a) Prohibition.--A person may not knowingly and willfully enter, 
in violation of security requirements prescribed under section 44901, 
44903(b) or (c), or 44906 of this title, an aircraft or an airport area 
that serves an air carrier or foreign air carrier.
    (b) Criminal Penalty.--(1) A person violating subsection (a) of 
this section shall be fined under title 18, imprisoned for not more 
than one year, or both.
    (2) A person violating subsection (a) of this section with intent 
to commit, in the aircraft or airport area, a felony under a law of the 
United States or a State shall be fined under title 18, imprisoned for 
not more than 10 years, or both.

Sec. 46315. Lighting violations involving transporting controlled 
            substances by aircraft not providing air transportation

    (a) Application.--This section applies only to aircraft not used to 
provide air transportation.
    (b) Criminal Penalty.--A person shall be fined under title 18, 
imprisoned for not more than 5 years, or both, if--
        (1) the person knowingly and willfully operates an aircraft in 
    violation of a regulation or requirement of the Administrator of 
    the Federal Aviation Administration related to the display of 
    navigation or anticollision lights;
        (2) the person is knowingly transporting a controlled substance 
    by aircraft or aiding or facilitating a controlled substance 
    offense; and
        (3) the transporting, aiding, or facilitating--
            (A) is punishable by death or imprisonment for more than 
        one year under a law of the United States or a State; or
            (B) is provided in connection with an act punishable by 
        death or imprisonment for more than one year under a law of the 
        United States or a State related to a controlled substance 
        (except a law related to simple possession of a controlled 
        substance).

Sec. 46316. General criminal penalty when specific penalty not provided

    (a) Criminal Penalty.--Except as provided by subsection (b) of this 
section, when another criminal penalty is not provided under this 
chapter, a person that knowingly and willfully violates this part, a 
regulation prescribed or order issued by the Secretary of 
Transportation (or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) under this part, or 
any term of a certificate or permit issued under section 41102, 41103, 
or 41302 of this title shall be fined under title 18. A separate 
violation occurs for each day the violation continues.
    (b) Nonapplication.--Subsection (a) of this section does not apply 
to chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 
40117), chapter 441 (except section 44109), chapter 445, and sections 
44701(a) and (b), 44702-44716, 44901, 44903(b) and (c), 44905, 44906, 
44912-44915, and 44932-44938 of this title.

    CHAPTER 465--SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

Sec.
46501.  Definitions.
46502.  Aircraft piracy.
46503.  Death penalty sentencing procedure for aircraft piracy.
46504.  Interference with flight crew members and attendants.
46505.  Carrying a weapon or explosive on an aircraft.
46506.  Application of certain criminal laws to acts on aircraft.
46507.  False information and threats.

Sec. 46501. Definitions

    In this chapter--
        (1) ``aircraft in flight'' means an aircraft from the moment 
    all external doors are closed following boarding--
            (A) through the moment when one external door is opened to 
        allow passengers to leave the aircraft; or
            (B) until, if a forced landing, competent authorities take 
        over responsibility for the aircraft and individuals and 
        property on the aircraft.
        (2) ``special aircraft jurisdiction of the United States'' 
    includes any of the following aircraft in flight:
            (A) a civil aircraft of the United States.
            (B) an aircraft of the armed forces of the United States.
            (C) another aircraft in the United States.
            (D) another aircraft outside the United States--
                (i) that has its next scheduled destination or last 
            place of departure in the United States, if the aircraft 
            next lands in the United States;
                (ii) on which an individual commits an offense (as 
            defined in the Convention for the Suppression of Unlawful 
            Seizure of Aircraft) if the aircraft lands in the United 
            States with the individual still on the aircraft; or
                (iii) against which an individual commits an offense 
            (as defined in subsection (d) or (e) of article I, section 
            I of the Convention for the Suppression of Unlawful Acts 
            against the Safety of Civil Aviation) if the aircraft lands 
            in the United States with the individual still on the 
            aircraft.
            (E) any other aircraft leased without crew to a lessee 
        whose principal place of business is in the United States or, 
        if the lessee does not have a principal place of business, 
        whose permanent residence is in the United States.
        (3) an individual commits an offense (as defined in the 
    Convention for the Suppression of Unlawful Seizure of Aircraft) 
    when the individual, when on an aircraft in flight--
            (A) by any form of intimidation, unlawfully seizes, 
        exercises control of, or attempts to seize or exercise control 
        of, the aircraft; or
            (B) is an accomplice of an individual referred to in 
        subclause (A) of this clause.

Sec. 46502. Aircraft piracy

    (a) In Special Aircraft Jurisdiction.--(1) In this subsection--
        (A) ``aircraft piracy'' means seizing or exercising control of 
    an aircraft in the special aircraft jurisdiction of the United 
    States by force, violence, threat of force or violence, or any form 
    of intimidation, and with wrongful intent.
        (B) an attempt to commit aircraft piracy is in the special 
    aircraft jurisdiction of the United States although the aircraft is 
    not in flight at the time of the attempt if the aircraft would have 
    been in the special aircraft jurisdiction of the United States had 
    the aircraft piracy been completed.
    (2) An individual committing or attempting to commit aircraft 
piracy--
        (A) shall be imprisoned for at least 20 years; or
        (B) if the death of another individual results from the 
    commission or attempt, shall be put to death or imprisoned for 
    life.
    (b) Outside Special Aircraft Jurisdiction.--(1) An individual 
committing an offense (as defined in the Convention for the Suppression 
of Unlawful Seizure of Aircraft) on an aircraft in flight outside the 
special aircraft jurisdiction of the United States and later found in 
the United States--
        (A) shall be imprisoned for at least 20 years; or
        (B) if the death of another individual results from the 
    commission or attempt, shall be put to death or imprisoned for 
    life.
    (2) This subsection applies only if the place of takeoff or landing 
of the aircraft on which the individual commits the offense is located 
outside the territory of the country of registration of the aircraft.

Sec. 46503. Death penalty sentencing procedure for aircraft piracy

    (a) Government Stipulations.--An individual convicted of violating 
section 46502 of this title may not be sentenced to death if the United 
States Government stipulates that at least one of the mitigating 
factors specified in subsection (c)(1) of this section exists or none 
of the aggravating factors specified in subsection (c)(2) of this 
section exists. If the Government does not stipulate, the judge 
presiding at the trial or accepting the guilty plea of the individual 
shall hold a separate hearing to decide on the punishment to be 
imposed.
    (b) Punishment Hearings.--(1) The hearing under this section shall 
be conducted--
        (A) before the jury that found the defendant guilty;
        (B) before a jury impaneled for the hearing when--
            (i) the defendant was convicted by a guilty plea;
            (ii) the defendant was convicted by a judge without a jury; 
        or
            (iii) the jury finding the defendant guilty was discharged 
        by the judge for good cause; or
        (C) before the judge, on motion of the defendant and with the 
    approval of the judge and the Government.
    (2) At the hearing, the judge shall disclose to the defendant or 
counsel for the defendant all material contained in any presentence 
report, except material the judge decides is required to be withheld to 
protect human life or national security. Presentence information 
withheld from the defendant may not be considered in deciding whether 
the factors specified in subsection (c) of this section exist.
    (3) Information relevant to the mitigating factors specified in 
subsection (c)(1) of this section may be presented by the Government or 
the defendant without regard to the rules governing the admissibility 
of evidence at criminal trials. The burden of establishing the 
existence of a mitigating factor specified in subsection (c)(1) is on 
the defendant.
    (4) Information relevant to the aggravating factors specified in 
subsection (c)(2) of this section is admissible only under rules 
governing the admissibility of evidence at criminal trials. The burden 
of establishing the existence of an aggravating factor specified in 
subsection (c)(2) is on the Government.
    (5) The Government and the defendant may rebut information 
presented at the hearing. They shall be given an opportunity to present 
arguments on the adequacy of the information to establish the existence 
of the factors specified in subsection (c) of this section.
    (c) Mitigating and Aggravating Factors.--(1) The judge may not 
impose the death penalty on a defendant if the jury or, if there is no 
jury, the judge finds under this section that at the time of the 
violation of section 46502 of this title--
        (A) the defendant was not yet 18 years of age;
        (B) the capacity of the defendant to appreciate the 
    wrongfulness of the defendant's conduct or to conform the 
    defendant's conduct to the requirements of law was impaired 
    significantly, but the capacity was not impaired sufficiently to be 
    a defense to prosecution;
        (C) the defendant was under unusual and substantial duress, but 
    the duress was not sufficient to be a defense to prosecution;
        (D) the defendant was a principal (as defined in section 2(a) 
    of title 18) in a violation committed by another individual, but 
    the participation of the defendant was relatively minor, although 
    not sufficiently minor to be a defense to prosecution; or
        (E) the defendant reasonably could not have foreseen that the 
    conduct of the defendant in the violation would cause or create a 
    grave risk of causing death to another individual.
    (2) If none of the factors specified in paragraph (1) of this 
subsection exists, the judge shall impose the death penalty on the 
defendant if the jury or, if there is no jury, the judge finds under 
this section that--
        (A) the death of another individual resulted from the violation 
    after the defendant had seized or exercised control of the 
    aircraft; or
        (B) the death of another individual resulted from the violation 
    and--
            (i) the defendant has been convicted of another United 
        States or State offense (committed before or at the time of the 
        violation) for which punishment of life imprisonment or death 
        could be imposed;
            (ii) the defendant has been convicted of at least 2 United 
        States or State offenses with a penalty of more than one year 
        of imprisonment (committed on different occasions before the 
        time of the violation) that involved inflicting serious bodily 
        injury on another individual;
            (iii) in committing the violation, the defendant knowingly 
        created a grave risk of death to an individual in addition to 
        the individual whose death resulted from the violation; or
            (iv) the defendant committed the violation in an especially 
        heinous, cruel, or depraved manner.
    (d) Death Penalty Requirements.--(1) If the jury or, if there is no 
jury, the judge finds by a preponderance of the information that none 
of the mitigating factors specified in subsection (c)(1) of this 
section exists and that at least one of the aggravating factors 
specified in subsection (c)(2) of this section exists, the judge shall 
impose the death penalty on the defendant. If the jury or judge finds 
that at least one of the mitigating factors specified in subsection 
(c)(1) exists, or that none of the aggravating factors specified in 
subsection (c)(2) exists, the judge may not impose the death penalty on 
the defendant but shall impose another penalty provided for the 
defendant's violation of section 46502 of this title.
    (2) The jury or, if there is no jury, the judge shall return a 
special verdict containing findings on whether each of the factors 
specified in subsection (c) of this section exists.

Sec. 46504. Interference with flight crew members and attendants

    An individual on an aircraft in the special aircraft jurisdiction 
of the United States who, by assaulting or intimidating a flight crew 
member or flight attendant of the aircraft, interferes with the 
performance of the duties of the member or attendant or lessens the 
ability of the member or attendant to perform those duties, shall be 
fined under title 18, imprisoned for not more than 20 years, or both. 
However, if a dangerous weapon is used in assaulting or intimidating 
the member or attendant, the individual shall be imprisoned for any 
term of years or for life.

Sec. 46505. Carrying a weapon or explosive on an aircraft

    (a) Definition.--In this section, ``loaded firearm'' means a 
starter gun or a weapon designed or converted to expel a projectile 
through an explosive, that has a cartridge, a detonator, or powder in 
the chamber, magazine, cylinder, or clip.
    (b) General Criminal Penalty.--An individual shall be fined under 
title 18, imprisoned for not more than one year, or both, if the 
individual--
        (1) when on, or attempting to get on, an aircraft in, or 
    intended for operation in, air transportation or intrastate air 
    transportation, has on or about the individual or the property of 
    the individual a concealed dangerous weapon that is or would be 
    accessible to the individual in flight;
        (2) has placed, attempted to place, or attempted to have placed 
    a loaded firearm on that aircraft in property not accessible to 
    passengers in flight; or
        (3) has on or about the individual, or has placed, attempted to 
    place, or attempted to have placed on that aircraft, an explosive 
    or incendiary device.
    (c) Criminal Penalty Involving Disregard for Human Life.--An 
individual who willfully and without regard for the safety of human 
life, or with reckless disregard for the safety of human life, violates 
subsection (b) of this section, shall be fined under title 18, 
imprisoned for not more than 5 years, or both.
    (d) Nonapplication.--Subsection (b)(1) of this section does not 
apply to--
        (1) a law enforcement officer of a State or political 
    subdivision of a State, or an officer or employee of the United 
    States Government, authorized to carry arms in an official 
    capacity;
        (2) another individual the Administrator of the Federal 
    Aviation Administration by regulation authorizes to carry a 
    dangerous weapon in air transportation or intrastate air 
    transportation; or
        (3) an individual transporting a weapon (except a loaded 
    firearm) in baggage not accessible to a passenger in flight if the 
    air carrier was informed of the presence of the weapon.

Sec. 46506. Application of certain criminal laws to acts on aircraft

    An individual on an aircraft in the special aircraft jurisdiction 
of the United States who commits an act that--
        (1) if committed in the special maritime and territorial 
    jurisdiction of the United States (as defined in section 7 of title 
    18) would violate section 113, 114, 661, 662, 1111, 1112, 1113, or 
    2111 or chapter 109A of title 18, shall be fined under title 18, 
    imprisoned under that section or chapter, or both; or
        (2) if committed in the District of Columbia would violate 
    section 9 of the Act of July 29, 1892 (D.C. Code Sec. 22-1112), 
    shall be fined under title 18, imprisoned under section 9 of the 
    Act, or both.

Sec. 46507. False information and threats

    An individual shall be fined under title 18, imprisoned for not 
more than 5 years, or both, if the individual--
        (1) knowing the information to be false, willfully and 
    maliciously or with reckless disregard for the safety of human 
    life, gives, or causes to be given, under circumstances in which 
    the information reasonably may be believed, false information about 
    an alleged attempt being made or to be made to do an act that would 
    violate section 46502(a), 46504, 46505, or 46506 of this title; or
        (2)(A) threatens to violate section 46502(a), 46504, 46505, or 
    46506 of this title, or causes a threat to violate any of those 
    sections to be made; and
        (B) has the apparent determination and will to carry out the 
    threat.

                 PART B--AIRPORT DEVELOPMENT AND NOISE

                    CHAPTER 471--AIRPORT DEVELOPMENT

                    SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec.
47101.  Policies.
47102.  Definitions.
47103.  National plan of integrated airport systems.
47104.  Project grant authority.
47105.  Project grant applications.
47106.  Project grant application approval conditioned on satisfaction 
          of project requirements.
47107.  Project grant application approval conditioned on assurances 
          about airport operations.
47108.  Project grant agreements.
47109.  United States Government's share of project costs.
47110.  Allowable project costs.
47111.  Payments under project grant agreements.
47112.  Carrying out airport development projects.
47113.  Minority and disadvantaged business participation.
47114.  Apportionments.
47115.  Discretionary fund.
47116.  Small airport fund.
47117.  Use of apportioned amounts.
47118.  Designating current and former military airports.
47119.  Terminal development costs.
47120.  Grant priority.
47121.  Records and audits.
47122.  Administrative.
47123.  Nondiscrimination.
47124.  Agreements for State and local operation of airport facilities.
47125.  Conveyances of United States Government land.
47126.  Criminal penalties for false statements.
47127.  Ground transportation demonstration projects.
47128.  State block grant pilot program.
47129.  Annual report.

           SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS

47151.  Authority to transfer an interest in surplus property.
47152.  Terms of gifts.
47153.  Waiving and adding terms.

                   SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec. 47101. Policies

    (a) General.--It is the policy of the United States--
        (1) that the safe operation of the airport and airway system is 
    the highest aviation priority;
        (2) that aviation facilities be constructed and operated to 
    minimize current and projected noise impact on nearby communities;
        (3) to give special emphasis to developing reliever airports;
        (4) that appropriate provisions should be made to make the 
    development and enhancement of cargo hub airports easier;
        (5) to encourage the development of transportation systems that 
    use various modes of transportation in a way that will serve the 
    States and local communities efficiently and effectively;
        (6) that airport development projects under this subchapter 
    provide for the protection and enhancement of natural resources and 
    the quality of the environment of the United States;
        (7) that airport construction and improvement projects that 
    increase the capacity of facilities to accommodate passenger and 
    cargo traffic be undertaken to the maximum feasible extent so that 
    safety and efficiency increase and delays decrease;
        (8) to ensure that nonaviation usage of the navigable airspace 
    be accommodated but not allowed to decrease the safety and capacity 
    of the airspace and airport system;
        (9) that artificial restrictions on airport capacity--
            (A) are not in the public interest;
            (B) should be imposed to alleviate air traffic delays only 
        after other reasonably available and less burdensome 
        alternatives have been tried; and
            (C) should not discriminate unjustly between categories and 
        classes of aircraft; and
        (10) that special emphasis should be placed on converting 
    appropriate former military air bases to civil use and identifying 
    and improving additional joint-use facilities.
    (b) National Transportation Policy.--(1) It is a goal of the United 
States to develop a national intermodal transportation system that 
transports passengers and property in an efficient manner. The future 
economic direction of the United States depends on its ability to 
confront directly the enormous challenges of the global economy, 
declining productivity growth, energy vulnerability, air pollution, and 
the need to rebuild the infrastructure of the United States.
    (2) United States leadership in the world economy, the expanding 
wealth of the United States, the competitiveness of the industry of the 
United States, the standard of living, and the quality of life are at 
stake.
    (3) A national intermodal transportation system is a coordinated, 
flexible network of diverse but complementary forms of transportation 
that transports passengers and property in the most efficient manner. 
By reducing transportation costs, these intermodal systems will enhance 
the ability of the industry of the United States to compete in the 
global marketplace.
    (4) All forms of transportation, including aviation and other 
transportation systems of the future, will be full partners in the 
effort to reduce energy consumption and air pollution while promoting 
economic development.
    (5) An intermodal transportation system consists of transportation 
hubs that connect different forms of appropriate transportation and 
provides users with the most efficient means of transportation and with 
access to commercial centers, business locations, population centers, 
and the vast rural areas of the United States, as well as providing 
links to other forms of transportation and to intercity connections.
    (6) Intermodality and flexibility are paramount issues in the 
process of developing an integrated system that will obtain the optimum 
yield of United States resources.
    (7) The United States transportation infrastructure must be 
reshaped to provide the economic underpinnings for the United States to 
compete in the 21st century global economy. The United States can no 
longer rely on the sheer size of its economy to dominate international 
economic rivals and must recognize fully that its economy is no longer 
a separate entity but is part of the global marketplace. The future 
economic prosperity of the United States depends on its ability to 
compete in an international marketplace that is teeming with 
competitors but in which a full one-quarter of the economic activity of 
the United States takes place.
    (8) The United States must make a national commitment to rebuild 
its infrastructure through development of a national intermodal 
transportation system. The United States must provide the foundation 
for its industries to improve productivity and their ability to compete 
in the global economy with a system that will transport passengers and 
property in an efficient manner.
    (c) Capacity Expansion and Noise Abatement.--It is in the public 
interest to recognize the effects of airport capacity expansion 
projects on aircraft noise. Efforts to increase capacity through any 
means can have an impact on surrounding communities. Noncompatible land 
uses around airports must be reduced and efforts to mitigate noise must 
be given a high priority.
    (d) Consistency With Air Commerce and Safety Policies.--Each 
airport and airway program should be carried out consistently with 
section 40101(a), (b), (d), and (f) of this title to foster 
competition, prevent unfair methods of competition in air 
transportation, maintain essential air transportation, and prevent 
unjust and discriminatory practices, including as the practices may be 
applied between categories and classes of aircraft.
    (e) Adequacy of Navigation Aids and Airport Facilities.--This 
subchapter should be carried out to provide adequate navigation aids 
and airport facilities for places at which scheduled commercial air 
service is provided. The facilities provided may include--
        (1) reliever airports; and
        (2) heliports designated by the Secretary of Transportation to 
    relieve congestion at commercial service airports by diverting 
    aircraft passengers from fixed-wing aircraft to helicopter 
    carriers.
    (f) Maximum Use of Safety Facilities.--This subchapter should be 
carried out consistently with a comprehensive airspace system plan, 
giving highest priority to commercial service airports, to maximize the 
use of safety facilities, including installing, operating, and 
maintaining, to the extent possible with available money and 
considering other safety needs--
        (1) electronic or visual vertical guidance on each runway;
        (2) grooving or friction treatment of each primary and 
    secondary runway;
        (3) distance-to-go signs for each primary and secondary runway;
        (4) a precision approach system, a vertical visual guidance 
    system, and a full approach light system for each primary runway;
        (5) a nonprecision instrument approach for each secondary 
    runway;
        (6) runway end identifier lights on each runway that does not 
    have an approach light system;
        (7) a surface movement radar system at each category III 
    airport;
        (8) a taxiway lighting and sign system;
        (9) runway edge lighting and marking; and
        (10) radar approach coverage for each airport terminal area.
    (g) Cooperation.--To carry out the policy of subsection (a)(5) of 
this section, the Secretary of Transportation shall cooperate with 
State and local officials in developing airport plans and programs that 
are based on overall transportation needs. The airport plans and 
programs shall be developed in coordination with other transportation 
planning and considering comprehensive long-range land-use plans and 
overall social, economic, environmental, system performance, and energy 
conservation objectives. The process of developing airport plans and 
programs shall be continuing, cooperative, and comprehensive to the 
degree appropriate to the complexity of the transportation problems.
    (h) Consultation.--To carry out the policy of subsection (a)(6) of 
this section, the Secretary of Transportation shall consult with the 
Secretary of the Interior and the Administrator of the Environmental 
Protection Agency about any project included in a project grant 
application involving the location of an airport or runway, or a major 
runway extension, that may have a significant effect on--
        (1) natural resources, including fish and wildlife;
        (2) natural, scenic, and recreation assets;
        (3) water and air quality; or
        (4) another factor affecting the environment.

Sec. 47102. Definitions

    In this subchapter--
        (1) ``air carrier airport'' means a public airport regularly 
    served by--
            (A) an air carrier certificated by the Secretary of 
        Transportation under section 41102 of this title (except a 
        charter air carrier); or
            (B) at least one air carrier--
                (i) operating under an exemption from section 
            41101(a)(1) of this title that the Secretary grants; and
                (ii) having at least 2,500 passenger boardings at the 
            airport during the prior calendar year.
        (2) ``airport''--
            (A) means--
                (i) an area of land or water used or intended to be 
            used for the landing and taking off of aircraft;
                (ii) an appurtenant area used or intended to be used 
            for airport buildings or other airport facilities or rights 
            of way; and
                (iii) airport buildings and facilities located in any 
            of those areas; and
            (B) includes a heliport.
        (3) ``airport development'' means the following activities, if 
    undertaken by the sponsor, owner, or operator of a public-use 
    airport:
            (A) constructing, repairing, or improving a public-use 
        airport, including--
                (i) removing, lowering, relocating, marking, and 
            lighting an airport hazard; and
                (ii) preparing a plan or specification, including 
            carrying out a field investigation.
            (B) acquiring for, or installing at, a public-use airport--
                (i) a navigation aid or another aid (including a 
            precision approach system) used by aircraft for landing at 
            or taking off from the airport, including preparing the 
            site as required by the acquisition or installation;
                (ii) safety or security equipment the Secretary 
            requires by regulation for, or approves as contributing 
            significantly to, the safety or security of individuals and 
            property at the airport;
                (iii) equipment to remove snow, to measure runway 
            surface friction, or for aviation-related weather 
            reporting;
                (iv) firefighting and rescue equipment at an airport 
            that serves scheduled passenger operations of air carrier 
            aircraft designed for more than 20 passenger seats;
                (v) aircraft deicing equipment and structures (except 
            aircraft deicing fluids and storage facilities for the 
            equipment and fluids); and
                (vi) interactive training systems.
            (C) acquiring an interest in land or airspace, including 
        land for future airport development, that is needed--
                (i) to carry out airport development described in 
            subclause (A) or (B) of this clause; or
                (ii) to remove or mitigate an existing airport hazard 
            or prevent or limit the creation of a new airport hazard.
            (D) acquiring land for, or constructing, a burn area 
        training structure on or off the airport to provide live fire 
        drill training for aircraft rescue and firefighting personnel 
        required to receive the training under regulations the 
        Secretary prescribes, including basic equipment and minimum 
        structures to support the training under standards the 
        Administrator of the Federal Aviation Administration 
        prescribes.
            (E) relocating after December 31, 1991, an air traffic 
        control tower and any navigational aid (including radar) if the 
        relocation is necessary to carry out a project approved by the 
        Secretary under this subchapter.
            (F) constructing, reconstructing, repairing, or improving 
        an airport, or purchasing capital equipment for an airport, if 
        paid for by a grant under this subchapter and necessary for 
        compliance with the responsibilities of the operator or owner 
        of the airport under the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.), the Clean Air Act (42 U.S.C. 
        7401 et seq.), and the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), except constructing or purchasing capital 
        equipment that would benefit primarily a revenue-producing area 
        of the airport used by a nonaeronautical business.
            (G) acquiring land for, or work necessary to construct, a 
        pad suitable for deicing aircraft before takeoff at a 
        commercial service airport, including constructing or 
        reconstructing paved areas, drainage collection structures, 
        treatment and discharge systems, appropriate lighting, paved 
        access for deicing vehicles and aircraft, but not including 
        acquiring aircraft deicing fluids or constructing or 
        reconstructing storage facilities for aircraft deicing 
        equipment or fluids.
        (4) ``airport hazard'' means a structure or object of natural 
    growth located on or near a public-use airport, or a use of land 
    near the airport, that obstructs or otherwise is hazardous to the 
    landing or taking off of aircraft at or from the airport.
        (5) ``airport planning'' means planning as defined by 
    regulations the Secretary prescribes and includes integrated 
    airport system planning.
        (6) ``amount made available under section 48103 of this title'' 
    means the amount authorized for grants under section 48103 of this 
    title as reduced by any law enacted after September 3, 1982.
        (7) ``commercial service airport'' means a public airport in a 
    State that the Secretary determines has at least 2,500 passenger 
    boardings each year and is receiving scheduled passenger aircraft 
    service.
        (8) ``integrated airport system planning'' means developing for 
    planning purposes information and guidance to decide the extent, 
    kind, location, and timing of airport development needed in a 
    specific area to establish a viable, balanced, and integrated 
    system of public-use airports, including--
            (A) identifying system needs;
            (B) developing an estimate of systemwide development costs;
            (C) conducting studies, surveys, and other planning 
        actions, including those related to airport access, needed to 
        decide which aeronautical needs should be met by a system of 
        airports; and
            (D) standards prescribed by a State, except standards for 
        safety of approaches, for airport development at nonprimary 
        public-use airports.
        (9) ``landed weight'' means the weight of aircraft transporting 
    only cargo in intrastate, interstate, and foreign air 
    transportation, as the Secretary determines under regulations the 
    Secretary prescribes.
        (10) ``passenger boardings''--
            (A) means revenue passenger boardings on an aircraft in 
        service in air commerce as the Secretary determines under 
        regulations the Secretary prescribes; and
            (B) includes passengers who continue on an aircraft in 
        international flight that stops at an airport in the 48 
        contiguous States, Alaska, or Hawaii for a nontraffic purpose.
        (11) ``primary airport'' means a commercial service airport the 
    Secretary determines to have more than 10,000 passenger boardings 
    each year.
        (12) ``project'' means a project, separate projects included in 
    one project grant application, or all projects to be undertaken at 
    an airport in a fiscal year, to achieve airport development or 
    airport planning.
        (13) ``project cost'' means a cost involved in carrying out a 
    project.
        (14) ``project grant'' means a grant of money the Secretary 
    makes to a sponsor to carry out at least one project.
        (15) ``public agency'' means--
            (A) a State or political subdivision of a State;
            (B) a tax-supported organization; or
            (C) an Indian tribe or pueblo.
        (16) ``public airport'' means an airport used or intended to be 
    used for public purposes--
            (A) that is under the control of a public agency; and
            (B) of which the area used or intended to be used for the 
        landing, taking off, or surface maneuvering of aircraft is 
        publicly owned.
        (17) ``public-use airport'' means--
            (A) a public airport; or
            (B) a privately-owned airport used or intended to be used 
        for public purposes that is--
                (i) a reliever airport; or
                (ii) determined by the Secretary to have at least 2,500 
            passenger boardings each year and to receive scheduled 
            passenger aircraft service.
        (18) ``reliever airport'' means an airport the Secretary 
    designates to relieve congestion at a commercial service airport 
    and to provide more general aviation access to the overall 
    community.
        (19) ``sponsor'' means--
            (A) a public agency that submits to the Secretary under 
        this subchapter an application for financial assistance; and
            (B) a private owner of a public-use airport that submits to 
        the Secretary under this subchapter an application for 
        financial assistance for the airport.
        (20) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the 
    Northern Mariana Islands, the Trust Territory of the Pacific 
    Islands, and Guam.

Sec. 47103. National plan of integrated airport systems

    (a) General Requirements and Considerations.--The Secretary of 
Transportation shall maintain the plan for developing public-use 
airports in the United States, named ``the national plan of integrated 
airport systems''. The plan shall include the kind and estimated cost 
of eligible airport development the Secretary of Transportation 
considers necessary to provide a safe, efficient, and integrated system 
of public-use airports adequate to anticipate and meet the needs of 
civil aeronautics, to meet the national defense requirements of the 
Secretary of Defense, and to meet identified needs of the United States 
Postal Service. Airport development included in the plan may not be 
limited to meeting the needs of any particular classes or categories of 
public-use airports. In maintaining the plan, the Secretary of 
Transportation shall consider the needs of each segment of civil 
aviation and the relationship of each airport to--
        (1) the rest of the transportation system in the particular 
    area;
        (2) forecasted technological developments in aeronautics; and
        (3) forecasted developments in other modes of intercity 
    transportation.
    (b) Specific Requirements.--In maintaining the plan, the Secretary 
of Transportation shall--
        (1) to the extent possible and as appropriate, consult with 
    departments, agencies, and instrumentalities of the United States 
    Government, with public agencies, and with the aviation community;
        (2) consider tall structures that reduce safety or airport 
    capacity; and
        (3) make every reasonable effort to address the needs of air 
    cargo operations, Short Takeoff and Landing/Very Short Takeoff and 
    Landing aircraft operations, and rotary wing aircraft operations.
    (c) Availability of Domestic Military Airports and Airport 
Facilities.--To the extent possible, the Secretary of Defense shall 
make domestic military airports and airport facilities available for 
civil use. In advising the Secretary of Transportation under subsection 
(a) of this section, the Secretary of Defense shall indicate the extent 
to which domestic military airports and airport facilities are 
available for civil use.
    (d) Publication.--The Secretary of Transportation shall publish the 
status of the plan every 2 years.

Sec. 47104. Project grant authority

    (a) General Authority.--To maintain a safe and efficient nationwide 
system of public-use airports that meets the present and future needs 
of civil aeronautics, the Secretary of Transportation may make project 
grants under this subchapter from the Airport and Airway Trust Fund.
    (b) Incurring Obligations.--The Secretary may incur obligations to 
make grants from amounts made available under section 48103 of this 
title as soon as the amounts are apportioned under section 47114(c) and 
(d)(2) of this title.
    (c) Expiration of Authority.--After September 30, 1993, the 
Secretary may not incur obligations under subsection (b) of this 
section, except for obligations of amounts remaining available after 
that date under section 47117(b) of this title.

Sec. 47105. Project grant applications

    (a) Submission and Consultation.--(1) An application for a project 
grant under this subchapter may be submitted to the Secretary of 
Transportation by--
        (A) a sponsor; or
        (B) a State, as the only sponsor, for an airport development 
    project benefitting at least 2 airports in the State or for airport 
    planning for similar projects for at least 2 airports in the State 
    if--
            (i) the sponsor of each airport gives written consent that 
        the State be the applicant;
            (ii) the Secretary is satisfied there is administrative 
        merit and aeronautical benefit in the State being the sponsor; 
        and
            (iii) an acceptable agreement exists that ensures that the 
        State will comply with appropriate grant conditions and other 
        assurances the Secretary requires.
    (2) Before deciding to undertake an airport development project at 
an airport under this subchapter, a sponsor shall consult with the 
airport users that will be affected by the project.
    (3) This subsection does not authorize a public agency that is 
subject to the laws of a State to apply for a project grant in 
violation of a law of the State.
    (b) Contents and Form.--An application for a project grant under 
this subchapter--
        (1) shall describe the project proposed to be undertaken;
        (2) may propose a project only for a public-use airport 
    included in the current national plan of integrated airport 
    systems;
        (3) may propose airport development only if the development 
    complies with standards the Secretary prescribes or approves, 
    including standards for site location, airport layout, site 
    preparation, paving, lighting, and safety of approaches; and
        (4) shall be in the form and contain other information the 
    Secretary prescribes.
    (c) State Standards for Airport Development.--The Secretary may 
approve standards (except standards for safety of approaches) that a 
State prescribes for airport development at nonprimary public-use 
airports in the State. On approval under this subsection, a State's 
standards apply to the nonprimary public-use airports in the State 
instead of the comparable standards prescribed by the Secretary under 
subsection (b)(3) of this section. The Secretary, or the State with the 
approval of the Secretary, may revise standards approved under this 
subsection.
    (d) Certification of Compliance.--The Secretary may require a 
sponsor to certify that the sponsor will comply with this subchapter in 
carrying out the project. The Secretary may rescind the acceptance of a 
certification at any time. This subsection does not affect an 
obligation or responsibility of the Secretary under another law of the 
United States.
    (e) Notification.--The sponsor of an airport for which an amount is 
apportioned under section 47114(c) of this title shall notify the 
Secretary of the fiscal year in which the sponsor intends to submit a 
project grant application for the apportioned amount. The notification 
shall be given by the time and contain the information the Secretary 
prescribes.

Sec. 47106. Project grant application approval conditioned on 
            satisfaction of project requirements

    (a) Project Grant Application Approval.--The Secretary of 
Transportation may approve an application under this subchapter for a 
project grant only if the Secretary is satisfied that--
        (1) the project is consistent with plans (existing at the time 
    the project is approved) of public agencies authorized by the State 
    in which the airport is located to plan for the development of the 
    area surrounding the airport;
        (2) the project will contribute to carrying out this 
    subchapter;
        (3) enough money is available to pay the project costs that 
    will not be paid by the United States Government under this 
    subchapter;
        (4) the project will be completed without unreasonable delay; 
    and
        (5) the sponsor has authority to carry out the project as 
    proposed.
    (b) Airport Development Project Grant Application Approval.--The 
Secretary may approve an application under this subchapter for an 
airport development project grant for an airport only if the Secretary 
is satisfied that--
        (1) the sponsor, a public agency, or the Government holds good 
    title to the areas of the airport used or intended to be used for 
    the landing, taking off, or surface maneuvering of aircraft, or 
    that good title will be acquired;
        (2) the interests of the community in or near which the project 
    may be located have been given fair consideration; and
        (3) the application provides touchdown zone and centerline 
    runway lighting, high intensity runway lighting, or land necessary 
    for installing approach light systems that the Secretary, 
    considering the category of the airport and the kind and volume of 
    traffic using it, decides is necessary for safe and efficient use 
    of the airport by aircraft.
    (c) Environmental Requirements.--(1) The Secretary may approve an 
application under this subchapter for an airport development project 
involving the location of an airport or runway or a major runway 
extension--
        (A) only if the sponsor certifies to the Secretary that--
            (i) an opportunity for a public hearing was given to 
        consider the economic, social, and environmental effects of the 
        location and the location's consistency with the objectives of 
        any planning that the community has carried out; and
            (ii) the airport management board has voting representation 
        from the communities in which the project is located or has 
        advised the communities that they have the right to petition 
        the Secretary about a proposed project;
        (B) only if the chief executive officer of the State in which 
    the project will be located certifies in writing to the Secretary 
    that there is reasonable assurance that the project will be 
    located, designed, constructed, and operated in compliance with 
    applicable air and water quality standards, except that the 
    Administrator of the Environmental Protection Agency shall make the 
    certification instead of the chief executive officer if--
            (i) the State has not approved any applicable State or 
        local standards; and
            (ii) the Administrator has prescribed applicable standards; 
        and
        (C) if the application is found to have a significant adverse 
    effect on natural resources, including fish and wildlife, natural, 
    scenic, and recreation assets, water and air quality, or another 
    factor affecting the environment, only after finding that no 
    possible and prudent alternative to the project exists and that 
    every reasonable step has been taken to minimize the adverse 
    effect.
    (2) The Secretary may approve an application under this subchapter 
for an airport development project that does not involve the location 
of an airport or runway, or a major runway extension, at an existing 
airport without requiring an environmental impact statement related to 
noise for the project if--
        (A) completing the project would allow operations at the 
    airport involving aircraft complying with the noise standards 
    prescribed for ``stage 2'' aircraft in section 36.1 of title 14, 
    Code of Federal Regulations, to replace existing operations 
    involving aircraft that do not comply with those standards; and
        (B) the project meets the other requirements under this 
    subchapter.
    (3) At the Secretary's request, the sponsor shall give the 
Secretary a copy of the transcript of any hearing held under paragraph 
(1)(A) of this subsection.
    (4)(A) Notice of certification or of refusal to certify under 
paragraph (1)(B) of this subsection shall be provided to the Secretary 
not later than 60 days after the Secretary receives the application.
    (B) The Secretary shall condition approval of the application on 
compliance with the applicable standards during construction and 
operation.
    (5) The Secretary may make a finding under paragraph (1)(C) of this 
subsection only after completely reviewing the matter. The review and 
finding must be a matter of public record.
    (d) General Aviation Airport Project Grant Application Approval.--
(1) In this subsection, ``general aviation airport'' means a public 
airport that is not an air carrier airport.
    (2) The Secretary may approve an application under this subchapter 
for an airport development project included in a project grant 
application involving the construction or extension of a runway at a 
general aviation airport located on both sides of a boundary line 
separating 2 counties within a State only if, before the application is 
submitted to the Secretary, the project is approved by the governing 
body of each village incorporated under the laws of the State and 
located entirely within 5 miles of the nearest boundary of the airport.
    (e) Withholding Approval.--(1) The Secretary may withhold approval 
of an application under this subchapter for amounts apportioned under 
section 47114(c) and (e) of this title for violating an assurance or 
requirement of this subchapter only if--
        (A) the Secretary provides the sponsor an opportunity for a 
    hearing; and
        (B) not later than 180 days after the later of the date of the 
    application or the date the Secretary discovers the noncompliance, 
    the Secretary finds that a violation has occurred.
    (2) The 180-day period may be extended by--
        (A) agreement between the Secretary and the sponsor; or
        (B) the hearing officer if the officer decides an extension is 
    necessary because the sponsor did not follow the schedule the 
    officer established.
    (3) A person adversely affected by an order of the Secretary 
withholding approval may obtain review of the order by filing a 
petition in the United States Court of Appeals for the District of 
Columbia Circuit or in the court of appeals of the United States for 
the circuit in which the project is located. The action must be brought 
not later than 60 days after the order is served on the petitioner.

Sec. 47107. Project grant application approval conditioned on 
            assurances about airport operations

    (a) General Written Assurances.--The Secretary of Transportation 
may approve a project grant application under this subchapter for an 
airport development project only if the Secretary receives written 
assurances, satisfactory to the Secretary, that--
        (1) the airport will be available for public use on reasonable 
    conditions and without unjust discrimination;
        (2) air carriers making similar use of the airport will be 
    subject to substantially comparable charges--
            (A) for facilities directly and substantially related to 
        providing air transportation; and
            (B) regulations and conditions, except for differences 
        based on reasonable classifications, such as between--
                (i) tenants and nontenants; and
                (ii) signatory and nonsignatory carriers;
        (3) the airport operator will not withhold unreasonably the 
    classification or status of tenant or signatory from an air carrier 
    that assumes obligations substantially similar to those already 
    imposed on air carriers of that classification or status;
        (4) a person providing, or intending to provide, aeronautical 
    services to the public will not be given an exclusive right to use 
    the airport, with a right given to only one fixed-base operator to 
    provide services at an airport deemed not to be an exclusive right 
    if--
            (A) the right would be unreasonably costly, burdensome, or 
        impractical for more than one fixed-base operator to provide 
        the services; and
            (B) allowing more than one fixed-base operator to provide 
        the services would require reducing the space leased under an 
        existing agreement between the one fixed-base operator and the 
        airport owner or operator;
        (5) fixed-base operators similarly using the airport will be 
    subject to the same charges;
        (6) an air carrier using the airport may service itself or use 
    any fixed-base operator allowed by the airport operator to service 
    any carrier at the airport;
        (7) the airport and facilities on or connected with the airport 
    will be operated and maintained suitably, with consideration given 
    to climatic and flood conditions;
        (8) a proposal to close the airport temporarily for a 
    nonaeronautical purpose must first be approved by the Secretary;
        (9) appropriate action will be taken to ensure that terminal 
    airspace required to protect instrument and visual operations to 
    the airport (including operations at established minimum flight 
    altitudes) will be cleared and protected by mitigating existing, 
    and preventing future, airport hazards;
        (10) appropriate action, including the adoption of zoning laws, 
    has been or will be taken to the extent reasonable to restrict the 
    use of land next to or near the airport to uses that are compatible 
    with normal airport operations;
        (11) each of the airport's facilities developed with financial 
    assistance from the United States Government and each of the 
    airport's facilities usable for the landing and taking off of 
    aircraft always will be available without charge for use by 
    Government aircraft in common with other aircraft, except that if 
    the use is substantial, the Government may be charged a reasonable 
    share, proportionate to the use, of the cost of operating and 
    maintaining the facility used;
        (12) the airport owner or operator will provide, without charge 
    to the Government, property interests of the sponsor in land or 
    water areas or buildings that the Secretary decides are desirable 
    for, and that will be used for, constructing at Government expense, 
    facilities for carrying out activities related to air traffic 
    control or navigation;
        (13) the airport owner or operator will maintain a schedule of 
    charges for use of facilities and services at the airport--
            (A) that will make the airport as self-sustaining as 
        possible under the circumstances existing at the airport, 
        including volume of traffic and economy of collection; and
            (B) without including in the rate base used for the charges 
        the Government's share of costs for any project for which a 
        grant is made under this subchapter or was made under the 
        Federal Airport Act or the Airport and Airway Development Act 
        of 1970;
        (14) the project accounts and records will be kept using a 
    standard system of accounting that the Secretary, after consulting 
    with appropriate public agencies, prescribes;
        (15) the airport owner or operator will submit any annual or 
    special airport financial and operations reports to the Secretary 
    that the Secretary reasonably requests;
        (16) the airport owner or operator will maintain a current 
    layout plan of the airport that meets the following requirements:
            (A) the plan will be in a form the Secretary prescribes;
            (B) the Secretary will approve the plan and any revision or 
        modification before the plan, revision, or modification takes 
        effect;
            (C) the owner or operator will not make or allow any 
        alteration in the airport or any of its facilities if the 
        alteration does not comply with the plan the Secretary 
        approves, and the Secretary is of the opinion that the 
        alteration may affect adversely the safety, utility, or 
        efficiency of the airport; and
            (D) when an alteration in the airport or its facility is 
        made that does not conform to the approved plan and that the 
        Secretary decides adversely affects the safety, utility, or 
        efficiency of any property on or off the airport that is owned, 
        leased, or financed by the Government, the owner or operator, 
        if requested by the Secretary, will--
                (i) eliminate the adverse effect in a way the Secretary 
            approves; or
                (ii) bear all cost of relocating the property or its 
            replacement to a site acceptable to the Secretary and of 
            restoring the property or its replacement to the level of 
            safety, utility, efficiency, and cost of operation that 
            existed before the alteration was made;
        (17) each contract and subcontract for program management, 
    construction management, planning studies, feasibility studies, 
    architectural services, preliminary engineering, design, 
    engineering, surveying, mapping, and related services will be 
    awarded in the same way that a contract for architectural and 
    engineering services is negotiated under title IX of the Federal 
    Property and Administrative Services Act of 1949 (40 U.S.C. 541 et 
    seq.) or an equivalent qualifications-based requirement prescribed 
    for or by the sponsor; and
        (18) the airport and each airport record will be available for 
    inspection by the Secretary on reasonable request, and a report of 
    the airport budget will be available to the public at reasonable 
    times and places.
    (b) Written Assurances on Use of Revenue.--(1) The Secretary of 
Transportation may approve a project grant application under this 
subchapter for an airport development project only if the Secretary 
receives written assurances, satisfactory to the Secretary, that local 
taxes on aviation fuel (except taxes in effect on December 30, 1987) 
and the revenues generated by a public airport will be expended for the 
capital or operating costs of--
        (A) the airport;
        (B) the local airport system; or
        (C) other local facilities owned or operated by the airport 
    owner or operator and directly and substantially related to the air 
    transportation of passengers or property.
    (2) Paragraph (1) of this subsection does not apply if a provision 
enacted not later than September 2, 1982, in a law controlling 
financing by the airport owner or operator, or a covenant or assurance 
in a debt obligation issued not later than September 2, 1982, by the 
owner or operator, provides that the revenues, including local taxes on 
aviation fuel at public airports, from any of the facilities of the 
owner or operator, including the airport, be used to support not only 
the airport but also the general debt obligations or other facilities 
of the owner or operator.
    (3) This subsection does not prevent the use of a State tax on 
aviation fuel to support a State aviation program or the use of airport 
revenue on or off the airport for a noise mitigation purpose.
    (c) Written Assurances on Acquiring Land.--(1) In this subsection, 
land is needed for an airport purpose (except a noise compatibility 
purpose) if--
        (A)(i) the land may be needed for an aeronautical purpose 
    (including runway protection zone) or serves as noise buffer land; 
    and
        (ii) revenue from interim uses of the land contributes to the 
    financial self-sufficiency of the airport; and
        (B) for land purchased with a grant the owner or operator 
    received not later than December 30, 1987, the Secretary of 
    Transportation or the department, agency, or instrumentality of the 
    Government that made the grant was notified by the owner or 
    operator of the use of the land and did not object to the use and 
    the land is still being used for that purpose.
    (2) The Secretary of Transportation may approve an application 
under this subchapter for an airport development project grant only if 
the Secretary receives written assurances, satisfactory to the 
Secretary, that if an airport owner or operator has received or will 
receive a grant for acquiring land and--
        (A) if the land was or will be acquired for a noise 
    compatibility purpose--
            (i) the owner or operator will dispose of the land at fair 
        market value at the earliest practicable time after the land no 
        longer is needed for a noise compatibility purpose;
            (ii) the disposition will be subject to retaining or 
        reserving an interest in the land necessary to ensure that the 
        land will be used in a way that is compatible with noise levels 
        associated with operating the airport; and
            (iii) the part of the proceeds from disposing of the land 
        that is proportional to the Government's share of the cost of 
        acquiring the land will be paid to the Secretary for deposit in 
        the Airport and Airway Trust Fund established under section 
        9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) or, 
        as the Secretary prescribes, reinvested in an approved noise 
        compatibility project; or
        (B) if the land was or will be acquired for an airport purpose 
    (except a noise compatibility purpose)--
            (i) the owner or operator, when the land no longer is 
        needed for an airport purpose, will dispose of the land at fair 
        market value or make available to the Secretary an amount equal 
        to the Government's proportional share of the fair market 
        value;
            (ii) the disposition will be subject to retaining or 
        reserving an interest in the land necessary to ensure that the 
        land will be used in a way that is compatible with noise levels 
        associated with operating the airport; and
            (iii) the part of the proceeds from disposing of the land 
        that is proportional to the Government's share of the cost of 
        acquiring the land will be reinvested, on application to the 
        Secretary, in another eligible airport development project the 
        Secretary approves under this subchapter or paid to the 
        Secretary for deposit in the Fund if another eligible project 
        does not exist.
    (3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of 
this subsection and deposited in the Airport and Airway Trust Fund are 
available as provided in subsection (f) of this section.
    (d) Assurances of Continuation as Public-Use Airport.--The 
Secretary of Transportation may approve an application under this 
subchapter for an airport development project grant for a privately 
owned public-use airport only if the Secretary receives appropriate 
assurances that the airport will continue to function as a public-use 
airport during the economic life (that must be at least 10 years) of 
any facility at the airport that was developed with Government 
financial assistance under this subchapter.
    (e) Written Assurances of Opportunities for Small Business 
Concerns.--(1) The Secretary of Transportation may approve a project 
grant application under this subchapter for an airport development 
project only if the Secretary receives written assurances, satisfactory 
to the Secretary, that the airport owner or operator will take 
necessary action to ensure, to the maximum extent practicable, that at 
least 10 percent of all businesses at the airport selling consumer 
products or providing consumer services to the public are small 
business concerns (as defined by regulations of the Secretary) owned 
and controlled by a socially and economically disadvantaged individual 
(as defined in section 47113(a) of this title).
    (2) An airport owner or operator may meet the percentage goal of 
paragraph (1) of this subsection by including any business operated 
through a management contract or subcontract. The dollar amount of a 
management contract or subcontract with a disadvantaged business 
enterprise shall be added to the total participation by disadvantaged 
business enterprises in airport concessions and to the base from which 
the airport's percentage goal is calculated. The dollar amount of a 
management contract or subcontract with a non-disadvantaged business 
enterprise and the gross revenue of business activities to which the 
management contract or subcontract pertains may not be added to this 
base.
    (3) Except as provided in paragraph (4) of this subsection, an 
airport owner or operator may meet the percentage goal of paragraph (1) 
of this subsection by including the purchase from disadvantaged 
business enterprises of goods and services used in businesses conducted 
at the airport, but the owner or operator and the businesses conducted 
at the airport shall make good faith efforts to explore all available 
options to achieve, to the maximum extent practicable, compliance with 
the goal through direct ownership arrangements, including joint 
ventures and franchises.
    (4)(A) In complying with paragraph (1) of this subsection, an 
airport owner or operator shall include the revenues of car rental 
firms at the airport in the base from which the percentage goal in 
paragraph (1) is calculated.
    (B) An airport owner or operator may require a car rental firm to 
meet a requirement under paragraph (1) of this subsection by purchasing 
or leasing goods or services from a disadvantaged business enterprise. 
If an owner or operator requires such a purchase or lease, a car rental 
firm shall be permitted to meet the requirement by including purchases 
or leases of vehicles from any vendor that qualifies as a small 
business concern owned and controlled by a socially and economically 
disadvantaged individual.
    (C) This subsection does not require a car rental firm to change 
its corporate structure to provide for direct ownership arrangements to 
meet the requirements of this subsection.
    (5) This subsection does not preempt--
        (A) a State or local law, regulation, or policy enacted by the 
    governing body of an airport owner or operator; or
        (B) the authority of a State or local government or airport 
    owner or operator to adopt or enforce a law, regulation, or policy 
    related to disadvantaged business enterprises.
    (6) An airport owner or operator may provide opportunities for a 
small business concern owned and controlled by a socially and 
economically disadvantaged individual to participate through direct 
contractual agreement with that concern.
    (7) An air carrier that provides passenger or property-carrying 
services or another business that conducts aeronautical activities at 
an airport may not be included in the percentage goal of paragraph (1) 
of this subsection for participation of small business concerns at the 
airport.
    (8) Not later than April 29, 1993, the Secretary of Transportation 
shall prescribe regulations to carry out this subsection.
    (f) Availability of Amounts.--An amount deposited in the Airport 
and Airway Trust Fund under--
        (1) subsection (c)(2)(A)(iii) of this section is available to 
    the Secretary of Transportation to make a grant for airport 
    development or airport planning under section 47104 of this title;
        (2) subsection (c)(2)(B)(iii) of this section is available to 
    the Secretary--
            (A) to make a grant for a purpose described in section 
        47115(b) of this title; and
            (B) for use under section 47114(d)(2) of this title at 
        another airport in the State in which the land was disposed of 
        under subsection (c)(2)(B)(ii) of this section; and
        (3) subsection (c)(2)(B)(iii) of this section is in addition to 
    an amount made available to the Secretary under section 48103 of 
    this title and not subject to apportionment under section 47114 of 
    this title.
    (g) Ensuring Compliance.--(1) To ensure compliance with this 
section, the Secretary of Transportation--
        (A) shall prescribe requirements for sponsors that the 
    Secretary considers necessary; and
        (B) may make a contract with a public agency.
    (2) The Secretary of Transportation may approve an application for 
a project grant only if the Secretary is satisfied that the 
requirements prescribed under paragraph (1)(A) of this subsection have 
been or will be met.
    (h) Modifying Assurances and Requiring Compliance With Additional 
Assurances.--Before modifying an assurance required of a person 
receiving a grant under this subchapter and in effect after December 
29, 1987, or to require compliance with an additional assurance from 
the person, the Secretary of Transportation must--
        (1) publish notice of the proposed modification in the Federal 
    Register; and
        (2) provide an opportunity for comment on the proposal.
    (i) Relief From Obligation To Provide Free Space.--When a sponsor 
provides a property interest in a land or water area or a building that 
the Secretary of Transportation uses to construct a facility at 
Government expense, the Secretary may relieve the sponsor from an 
obligation in a contract made under this chapter, the Airport and 
Airway Development Act of 1970, or the Federal Airport Act to provide 
free space to the Government in an airport building, to the extent the 
Secretary finds that the free space no longer is needed to carry out 
activities related to air traffic control or navigation.
    (j) Use of Revenue in Hawaii.--(1) In this subsection--
        (A) ``duty-free merchandise'' and ``duty-free sales 
    enterprise'' have the same meanings given those terms in section 
    555(b)(8) of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
        (B) ``highway'' and ``Federal-aid system'' have the same 
    meanings given those terms in section 101(a) of title 23.
    (2) Notwithstanding subsection (b)(1) of this section, Hawaii may 
use, for a project for construction or reconstruction of a highway on a 
Federal-aid system that is not more than 10 miles by road from an 
airport and that will facilitate access to the airport, revenue from 
the sales at off-airport locations in Hawaii of duty-free merchandise 
under a contract between Hawaii and a duty-free sales enterprise. 
However, the revenue resulting during a Hawaiian fiscal year may be 
used only if the amount of the revenue, plus amounts Hawaii receives in 
the fiscal year from all other sources for costs Hawaii incurs for 
operating all airports it operates and for debt service related to 
capital projects for the airports (including interest and amortization 
of principal costs), is more than 150 percent of the projected costs 
for the fiscal year.
    (3)(A) Revenue from sales referred to in paragraph (2) of this 
subsection in a Hawaiian fiscal year that Hawaii may use may not be 
more than the amount that is greater than 150 percent as determined 
under paragraph (2).
    (B) The maximum amount of revenue Hawaii may use under paragraph 
(2) of this subsection is $250,000,000.
    (4) If a fee imposed or collected for rent, landing, or service 
from an aircraft operator by an airport operated by Hawaii is increased 
during the period from May 4, 1990, through December 31, 1994, by more 
than the percentage change in the Consumer Price Index of All Urban 
Consumers for Honolulu, Hawaii, that the Secretary of Labor publishes 
during that period and if revenue derived from the fee increases 
because the fee increased, the amount under paragraph (3)(B) of this 
subsection shall be reduced by the amount of the projected revenue 
increase in the period less the part of the increase attributable to 
changes in the Index in the period.
    (5) Hawaii shall determine costs, revenue, and projected revenue 
increases referred to in this subsection and shall submit the 
determinations to the Secretary of Transportation. A determination is 
approved unless the Secretary disapproves it not later than 30 days 
after it is submitted.
    (6) Hawaii is not eligible for a grant under section 47115 of this 
title in a fiscal year in which Hawaii uses under paragraph (2) of this 
subsection revenue from sales referred to in paragraph (2). Hawaii 
shall repay amounts it receives in a fiscal year under a grant it is 
not eligible to receive because of this paragraph to the Secretary of 
Transportation for deposit in the discretionary fund established under 
section 47115.
    (7)(A) This subsection applies only to revenue from sales referred 
to in paragraph (2) of this subsection from May 5, 1990, through 
December 30, 1994, and to amounts in the Airport Revenue Fund of Hawaii 
that are attributable to revenue before May 4, 1990, on sales referred 
to in paragraph (2).
    (B) Revenue from sales referred to in paragraph (2) of this 
subsection from May 5, 1990, through December 30, 1994, may be used 
under paragraph (2) in any Hawaiian fiscal year, including a Hawaiian 
fiscal year beginning after December 31, 1994.

Sec. 47108. Project grant agreements

    (a) Offer and Acceptance.--On approving a project grant application 
under this subchapter, the Secretary of Transportation shall offer the 
sponsor a grant to pay the United States Government's share of the 
project costs allowable under section 47110 of this title. The 
Secretary may impose terms on the offer that the Secretary considers 
necessary to carry out this subchapter and regulations prescribed under 
this subchapter. An offer shall state the obligations to be assumed by 
the sponsor and the maximum amount the Government will pay for the 
project from the amounts authorized under chapter 481 of this title 
(except sections 48102(e), 48106, 48107, and 48110). At the request of 
the sponsor, an offer of a grant for a project that will not be 
completed in one fiscal year shall provide for the obligation of 
amounts apportioned or to be apportioned to a sponsor under section 
47114(c) of this title for the fiscal years necessary to pay the 
Government's share of the cost of the project. An offer that is 
accepted in writing by the sponsor is an agreement binding on the 
Government and the sponsor. The Government may pay or be obligated to 
pay a project cost only after a grant agreement for the project is 
signed.
    (b) Increasing Government's Share Under This Subchapter or Chapter 
475.--(1) When an offer has been accepted in writing, the amount stated 
in the offer as the maximum amount the Government will pay may be 
increased only as provided in paragraphs (2) and (3) of this 
subsection.
    (2)(A) For a project receiving assistance under a grant approved 
under the Airport and Airway Improvement Act of 1982 before October 1, 
1987, the amount may be increased by not more than--
        (i) 10 percent for an airport development project, except a 
    project for acquiring an interest in land; and
        (ii) 50 percent of the total increase in allowable project 
    costs attributable to acquiring an interest in land, based on 
    current creditable appraisals.
    (B) An increase under subparagraph (A) of this paragraph may be 
paid only from amounts the Government recovers from other grants made 
under this subchapter.
    (3) For a project receiving assistance under a grant approved under 
the Act, this subchapter, or chapter 475 of this title after September 
30, 1987, the amount may be increased--
        (A) for an airport development project, by not more than 15 
    percent; and
        (B) for a grant after September 30, 1992, to acquire an 
    interest in land for an airport (except a primary airport), by not 
    more than the greater of the following, based on current creditable 
    appraisals or a court award in a condemnation proceeding:
            (i) 15 percent; or
            (ii) 25 percent of the total increase in allowable project 
        costs attributable to acquiring an interest in land.
    (c) Increasing Government's Share Under Airport and Airway 
Development Act of 1970.--For a project receiving assistance under a 
grant made under the Airport and Airway Development Act of 1970, the 
maximum amount the Government will pay may be increased by not more 
than 10 percent. An increase under this subsection may be paid only 
from amounts the Government recovers from other grants made under the 
Act.
    (d) Changing Workscope.--With the consent of the sponsor, the 
Secretary may amend a grant agreement made under this subchapter to 
change the workscope of a project financed under the grant if the 
amendment does not result in an increase in the maximum amount the 
Government may pay under subsection (b) of this section.

Sec. 47109. United States Government's share of project costs

    (a) General.--Except as provided in subsections (b) and (c) of this 
section, the United States Government's share of allowable project 
costs is--
        (1) 75 percent for a project at a primary airport having at 
    least .25 percent of the total number of passenger boardings each 
    year at all commercial service airports; and
        (2) 90 percent for a project at any other airport.
    (b) Increased Government Share.--If, under subsection (a) of this 
section, the Government's share of allowable costs of a project in a 
State containing unappropriated and unreserved public lands and 
nontaxable Indian lands (individual and tribal) of more than 5 percent 
of the total area of all lands in the State, is less than the share 
applied on June 30, 1975, under section 17(b) of the Airport and Airway 
Development Act of 1970, the Government's share under subsection (a) of 
this section shall be increased by the lesser of--
        (1) 25 percent;
        (2) one-half of the percentage that the area of unappropriated 
    and unreserved public lands and nontaxable Indian lands in the 
    State is of the total area of the State; or
        (3) the percentage necessary to increase the Government's share 
    to the percentage that applied on June 30, 1975, under section 
    17(b) of the Act.
    (c) Limitation.--Notwithstanding subsections (a) and (b) of this 
section, the Government's share of project costs allowable under 
section 47110(d) of this title may not be more than 75 percent, except 
that the Government's share shall be 85 percent for a project at a 
commercial service airport that does not have more than .05 percent of 
the total annual passenger boardings in the United States.

Sec. 47110. Allowable project costs

    (a) General Authority.--Except as provided in section 47111 of this 
title, the United States Government may pay or be obligated to pay, 
from amounts appropriated to carry out this subchapter, a cost incurred 
in carrying out a project under this subchapter only if the Secretary 
of Transportation decides the cost is allowable.
    (b) Allowable Cost Standards.--A project cost is allowable--
        (1) if the cost necessarily is incurred in carrying out the 
    project in compliance with the grant agreement made for the project 
    under this subchapter, including any cost a sponsor incurs related 
    to an audit the Secretary requires under section 47121(b) or (d) of 
    this title;
        (2) if the cost is incurred--
            (A) after the grant agreement is executed and is for 
        airport development or airport planning carried out after the 
        grant agreement is executed; or
            (B) after June 1, 1989, by the airport operator (regardless 
        of when the grant agreement is executed) as part of a 
        Government-approved noise compatibility program (including 
        project formulation costs) and is consistent with all 
        applicable statutory and administrative requirements;
        (3) to the extent the cost is reasonable in amount;
        (4) if the cost is not incurred in a project for airport 
    development or airport planning for which other Government 
    assistance has been granted; and
        (5) if the total costs allowed for the project are not more 
    than the amount stated in the grant agreement as the maximum the 
    Government will pay (except as provided in section 47108(b) of this 
    title).
    (c) Certain Prior Costs as Allowable Costs.--The Secretary may 
decide that a project cost under subsection (b)(2)(A) of this section 
incurred after May 13, 1946, and before the date the grant agreement is 
executed is allowable if it is--
        (1) necessarily incurred in formulating an airport development 
    project, including costs incurred for field surveys, plans and 
    specifications, property interests in land or airspace, and 
    administration or other incidental items that would not have been 
    incurred except for the project; or
        (2) necessarily and directly incurred in developing the work 
    scope of an airport planning project.
    (d) Terminal Development Costs.--(1) The Secretary may decide that 
the cost of terminal development (including multi-modal terminal 
development) in a nonrevenue-producing public-use area of a commercial 
service airport is allowable for an airport development project at the 
airport--
        (A) if the sponsor certifies that the airport, on the date the 
    grant application is submitted to the Secretary, has--
            (i) all the safety equipment required for certification of 
        the airport under section 44706 of this title;
            (ii) all the security equipment required by regulation; and
            (iii) provided for access, to the area of the airport for 
        passengers for boarding or exiting aircraft, to those 
        passengers boarding or exiting aircraft, except air carrier 
        aircraft;
        (B) if the cost is directly related to moving passengers and 
    baggage in air commerce within the airport, including vehicles for 
    moving passengers between terminal facilities and between terminal 
    facilities and aircraft; and
        (C) under terms necessary to protect the interests of the 
    Government.
    (2) In making a decision under paragraph (1) of this subsection, 
the Secretary may approve as allowable costs the expenses of terminal 
development in a revenue-producing area and construction, 
reconstruction, repair, and improvement in a nonrevenue-producing 
parking lot if--
        (A) the airport does not have more than .05 percent of the 
    total annual passenger boardings in the United States; and
        (B) the sponsor certifies that any needed airport development 
    project affecting safety, security, or capacity will not be 
    deferred because of the Secretary's approval.
    (e) Letters of Intent.--(1) The Secretary may issue a letter of 
intent to the sponsor stating an intention to obligate from future 
budget authority an amount, not more than the Government's share of 
allowable project costs, for an airport development project (including 
costs of formulating the project) at a primary or reliever airport. The 
letter shall establish a schedule under which the Secretary will 
reimburse the sponsor for the Government's share of allowable project 
costs, as amounts become available, if the sponsor, after the Secretary 
issues the letter, carries out the project without receiving amounts 
under this subchapter.
    (2) Paragraph (1) of this subsection applies to a project--
        (A) about which the sponsor notifies the Secretary, before the 
    project begins, of the sponsor's intent to carry out the project;
        (B) that will comply with all statutory and administrative 
    requirements that would apply to the project if it were carried out 
    with amounts made available under this subchapter; and
        (C) the Secretary decides will enhance system-wide airport 
    capacity significantly and meets the criteria of section 47115(d) 
    of this title.
    (3) A letter of intent issued under paragraph (1) of this 
subsection is not an obligation of the Government under section 1501 of 
title 31, and the letter is not deemed to be an administrative 
commitment for financing. An obligation or administrative commitment 
may be made only as amounts are provided in authorization and 
appropriation laws.
    (4) The total estimated amount of future Government obligations 
covered by all outstanding letters of intent under paragraph (1) of 
this subsection may not be more than the amount authorized to carry out 
section 48103 of this title, less an amount reasonably estimated by the 
Secretary to be needed for grants under section 48103 that are not 
covered by a letter.
    (5) A letter of intent issued under paragraph (1) of this 
subsection may not condition the obligation of amounts on the 
imposition of a passenger facility fee.
    (f) Nonallowable Costs.--Except as provided in subsection (d) of 
this section and section 47118(f) of this title, a cost is not an 
allowable airport development project cost if it is for--
        (1) constructing a public parking facility for passenger 
    automobiles;
        (2) constructing, altering, or repairing part of an airport 
    building, except to the extent the building will be used for 
    facilities or activities directly related to the safety of 
    individuals at the airport;
        (3) decorative landscaping; or
        (4) providing or installing sculpture or art works.

Sec. 47111. Payments under project grant agreements

    (a) General Authority.--After making a project grant agreement 
under this subchapter and consulting with the sponsor, the Secretary of 
Transportation may decide when and in what amounts payments under the 
agreement will be made. Payments totaling not more than 90 percent of 
the United States Government's share of the project's estimated 
allowable costs may be made before the project is completed if the 
sponsor certifies to the Secretary that the total amount expended from 
the advance payments at any time will not be more than the cost of the 
airport development work completed on the project at that time.
    (b) Recovering Payments.--If the Secretary determines that the 
total amount of payments made under a grant agreement under this 
subchapter is more than the Government's share of the total allowable 
project costs, the Government may recover the excess amount. If the 
Secretary finds that a project for which an advance payment was made 
has not been completed within a reasonable time, the Government may 
recover any part of the advance payment for which the Government 
received no benefit.
    (c) Payment Deposits.--A payment under a project grant agreement 
under this subchapter may be made only to an official or depository 
designated by the sponsor and authorized by law to receive public 
money.
    (d) Withholding Payments.--(1) The Secretary may withhold a payment 
under a grant agreement under this subchapter for more than 180 days 
after the payment is due only if the Secretary--
        (A) notifies the sponsor and provides an opportunity for a 
    hearing; and
        (B) finds that the sponsor has violated the agreement.
    (2) The 180-day period may be extended by--
        (A) agreement of the Secretary and the sponsor; or
        (B) the hearing officer if the officer decides an extension is 
    necessary because the sponsor did not follow the schedule the 
    officer established.
    (3) A person adversely affected by an order of the Secretary 
withholding a payment may apply for review of the order by filing a 
petition in the United States Court of Appeals for the District of 
Columbia Circuit or in the court of appeals of the United States for 
the circuit in which the project is located. The petition must be filed 
not later than 60 days after the order is served on the petitioner.

Sec. 47112. Carrying out airport development projects

    (a) Construction Work.--The Secretary of Transportation may inspect 
and approve construction work for an airport development project 
carried out under a grant agreement under this subchapter. The 
construction work must be carried out in compliance with regulations 
the Secretary prescribes. The regulations shall require the sponsor to 
make necessary cost and progress reports on the project. The 
regulations may amend or modify a contract related to the project only 
if the contract was made with actual notice of the regulations.
    (b) Prevailing Wages.--A contract for more than $2,000 involving 
labor for an airport development project carried out under a grant 
agreement under this subchapter must require contractors to pay labor 
minimum wage rates as determined by the Secretary of Labor under the 
Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a--
276a-5). The minimum rates must be included in the bids for the work 
and in the invitation for those bids.
    (c) Veterans' Preference.--(1) In this subsection--
        (A) ``disabled veteran'' has the same meaning given that term 
    in section 2108 of title 5.
        (B) ``Vietnam-era veteran'' means an individual who served on 
    active duty (as defined in section 101 of title 38) in the armed 
    forces for more than 180 consecutive days, any part of which 
    occurred after August 4, 1964, and before May 8, 1975, and who was 
    separated from the armed forces under honorable conditions.
    (2) A contract involving labor for carrying out an airport 
development project under a grant agreement under this subchapter must 
require that preference in the employment of labor (except in 
executive, administrative, and supervisory positions) be given to 
Vietnam-era veterans and disabled veterans when they are available and 
qualified for the employment.

Sec. 47113. Minority and disadvantaged business participation

    (a) Definitions.--In this section--
        (1) ``small business concern''--
            (A) has the same meaning given that term in section 3 of 
        the Small Business Act (15 U.S.C. 632); but
            (B) does not include a concern, or group of concerns 
        controlled by the same socially and economically disadvantaged 
        individual, that has average annual gross receipts over the 
        prior 3 fiscal years of more than $16,015,000, as adjusted by 
        the Secretary of Transportation for inflation.
        (2) ``socially and economically disadvantaged individual'' has 
    the same meaning given that term in section 8(c) of the Act (15 
    U.S.C. 637(c)) and relevant subcontracting regulations prescribed 
    under section 8(c), except that women are presumed to be socially 
    and economically disadvantaged.
    (b) General Requirement.--Except to the extent the Secretary 
decides otherwise, at least 10 percent of amounts available in a fiscal 
year under section 48103 of this title shall be expended with small 
business concerns owned and controlled by socially and economically 
disadvantaged individuals.
    (c) Uniform Criteria.--The Secretary shall establish minimum 
uniform criteria for State governments and airport sponsors to use in 
certifying whether a small business concern qualifies under this 
section. The criteria shall include on-site visits, personal 
interviews, licenses, analyses of stock ownership and bonding capacity, 
listings of equipment and work completed, resumes of principal owners, 
financial capacity, and type of work preferred.
    (d) Surveys and Lists.--Each State or airport sponsor annually 
shall survey and compile a list of small business concerns referred to 
in subsection (b) of this section and the location of each concern in 
the State.

Sec. 47114. Apportionments

    (a) Definition.--In this section, ``amount subject to 
apportionment'' means the amount newly made available under section 
48103 of this title for a fiscal year.
    (b) Apportionment Date.--On the first day of each fiscal year, the 
Secretary of Transportation shall apportion the amount subject to 
apportionment for that fiscal year as provided in this section.
    (c) Amounts Apportioned to Sponsors.--(1)(A) The Secretary shall 
apportion to the sponsor of each primary airport for each fiscal year 
an amount equal to--
        (i) $7.80 for each of the first 50,000 passenger boardings at 
    the airport during the prior calendar year;
        (ii) $5.20 for each of the next 50,000 passenger boardings at 
    the airport during the prior calendar year;
        (iii) $2.60 for each of the next 400,000 passenger boardings at 
    the airport during the prior calendar year; and
        (iv) $.65 for each additional passenger boarding at the airport 
    during the prior calendar year.
    (B) Not less than $400,000 nor more than $22,000,000 may be 
apportioned under subparagraph (A) of this paragraph to an airport 
sponsor for a primary airport for each fiscal year.
    (2)(A) The Secretary shall apportion to the sponsors of airports 
served by aircraft providing air transportation of only cargo with a 
total annual landed weight of more than 100,000,000 pounds for each 
fiscal year an amount equal to 3.5 percent of the amount subject to 
apportionment each year, allocated among those airports in the 
proportion that the total annual landed weight of those aircraft 
landing at each of those airports bears to the total annual landed 
weight of those aircraft landing at all those airports. However, not 
more than 8 percent of the amount apportioned under this paragraph may 
be apportioned for any one airport.
    (B) Landed weight under subparagraph (A) of this paragraph is the 
landed weight of aircraft landing at each of those airports and all 
those airports during the prior calendar year.
    (3) The total of all amounts apportioned under paragraphs (1) and 
(2) of this subsection may not be more than 44 percent of the amount 
subject to apportionment for a fiscal year. If this paragraph requires 
reduction of an amount that otherwise would be apportioned under this 
subsection, the Secretary shall reduce proportionately the amount 
apportioned to each sponsor of an airport under paragraphs (1) and (2) 
until the 44 percent limit is achieved.
    (d) Amounts Apportioned to States.--(1) In this subsection--
        (A) ``area'' includes land and water.
        (B) ``population'' means the population stated in the latest 
    decennial census of the United States.
    (2) The Secretary shall apportion to the States 12 percent of the 
amount subject to apportionment for each fiscal year as follows:
        (A) one percent of the apportioned amount to Guam, American 
    Samoa, the Northern Mariana Islands, the Trust Territory of the 
    Pacific Islands, and the Virgin Islands.
        (B) except as provided in paragraph (3) of this subsection, 
    49.5 percent of the apportioned amount for airports, except primary 
    airports and airports described in section 47117(e)(1)(C) of this 
    title, in States not named in clause (A) of this paragraph in the 
    proportion that the population of each of those States bears to the 
    total population of all of those States.
        (C) except as provided in paragraph (3) of this subsection, 
    49.5 percent of the apportioned amount for airports, except primary 
    airports and airports described in section 47117(e)(1)(C) of this 
    title, in States not named in clause (A) of this paragraph in the 
    proportion that the area of each of those States bears to the total 
    area of all of those States.
    (3) An amount apportioned under paragraph (2) of this subsection 
for an airport in--
        (A) Alaska may be made available by the Secretary for a public 
    airport described in section 47117(e)(1)(C)(ii) of this title to 
    which section 15(a)(3)(A)(II) of the Airport and Airway Development 
    Act of 1970 applied during the fiscal year that ended September 30, 
    1981; and
        (B) Puerto Rico may be made available by the Secretary for a 
    primary airport and an airport described in section 47117(e)(1)(C) 
    of this title.
    (e) Alternative Apportionment for Alaska.--(1) Instead of 
apportioning amounts for airports in Alaska under subsections (c) and 
(d) of this section, the Secretary may apportion amounts for those 
airports in the way in which amounts were apportioned in the fiscal 
year ending September 30, 1980, under section 15(a) of the Act. 
However, in apportioning amounts for a fiscal year under this 
subsection, the Secretary shall apportion--
        (A) for each primary airport at least as much as would be 
    apportioned for the airport under subsection (c)(1) of this 
    section; and
        (B) a total amount at least equal to the minimum amount 
    required to be apportioned to airports in Alaska in the fiscal year 
    ending September 30, 1980, under section 15(a)(3)(A) of the Act.
    (2) This subsection does not prohibit the Secretary from making 
project grants for airports in Alaska from the discretionary fund under 
section 47115 of this title.
    (3) Airports referred to in this subsection include those public 
airports that received scheduled service as of September 3, 1982, but 
were not apportioned amounts in the fiscal year ending September 30, 
1980, under section 15(a) of the Act because the airports were not 
under the control of a State or local public agency.
    (f) Reducing Apportionments.--An amount that would be apportioned 
under this section (except subsection (c)(2)) in a fiscal year to the 
sponsor of an airport having at least .25 percent of the total number 
of boardings each year in the United States and for which a fee is 
imposed in the fiscal year under section 40117 of this title shall be 
reduced by an amount equal to 50 percent of the projected revenues from 
the fee in the fiscal year but not by more than 50 percent of the 
amount that otherwise would be apportioned under this section.

Sec. 47115. Discretionary fund

    (a) Existence and Amounts in Fund.--The Secretary of Transportation 
has a discretionary fund. The fund consists of--
        (1) amounts subject to apportionment for a fiscal year that are 
    not apportioned under section 47114(c)-(e) of this title; and
        (2) 25 percent of amounts not apportioned under section 47114 
    of this title because of section 47114(f).
    (b) Availability of Amounts.--Subject to subsection (c) of this 
section and section 47117(e) of this title, the fund is available for 
making grants for any purpose for which amounts are made available 
under section 48103 of this title that the Secretary considers most 
appropriate to carry out this subchapter. However, 50 percent of 
amounts not apportioned under section 47114 of this title because of 
section 47114(f) and added to the fund is available for making grants 
for projects at small hub airports (as defined in section 41731 of this 
title).
    (c) Minimum Percentage for Primary and Reliever Airports.--At least 
75 percent of the amount in the fund and distributed by the Secretary 
in a fiscal year shall be used for making grants--
        (1) to preserve and enhance capacity, safety, and security at 
    primary and reliever airports; and
        (2) to carry out airport noise compatibility planning and 
    programs at primary and reliever airports.
    (d) Considerations.--In selecting a project for a grant to preserve 
and enhance capacity as described in subsection (c)(1) of this section, 
the Secretary shall consider--
        (1) the effect the project will have on the overall national 
    air transportation system capacity;
        (2) the project benefit and cost; and
        (3) the financial commitment from non-United States Government 
    sources to preserve or enhance airport capacity.
    (e) Waiving Percentage Requirement.--If the Secretary decides the 
Secretary cannot comply with the percentage requirement of subsection 
(c) of this section in a fiscal year because there are insufficient 
qualified grant applications to meet that percentage, the amount the 
Secretary determines will not be distributed as required by subsection 
(c) is available for obligation during the fiscal year without regard 
to the requirement.

Sec. 47116. Small airport fund

    (a) Existence and Amounts in Fund.--The Secretary of Transportation 
has a small airport fund. The fund consists of 75 percent of amounts 
not apportioned under section 47114 of this title because of section 
47114(f).
    (b) Distribution of Amounts.--The Secretary may distribute amounts 
in the fund in each fiscal year for any purpose for which amounts are 
made available under section 48103 of this title as follows:
        (1) one-third for grants to sponsors of public-use airports 
    (except commercial service airports).
        (2) two-thirds for grants to sponsors of each commercial 
    service airport that each year has less than .05 percent of the 
    total boardings in the United States in that year.
    (c) Authority To Receive Grant Not Dependent on Participation in 
Block Grant Pilot Program.--An airport in a State participating in the 
State block grant pilot program under section 47128 of this title may 
receive a grant under this section to the same extent the airport may 
receive a grant if the State were not participating in the program.

Sec. 47117. Use of apportioned amounts

    (a) Grant Purpose.--Except as provided in this section, an amount 
apportioned under section 47114(c)(1) or (d)(2) of this title is 
available for making grants for any purpose for which amounts are made 
available under section 48103 of this title.
    (b) Period of Availability.--An amount apportioned under section 
47114 of this title is available to be obligated for grants under the 
apportionment only during the fiscal year for which the amount was 
apportioned and the 2 fiscal years immediately after that year. If the 
amount is not obligated under the apportionment within that time, it 
shall be added to the discretionary fund.
    (c) Primary Airports.--(1) An amount apportioned to a sponsor of a 
primary airport under section 47114(c)(1) of this title is available 
for grants for any public-use airport of the sponsor included in the 
national plan of integrated airport systems.
    (2) A sponsor of a primary airport may make an agreement with the 
Secretary of Transportation waiving any part of the amount apportioned 
for the airport under section 47114(c)(1) of this title if the 
Secretary makes the waived amount available for a grant for another 
public-use airport in the same State or geographical area as the 
primary airport.
    (d) State Use.--An amount apportioned to a State under--
        (1) section 47114(d)(2)(A) of this title is available for 
    grants for airports located in the State; and
        (2) section 47114(d)(2)(B) or (C) of this title is available 
    for grants for airports described in section 47114(d)(2)(B) or (C) 
    and located in the State.
    (e) Special Apportionment Categories.--(1) The Secretary shall use 
amounts made available under section 48103 of this title for each 
fiscal year as follows:
        (A) at least 10 percent for grants for reliever airports.
        (B) at least 12.5 percent for grants for airport noise 
    compatibility planning under section 47505(a)(2) of this title and 
    for carrying out noise compatibility programs under section 
    47504(c)(1) of this title.
        (C) at least 2.5 percent for grants for--
            (i) nonprimary commercial service airports; and
            (ii) public airports (except commercial service airports) 
        that were eligible for United States Government assistance from 
        amounts apportioned under section 15(a)(3) of the Airport and 
        Airway Development Act of 1970, and to which section 
        15(a)(3)(A)(I) or (II) of the Act applied during the fiscal 
        year that ended September 30, 1981.
        (D) at least .5 percent for integrated airport system planning 
    grants to planning agencies designated by the Secretary and 
    authorized by the laws of a State or political subdivision of a 
    State to do planning for an area of the State or subdivision in 
    which a grant under this chapter is to be used.
        (E) at least 2.25 percent for the fiscal year ending September 
    30, 1993, and at least 2.5 percent for each of the fiscal years 
    ending September 30, 1994, and 1995, to sponsors of current or 
    former military airports designated by the Secretary under section 
    47118(a) of this title for grants for developing current and former 
    military airports to improve the capacity of the national air 
    transportation system.
    (2) A grant from the amount apportioned under section 47114(e) of 
this title may not be included as part of the 2.5 percent required to 
be used for grants under paragraph (1)(C) of this subsection.
    (3) If the Secretary decides that an amount required to be used for 
grants under paragraph (1) of this subsection cannot be used for a 
fiscal year because there are insufficient qualified grant 
applications, the amount the Secretary determines cannot be used is 
available during the fiscal year for grants for other airports or for 
other purposes for which amounts are authorized for grants under 
section 48103 of this title.
    (f) Limitation for Commercial Service Airport in Alaska.--The 
Secretary may not make a grant for a commercial service airport in 
Alaska of more than 110 percent of the amount apportioned for the 
airport for a fiscal year under section 47114(e) of this title.
    (g) Discretionary Use of Apportionments.--(1) Subject to paragraph 
(2) of this subsection, if the Secretary finds, based on the notices 
the Secretary receives under section 47105(e) of this title or 
otherwise, that an amount apportioned under section 47114 of this title 
will not be used for grants during a fiscal year, the Secretary may use 
an equal amount for grants during that fiscal year for any of the 
purposes for which amounts are authorized for grants under section 
48103 of this title.
    (2) The Secretary may make a grant under paragraph (1) of this 
subsection only if the Secretary decides that--
        (A) the total amount used for grants for the fiscal year under 
    section 48103 of this title will not be more than the amount made 
    available under section 48103 for that fiscal year; and
        (B) the amounts authorized for grants under section 48103 of 
    this title for later fiscal years are sufficient for grants of the 
    apportioned amounts that were not used for grants under the 
    apportionment during the fiscal year and that remain available 
    under subsection (b) of this section.
    (h) Limiting Authority of Secretary.--The authority of the 
Secretary to make grants during a fiscal year from amounts that were 
apportioned for a prior fiscal year and remain available for approved 
airport development project grants under subsection (b) of this section 
may be impaired only by a law enacted after September 3, 1982, that 
expressly limits that authority.

Sec. 47118. Designating current and former military airports

    (a) General Requirements.--The Secretary of Transportation shall 
designate not more than 12 current or former military airports for 
which grants may be made under section 47117(e)(1)(E) of this title.
    (b) Survey.--Not later than September 30, 1991, the Secretary shall 
complete a survey of current and former military airports to identify 
which airports have the greatest potential to improve the capacity of 
the national air transportation system. The survey shall identify the 
capital development needs of those airports to make them part of the 
system and which of those qualify for grants under section 47104 of 
this title.
    (c) Considerations.--In carrying out this section, the Secretary 
shall consider only current or former military airports that, when at 
least partly converted to civilian commercial or reliever airports as 
part of the national air transportation system, will enhance airport 
and air traffic control system capacity in major metropolitan areas and 
reduce current and projected flight delays.
    (d) Grants.--Grants under section 47117(e)(1)(E) of this title may 
be made for an airport designated under subsection (a) of this section 
for the 5 fiscal years following the designation. If an airport does 
not have a level of passengers getting on aircraft during that 5-year 
period that qualifies the airport as a small hub airport (as defined on 
January 1, 1990) or reliever airport, the Secretary may redesignate the 
airport for grants for additional fiscal years that the Secretary 
decides.
    (e) Terminal Building Facilities.--Notwithstanding section 47109(c) 
of this title, not more than $5,000,000 for each airport from amounts 
the Secretary distributes under section 47115 of this title for a 
fiscal year is available to the sponsor of a current or former military 
airport the Secretary designates under this section to construct, 
improve, or repair a terminal building facility, including terminal 
gates used for revenue passengers getting on or off aircraft. A gate 
constructed, improved, or repaired under this subsection--
        (1) may not be leased for more than 10 years; and
        (2) is not subject to majority in interest clauses.
    (f) Parking Lots, Fuel Farms, and Utilities.--Not more than a total 
of $4,000,000 for each airport from amounts the Secretary distributes 
under section 47115 of this title for the fiscal years ending September 
30, 1993-1995, is available to the sponsor of a current or former 
military airport the Secretary designates under this section to 
construct, improve, or repair airport surface parking lots, fuel farms, 
and utilities.

Sec. 47119. Terminal development costs

    (a) Repaying Borrowed Money.--An amount apportioned under section 
47114 of this title and made available to the sponsor of an air carrier 
airport at which terminal development was carried out after June 30, 
1970, and before July 12, 1976, is available to repay immediately money 
borrowed and used to pay the costs for terminal development at the 
airport, if those costs would be allowable project costs under section 
47110(d) of this title if they had been incurred after September 3, 
1982. An amount is available for a grant under this subsection--
        (1) only if--
            (A) the sponsor submits the certification required under 
        section 47110(d) of this title;
            (B) the Secretary of Transportation decides that using the 
        amount to repay the borrowed money will not defer an airport 
        development project outside the terminal area at that airport; 
        and
            (C) amounts available for airport development under this 
        subchapter will not be used for additional terminal development 
        projects at the airport for at least 3 years beginning on the 
        date the grant is used to repay the borrowed money; and
        (2) subject to the limitations in subsection (b)(1) and (2) of 
    this section.
    (b) Availability of Amounts.--In a fiscal year, the Secretary may 
make available--
        (1) to a sponsor of a primary airport, any part of amounts 
    apportioned to the sponsor for the fiscal year under section 
    47114(c)(1) of this title to pay project costs allowable under 
    section 47110(d) of this title;
        (2) to a sponsor of a nonprimary commercial service airport, 
    not more than $200,000 of the amount that may be distributed for 
    the fiscal year from the discretionary fund to pay project costs 
    allowable under section 47110(d) of this title; or
        (3) not more than $25,000,000 to pay project costs allowable 
    for the fiscal year under section 47110(d) of this title for 
    projects at commercial service airports that were not eligible for 
    assistance for terminal development during the fiscal year ending 
    September 30, 1980, under section 20(b) of the Airport and Airway 
    Development Act of 1970.

Sec. 47120. Grant priority

    In making a grant under this subchapter, the Secretary of 
Transportation may give priority to a project that is consistent with 
an integrated airport system plan.

Sec. 47121. Records and audits

    (a) Records.--A sponsor shall keep the records the Secretary of 
Transportation requires. The Secretary may require records--
        (1) that disclose--
            (A) the amount and disposition by the sponsor of the 
        proceeds of the grant;
            (B) the total cost of the plan or program for which the 
        grant is given or used; and
            (C) the amounts and kinds of costs of the plan or program 
        provided by other sources; and
        (2) that make it easier to carry out an audit.
    (b) Audits and Examinations.--The Secretary and the Comptroller 
General may audit and examine records of a sponsor that are related to 
a grant made under this subchapter.
    (c) Authority of Comptroller General.--When an independent audit is 
made of the accounts of a sponsor under this subchapter related to the 
disposition of the proceeds of the grant or related to the plan or 
program for which the grant was given or used, the sponsor shall submit 
a certified copy of the audit to the Comptroller General not more than 
6 months after the end of the fiscal year for which the audit was made. 
Not later than April 15 of each year, the Comptroller General shall 
report to Congress describing the results of each audit conducted or 
reviewed by the Comptroller General under this section during the prior 
fiscal year. The Comptroller General shall prescribe regulations 
necessary to carry out this subsection.
    (d) Audit Requirement.--The Secretary may require a sponsor to 
conduct an appropriate audit as a condition for receiving a grant under 
this subchapter.
    (e) Annual Review.--The Secretary shall review annually the 
recordkeeping and reporting requirements under this subchapter to 
ensure that they are the minimum necessary to carry out this 
subchapter.
    (f) Withholding Information From Congress.--This section does not 
authorize the Secretary or the Comptroller General to withhold 
information from a committee of Congress authorized to have the 
information.

Sec. 47122. Administrative

    (a) General.--The Secretary of Transportation may take action the 
Secretary considers necessary to carry out this subchapter, including 
conducting investigations and public hearings, prescribing regulations 
and procedures, and issuing orders.
    (b) Conducting Investigations and Public Hearings.--In conducting 
an investigation or public hearing under this subchapter, the Secretary 
has the same authority the Secretary has under section 46104 of this 
title. An action of the Secretary in exercising that authority is 
governed by the procedures specified in section 46104 and shall be 
enforced as provided in section 46104.

Sec. 47123. Nondiscrimination

    The Secretary of Transportation shall take affirmative action to 
ensure that an individual is not excluded because of race, creed, 
color, national origin, or sex from participating in an activity 
carried out with money received under a grant under this subchapter. 
The Secretary shall prescribe regulations necessary to carry out this 
section. The regulations shall be similar to those in effect under 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). 
This section is in addition to title VI of the Act.

Sec. 47124. Agreements for State and local operation of airport 
            facilities

    (a) Government Relief From Liability.--The Secretary of 
Transportation shall ensure that an agreement under this subchapter 
with a State or a political subdivision of a State to allow the State 
or subdivision to operate an airport facility in the State or 
subdivision relieves the United States Government from any liability 
arising out of, or related to, acts or omissions of employees of the 
State or subdivision in operating the airport facility.
    (b) Air Traffic Control Contract Program.--(1) The Secretary shall 
continue the low activity (Visual Flight Rules) level I air traffic 
control tower contract program established under subsection (a) of this 
section for towers existing on December 30, 1987, and extend the 
program to other towers as practicable.
    (2) The Secretary may make a contract, on a sole source basis, with 
a State or a political subdivision of a State to allow the State or 
subdivision to operate an airport traffic control tower classified as a 
level I (Visual Flight Rules) tower if the Secretary decides that the 
State or subdivision has the capability to comply with the requirements 
of this paragraph. The contract shall require that the State or 
subdivision comply with applicable safety regulations in operating the 
facility and with applicable competition requirements in making a 
subcontract to perform work to carry out the contract.

Sec. 47125. Conveyances of United States Government land

    (a) Conveyances to Public Agencies.--Except as provided in 
subsection (b) of this section, the Secretary of Transportation shall 
request the head of the department, agency, or instrumentality of the 
United States Government owning or controlling land or airspace to 
convey a property interest in the land or airspace to the public agency 
sponsoring the project or owning or controlling the airport when 
necessary to carry out a project under this subchapter at a public 
airport, to operate a public airport, or for the future development of 
an airport under the national plan of integrated airport systems. The 
head of the department, agency, or instrumentality shall decide whether 
the requested conveyance is consistent with the needs of the 
department, agency, or instrumentality and shall notify the Secretary 
of that decision not later than 4 months after receiving the request. 
If the head of the department, agency, or instrumentality decides that 
the requested conveyance is consistent with its needs, the head of the 
department, agency, or instrumentality, with the approval of the 
Attorney General and without cost to the Government, shall make the 
conveyance. A conveyance may be made only on the condition that the 
property interest conveyed reverts to the Government, at the option of 
the Secretary, to the extent it is not developed for an airport purpose 
or used consistently with the conveyance.
    (b) Nonapplication.--Except as specifically provided by law, 
subsection (a) of this section does not apply to land or airspace owned 
or controlled by the Government within--
        (1) a national park, national monument, national recreation 
    area, or similar area under the administration of the National Park 
    Service;
        (2) a unit of the National Wildlife Refuge System or similar 
    area under the jurisdiction of the United States Fish and Wildlife 
    Service; or
        (3) a national forest or Indian reservation.

Sec. 47126. Criminal penalties for false statements

    A person (including an officer, agent, or employee of the United 
States Government or a public agency) shall be fined under title 18, 
imprisoned for not more than 5 years, or both, if the person, with 
intent to defraud the Government, knowingly makes--
        (1) a false statement about the kind, quantity, quality, or 
    cost of the material used or to be used, or the quantity, quality, 
    or cost of work performed or to be performed, in connection with 
    the submission of a plan, map, specification, contract, or estimate 
    of project cost for a project included in a grant application 
    submitted to the Secretary of Transportation for approval under 
    this subchapter;
        (2) a false statement or claim for work or material for a 
    project included in a grant application approved by the Secretary 
    under this subchapter; or
        (3) a false statement in a report or certification required 
    under this subchapter.

Sec. 47127. Ground transportation demonstration projects

    (a) General Authority.--To improve the airport and airway system of 
the United States consistent with regional airport system plans 
financed under section 13(b) of the Airport and Airway Development Act 
of 1970, the Secretary of Transportation may carry out ground 
transportation demonstration projects to improve ground access to air 
carrier airport terminals. The Secretary may carry out a demonstration 
project independently or by grant or contract, including an agreement 
with another department, agency, or instrumentality of the United 
States Government.
    (b) Priority.--In carrying out this section, the Secretary shall 
give priority to a demonstration project that--
        (1) affects an airport in an area with an operating regional 
    rapid transit system with existing facilities reasonably near the 
    airport;
        (2) includes connection of the airport terminal to that system;
        (3) is consistent with and supports a regional airport system 
    plan adopted by the planning agency for the region and submitted to 
    the Secretary; and
        (4) improves access to air transportation for individuals 
    residing or working in the region by encouraging the optimal 
    balance of use of airports in the region.

Sec. 47128. State block grant pilot program

    (a) General Requirements.--The Secretary of Transportation shall 
prescribe regulations to carry out a State block grant pilot program. 
The regulations shall provide that the Secretary may designate not more 
than 7 qualified States to assume administrative responsibility for all 
airport grant amounts available under this subchapter, except for 
amounts designated for use at primary airports.
    (b) Applications and Selection.--(1) A State wishing to participate 
in the program must submit an application to the Secretary. The 
Secretary shall select a State on the basis of its application only 
after--
        (A) deciding the State has an organization capable of 
    effectively administering a block grant made under this section;
        (B) deciding the State uses a satisfactory airport system 
    planning process;
        (C) deciding the State uses a programming process acceptable to 
    the Secretary;
        (D) finding that the State has agreed to comply with United 
    States Government standard requirements for administering the block 
    grant; and
        (E) finding that the State has agreed to provide the Secretary 
    with program information the Secretary requires.
    (2) For the fiscal years ending September 30, 1993-1996, the States 
selected shall include Illinois, Missouri, and North Carolina.
    (c) Safety and Security Needs and Needs of System.--Before deciding 
whether a planning process is satisfactory or a programming process is 
acceptable under subsection (b)(2) or (3) of this section, the 
Secretary shall ensure that the process provides for meeting critical 
safety and security needs and that the programming process ensures that 
the needs of the national airport system will be addressed in deciding 
which projects will receive money from the Government.
    (d) Ending Effective Date and Report.--This section is effective 
only through September 30, 1996.

Sec. 47129. Annual report

    Not later than April 1 of each year, the Secretary of 
Transportation shall submit to Congress a report on activities carried 
out under this subchapter during the prior fiscal year. The report 
shall include--
        (1) a detailed statement of airport development completed;
        (2) the status of each project undertaken;
        (3) the allocation of appropriations; and
        (4) an itemized statement of expenditures and receipts.

          SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS

Sec. 47151. Authority to transfer an interest in surplus property

    (a) General Authority.--Subject to sections 47152 and 47153 of this 
title, a department, agency, or instrumentality of the executive branch 
of the United States Government or a wholly owned Government 
corporation may give a State, political subdivision of a State, or tax-
supported organization any interest in surplus property--
        (1) that the Secretary of Transportation decides is--
            (A) desirable for developing, improving, operating, or 
        maintaining a public airport (as defined in section 47102 of 
        this title);
            (B) reasonably necessary to fulfill the immediate and 
        foreseeable future requirements for developing, improving, 
        operating, or maintaining a public airport; or
            (C) needed for developing sources of revenue from 
        nonaviation businesses at a public airport; and
        (2) if the Administrator of General Services approves the gift 
    and decides the interest is not best suited for industrial use.
    (b) Ensuring Compliance.--Only the Secretary may ensure compliance 
with an instrument giving an interest in surplus property under this 
subchapter. The Secretary may amend the instrument to correct the 
instrument or to make the gift comply with law.
    (c) Disposing of Interests Not Given Under This Subchapter.--An 
interest in surplus property that could be used at a public airport but 
that is not given under this subchapter shall be disposed of under 
other applicable law.

Sec. 47152. Terms of gifts

    Except as provided in section 47153 of this title, the following 
terms apply to a gift of an interest in surplus property under this 
subchapter:
        (1) A State, political subdivision of a State, or tax-supported 
    organization receiving the interest may use, lease, salvage, or 
    dispose of the interest for other than airport purposes only after 
    the Secretary of Transportation gives written consent that the 
    interest can be used, leased, salvaged, or disposed of without 
    materially and adversely affecting the development, improvement, 
    operation, or maintenance of the airport at which the property is 
    located.
        (2) The interest shall be used and maintained for public use 
    and benefit without unreasonable discrimination.
        (3) A right may not be vested in a person, excluding others in 
    the same class from using the airport at which the property is 
    located--
            (A) to conduct an aeronautical activity requiring the 
        operation of aircraft; or
            (B) to engage in selling or supplying aircraft, aircraft 
        accessories, equipment, or supplies (except gasoline and oil), 
        or aircraft services necessary to operate aircraft (including 
        maintaining and repairing aircraft, aircraft engines, 
        propellers, and appliances).
        (4) The State, political subdivision, or tax-supported 
    organization accepting the interest shall clear and protect the 
    aerial approaches to the airport by mitigating existing, and 
    preventing future, airport hazards.
        (5) During a national emergency declared by the President or 
    Congress, the United States Government is entitled to use, control, 
    or possess, without charge, any part of the public airport at which 
    the property is located. However, the Government shall--
            (A) pay the entire cost of maintaining the part of the 
        airport it exclusively uses, controls, or possesses during the 
        emergency;
            (B) contribute a reasonable share, consistent with the 
        Government's use, of the cost of maintaining the property it 
        uses nonexclusively, or over which the Government has 
        nonexclusive control or possession, during the emergency; and
            (C) pay a fair rental for use, control, or possession of 
        improvements to the airport made without Government assistance.
        (6) The Government is entitled to the nonexclusive use, without 
    charge, of the landing area of an airport at which the property is 
    located. The Secretary may limit the use of the landing area if 
    necessary to prevent unreasonable interference with use by other 
    authorized aircraft. However, the Government shall--
            (A) contribute a reasonable share, consistent with the 
        Government's use, of the cost of maintaining and operating the 
        landing area; and
            (B) pay for damages caused by its use of the landing area 
        if its use of the landing area is substantial.
        (7) The State, political subdivision, or tax-supported 
    organization accepting the interest shall release the Government 
    from all liability for damages arising under an agreement that 
    provides for Government use of any part of an airport owned, 
    controlled, or operated by the State, political subdivision, or 
    tax-supported organization on which, adjacent to which, or in 
    connection with which, the property is located.
        (8) When a term under this section is not satisfied, any part 
    of the interest in the property reverts to the Government, at the 
    option of the Government, as the property then exists.

Sec. 47153. Waiving and adding terms

    (a) General Authority.--(1) The Secretary of Transportation may 
waive, without charge, a term of a gift of an interest in property 
under this subchapter if the Secretary decides that--
        (A) the property no longer serves the purpose for which it was 
    given; or
        (B) the waiver will not prevent carrying out the purpose for 
    which the gift was made and is necessary to advance the civil 
    aviation interests of the United States.
    (2) The Secretary of Transportation shall waive a term under 
paragraph (1) of this subsection on terms the Secretary considers 
necessary to protect or advance the civil aviation interests of the 
United States.
    (b) Waivers and Inclusion of Additional Terms on Request.--On 
request of the Secretary of Transportation or the Secretary of a 
military department, a department, agency, or instrumentality of the 
executive branch of the United States Government or a wholly owned 
Government corporation may waive a term required by section 47152 of 
this title or add another term if the appropriate Secretary decides it 
is necessary to protect or advance the interests of the United States 
in civil aviation or for national defense.

             CHAPTER 473--INTERNATIONAL AIRPORT FACILITIES

Sec.
47301.  Definitions.
47302.  Providing airport and airway property in foreign territories.
47303.  Training foreign citizens.
47304.  Transfer of airport and airway property.
47305.  Administrative.
47306.  Criminal penalty.

Sec. 47301. Definitions

    In this chapter--
        (1) ``airport property'' means an interest in property used or 
    useful in operating and maintaining an airport.
        (2) ``airway property'' means an interest in property used or 
    useful in operating and maintaining a ground installation, 
    facility, or equipment desirable for the orderly and safe operation 
    of air traffic, including air navigation, air traffic control, 
    airway communication, and meteorological facilities.
        (3) ``foreign territory'' means an area--
            (A) over which no government or a government of a foreign 
        country has sovereignty;
            (B) temporarily under military occupation by the United 
        States Government; or
            (C) occupied or administered by the Government or a 
        government of a foreign country under an international 
        agreement.
        (4) ``territory outside the continental United States'' means 
    territory outside the 48 contiguous States and the District of 
    Columbia.

Sec. 47302. Providing airport and airway property in foreign 
            territories

    (a) General Authority.--Subject to the concurrence of the Secretary 
of State and the consideration of objectives of the International Civil 
Aviation Organization--
        (1) the Secretary of Transportation may acquire, establish, and 
    construct airport property and airway property (except 
    meteorological facilities) in foreign territory; and
        (2) the Secretary of Commerce may acquire, establish, and 
    construct meteorological facilities in foreign territory.
    (b) Specific Appropriations Required.--Except for airport property 
transferred under section 47304(b) of this title, an airport (as 
defined in section 40102(a) of this title) may be acquired, 
established, or constructed under subsection (a) of this section only 
if amounts have been appropriated specifically for the airport.
    (c) Accepting Foreign Payments.--The Secretary of Transportation or 
Commerce, as appropriate, may accept payment from a government of a 
foreign country or international organization for facilities or 
services sold or provided the government or organization under this 
chapter. The amount received may be credited to the appropriation 
current when the expenditures are or were paid, the appropriation 
current when the amount is received, or both.

Sec. 47303. Training foreign citizens

    Subject to the concurrence of the Secretary of State, the Secretary 
of Transportation or Commerce, as appropriate, may train a foreign 
citizen in a subject related to aeronautics and essential to the 
orderly and safe operation of civil aircraft. The training may be 
provided--
        (1) directly by the appropriate Secretary or jointly with 
    another department, agency, or instrumentality of the United States 
    Government;
        (2) through a public or private agency of the United States 
    (including a State or municipal educational institution); or
        (3) through an international organization.

Sec. 47304. Transfer of airport and airway property

    (a) General Authority.--When requested by the government of a 
foreign country or an international organization, the Secretary of 
Transportation or Commerce, as appropriate, may transfer to the 
government or organization airport property and airway property 
operated and maintained under this chapter by the appropriate Secretary 
in foreign territory. The transfer shall be on terms the appropriate 
Secretary considers proper, including consideration agreed on through 
negotiations with the government or organization.
    (b) Property Installed or Controlled by Military.--Subject to terms 
to which the parties agree, the Secretary of a military department may 
transfer without charge to the Secretary of Transportation airport 
property and airway property (except meteorological facilities), and to 
the Secretary of Commerce meteorological facilities, that the Secretary 
of the military department installed or controls in territory outside 
the continental United States. The transfer may be made if consistent 
with the needs of national defense and--
        (1) the Secretary of the military department finds that the 
    property or facility is no longer required exclusively for military 
    purposes; and
        (2) the Secretary of Transportation or Commerce, as 
    appropriate, decides that the transfer is or may be necessary to 
    carry out this chapter.
    (c) Republic of Panama.--(1) The Secretary of Transportation may 
provide, operate, and maintain facilities and services for air 
navigation, airway communications, and air traffic control in the 
Republic of Panama subject to--
        (A) the approval of the Secretary of Defense; and
        (B) each obligation assumed by the United States Government 
    under an agreement between the Government and the Republic of 
    Panama.
    (2) The Secretary of a military department may transfer without 
charge to the Secretary of Transportation property located in the 
Republic of Panama when the Secretary of Transportation decides that 
the transfer may be useful in carrying out this chapter.
    (3) Subsection (b) of this section (related to the Secretary of 
Transportation) and section 47302(a) and (b) of this title do not apply 
in carrying out this subsection.
    (d) Retaking Property for Military Requirement.--(1) When necessary 
for a military requirement, the Secretary of a military department 
immediately may retake property (with any improvements to it) 
transferred by the Secretary under subsection (b) or (c) of this 
section. The Secretary shall pay reasonable compensation to each person 
(or its successor in interest) that made an improvement to the property 
that was not made at the expense of the Government. The Secretary or a 
delegate of the Secretary shall decide on the amount of compensation.
    (2) On the recommendation of the Secretary of Transportation or 
Commerce, as appropriate, the Secretary of a military department may 
decide not to act under paragraph (1) of this subsection.

Sec. 47305. Administrative

    (a) General Authority.--The Secretary of Transportation shall 
consolidate, operate, protect, maintain, and improve airport property 
and airway property (except meteorological facilities), and the 
Secretary of Commerce may consolidate, operate, protect, maintain, and 
improve meteorological facilities, that the appropriate Secretary has 
acquired and that are located in territory outside the continental 
United States. In carrying out this section, the appropriate Secretary 
may--
        (1) adapt the property or facility to the needs of civil 
    aeronautics;
        (2) lease the property or facility for not more than 20 years;
        (3) make a contract, or provide directly, for facilities and 
    services;
        (4) make reasonable charges for aeronautical services; and
        (5) acquire an interest in property.
    (b) Crediting Appropriations.--Money received from the direct sale 
or charge that the Secretary of Transportation or Commerce, as 
appropriate, decides is equivalent to the cost of facilities and 
services sold or provided under subsection (a)(3) and (4) of this 
section is credited to the appropriation from which the cost was paid. 
The balance shall be deposited in the Treasury as miscellaneous 
receipts.
    (c) Using Other Government Facilities and Services.--To carry out 
this chapter and to use personnel and facilities of the United States 
Government most advantageously and without unnecessary duplication, the 
Secretary of Transportation or Commerce, as appropriate, shall request, 
when practicable, to use a facility or service of an appropriate 
department, agency, or instrumentality of the Government on a 
reimbursable basis. A department, agency, or instrumentality receiving 
a request under this section may provide the facility or service.
    (d) Advertising Not Required.--Section 3709 of the Revised Statutes 
(41 U.S.C. 5) does not apply to a lease or contract made by the 
Secretary of Transportation or Commerce under this chapter.

Sec. 47306. Criminal penalty

    A person that knowingly and willfully violates a regulation 
prescribed by the Secretary of Transportation to carry out this chapter 
shall be fined under title 18, imprisoned for not more than 6 months, 
or both.

                           CHAPTER 475--NOISE

                      SUBCHAPTER I--NOISE ABATEMENT

Sec.
47501.  Definitions.
47502.  Noise measurement and exposure systems and identifying land use 
          compatible with noise exposure.
47503.  Noise exposure maps.
47504.  Noise compatibility programs.
47505.  Airport noise compatibility planning grants.
47506.  Limitations on recovering damages for noise.
47507.  Nonadmissibility of noise exposure map and related information 
          as evidence.
47508.  Noise standards for air carriers and foreign air carriers 
          providing foreign air transportation.

              SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY

47521.  Findings.
47522.  Definitions.
47523.  National aviation noise policy.
47524.  Airport noise and access restriction review program.
47525.  Decision about airport noise and access restrictions on certain 
          stage 2 aircraft.
47526.  Limitations for noncomplying airport noise and access 
          restrictions.
47527.  Liability of the United States Government for noise damages.
47528.  Prohibition on operating certain aircraft not complying with 
          stage 3 noise levels.
47529.  Nonaddition rule.
47530.  Nonapplication of sections 47528(a)-(d) and 47529 to aircraft 
          outside the 48 contiguous States.
47531.  Penalties for violating sections 47528-47530.
47532.  Judicial review.
47533.  Relationship to other laws.

                     SUBCHAPTER I--NOISE ABATEMENT

Sec. 47501. Definitions

    In this subchapter--
        (1) ``airport'' means a public-use airport as defined in 
    section 47102 of this title.
        (2) ``airport operator'' means--
            (A) for an airport serving air carriers that have 
        certificates from the Secretary of Transportation, any person 
        holding an airport operating certificate issued under section 
        44706 of this title; and
            (B) for any other airport, the person operating the 
        airport.

Sec. 47502. Noise measurement and exposure systems and identifying land 
            use compatible with noise exposure

    After consultation with the Administrator of the Environmental 
Protection Agency and United States Government, State, and interstate 
agencies that the Secretary of Transportation considers appropriate, 
the Secretary shall by regulation--
        (1) establish a single system of measuring noise that--
            (A) has a highly reliable relationship between projected 
        noise exposure and surveyed reactions of individuals to noise; 
        and
            (B) is applied uniformly in measuring noise at airports and 
        the surrounding area;
        (2) establish a single system for determining the exposure of 
    individuals to noise resulting from airport operations, including 
    noise intensity, duration, frequency, and time of occurrence; and
        (3) identify land uses normally compatible with various 
    exposures of individuals to noise.

Sec. 47503. Noise exposure maps

    (a) Submission and Preparation.--An airport operator may submit to 
the Secretary of Transportation a noise exposure map showing the 
noncompatible uses in each area of the map on the date the map is 
submitted, a description of estimated aircraft operations during 1985, 
and how those operations will affect the map. The map shall--
        (1) be prepared in consultation with public agencies and 
    planning authorities in the area surrounding the airport; and
        (2) comply with regulations prescribed under section 47502 of 
    this title.
    (b) Revised Maps.--If a change in the operation of an airport will 
establish a substantial new noncompatible use in an area surrounding 
the airport, the airport operator shall submit a revised noise exposure 
map to the Secretary showing the new noncompatible use.

Sec. 47504. Noise compatibility programs

    (a) Submissions.--(1) An airport operator that submitted a noise 
exposure map and related information under section 47503(a) of this 
title may submit a noise compatibility program to the Secretary of 
Transportation after--
        (A) consulting with public agencies and planning authorities in 
    the area surrounding the airport, United States Government 
    officials having local responsibility for the airport, and air 
    carriers using the airport; and
        (B) notice and an opportunity for a public hearing.
    (2) A program submitted under paragraph (1) of this subsection 
shall state the measures the operator has taken or proposes to take to 
reduce existing noncompatible uses and prevent introducing additional 
noncompatible uses in the area covered by the map. The measures may 
include--
        (A) establishing a preferential runway system;
        (B) restricting the use of the airport by a type or class of 
    aircraft because of the noise characteristics of the aircraft;
        (C) constructing barriers and acoustical shielding and 
    soundproofing public buildings;
        (D) using flight procedures to control the operation of 
    aircraft to reduce exposure of individuals to noise in the area 
    surrounding the airport; and
        (E) acquiring land, air rights, easements, development rights, 
    and other interests to ensure that the property will be used in 
    ways compatible with airport operations.
    (b) Approvals.--(1) The Secretary shall approve or disapprove a 
program submitted under subsection (a) of this section (except as the 
program is related to flight procedures referred to in subsection 
(a)(2)(D) of this section) not later than 180 days after receiving it. 
The Secretary shall approve the program (except as the program is 
related to flight procedures referred to in subsection (a)(2)(D)) if 
the program--
        (A) does not place an unreasonable burden on interstate or 
    foreign commerce;
        (B) is reasonably consistent with achieving the goal of 
    reducing noncompatible uses and preventing the introduction of 
    additional noncompatible uses; and
        (C) provides for necessary revisions because of a revised map 
    submitted under section 47503(b) of this title.
    (2) A program (except as the program is related to flight 
procedures referred to in subsection (a)(2)(D) of this section) is 
deemed to be approved if the Secretary does not act within the 180-day 
period.
    (3) The Secretary shall submit any part of a program related to 
flight procedures referred to in subsection (a)(2)(D) of this section 
to the Administrator of the Federal Aviation Administration. The 
Administrator shall approve or disapprove that part of the program.
    (c) Grants.--(1) The Secretary may incur obligations to make grants 
from amounts available under section 48103 of this title to carry out a 
project under a part of a noise compatibility program approved under 
subsection (b) of this section. A grant may be made to--
        (A) an airport operator submitting the program;
        (B) a unit of local government in the area surrounding the 
    airport, if the Secretary decides the unit is able to carry out the 
    project;
        (C) an airport operator or unit of local government referred to 
    in clause (A) or (B) of this paragraph to carry out any part of a 
    program developed before February 18, 1980, or before implementing 
    regulations were prescribed, if the Secretary decides the program 
    is substantially consistent with reducing existing noncompatible 
    uses and preventing the introduction of additional noncompatible 
    uses and the purposes of this chapter will be furthered by promptly 
    carrying out the program; and
        (D) an airport operator or unit of local government referred to 
    in clause (A) or (B) of this paragraph to soundproof a building in 
    the noise impact area surrounding the airport that is used 
    primarily for educational or medical purposes and that the 
    Secretary decides is adversely affected by airport noise.
    (2) An airport operator may agree to make a grant made under 
paragraph (1)(A) of this subsection available to a public agency in the 
area surrounding the airport if the Secretary decides the agency is 
able to carry out the project.
    (3) The Government's share of a project for which a grant is made 
under paragraph (1) of this subsection is the greater of--
        (A) 80 percent of the cost of the project; or
        (B) the Government's share that would apply if the amounts 
    available for the project were made available under subchapter I of 
    chapter 471 of this title for a project at the airport.
    (4) The provisions of subchapter I of chapter 471 of this title 
related to grants apply to a grant made under this chapter, except--
        (A) section 47109(a) and (b) of this title; and
        (B) any provision that the Secretary decides is inconsistent 
    with, or unnecessary to carry out, this chapter.
    (d) Government Relief From Liability.--The Government is not liable 
for damages from aviation noise because of action taken under this 
section.

Sec. 47505. Airport noise compatibility planning grants

    (a) General Authority.--The Secretary of Transportation may make a 
grant to a sponsor of an airport to develop, for planning purposes, 
information necessary to prepare and submit--
        (1) a noise exposure map and related information under section 
    47503 of this title, including the cost of obtaining the 
    information; or
        (2) a noise compatibility program under section 47504 of this 
    title.
    (b) Availability of Amounts and Government's Share of Costs.--A 
grant under subsection (a) of this section may be made from amounts 
available under section 48103 of this title. The United States 
Government's share of the grant is the percent for which a project for 
airport development at an airport would be eligible under section 
47109(a) and (b) of this title.

Sec. 47506. Limitations on recovering damages for noise

    (a) General Limitations.--A person acquiring an interest in 
property after February 18, 1980, in an area surrounding an airport for 
which a noise exposure map has been submitted under section 47503 of 
this title and having actual or constructive knowledge of the existence 
of the map may recover damages for noise attributable to the airport 
only if, in addition to any other elements for recovery of damages, the 
person shows that--
        (1) after acquiring the interest, there was a significant--
            (A) change in the type or frequency of aircraft operations 
        at the airport;
            (B) change in the airport layout;
            (C) change in flight patterns; or
            (D) increase in nighttime operations; and
        (2) the damages resulted from the change or increase.
    (b) Constructive Knowledge.--Constructive knowledge of the 
existence of a map under subsection (a) of this section shall be 
imputed, at a minimum, to a person if--
        (1) before the person acquired the interest, notice of the 
    existence of the map was published at least 3 times in a newspaper 
    of general circulation in the county in which the property is 
    located; or
        (2) the person is given a copy of the map when acquiring the 
    interest.

Sec. 47507. Nonadmissibility of noise exposure map and related 
            information as evidence

    No part of a noise exposure map or related information described in 
section 47503 of this title that is submitted to, or prepared by, the 
Secretary of Transportation and no part of a list of land uses the 
Secretary identifies as normally compatible with various exposures of 
individuals to noise may be admitted into evidence or used for any 
other purpose in a civil action asking for relief for noise resulting 
from the operation of an airport.

Sec. 47508. Noise standards for air carriers and foreign air carriers 
            providing foreign air transportation

    (a) General Requirements.--The Secretary of Transportation shall 
require each air carrier and foreign air carrier providing foreign air 
transportation to comply with noise standards--
        (1) the Secretary prescribed for new subsonic aircraft in 
    regulations of the Secretary in effect on January 1, 1977; or
        (2) of the International Civil Aviation Organization that are 
    substantially compatible with standards of the Secretary for new 
    subsonic aircraft in regulations of the Secretary at parts 36 and 
    91 of title 14, Code of Federal Regulations, prescribed between 
    January 2, 1977, and January 1, 1982.
    (b) Compliance at Phased Rate.--The Secretary shall require each 
air carrier and foreign air carrier providing foreign air 
transportation to comply with the noise standards at a phased rate 
similar to the rate for aircraft registered in the United States.
    (c) Nondiscrimination.--The requirement for air carriers providing 
foreign air transportation may not be more stringent than the 
requirement for foreign air carriers.

             SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY

Sec. 47521. Findings

    Congress finds that--
        (1) aviation noise management is crucial to the continued 
    increase in airport capacity;
        (2) community noise concerns have led to uncoordinated and 
    inconsistent restrictions on aviation that could impede the 
    national air transportation system;
        (3) a noise policy must be carried out at the national level;
        (4) local interest in aviation noise management shall be 
    considered in determining the national interest;
        (5) community concerns can be alleviated through the use of new 
    technology aircraft and the use of revenues, including those 
    available from passenger facility fees, for noise management;
        (6) revenues controlled by the United States Government can 
    help resolve noise problems and carry with them a responsibility to 
    the national airport system;
        (7) revenues derived from a passenger facility fee may be 
    applied to noise management and increased airport capacity; and
        (8) a precondition to the establishment and collection of a 
    passenger facility fee is the prescribing by the Secretary of 
    Transportation of a regulation establishing procedures for 
    reviewing airport noise and access restrictions on operations of 
    stage 2 and stage 3 aircraft.

Sec. 47522. Definitions

    In this subchapter--
        (1) ``air carrier'', ``air transportation'', and ``United 
    States'' have the same meanings given those terms in section 
    40102(a) of this title.
        (2) ``stage 3 noise levels'' means the stage 3 noise levels in 
    part 36 of title 14, Code of Federal Regulations, in effect on 
    November 5, 1990.

Sec. 47523. National aviation noise policy

    (a) General Requirements.--Not later than July 1, 1991, the 
Secretary of Transportation shall establish by regulation a national 
aviation noise policy that considers this subchapter, including the 
phaseout and nonaddition of stage 2 aircraft as provided in this 
subchapter and dates for carrying out that policy and reporting 
requirements consistent with this subchapter and law existing as of 
November 5, 1990.
    (b) Detailed Economic Analysis.--The policy shall be based on a 
detailed economic analysis of the impact of the phaseout date for stage 
2 aircraft on competition in the airline industry, including--
        (1) the ability of air carriers to achieve capacity growth 
    consistent with the projected rate of growth for the airline 
    industry;
        (2) the impact of competition in the airline and air cargo 
    industries;
        (3) the impact on nonhub and small community air service; and
        (4) the impact on new entry into the airline industry.

Sec. 47524. Airport noise and access restriction review program

    (a) General Requirements.--The national aviation noise policy 
established under section 47523 of this title shall provide for 
establishing by regulation a national program for reviewing airport 
noise and access restrictions on the operation of stage 2 and stage 3 
aircraft. The program shall provide for adequate public notice and 
opportunity for comment on the restrictions.
    (b) Stage 2 Aircraft.--Except as provided in subsection (d) of this 
section, an airport noise or access restriction may include a 
restriction on the operation of stage 2 aircraft proposed after October 
1, 1990, only if the airport operator publishes the proposed 
restriction and prepares and makes available for public comment at 
least 180 days before the effective date of the proposed restriction--
        (1) an analysis of the anticipated or actual costs and benefits 
    of the existing or proposed restriction;
        (2) a description of alternative restrictions;
        (3) a description of the alternative measures considered that 
    do not involve aircraft restrictions; and
        (4) a comparison of the costs and benefits of the alternative 
    measures to the costs and benefits of the proposed restriction.
    (c) Stage 3 Aircraft.--(1) Except as provided in subsection (d) of 
this section, an airport noise or access restriction on the operation 
of stage 3 aircraft not in effect on October 1, 1990, may become 
effective only if the restriction has been agreed to by the airport 
proprietor and all aircraft operators or has been submitted to and 
approved by the Secretary of Transportation after an airport or 
aircraft operator's request for approval as provided by the program 
established under this section. Restrictions to which this paragraph 
applies include--
        (A) a restriction on noise levels generated on either a single 
    event or cumulative basis;
        (B) a restriction on the total number of stage 3 aircraft 
    operations;
        (C) a noise budget or noise allocation program that would 
    include stage 3 aircraft;
        (D) a restriction on hours of operations; and
        (E) any other restriction on stage 3 aircraft.
    (2) Not later than 180 days after the Secretary receives an airport 
or aircraft operator's request for approval of an airport noise or 
access restriction on the operation of a stage 3 aircraft, the 
Secretary shall approve or disapprove the restriction. The Secretary 
may approve the restriction only if the Secretary finds on the basis of 
substantial evidence that--
        (A) the restriction is reasonable, nonarbitrary, and 
    nondiscriminatory;
        (B) the restriction does not create an unreasonable burden on 
    interstate or foreign commerce;
        (C) the restriction is not inconsistent with maintaining the 
    safe and efficient use of the navigable airspace;
        (D) the restriction does not conflict with a law or regulation 
    of the United States;
        (E) an adequate opportunity has been provided for public 
    comment on the restriction; and
        (F) the restriction does not create an unreasonable burden on 
    the national aviation system.
    (3) Paragraphs (1) and (2) of this subsection do not apply if the 
Administrator of the Federal Aviation Administration, before November 
5, 1990, has formed a working group (outside the process established by 
part 150 of title 14, Code of Federal Regulations) with a local airport 
operator to examine the noise impact of air traffic control procedure 
changes at the airport. However, if an agreement on noise reductions at 
that airport is made between the airport proprietor and one or more air 
carriers or foreign air carriers that constitute a majority of the 
carrier use of the airport, this paragraph applies only to a local 
action to enforce the agreement.
    (4) The Secretary may reevaluate an airport noise or access 
restriction previously agreed to or approved under this subsection on 
request of an aircraft operator able to demonstrate to the satisfaction 
of the Secretary that there has been a change in the noise environment 
of the affected airport that justifies a reevaluation. The Secretary 
shall establish by regulation procedures for conducting a reevaluation. 
A reevaluation--
        (A) shall be based on the criteria in paragraph (2) of this 
    subsection; and
        (B) may be conducted only after 2 years after a decision under 
    paragraph (2) of this subsection has been made.
    (d) Nonapplication.--Subsections (b) and (c) of this section do not 
apply to--
        (1) a local action to enforce a negotiated or executed airport 
    noise or access agreement between the airport operator and the 
    aircraft operators in effect on November 5, 1990;
        (2) a local action to enforce a negotiated or executed airport 
    noise or access restriction agreed to by the airport operator and 
    the aircraft operators before November 5, 1990;
        (3) an intergovernmental agreement including an airport noise 
    or access restriction in effect on November 5, 1990;
        (4) a subsequent amendment to an airport noise or access 
    agreement or restriction in effect on November 5, 1990, that does 
    not reduce or limit aircraft operations or affect aircraft safety;
        (5)(A) an airport noise or access restriction adopted by an 
    airport operator not later than October 1, 1990, and stayed as of 
    October 1, 1990, by a court order or as a result of litigation, if 
    any part of the restriction is subsequently allowed by a court to 
    take effect; or
        (B) a new restriction imposed by an airport operator to replace 
    any part of a restriction described in subclause (A) of this clause 
    that is disallowed by a court, if the new restriction would not 
    prohibit aircraft operations in effect on November 5, 1990; or
        (6) a local action that represents the adoption of the final 
    part of a program of a staged airport noise or access restriction 
    if the initial part of the program was adopted during 1988 and was 
    in effect on November 5, 1990.
    (e) Grant Limitations.--Beginning on the 91st day after the 
Secretary prescribes a regulation under subsection (a) of this section, 
a sponsor of a facility operating under an airport noise or access 
restriction on the operation of stage 3 aircraft that first became 
effective after October 1, 1990, is eligible for a grant under section 
47104 of this title and is eligible to impose a passenger facility fee 
under section 40117 of this title only if the restriction has been--
        (1) agreed to by the airport proprietor and aircraft operators;
        (2) approved by the Secretary as required by subsection (c)(1) 
    of this section; or
        (3) rescinded.

Sec. 47525. Decision about airport noise and access restrictions on 
            certain stage 2 aircraft

    The Secretary of Transportation shall conduct a study and decide on 
the application of section 47524(a)-(d) of this title to airport noise 
and access restrictions on the operation of stage 2 aircraft with a 
maximum weight of not more than 75,000 pounds. In making the decision, 
the Secretary shall consider--
        (1) noise levels produced by those aircraft relative to other 
    aircraft;
        (2) the benefits to general aviation and the need for 
    efficiency in the national air transportation system;
        (3) the differences in the nature of operations at airports and 
    the areas immediately surrounding the airports;
        (4) international standards and agreements on aircraft noise; 
    and
        (5) other factors the Secretary considers necessary.

Sec. 47526. Limitations for noncomplying airport noise and access 
            restrictions

    Unless the Secretary of Transportation is satisfied that an airport 
is not imposing an airport noise or access restriction not in 
compliance with this subchapter, the airport may not--
        (1) receive money under subchapter I of chapter 471 of this 
    title; or
        (2) impose a passenger facility fee under section 40117 of this 
    title.

Sec. 47527. Liability of the United States Government for noise damages

    When a proposed airport noise or access restriction is disapproved 
under this subchapter, the United States Government shall assume 
liability for noise damages only to the extent that a taking has 
occurred as a direct result of the disapproval. The United States Court 
of Federal Claims has exclusive jurisdiction of a civil action under 
this section.

Sec. 47528. Prohibition on operating certain aircraft not complying 
            with stage 3 noise levels

    (a) Prohibition.--Except as provided in subsection (b) of this 
section and section 47530 of this title, a person may operate after 
December 31, 1999, a civil subsonic turbojet with a maximum weight of 
more than 75,000 pounds to or from an airport in the United States only 
if the Secretary of Transportation finds that the aircraft complies 
with the stage 3 noise levels.
    (b) Waivers.--(1) If, not later than July 1, 1999, at least 85 
percent of the aircraft used by an air carrier to provide air 
transportation comply with the stage 3 noise levels, the carrier may 
apply for a waiver of subsection (a) of this section for the remaining 
aircraft used by the carrier to provide air transportation. The 
application must be filed with the Secretary not later than January 1, 
1999, and must include a plan with firm orders for making all aircraft 
used by the carrier to provide air transportation comply with the noise 
levels not later than December 31, 2003.
    (2) The Secretary may grant a waiver under this subsection if the 
Secretary finds it would be in the public interest. In making the 
finding, the Secretary shall consider the effect of granting the waiver 
on competition in the air carrier industry and on small community air 
service.
    (3) A waiver granted under this subsection may not permit the 
operation of stage 2 aircraft in the United States after December 31, 
2003.
    (c) Schedule for Phased-In Compliance.--The Secretary shall 
establish by regulation a schedule for phased-in compliance with 
subsection (a) of this section. The phase-in period shall begin on 
November 5, 1990, and end before December 31, 1999. The regulations 
shall establish interim compliance dates. The schedule for phased-in 
compliance shall be based on--
        (1) a detailed economic analysis of the impact of the phaseout 
    date for stage 2 aircraft on competition in the airline industry, 
    including--
            (A) the ability of air carriers to achieve capacity growth 
        consistent with the projected rate of growth for the airline 
        industry;
            (B) the impact of competition in the airline and air cargo 
        industries;
            (C) the impact on nonhub and small community air service; 
        and
            (D) the impact on new entry into the airline industry; and
        (2) an analysis of the impact of aircraft noise on individuals 
    residing near airports.
    (d) Annual Report.--Beginning with calendar year 1992--
        (1) each air carrier shall submit to the Secretary an annual 
    report on the progress the carrier is making toward complying with 
    the requirements of this section and regulations prescribed under 
    this section; and
        (2) the Secretary shall submit to Congress an annual report on 
    the progress being made toward that compliance.
    (e) Hawaiian Operations.--(1) In this subsection, ``turnaround 
service'' means a flight between places only in Hawaii.
    (2)(A) An air carrier or foreign air carrier may not operate in 
Hawaii, or between a place in Hawaii and a place outside the 48 
contiguous States, a greater number of stage 2 aircraft with a maximum 
weight of more than 75,000 pounds than it operated in Hawaii, or 
between a place in Hawaii and a place outside the 48 contiguous States, 
on November 5, 1990.
    (B) An air carrier that provided turnaround service in Hawaii on 
November 5, 1990, using stage 2 aircraft with a maximum weight of more 
than 75,000 pounds may include in the number of aircraft authorized 
under subparagraph (A) of this paragraph all stage 2 aircraft with a 
maximum weight of more than 75,000 pounds that were owned or leased by 
that carrier on that date, whether or not the aircraft were operated by 
the carrier on that date.
    (3) An air carrier may provide turnaround service in Hawaii using 
stage 2 aircraft with a maximum weight of more than 75,000 pounds only 
if the carrier provided the service on November 5, 1990.

Sec. 47529. Nonaddition rule

    (a) General Limitations.--Except as provided in subsection (b) of 
this section and section 47530 of this title, a person may operate a 
civil subsonic turbojet aircraft with a maximum weight of more than 
75,000 pounds that is imported into the United States after November 4, 
1990, only if the aircraft--
        (1) complies with the stage 3 noise levels; or
        (2) was purchased by the person importing the aircraft into the 
    United States under a legally binding contract made before November 
    5, 1990.
    (b) Exemptions.--The Secretary of Transportation may provide an 
exemption from subsection (a) of this section to permit a person to 
obtain modifications to an aircraft to meet the stage 3 noise levels.
    (c) Aircraft Deemed Not Imported.--In this section, an aircraft is 
deemed not to have been imported into the United States if the 
aircraft--
        (1) was owned on November 5, 1990, by--
            (A) a corporation, trust, or partnership organized under 
        the laws of the United States or a State (including the 
        District of Columbia);
            (B) an individual who is a citizen of the United States; or
            (C) an entity that is owned or controlled by a corporation, 
        trust, partnership, or individual described in subclause (A) or 
        (B) of this clause; and
        (2) enters the United States not later than 6 months after the 
    expiration of a lease agreement (including any extension) between 
    an owner described in clause (1) of this subsection and a foreign 
    carrier.

Sec. 47530. Nonapplication of sections 47528(a)-(d) and 47529 to 
            aircraft outside the 48 contiguous States

    Sections 47528(a)-(d) and 47529 of this title do not apply to 
aircraft used only to provide air transportation outside the 48 
contiguous States. A civil subsonic turbojet aircraft with a maximum 
weight of more than 75,000 pounds that is imported into a noncontiguous 
State or a territory or possession of the United States after November 
4, 1990, may be used to provide air transportation in the 48 contiguous 
States only if the aircraft complies with the stage 3 noise levels.

Sec. 47531. Penalties for violating sections 47528-47530

    A person violating sections 47528, 47529, or 47530 of this title or 
a regulation prescribed under those sections is subject to the same 
civil penalties and procedures under chapter 463 of this title as a 
person violating section 44701(a) or (b) or 44702-44716 of this title.

Sec. 47532. Judicial review

    An action taken by the Secretary of Transportation under sections 
47528-47531 of this title is subject to judicial review as provided 
under section 46110 of this title.

Sec. 47533. Relationship to other laws

    Except as provided by section 47524 of this title, this subchapter 
does not affect--
        (1) law in effect on November 5, 1990, on airport noise or 
    access restrictions by local authorities;
        (2) any proposed airport noise or access restriction at a 
    general aviation airport if the airport proprietor has formally 
    initiated a regulatory or legislative process before October 2, 
    1990; or
        (3) the authority of the Secretary of Transportation to seek 
    and obtain legal remedies the Secretary considers appropriate, 
    including injunctive relief.

                           PART C--FINANCING

       CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

Sec.
48101.  Air navigation facilities.
48102.  Research and development.
48103.  Airport planning and development and noise compatibility 
          planning and programs.
48104.  Certain direct costs and joint air navigation services.
48105.  Weather reporting services.
48106.  Airway science curriculum grants.
48107.  Civil aviation security research and development.
48108.  Availability and uses of amounts.
48109.  Submission of budget information and legislative recommendations 
          and comments.
48110.  Facilities for advanced training of maintenance technicians for 
          air carrier aircraft.

Sec. 48101. Air navigation facilities

    (a) General Authorization of Appropriations.--Not more than a total 
of the following amounts may be appropriated to the Secretary of 
Transportation out of the Airport and Airway Trust Fund established 
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 
9502) to acquire, establish, and improve air navigation facilities 
under section 44502(a)(1)(A) of this title:
        (1) for the fiscal years ending September 30, 1991-1993, 
    $8,200,000,000.
        (2) for the fiscal years ending September 30, 1991-1994, 
    $11,100,000,000.
        (3) for the fiscal years ending September 30, 1991-1995, 
    $14,000,000,000.
    (b) Major Airway Capital Investment Plan Changes.--If the Secretary 
decides that it is necessary to augment or substantially modify 
elements of the Airway Capital Investment Plan referred to in section 
44501(b) of this title (including a decision that it is necessary to 
establish more than 23 area control facilities), not more than 
$100,000,000 may be appropriated to the Secretary out of the Fund for 
the fiscal year ending September 30, 1994, to carry out the 
augmentation or modification.
    (c) Availability of Amounts.--Amounts appropriated under this 
section remain available until expended.

Sec. 48102. Research and development

    (a) Authorization of Appropriations.--Not more than the following 
amounts may be appropriated to the Secretary of Transportation out of 
the Airport and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out sections 
44504, 44505, 44507, 44509, and 44511-44513 of this title:
        (1) for the fiscal year ending September 30, 1993--
            (A) $14,700,000 only for management and analysis projects 
        and activities.
            (B) $87,000,000 only for capacity and air traffic 
        management technology projects and activities.
            (C) $28,000,000 only for communications, navigation, and 
        surveillance projects and activities.
            (D) $7,700,000 only for weather projects and activities.
            (E) $6,800,000 only for airport technology projects and 
        activities.
            (F) $44,000,000 only for aircraft safety technology 
        projects and activities.
            (G) $41,100,000 only for system security technology 
        projects and activities.
            (H) $31,000,000 only for human factors and aviation 
        medicine projects and activities.
            (I) $4,500,000 for environment and energy projects and 
        activities.
            (J) $5,200,000 for innovative and cooperative research 
        projects and activities.
        (2) for the fiscal year ending September 30, 1994, 
    $297,000,000.
    (b) Availability for Research.--(1) At least 15 percent of the 
amount appropriated under subsection (a) of this section shall be for 
long-term research projects.
    (2) At least 3 percent of the amount appropriated under subsection 
(a) of this section shall be available to the Administrator of the 
Federal Aviation Administration to make grants under section 44511 of 
this title.
    (c) Transfers Between Categories.--(1) Not more than 10 percent of 
the net amount authorized for a category of projects and activities in 
a fiscal year under subsection (a) of this section may be transferred 
to or from that category in that fiscal year.
    (2) The Secretary may transfer more than 10 percent of an 
authorized amount to or from a category only after--
        (A) submitting a written explanation of the proposed transfer 
    to the Committees on Science, Space, and Technology and 
    Appropriations of the House of Representatives and the Committees 
    on Commerce, Science, and Transportation and Appropriations of the 
    Senate; and
        (B) 30 days have passed after the explanation is submitted or 
    each Committee notifies the Secretary in writing that it does not 
    object to the proposed transfer.
    (d) Airport Capacity Research and Development.--(1) Of the amounts 
made available under subsection (a) of this section, at least 
$25,000,000 may be appropriated each fiscal year for research and 
development under section 44505(a) and (c) of this title on preserving 
and enhancing airport capacity, including research and development on 
improvements to airport design standards, maintenance, safety, 
operations, and environmental concerns.
    (2) The Administrator shall submit to the Committees on Science, 
Space, and Technology and Public Works and Transportation of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on expenditures made under 
paragraph (1) of this subsection for each fiscal year. The report shall 
be submitted not later than 60 days after the end of the fiscal year.
    (e) Air Traffic Controller Performance Research.--Necessary amounts 
may be appropriated to the Secretary out of amounts in the Fund 
available for research and development to conduct research under 
section 44506(a) and (b) of this title.
    (f) Availability of Amounts.--Amounts appropriated under subsection 
(a) of this section remain available until expended.

Sec. 48103. Airport planning and development and noise compatibility 
            planning and programs

    Not more than a total of $15,966,700,000 is available to the 
Secretary of Transportation for the fiscal years ending September 30, 
1982-1993, out of the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to 
make grants for airport planning and airport development under section 
47104 of this title, airport noise compatibility planning under section 
47505(a)(2) of this title, and carrying out noise compatibility 
programs under section 47504(c) of this title.

Sec. 48104. Certain direct costs and joint air navigation services

    (a) Authorization of Appropriations.--Except as provided in this 
section, the balance of the money available in the Airport and Airway 
Trust Fund established under section 9502 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9502) may be appropriated to the Secretary of 
Transportation out of the Fund for--
        (1) direct costs the Secretary incurs to flight check, operate, 
    and maintain air navigation facilities referred to in section 
    44502(a)(1)(A) of this title safely and efficiently; and
        (2) the costs of services provided under international 
    agreements related to the joint financing of air navigation 
    services assessed against the United States Government.
    (b) Limitation.--The amount that may be appropriated out of the 
Fund for each of the fiscal years ending September 30, 1993-1995, may 
not be more than an amount equal to--
        (1) 75 percent of the amount made available under sections 
    106(k) and 48101-48103 of this title for that fiscal year; less
        (2) the amount made available under sections 48101-48103 of 
    this title for that fiscal year.

Sec. 48105. Weather reporting services

    To reimburse the Secretary of Commerce for the cost incurred by the 
National Oceanic and Atmospheric Administration of providing weather 
reporting services to the Federal Aviation Administration, the 
Secretary of Transportation may expend from amounts available under 
section 48104 of this title not more than the following amounts:
        (1) for the fiscal year ending September 30, 1993, $35,596,000.
        (2) for the fiscal year ending September 30, 1994, $37,800,000.
        (3) for the fiscal year ending September 30, 1995, $39,000,000.

Sec. 48106. Airway science curriculum grants

    Amounts are available from the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502) to carry out section 44510 of this title. The amounts 
remain available until expended.

Sec. 48107. Civil aviation security research and development

    After the review under section 44912(b) of this title is completed, 
necessary amounts may be appropriated to the Secretary of 
Transportation out of the Airport and Airway Trust Fund established 
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 
9502) to make grants under section 44912(a)(4)(A).

Sec. 48108. Availability and uses of amounts

    (a) Availability of Amounts.--Amounts equal to the amounts 
authorized under sections 48101-48105 of this title remain in the 
Airport and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502) until appropriated for 
the purposes of sections 48101-48105.
    (b) Limitations on Uses.--(1) Amounts in the Fund may be 
appropriated only to carry out a program or activity referred to in 
this chapter.
    (2) Amounts in the Fund may be appropriated for administrative 
expenses of the Department of Transportation or a component of the 
Department only to the extent authorized by section 48104 of this 
title.
    (c) Limitation on Obligating or Expending Amounts.--In a fiscal 
year beginning after September 30, 1995, the Secretary of 
Transportation may obligate or expend an amount appropriated out of the 
Fund under section 48104 of this title only if a law expressly amends 
section 48104.

Sec. 48109. Submission of budget information and legislative 
            recommendations and comments

    When the Administrator of the Federal Aviation Administration 
submits to the Secretary of Transportation, the President, or the 
Director of the Office of Management and Budget any budget information, 
legislative recommendation, or comment on legislation about amounts 
authorized in section 48101 or 48102 of this title, the Administrator 
concurrently shall submit a copy of the information, recommendation, or 
comment to the Speaker of the House of Representatives, the Committees 
on Public Works and Transportation and Appropriations of the House, the 
President of the Senate, and the Committees on Commerce, Science, and 
Transportation and Appropriations of the Senate.

Sec. 48110. Facilities for advanced training of maintenance technicians 
            for air carrier aircraft

    For the fiscal years ending September 30, 1993-1995, amounts 
necessary to carry out section 44515 of this title may be appropriated 
to the Secretary of Transportation out of the Airport and Airway Trust 
Fund established under section 9502 of the Internal Revenue Code of 
1986 (26 U.S.C. 9502). The amounts remain available until expended.

                         PART D--MISCELLANEOUS

                 CHAPTER 491--BUY-AMERICAN PREFERENCES

Sec.
49101.  Buying goods produced in the United States.
49102.  Restricting contract awards because of discrimination against 
          United States goods or services.
49103.  Contract preference for domestic firms.
49104.  Restriction on airport projects using products or services of 
          foreign countries denying fair market opportunities.
49105.  Fraudulent use of ``Made in America'' label.

Sec. 49101. Buying goods produced in the United States

    (a) Preference.--The Secretary of Transportation may obligate an 
amount that may be appropriated to carry out section 106(k), 
44502(a)(2), or 44509, subchapter I of chapter 471 (except sections 
47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106, 
48107, and 48110) of this title for a project only if steel and 
manufactured goods used in the project are produced in the United 
States.
    (b) Waiver.--The Secretary may waive subsection (a) of this section 
if the Secretary finds that--
        (1) applying subsection (a) would be inconsistent with the 
    public interest;
        (2) the steel and goods produced in the United States are not 
    produced in a sufficient and reasonably available amount or are not 
    of a satisfactory quality;
        (3) when procuring a facility or equipment under section 
    44502(a)(2) or 44509, subchapter I of chapter 471 (except sections 
    47106(d) and 47127), or chapter 481 (except sections 48102(e), 
    48106, 48107, and 48110) of this title--
            (A) the cost of components and subcomponents produced in 
        the United States is more than 60 percent of the cost of all 
        components of the facility or equipment; and
            (B) final assembly of the facility or equipment has 
        occurred in the United States; or
        (4) including domestic material will increase the cost of the 
    overall project by more than 25 percent.
    (c) Labor Costs.--In this section, labor costs involved in final 
assembly are not included in calculating the cost of components.

Sec. 49102. Restricting contract awards because of discrimination 
            against United States goods or services

    A person or enterprise domiciled or operating under the laws of a 
foreign country may not make a contract or subcontract under section 
106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except 
sections 47106(d) and 47127), or chapter 481 (except sections 48102(e), 
48106, 48107, and 48110) of this title or subtitle B of title IX of the 
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508, 104 
Stat. 1388-353) if the government of that country unfairly maintains, 
in government procurement, a significant and persistent pattern of 
discrimination against United States goods or services that results in 
identifiable harm to United States businesses, that the President 
identifies under section 305(g)(1)(A) of the Trade Agreements Act of 
1979 (19 U.S.C. 2515(g)(1)(A)).

Sec. 49103. Contract preference for domestic firms

    (a) Definitions.--In this section--
        (1) ``domestic firm'' means a business entity incorporated, and 
    conducting business, in the United States.
        (2) ``foreign firm'' means a business entity not described in 
    clause (1) of this subsection.
    (b) Preference.--Subject to subsections (c) and (d) of this 
section, the Administrator of the Federal Aviation Administration may 
make, with a domestic firm, a contract related to a grant made under 
section 44511, 44512, or 44513 of this title that, under competitive 
procedures, would be made with a foreign firm, if--
        (1) the Administrator decides, and the Secretary of Commerce 
    and the United States Trade Representative concur, that the public 
    interest requires making the contract with the domestic firm, 
    considering United States international obligations and trade 
    relations;
        (2) the difference between the bids submitted by the foreign 
    firm and the domestic firm is not more than 6 percent;
        (3) the final product of the domestic firm will be assembled 
    completely in the United States; and
        (4) at least 51 percent of the final product of the domestic 
    firm will be produced in the United States.
    (c) Nonapplication.--Subsection (b) of this section does not apply 
if--
        (1) compelling national security considerations require that 
    subsection (b) of this section not apply; or
        (2) the Trade Representative decides that making the contract 
    would violate the General Agreement on Tariffs and Trade or an 
    international agreement to which the United States is a party.
    (d) Application to Certain Grants.--This section applies only to a 
contract related to a grant made under section 44511, 44512, or 44513 
of this title for which--
        (1) an amount is authorized by section 48102(a), (b), or (d) of 
    this title to be made available for the fiscal years ending 
    September 30, 1991, and September 30, 1992; and
        (2) a solicitation for bid is issued after November 5, 1990.
    (e) Report.--The Administrator shall submit a report to Congress 
on--
        (1) contracts to which this section applies that are made with 
    foreign firms in the fiscal years ending September 30, 1991, and 
    September 30, 1992;
        (2) the number of contracts that meet the requirements of 
    subsection (b) of this section, but that the Trade Representative 
    decides would violate the General Agreement on Tariffs and Trade or 
    an international agreement to which the United States is a party; 
    and
        (3) the number of contracts made under this section.

Sec. 49104. Restriction on airport projects using products or services 
            of foreign countries denying fair market opportunities

    (a) Definition and Rules for Construing Section.--In this section--
        (1) ``project'' has the same meaning given that term in section 
    47102 of this title.
        (2) each foreign instrumentality and each territory and 
    possession of a foreign country administered separately for customs 
    purposes is a separate foreign country.
        (3) an article substantially produced or manufactured in a 
    foreign country is a product of the country.
        (4) a service provided by a person that is a national of a 
    foreign country or that is controlled by a national of a foreign 
    country is a service of the country.
    (b) Limitation on Use of Available Amounts.--(1) An amount made 
available under subchapter I of chapter 471 of this title (except 
sections 47106(d) and 47127) may not be used for a project that uses a 
product or service of a foreign country during any period the country 
is on the list maintained by the United States Trade Representative 
under subsection (d)(1) of this section.
    (2) Paragraph (1) of this subsection does not apply when the 
Secretary of Transportation decides that--
        (A) applying paragraph (1) to the product, service, or project 
    is not in the public interest;
        (B) a product or service of the same class or type and of 
    satisfactory quality is not produced or offered in the United 
    States, or in a foreign country not listed under subsection (d)(1) 
    of this section, in a sufficient and reasonably available amount; 
    and
        (C) the project cost will increase by more than 20 percent if 
    the product or service is excluded.
    (c) Decisions on Denial of Fair Market Opportunities.--Not later 
than 30 days after a report is submitted to Congress under section 
181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade 
Representative, for a construction project of more than $500,000 for 
which the government of a foreign country supplies any part of the 
amount, shall decide whether the foreign country denies fair market 
opportunities for products and suppliers of the United States in 
procurement or for United States bidders. In making the decision, the 
Trade Representative shall consider information obtained in preparing 
the report and other information the Trade Representative considers 
relevant.
    (d) List of Countries Denying Fair Market Opportunities.--(1) The 
Trade Representative shall maintain a list of each foreign country the 
Trade Representative finds under subsection (c) of this section is 
denying fair market opportunities. The country shall remain on the list 
until the Trade Representative decides the country provides fair market 
opportunities.
    (2) The Trade Representative shall publish in the Federal 
Register--
        (A) annually the list required under paragraph (1) of this 
    subsection; and
        (B) any modification of the list made before the next list is 
    published.

Sec. 49105. Fraudulent use of ``Made in America'' label

    If the Secretary of Transportation decides that a person 
intentionally affixed a ``Made in America'' label to goods sold in or 
shipped to the United States that are not made in the United States, 
the Secretary shall declare the person ineligible, for not less than 3 
nor more than 5 years, to receive a contract or grant from the United 
States Government related to a contract made under section 106(k), 
44502(a)(2), or 44509, subchapter I of chapter 471 (except sections 
47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106, 
48107, and 48110) of this title or subtitle B of title IX of the 
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508, 104 
Stat. 1388-353). The Secretary may bring a civil action to enforce this 
section in any district court of the United States.

                        SUBTITLE VIII--PIPELINES

Chapter                                                             Sec.

SAFETY.............................................................60101
USER FEES..........................................................60301
INTERSTATE COMMERCE REGULATION.....................................60501

                          CHAPTER 601--SAFETY

Sec.
60101.  Definitions.
60102.  General authority.
60103.  Standards for liquefied natural gas pipeline facilities.
60104.  Requirements and limitations.
60105.  State certifications.
60106.  State agreements.
60107.  State grants.
60108.  Inspection and maintenance.
60109.  High-density population areas and environmentally sensitive 
          areas.
60110.  Excess flow valves.
60111.  Financial responsibility for liquefied natural gas facilities.
60112.  Pipeline facilities hazardous to life and property.
60113.  Customer-owned natural gas service lines.
60114.  One-call notification systems.
60115.  Technical safety standards committees.
60116.  Public education programs.
60117.  Administrative.
60118.  Compliance and waivers.
60119.  Judicial review.
60120.  Enforcement.
60121.  Actions by private persons.
60122.  Civil penalties.
60123.  Criminal penalties.
60124.  Annual reports.
60125.  Authorization of appropriations.

Sec. 60101. Definitions

    (a) In this chapter--
        (1) ``existing liquefied natural gas facility''--
            (A) means a liquefied natural gas facility for which an 
        application to approve the site, construction, or operation of 
        the facility was filed before March 1, 1978, with--
                (i) the Federal Energy Regulatory Commission (or any 
            predecessor); or
                (ii) the appropriate State or local authority, if the 
            facility is not subject to the jurisdiction of the 
            Commission under the Natural Gas Act (15 U.S.C. 717 et 
            seq.); but
            (B) does not include a facility on which construction is 
        begun after November 29, 1979, without the approval.
        (2) ``gas'' means natural gas, flammable gas, or toxic or 
    corrosive gas.
        (3) ``gas pipeline facility'' includes a pipeline, a right of 
    way, a facility, a building, or equipment used in transporting gas 
    or treating gas during its transportation.
        (4) ``hazardous liquid'' means--
            (A) petroleum or a petroleum product; and
            (B) a substance the Secretary of Transportation decides may 
        pose an unreasonable risk to life or property when transported 
        by a hazardous liquid pipeline facility in a liquid state 
        (except for liquefied natural gas).
        (5) ``hazardous liquid pipeline facility'' includes a pipeline, 
    a right of way, a facility, a building, or equipment used or 
    intended to be used in transporting hazardous liquid.
        (6) ``interstate gas pipeline facility''--
            (A) means a gas pipeline facility--
                (i) used to transport gas; and
                (ii) subject to the jurisdiction of the Commission 
            under the Natural Gas Act (15 U.S.C. 717 et seq.); but
            (B) does not include a gas pipeline facility transporting 
        gas from an interstate gas pipeline in a State to a direct 
        sales customer in that State buying gas for its own 
        consumption.
        (7) ``interstate hazardous liquid pipeline facility'' means a 
    hazardous liquid pipeline facility used to transport hazardous 
    liquid in interstate or foreign commerce.
        (8) ``interstate or foreign commerce''--
            (A) related to gas, means commerce--
                (i) between a place in a State and a place outside that 
            State; or
                (ii) that affects any commerce described in subclause 
            (A)(i) of this clause; and
            (B) related to hazardous liquid, means commerce between--
                (i) a place in a State and a place outside that State; 
            or
                (ii) places in the same State through a place outside 
            the State.
        (9) ``intrastate gas pipeline facility'' means--
            (A) a gas pipeline facility and transportation of gas 
        within a State not subject to the jurisdiction of the 
        Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); 
        and
            (B) a gas pipeline facility transporting gas from an 
        interstate gas pipeline in a State to a direct sales customer 
        in that State buying gas for its own consumption.
        (10) ``intrastate hazardous liquid pipeline facility'' means a 
    hazardous liquid pipeline facility that is not an interstate 
    hazardous liquid pipeline facility.
        (11) ``liquefied natural gas'' means natural gas in a liquid or 
    semisolid state.
        (12) ``liquefied natural gas accident'' means a release, 
    burning, or explosion of liquefied natural gas from any cause, 
    except a release, burning, or explosion that, under regulations 
    prescribed by the Secretary, does not pose a threat to public 
    health or safety, property, or the environment.
        (13) ``liquefied natural gas conversion'' means conversion of 
    natural gas into liquefied natural gas or conversion of liquefied 
    natural gas into natural gas.
        (14) ``liquefied natural gas pipeline facility''--
            (A) means a gas pipeline facility used for transporting or 
        storing liquefied natural gas, or for liquefied natural gas 
        conversion, in interstate or foreign commerce; but
            (B) does not include any part of a structure or equipment 
        located in navigable waters (as defined in section 3 of the 
        Federal Power Act (16 U.S.C. 796)).
        (15) ``municipality'' means a political subdivision of a State.
        (16) ``new liquefied natural gas pipeline facility'' means a 
    liquefied natural gas pipeline facility except an existing 
    liquefied natural gas pipeline facility.
        (17) ``person'', in addition to its meaning under section 1 of 
    title 1 (except as to societies), includes a State, a municipality, 
    and a trustee, receiver, assignee, or personal representative of a 
    person.
        (18) ``pipeline facility'' means a gas pipeline facility and a 
    hazardous liquid pipeline facility.
        (19) ``pipeline transportation'' means transporting gas and 
    transporting hazardous liquid.
        (20) ``State'' means a State of the United States, the District 
    of Columbia, and Puerto Rico.
        (21) ``transporting gas''--
            (A) means the gathering, transmission, or distribution of 
        gas by pipeline, or the storage of gas, in interstate or 
        foreign commerce; but
            (B) does not include gathering gas in a rural area outside 
        a populated area designated by the Secretary as a nonrural 
        area.
        (22) ``transporting hazardous liquid''--
            (A) means the movement of hazardous liquid by pipeline, or 
        the storage of hazardous liquid incidental to the movement of 
        hazardous liquid by pipeline, in or affecting interstate or 
        foreign commerce; but
            (B) does not include moving hazardous liquid through--
                (i) gathering lines in a rural area;
                (ii) onshore production, refining, or manufacturing 
            facilities; or
                (iii) storage or in-plant piping systems associated 
            with onshore production, refining, or manufacturing 
            facilities.
    (b) Gathering Lines.--(1)(A) Not later than October 24, 1994, the 
Secretary shall define by regulation the term ``gathering line''.
    (B) In defining ``gathering line'' for gas, the Secretary--
        (i) shall consider functional and operational characteristics 
    of the lines to be included in the definition; and
        (ii) is not bound by a classification the Commission 
    establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).
    (2)(A) Not later than October 24, 1995, the Secretary shall define 
by regulation the term ``regulated gathering line''. In defining the 
term, the Secretary shall consider factors such as location, length of 
line from the well site, operating pressure, throughput, and the 
composition of the transported gas or hazardous liquid, as appropriate, 
in deciding on the types of lines that functionally are gathering but 
should be regulated under this chapter because of specific physical 
characteristics.
    (B)(i) The Secretary also shall consider diameter when defining 
``regulated gathering line'' for hazardous liquid.
    (ii) The definition of ``regulated gathering line'' for hazardous 
liquid may not include a crude oil gathering line that has a nominal 
diameter of not more than 6 inches, is operated at low pressure, and is 
located in a rural area that is not unusually sensitive to 
environmental damage.

Sec. 60102. General authority

    (a)(1) Minimum Safety Standards.--The Secretary of Transportation 
shall prescribe minimum safety standards for pipeline transportation 
and for pipeline facilities. The standards--
        (A) apply to transporters of gas and hazardous liquid and to 
    owners and operators of pipeline facilities;
        (B) may apply to the design, installation, inspection, 
    emergency plans and procedures, testing, construction, extension, 
    operation, replacement, and maintenance of pipeline facilities; and
        (C) shall include a requirement that all individuals 
    responsible for the operation and maintenance of pipeline 
    facilities be tested for qualifications and certified to operate 
    and maintain those facilities.
    (2) As the Secretary considers appropriate, the operator of a 
pipeline facility may make the certification under paragraph (1)(C) of 
this subsection. Testing and certification under paragraph (1)(C) shall 
address the ability to recognize and react appropriately to abnormal 
operating conditions that may indicate a dangerous situation or a 
condition exceeding design limits.
    (b) Practicability and Safety Needs Standards.--A standard 
prescribed under subsection (a) of this section shall be practicable 
and designed to meet the need for gas pipeline safety, for safely 
transporting hazardous liquid, and for protecting the environment. 
Except as provided in section 60103 of this title, when prescribing the 
standard the Secretary shall consider--
        (1) relevant available--
            (A) gas pipeline safety information; or
            (B) hazardous liquid pipeline information;
        (2) the appropriateness of the standard for the particular type 
    of pipeline transportation or facility;
        (3) the reasonableness of the standard; and
        (4) the extent to which the standard will contribute to public 
    safety and the protection of the environment.
    (c) Public Safety Program Requirements.--(1) The Secretary shall 
include in the standards prescribed under subsection (a) of this 
section a requirement that an operator of a gas pipeline facility 
participate in a public safety program that--
        (A) notifies an operator of proposed demolition, excavation, 
    tunneling, or construction near or affecting the facility;
        (B) requires an operator to identify a pipeline facility that 
    may be affected by the proposed demolition, excavation, tunneling, 
    or construction, to prevent damaging the facility; and
        (C) the Secretary decides will protect a facility adequately 
    against a hazard caused by demolition, excavation, tunneling, or 
    construction.
    (2) To the extent a public safety program referred to in paragraph 
(1) of this subsection is not available, the Secretary shall prescribe 
standards requiring an operator to take action the Secretary prescribes 
to provide services comparable to services that would be available 
under a public safety program.
    (3) The Secretary may include in the standards prescribed under 
subsection (a) of this section a requirement that an operator of a 
hazardous liquid pipeline facility participate in a public safety 
program meeting the requirements of paragraph (1) of this subsection or 
maintain and carry out a damage prevention program that provides 
services comparable to services that would be available under a public 
safety program.
    (d) Facility Operation Information Standards.--The Secretary shall 
prescribe minimum standards requiring an operator of a pipeline 
facility subject to this chapter to maintain, to the extent 
practicable, information related to operating the facility and, when 
requested, to provide the information to the Secretary and an 
appropriate State official. The information shall include--
        (1) the business name, address, and telephone number, including 
    an operations emergency telephone number, of the operator;
        (2) accurate maps and a supplementary geographic description, 
    including an identification of areas described in regulations 
    prescribed under section 60109 of this title, that show the 
    location in the State of--
            (A) major gas pipeline facilities of the operator, 
        including transmission lines and significant distribution 
        lines; and
            (B) major hazardous liquid pipeline facilities of the 
        operator;
        (3) a description of--
            (A) the characteristics of the operator's pipelines in the 
        State; and
            (B) products transported through the operator's pipelines 
        in the State;
        (4) the manual that governs operating and maintaining pipeline 
    facilities in the State;
        (5) an emergency response plan describing the operator's 
    procedures for responding to and containing releases, including--
            (A) identifying specific action the operator will take on 
        discovering a release;
            (B) liaison procedures with State and local authorities for 
        emergency response; and
            (C) communication and alert procedures for immediately 
        notifying State and local officials at the time of a release; 
        and
        (6) other information the Secretary considers useful to inform 
    a State of the presence of pipeline facilities and operations in 
    the State.
    (e) Pipe Inventory Standards.--The Secretary shall prescribe 
minimum standards requiring an operator of a pipeline facility subject 
to this chapter and, to the extent the Secretary considers necessary, 
an operator of a gathering line that is not a regulated gathering line 
(as defined under section 60101(b)(2) of this title), to maintain for 
the Secretary, to the extent practicable, an inventory with appropriate 
information about the types of pipe used for the transmission of gas or 
hazardous liquid, as appropriate, in the operator's system and 
additional information, including the material's history and the leak 
history of the pipe. The inventory--
        (1) for a gas pipeline facility, shall include an 
    identification of each facility passing through an area described 
    in regulations prescribed under section 60109 of this title but 
    shall exclude equipment used with the compression of gas; and
        (2) for a hazardous liquid pipeline facility, shall include an 
    identification of each facility and gathering line passing through 
    an area described in regulations prescribed under section 60109 of 
    this title, whether the facility or gathering line otherwise is 
    subject to this chapter, but shall exclude equipment associated 
    only with the pipeline pumps or storage facilities.
    (f) Standards as Accommodating ``Smart Pigs''.--(1) The Secretary 
shall prescribe minimum safety standards requiring that the design and 
construction of a new gas pipeline transmission facility or hazardous 
liquid pipeline facility, and the required replacement of an existing 
gas pipeline transmission facility, hazardous liquid pipeline facility, 
or equipment, be carried out, to the extent practicable, in a way that 
accommodates the passage through the facility of an instrumented 
internal inspection device (commonly referred to as a ``smart pig''). 
The Secretary may apply the standard to an existing gas or hazardous 
liquid transmission facility and require the facility to be changed to 
allow the facility to be inspected with an instrumented internal 
inspection device if the basic construction of the facility will 
accommodate the device.
    (2) Not later than October 24, 1995, the Secretary shall prescribe 
regulations requiring the periodic inspection of each pipeline the 
operator of the pipeline identifies under section 60109 of this title. 
The regulations shall include any circumstances under which an 
inspection shall be conducted with an instrumented internal inspection 
device and, if the device is not required, use of an inspection method 
that is at least as effective as using the device in providing for the 
safety of the pipeline.
    (g) Effective Dates.--A standard prescribed under this section and 
section 60110 of this title is effective on the 30th day after the 
Secretary prescribes the standard. However, the Secretary for good 
cause may prescribe a different effective date when required because of 
the time reasonably necessary to comply with the standard. The 
different date must be specified in the regulation prescribing the 
standard.
    (h) Safety Condition Reports.--(1) The Secretary shall prescribe 
regulations requiring each operator of a pipeline facility (except a 
master meter) to submit to the Secretary a written report on any--
        (A) condition that is a hazard to life, property, or the 
    environment; and
        (B) safety-related condition that causes or has caused a 
    significant change or restriction in the operation of a pipeline 
    facility.
    (2) The Secretary must receive the report not later than 5 working 
days after a representative of a person to which this section applies 
first establishes that the condition exists. Notice of the condition 
shall be given concurrently to appropriate State authorities.
    (i) Carbon Dioxide Regulation.--The Secretary shall regulate carbon 
dioxide transported by a hazardous liquid pipeline facility. The 
Secretary shall prescribe regulations related to hazardous liquid to 
ensure the safe transportation of carbon dioxide by such a facility.
    (j) Emergency Flow Restricting Devices.--(1) Not later than October 
24, 1994, the Secretary shall survey and assess the effectiveness of 
emergency flow restricting devices (including remotely controlled 
valves and check valves) and other procedures, systems, and equipment 
used to detect and locate hazardous liquid pipeline ruptures and 
minimize product releases from hazardous liquid pipeline facilities.
    (2) Not later than 2 years after the survey and assessment are 
completed, the Secretary shall prescribe regulations on the 
circumstances under which an operator of a hazardous liquid pipeline 
facility must use an emergency flow restricting device or other 
procedure, system, or equipment described in paragraph (1) of this 
subsection on the facility.
    (k) Prohibition Against Low Internal Stress Exception.--The 
Secretary may not provide an exception to this chapter for a hazardous 
liquid pipeline facility only because the facility operates at low 
internal stress.

Sec. 60103. Standards for liquefied natural gas pipeline facilities

    (a) Location Standards.--The Secretary of Transportation shall 
prescribe minimum safety standards for deciding on the location of a 
new liquefied natural gas pipeline facility. In prescribing a standard, 
the Secretary shall consider the--
        (1) kind and use of the facility;
        (2) existing and projected population and demographic 
    characteristics of the location;
        (3) existing and proposed land use near the location;
        (4) natural physical aspects of the location;
        (5) medical, law enforcement, and fire prevention capabilities 
    near the location that can cope with a risk caused by the facility; 
    and
        (6) need to encourage remote siting.
    (b) Design, Installation, Construction, Inspection, and Testing 
Standards.--The Secretary of Transportation shall prescribe minimum 
safety standards for designing, installing, constructing, initially 
inspecting, and initially testing a new liquefied natural gas pipeline 
facility. When prescribing a standard, the Secretary shall consider--
        (1) the characteristics of material to be used in constructing 
    the facility and of alternative material;
        (2) design factors;
        (3) the characteristics of the liquefied natural gas to be 
    stored or converted at, or transported by, the facility; and
        (4) the public safety factors of the design and of alternative 
    designs, particularly the ability to prevent and contain a 
    liquefied natural gas spill.
    (c) Nonapplication.--(1) Except as provided in paragraph (2) of 
this subsection, a design, location, installation, construction, 
initial inspection, or initial testing standard prescribed under this 
chapter after March 1, 1978, does not apply to an existing liquefied 
natural gas pipeline facility if the standard is to be applied because 
of authority given--
        (A) under this chapter; or
        (B) under another law, and the standard is not prescribed at 
    the time the authority is applied.
    (2)(A) Any design, installation, construction, initial inspection, 
or initial testing standard prescribed under this chapter after March 
1, 1978, may provide that the standard applies to any part of a 
replacement component of a liquefied natural gas pipeline facility if 
the component or part is placed in service after the standard is 
prescribed and application of the standard--
        (i) does not make the component or part incompatible with other 
    components or parts; or
        (ii) is not impracticable otherwise.
    (B) Any location standard prescribed under this chapter after March 
1, 1978, does not apply to any part of a replacement component of an 
existing liquefied natural gas pipeline facility.
    (3) A design, installation, construction, initial inspection, or 
initial testing standard does not apply to a liquefied natural gas 
pipeline facility existing when the standard is adopted.
    (d) Operation and Maintenance Standards.--The Secretary of 
Transportation shall prescribe minimum operating and maintenance 
standards for a liquefied natural gas pipeline facility. In prescribing 
a standard, the Secretary shall consider--
        (1) the conditions, features, and type of equipment and 
    structures that make up or are used in connection with the 
    facility;
        (2) the fire prevention and containment equipment at the 
    facility;
        (3) security measures to prevent an intentional act that could 
    cause a liquefied natural gas accident;
        (4) maintenance procedures and equipment;
        (5) the training of personnel in matters specified by this 
    subsection; and
        (6) other factors and conditions related to the safe handling 
    of liquefied natural gas.
    (e) Effective Dates.--A standard prescribed under this section is 
effective on the 30th day after the Secretary of Transportation 
prescribes the standard. However, the Secretary for good cause may 
prescribe a different effective date when required because of the time 
reasonably necessary to comply with the standard. The different date 
must be specified in the regulation prescribing the standard.
    (f) Contingency Plans.--A new liquefied natural gas pipeline 
facility may be operated only after the operator submits an adequate 
contingency plan that states the action to be taken if a liquefied 
natural gas accident occurs. The Secretary of Energy or appropriate 
State or local authority shall decide if the plan is adequate.
    (g) Effect on Other Standards.--This section does not preclude 
applying a standard prescribed under section 60102 of this title to a 
gas pipeline facility (except a liquefied natural gas pipeline 
facility) associated with a liquefied natural gas pipeline facility.

Sec. 60104. Requirements and limitations

    (a) Opportunity To Present Views.--The Secretary of Transportation 
shall give an interested person an opportunity to make oral and written 
presentations of information, views, and arguments when prescribing a 
standard under this chapter.
    (b) Nonapplication.--A design, installation, construction, initial 
inspection, or initial testing standard does not apply to a pipeline 
facility existing when the standard is adopted.
    (c) Preemption.--A State authority that has submitted a current 
certification under section 60105(a) of this title may adopt additional 
or more stringent safety standards for intrastate pipeline facilities 
and intrastate pipeline transportation only if those standards are 
compatible with the minimum standards prescribed under this chapter. A 
State authority may not adopt or continue in force safety standards for 
interstate pipeline facilities or interstate pipeline transportation.
    (d) Consultation.--(1) When continuity of gas service is affected 
by prescribing a standard or waiving compliance with standards under 
this chapter, the Secretary of Transportation shall consult with and 
advise the Federal Energy Regulatory Commission or a State authority 
having jurisdiction over the affected gas pipeline facility before 
prescribing the standard or waiving compliance. The Secretary shall 
delay the effective date of the standard or waiver until the Commission 
or State authority has a reasonable opportunity to grant an 
authorization it considers necessary.
    (2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 
U.S.C. 717b or 717f), each applicant for authority to import natural 
gas or to establish, construct, operate, or extend a gas pipeline 
facility subject to an applicable safety standard shall certify that it 
will design, install, inspect, test, construct, operate, replace, and 
maintain a gas pipeline facility under those standards and plans for 
inspection and maintenance under section 60108 of this title. The 
certification is binding on the Secretary of Energy and the Commission 
except when an appropriate enforcement agency has given timely written 
notice to the Commission that the applicant has violated a standard 
prescribed under this chapter.
    (e) Location and Routing of Facilities.--This chapter does not 
authorize the Secretary of Transportation to prescribe the location or 
routing of a pipeline facility.

Sec. 60105. State certifications

    (a) General Requirements and Submission.--Except as provided in 
this section and sections 60114 and 60121 of this title, the Secretary 
of Transportation may not prescribe or enforce safety standards and 
practices for an intrastate pipeline facility or intrastate pipeline 
transportation to the extent that the safety standards and practices 
are regulated by a State authority (including a municipality if the 
standards and practices apply to intrastate gas pipeline 
transportation) that submits to the Secretary annually a certification 
for the facilities and transportation that complies with subsections 
(b) and (c) of this section.
    (b) Contents.--Each certification submitted under subsection (a) of 
this section shall state that the State authority--
        (1) has regulatory jurisdiction over the standards and 
    practices to which the certification applies;
        (2) has adopted, by the date of certification, each applicable 
    standard prescribed under this chapter or, if a standard under this 
    chapter was prescribed not later than 120 days before 
    certification, is taking steps to adopt that standard;
        (3) is enforcing each adopted standard through ways that 
    include inspections conducted by State employees meeting the 
    qualifications the Secretary prescribes under section 
    60107(d)(1)(C) of this title;
        (4) is encouraging and promoting programs designed to prevent 
    damage by demolition, excavation, tunneling, or construction 
    activity to the pipeline facilities to which the certification 
    applies;
        (5) may require record maintenance, reporting, and inspection 
    substantially the same as provided under section 60117 of this 
    title;
        (6) may require that plans for inspection and maintenance under 
    section 60108 (a) and (b) of this title be filed for approval; and
        (7) may enforce safety standards of the authority under a law 
    of the State by injunctive relief and civil penalties substantially 
    the same as provided under sections 60120 and 60122(a)(1) and (b)-
    (f) of this title.
    (c) Reports.--(1) Each certification submitted under subsection (a) 
of this section shall include a report that contains--
        (A) the name and address of each person to whom the 
    certification applies that is subject to the safety jurisdiction of 
    the State authority;
        (B) each accident or incident reported during the prior 12 
    months by that person involving a fatality, personal injury 
    requiring hospitalization, or property damage or loss of more than 
    an amount the Secretary establishes (even if the person sustaining 
    the fatality, personal injury, or property damage or loss is not 
    subject to the safety jurisdiction of the authority), any other 
    accident the authority considers significant, and a summary of the 
    investigation by the authority of the cause and circumstances 
    surrounding the accident or incident;
        (C) the record maintenance, reporting, and inspection practices 
    conducted by the authority to enforce compliance with safety 
    standards prescribed under this chapter to which the certification 
    applies, including the number of inspections of pipeline facilities 
    the authority made during the prior 12 months; and
        (D) any other information the Secretary requires.
    (2) The report included in the first certification submitted under 
subsection (a) of this section is only required to state information 
available at the time of certification.
    (d) Application.--A certification in effect under this section does 
not apply to safety standards prescribed under this chapter after the 
date of certification. This chapter applies to each applicable safety 
standard prescribed after the date of certification until the State 
authority adopts the standard and submits the appropriate certification 
to the Secretary under subsection (a) of this section.
    (e) Monitoring.--The Secretary may monitor a safety program 
established under this section to ensure that the program complies with 
the certification. A State authority shall cooperate with the Secretary 
under this subsection.
    (f) Rejections of Certification.--If after receiving a 
certification the Secretary decides the State authority is not 
enforcing satisfactorily compliance with applicable safety standards 
prescribed under this chapter, the Secretary may reject the 
certification, assert United States Government jurisdiction, or take 
other appropriate action to achieve adequate enforcement. The Secretary 
shall give the authority notice and an opportunity for a hearing before 
taking final action under this subsection. When notice is given, the 
burden of proof is on the authority to demonstrate that it is enforcing 
satisfactorily compliance with the prescribed standards.

Sec. 60106. State agreements

    (a) General Authority.--If the Secretary of Transportation does not 
receive a certification under section 60105 of this title, the 
Secretary may make an agreement with a State authority (including a 
municipality if the agreement applies to intrastate gas pipeline 
transportation) authorizing it to take necessary action. Each agreement 
shall--
        (1) establish an adequate program for record maintenance, 
    reporting, and inspection designed to assist compliance with 
    applicable safety standards prescribed under this chapter; and
        (2) prescribe procedures for approval of plans of inspection 
    and maintenance substantially the same as required under section 
    60108 (a) and (b) of this title.
    (b) Notification.--Each agreement shall require the State authority 
to notify the Secretary promptly of a violation or probable violation 
of an applicable safety standard discovered as a result of action taken 
in carrying out an agreement under this section.
    (c) Monitoring.--The Secretary may monitor a safety program 
established under this section to ensure that the program complies with 
the agreement. A State authority shall cooperate with the Secretary 
under this subsection.
    (d) Ending Agreements.--The Secretary may end an agreement made 
under this section when the Secretary finds that the State authority 
has not complied with any provision of the agreement. The Secretary 
shall give the authority notice and an opportunity for a hearing before 
ending an agreement. The finding and decision to end the agreement 
shall be published in the Federal Register and may not become effective 
for at least 15 days after the date of publication.

Sec. 60107. State grants

    (a) General Authority.--If a State authority files an application 
not later than September 30 of a calendar year, the Secretary of 
Transportation shall pay not more than 50 percent of the cost of the 
personnel, equipment, and activities the authority reasonably requires 
during the next calendar year--
        (1) to carry out a safety program under a certification under 
    section 60105 of this title or an agreement under section 60106 of 
    this title; or
        (2) to act as an agent of the Secretary on interstate gas 
    pipeline facilities or interstate hazardous liquid pipeline 
    facilities.
    (b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment when the 
Secretary decides that the authority is not carrying out satisfactorily 
a safety program or not acting satisfactorily as an agent. The 
Secretary may pay an authority under this section only when the 
authority ensures the Secretary that it will provide the remaining 
costs of a safety program and that the total State amount spent for a 
safety program (excluding grants of the United States Government) will 
at least equal the average amount spent--
        (1) for a gas safety program, for the fiscal years that ended 
    June 30, 1967, and June 30, 1968; and
        (2) for a hazardous liquid safety program, for the fiscal years 
    that ended September 30, 1978, and September 30, 1979.
    (c) Apportionment and Method of Payment.--The Secretary shall 
apportion the amount appropriated to carry out this section among the 
States. A payment may be made under this section in installments, in 
advance, or on a reimbursable basis.
    (d) Additional Authority and Considerations.--(1) The Secretary may 
prescribe--
        (A) the form of, and way of filing, an application under this 
    section;
        (B) reporting and fiscal procedures the Secretary considers 
    necessary to ensure the proper accounting of money of the 
    Government; and
        (C) qualifications for a State to meet to receive a payment 
    under this section, including qualifications for State employees 
    who perform inspection activities under section 60105 or 60106 of 
    this title.
    (2) The qualifications prescribed under paragraph (1)(C) of this 
subsection may--
        (A) consider the experience and training of the employee;
        (B) order training or other requirements; and
        (C) provide for approval of qualifications on a conditional 
    basis until specified requirements are met.

Sec. 60108. Inspection and maintenance

    (a) Plans.--(1) Each person transporting gas or hazardous liquid or 
owning or operating an intrastate gas pipeline facility or hazardous 
liquid pipeline facility shall carry out a current written plan 
(including any changes) for inspection and maintenance of each facility 
used in the transportation and owned or operated by the person. A copy 
of the plan shall be kept at any office of the person the Secretary of 
Transportation considers appropriate. The Secretary also may require a 
person transporting gas or hazardous liquid or owning or operating a 
pipeline facility subject to this chapter to file a plan for inspection 
and maintenance for approval.
    (2) If the Secretary or a State authority responsible for enforcing 
standards prescribed under this chapter decides that a plan required 
under paragraph (1) of this subsection is inadequate for safe 
operation, the Secretary or authority shall require the person to 
revise the plan. Revision may be required only after giving notice and 
an opportunity for a hearing. A plan required under paragraph (1) must 
be practicable and designed to meet the need for pipeline safety and 
must include terms designed to enhance the ability to discover safety-
related conditions described in section 60102(h)(1) of this title. In 
deciding on the adequacy of a plan, the Secretary or authority shall 
consider--
        (A) relevant available pipeline safety information;
        (B) the appropriateness of the plan for the particular kind of 
    pipeline transportation or facility;
        (C) the reasonableness of the plan; and
        (D) the extent to which the plan will contribute to public 
    safety and the protection of the environment.
    (3) A plan required under this subsection shall be made available 
to the Secretary or State authority on request under section 60117 of 
this title.
    (b) Inspection and Testing.--(1) The Secretary shall inspect and 
require appropriate testing of a pipeline facility subject to this 
chapter that is not covered by a certification under section 60105 of 
this title or an agreement under section 60106 of this title. The 
Secretary shall decide on the frequency and type of inspection and 
testing under this subsection on a case-by-case basis after considering 
the following:
        (A) the location of the pipeline facility.
        (B) the type, size, age, manufacturer, method of construction, 
    and condition of the pipeline facility.
        (C) the nature and volume of material transported through the 
    pipeline facility.
        (D) the pressure at which that material is transported.
        (E) climatic, geologic, and seismic characteristics (including 
    soil characteristics) and conditions of the area in which the 
    pipeline facility is located.
        (F) existing and projected population and demographic 
    characteristics of the area in which the pipeline facility is 
    located.
        (G) for a hazardous liquid pipeline facility, the proximity of 
    the area in which the facility is located to an area that is 
    unusually sensitive to environmental damage.
        (H) the frequency of leaks.
        (I) other factors the Secretary decides are relevant to the 
    safety of pipeline facilities.
    (2) To the extent and in amounts provided in advance in an 
appropriation law, the Secretary shall decide on the frequency of 
inspection under paragraph (1) of this subsection. However, an 
inspection must occur at least once every 2 years. The Secretary may 
reduce the frequency of an inspection of a master meter system.
    (3) Testing under this subsection shall use the most appropriate 
technology practicable.
    (c) Pipeline Facilities Offshore and in Navigable Waters.--(1) In 
this subsection--
        (A) ``abandoned'' means permanently removed from service.
        (B) ``pipeline facility'' includes an underwater abandoned 
    pipeline facility.
        (C) if a pipeline facility has no operator, the most recent 
    operator of the facility is deemed to be the operator of the 
    facility.
    (2)(A) Not later than May 16, 1993, on the basis of experience with 
the inspections under section 3(h)(1)(A) of the Natural Gas Pipeline 
Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid 
Pipeline Safety Act of 1979, as appropriate, and any other information 
available to the Secretary, the Secretary shall establish a mandatory, 
systematic, and, where appropriate, periodic inspection program of--
        (i) all offshore pipeline facilities; and
        (ii) any other pipeline facility crossing under, over, or 
    through navigable waters (as defined by the Secretary) if the 
    Secretary decides that the location of the facility in those 
    navigable waters could pose a hazard to navigation or public 
    safety.
    (B) In prescribing regulations to carry out subparagraph (A) of 
this paragraph--
        (i) the Secretary shall identify what is a hazard to navigation 
    with respect to an underwater abandoned pipeline facility; and
        (ii) for an underwater pipeline facility abandoned after 
    October 24, 1992, the Secretary shall include requirements that 
    will lessen the potential that the facility will pose a hazard to 
    navigation and shall consider the relationship between water depth 
    and navigational safety and factors relevant to the local marine 
    environment.
    (3)(A) The Secretary shall establish by regulation a program 
requiring an operator of a pipeline facility described in paragraph (2) 
of this subsection to report a potential or existing navigational 
hazard involving that pipeline facility to the Secretary through the 
appropriate Coast Guard office.
    (B) The operator of a pipeline facility described in paragraph (2) 
of this subsection that discovers any part of the pipeline facility 
that is a hazard to navigation shall mark the location of the hazardous 
part with a Coast-Guard-approved marine buoy or marker and immediately 
shall notify the Secretary as provided by the Secretary under 
subparagraph (A) of this paragraph. A marine buoy or marker used under 
this subparagraph is deemed a pipeline sign or right-of-way marker 
under section 60123(c) of this title.
    (4)(A) The Secretary shall require by regulation that each pipeline 
facility described in paragraph (2) of this subsection that is a hazard 
to navigation is buried not later than 6 months after the date the 
condition of the facility is reported to the Secretary. The Secretary 
may extend that 6-month period for a reasonable period to ensure 
compliance with this paragraph.
    (B) In prescribing regulations for subparagraph (A) of this 
paragraph for an underwater pipeline facility abandoned after October 
24, 1992, the Secretary shall include requirements that will lessen the 
potential that the facility will pose a hazard to navigation and shall 
consider the relationship between water depth and navigational safety 
and factors relevant to the local marine environment.
    (5)(A) Not later than October 24, 1994, the Secretary shall 
establish standards on what is an exposed offshore pipeline facility 
and what is a hazard to navigation under this subsection.
    (B) Not later than 6 months after the Secretary establishes 
standards under subparagraph (A) of this paragraph, or October 24, 
1995, whichever occurs first, the operator of each offshore pipeline 
facility not described in section 3(h)(1)(A) of the Natural Gas 
Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous 
Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect the 
facility and report to the Secretary on any part of the facility that 
is exposed or is a hazard to navigation. This subparagraph applies only 
to a facility that is between the high water mark and the point at 
which the subsurface is under 15 feet of water, as measured from mean 
low water. An inspection that occurred after October 3, 1989, may be 
used for compliance with this subparagraph if the inspection conforms 
to the requirements of this subparagraph.
    (C) The Secretary may extend the time period specified in 
subparagraph (B) of this paragraph for not more than 6 months if the 
operator of a facility satisfies the Secretary that the operator has 
made a good faith effort, with reasonable diligence, but has been 
unable to comply by the end of that period.
    (6)(A) The operator of a pipeline facility abandoned after October 
24, 1992, shall report the abandonment to the Secretary in a way that 
specifies whether the facility has been abandoned properly according to 
applicable United States Government and State requirements.
    (B) Not later than October 24, 1995, the operator of a pipeline 
facility abandoned before October 24, 1992, shall report to the 
Secretary reasonably available information related to the facility, 
including information that a third party possesses. The information 
shall include the location, size, date, and method of abandonment, 
whether the facility has been abandoned properly under applicable law, 
and other relevant information the Secretary may require. Not later 
than April 24, 1994, the Secretary shall specify how the information 
shall be reported. The Secretary shall ensure that the Government 
maintains the information in a way accessible to appropriate Government 
agencies and State authorities.
    (C) The Secretary shall request that a State authority having 
information on a collision between a vessel and an underwater pipeline 
facility report the information to the Secretary in a timely way and 
make a reasonable effort to specify the location, date, and severity of 
the collision. Chapter 35 of title 44 does not apply to this 
subparagraph.
    (7) The Secretary may not exempt from this chapter an offshore 
hazardous liquid pipeline facility only because the pipeline facility 
transfers hazardous liquid in an underwater pipeline between a vessel 
and an onshore facility.
    (d) Replacing Cast Iron Gas Pipelines.--(1) The Secretary shall 
publish a notice on the availability of industry guidelines, developed 
by the Gas Piping Technology Committee, for replacing cast iron 
pipelines. Not later than 2 years after the guidelines become 
available, the Secretary shall conduct a survey of gas pipeline 
operators with cast iron pipe in their systems to establish--
        (A) the extent to which each operator has adopted a plan for 
    the safe management and replacement of cast iron;
        (B) the elements of the plan, including the anticipated rate of 
    replacement; and
        (C) the progress that has been made.
    (2) Chapter 35 of title 44 does not apply to the conduct of the 
survey.
    (3) This subsection does not prevent the Secretary from developing 
Government guidelines or regulations for cast iron gas pipelines as the 
Secretary considers appropriate.

Sec. 60109. High-density population areas and environmentally sensitive 
            areas

    (a) Identification Requirements.--Not later than October 24, 1994, 
the Secretary of Transportation shall prescribe regulations that--
        (1) establish criteria for identifying--
            (A) by operators of gas pipeline facilities, each gas 
        pipeline facility (except a natural gas distribution line) 
        located in a high-density population area; and
            (B) by operators of hazardous liquid pipeline facilities 
        and gathering lines--
                (i) each hazardous liquid pipeline facility, whether 
            otherwise subject to this chapter, that crosses a navigable 
            waterway (as the Secretary defines by regulation) or that 
            is located in an area described in the criteria as a high-
            density population area; and
                (ii) each hazardous liquid pipeline facility and 
            gathering line, whether otherwise subject to this chapter, 
            located in an area that the Secretary, in consultation with 
            the Administrator of the Environmental Protection Agency, 
            describes as unusually sensitive to environmental damage if 
            there is a hazardous liquid pipeline accident; and
        (2) provide that the identification be carried out through the 
    inventory required under section 60102(c) of this title.
    (b) Areas To Be Included as Unusually Sensitive.--When describing 
an area that is unusually sensitive to environmental damage if there is 
a hazardous liquid pipeline accident, the Secretary shall consider 
including--
        (1) earthquake zones and areas subject to landslides and other 
    substantial ground movements;
        (2) areas of likely ground water contamination if a hazardous 
    liquid pipeline facility ruptures;
        (3) freshwater lakes, rivers, and waterways; and
        (4) river deltas and other areas subject to soil erosion or 
    subsidence from flooding or other water action where a hazardous 
    liquid pipeline facility is likely to become exposed or undermined.

Sec. 60110. Excess flow valves

    (a) Application.--This section applies only to--
        (1) a natural gas distribution system installed after the 
    effective date of regulations prescribed under this section; and
        (2) any other natural gas distribution system when repair to 
    the system requires replacing a part to accommodate installing 
    excess flow valves.
    (b) Installation Requirements and Considerations.--Not later than 
April 24, 1994, the Secretary of Transportation shall prescribe 
regulations on the circumstances under which an operator of a natural 
gas distribution system must install excess flow valves in the system. 
The Secretary shall consider--
        (1) the system design pressure;
        (2) the system operating pressure;
        (3) the types of customers to which the distribution system 
    supplies gas, including hospitals, schools, and commercial 
    enterprises;
        (4) the technical feasibility and cost of installing the valve;
        (5) the public safety benefits of installing the valve;
        (6) the location of customer meters; and
        (7) other factors the Secretary considers relevant.
    (c) Notification of Availability.--(1) Not later than October 24, 
1994, the Secretary shall prescribe regulations requiring an operator 
of a natural gas distribution system to notify in writing its customers 
having lines in which excess flow valves are not required by law but 
can be installed according to the standards prescribed under subsection 
(e) of this section, of--
        (A) the availability of excess flow valves for installation in 
    the system;
        (B) safety benefits to be derived from installation; and
        (C) costs associated with installation.
    (2) The regulations shall provide that, except when installation is 
required under subsection (b) of this section, excess flow valves shall 
be installed at the request of the customer if the customer will pay 
all costs associated with installation.
    (d) Report.--If the Secretary decides under subsection (b) of this 
section that there are no circumstances under which an operator must 
install excess flow valves, the Secretary shall submit to Congress a 
report on the reasons for the decision not later than 30 days after the 
decision is made.
    (e) Performance Standards.--Not later than April 24, 1994, the 
Secretary shall develop standards for the performance of excess flow 
valves used to protect lines in a natural gas distribution system. The 
standards shall be incorporated into regulations the Secretary 
prescribes under this section. All excess flow valves shall be 
installed according to the standards.

Sec. 60111. Financial responsibility for liquefied natural gas 
            facilities

    (a) Notice.--When the Secretary of Transportation believes that an 
operator of a liquefied natural gas facility does not have adequate 
financial responsibility for the facility, the Secretary may issue a 
notice to the operator about the inadequacy and the amount of financial 
responsibility the Secretary considers adequate.
    (b) Hearings.--An operator receiving a notice under subsection (a) 
of this section may have a hearing on the record not later than 30 days 
after receiving the notice. The operator may show why the Secretary 
should not issue an order requiring the operator to demonstrate and 
maintain financial responsibility in at least the amount the Secretary 
considers adequate.
    (c) Orders.--After an opportunity for a hearing on the record, the 
Secretary may issue the order if the Secretary decides it is justified 
in the public interest.

Sec. 60112. Pipeline facilities hazardous to life and property

    (a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may decide a pipeline facility 
is hazardous if the Secretary decides the facility is--
        (1) hazardous to life, property, or the environment; or
        (2) constructed or operated, or a component of the facility is 
    constructed or operated, with equipment, material, or a technique 
    the Secretary decides is hazardous to life, property, or the 
    environment.
    (b) Considerations.--In making a decision under subsection (a) of 
this section, the Secretary shall consider, if relevant--
        (1) the characteristics of the pipe and other equipment used in 
    the pipeline facility, including the age, manufacture, physical 
    properties, and method of manufacturing, constructing, or 
    assembling the equipment;
        (2) the nature of the material the pipeline facility 
    transports, the corrosive and deteriorative qualities of the 
    material, the sequence in which the material are transported, and 
    the pressure required for transporting the material;
        (3) the aspects of the area in which the pipeline facility is 
    located, including climatic and geologic conditions and soil 
    characteristics;
        (4) the proximity of the area in which the hazardous liquid 
    pipeline facility is located to environmentally sensitive areas;
        (5) the population density and population and growth patterns 
    of the area in which the pipeline facility is located;
        (6) any recommendation of the National Transportation Safety 
    Board made under another law; and
        (7) other factors the Secretary considers appropriate.
    (c) Opportunity for State Comment.--The Secretary shall provide, to 
any appropriate official of a State in which a pipeline facility is 
located and about which a proceeding has begun under this section, 
notice and an opportunity to comment on an agreement the Secretary 
proposes to make to resolve the proceeding. State comment shall 
incorporate comments of affected local officials.
    (d) Corrective Action Orders.--If the Secretary decides under 
subsection (a) of this section that a pipeline facility is hazardous, 
the Secretary shall order the operator of the facility to take 
necessary corrective action.
    (e) Waiver of Notice and Hearing in Emergency.--The Secretary may 
waive the requirements for notice and an opportunity for a hearing 
under this section and issue expeditiously an order under this section 
if the Secretary decides failure to issue the order expeditiously will 
result in likely serious harm to life, property, or the environment. An 
order under this subsection shall provide an opportunity for a hearing 
as soon as practicable after the order is issued.

Sec. 60113. Customer-owned natural gas service lines

    (a) Maintenance Information.--Not later than October 24, 1993, the 
Secretary of Transportation shall prescribe regulations requiring an 
operator of a natural gas distribution pipeline that does not maintain 
customer-owned natural gas service lines up to building walls to advise 
its customers of--
        (1) the requirements for maintaining those lines;
        (2) any resources known to the operator that could assist 
    customers in carrying out the maintenance;
        (3) information the operator has on operating and maintaining 
    its lines that could assist customers; and
        (4) the potential hazards of not maintaining the lines.
    (b) Actions To Promote Safety.--Not later than one year after 
submitting the report required under section 115(b) of the Pipeline 
Safety Act of 1992 (Public Law 102-508, 106 Stat. 3296), the Secretary, 
considering the report and in cooperation and coordination with 
appropriate State and local authorities, shall take appropriate action 
to promote the adoption of measures to improve the safety of customer-
owned natural gas service lines.

Sec. 60114. One-call notification systems

    (a) Minimum Requirements.--The Secretary of Transportation shall 
prescribe regulations providing minimum requirements for establishing 
and operating a one-call notification system for a State to adopt that 
will notify an operator of a pipeline facility of activity in the 
vicinity of the facility that could threaten the safety of the 
facility. The regulations shall include the following:
        (1) a requirement that the system apply to all areas of the 
    State containing underground pipeline facilities.
        (2) a requirement that a person intending to engage in an 
    activity the Secretary decides could cause physical damage to an 
    underground facility must contact the appropriate system to 
    establish if there are underground facilities present in the area 
    of the intended activity.
        (3) a requirement that all operators of underground pipeline 
    facilities participate in an appropriate one-call notification 
    system.
        (4) qualifications for an operator of a facility, a private 
    contractor, or a State or local authority to operate a system.
        (5) procedures for advertisement and notice of the availability 
    of a system.
        (6) a requirement about the information to be provided by a 
    person contacting the system under clause (2) of this subsection.
        (7) a requirement for the response of the operator of the 
    system and of the facility after they are contacted by an 
    individual under this subsection.
        (8) a requirement that each State decide whether the system 
    will be toll free.
        (9) a requirement for sanctions substantially the same as 
    provided under sections 60120, 60122, and 60123 of this title.
    (b) Grants.--The Secretary may make a grant to a State under this 
section to develop and establish a one-call notification system 
consistent with subsection (a) of this section.
    (c) Marking Facilities.--On notification by an operator of a damage 
prevention program or by a person planning to carry out demolition, 
excavation, tunneling, or construction in the vicinity of a pipeline 
facility, the operator of the facility shall mark accurately, in a 
reasonable and timely way, the location of the pipeline facilities in 
the vicinity of the demolition, excavation, tunneling, or construction.
    (d) Apportionment.--When apportioning the amount appropriated to 
carry out section 60107 of this title among the States, the Secretary--
        (1) shall consider whether a State has adopted or is seeking 
    adoption of a one-call notification system under this section; and
        (2) shall withhold part of a payment under section 60107 of 
    this title when the Secretary decides a State has not adopted, or 
    is not seeking adoption of, a one-call notification system.
    (e) Relationship to Other Laws.--This section and regulations 
prescribed under this section do not affect the liability established 
under a law of the United States or a State for damage caused by an 
activity described in subsection (a)(2) of this section.

Sec. 60115. Technical safety standards committees

    (a) Organization.--The Technical Pipeline Safety Standards 
Committee and the Technical Hazardous Liquid Pipeline Safety Standards 
Committee are committees in the Department of Transportation.
    (b) Composition and Appointment.--(1) The Technical Pipeline Safety 
Standards Committee is composed of 15 members appointed by the 
Secretary of Transportation after consulting with public and private 
agencies concerned with the technical aspect of transporting gas or 
operating a gas pipeline facility. Each member must be experienced in 
the safety regulation of transporting gas and of gas pipeline 
facilities or technically qualified, by training, experience, or 
knowledge in at least one field of engineering applicable to 
transporting gas or operating a gas pipeline facility, to evaluate gas 
pipeline safety standards.
    (2) The Technical Hazardous Liquid Pipeline Safety Standards 
Committee is composed of 15 members appointed by the Secretary after 
consulting with public and private agencies concerned with the 
technical aspect of transporting hazardous liquid or operating a 
hazardous liquid pipeline facility. Each member must be experienced in 
the safety regulation of transporting hazardous liquid and of hazardous 
liquid pipeline facilities or technically qualified, by training, 
experience, or knowledge in at least one field of engineering 
applicable to transporting hazardous liquid or operating a hazardous 
liquid pipeline facility, to evaluate hazardous liquid pipeline safety 
standards.
    (3) The members of each committee are appointed as follows:
        (A) 5 individuals selected from departments, agencies, and 
    instrumentalities of the United States Government and of the 
    States.
        (B) 4 individuals selected from the natural gas or hazardous 
    liquid industry, as appropriate, after consulting with industry 
    representatives.
        (C) 6 individuals selected from the general public.
    (4)(A) Two of the individuals selected for each committee under 
paragraph (3)(A) of this subsection must be State commissioners. The 
Secretary shall consult with the national organization of State 
commissions (referred to in section 10344(f) of this title) before 
selecting those 2 individuals.
    (B) At least 3 of the individuals selected for each committee under 
paragraph (3)(B) of this subsection must be currently in the active 
operation of natural gas pipelines or hazardous liquid pipeline 
facilities, as appropriate.
    (C) Two of the individuals selected for each committee under 
paragraph (3)(C) of this subsection must have education, background, or 
experience in environmental protection or public safety. At least one 
individual selected for each committee under paragraph (3)(C) may not 
have a financial interest in the pipeline, petroleum, or natural gas 
industries.
    (c) Committee Reports on Proposed Standards.--(1) The Secretary 
shall give to--
        (A) the Technical Pipeline Safety Standards Committee each 
    standard proposed under this chapter for transporting gas and for 
    gas pipeline facilities; and
        (B) the Technical Hazardous Liquid Pipeline Safety Standards 
    Committee each standard proposed under this chapter for 
    transporting hazardous liquid and for hazardous liquid pipeline 
    facilities.
    (2) Not later than 90 days after receiving the proposed standard, 
the appropriate committee shall prepare a report on the technical 
feasibility, reasonableness, and practicability of the proposed 
standard. The Secretary shall publish each report, including minority 
views. The report if timely made is part of the proceeding for 
prescribing the standard. The Secretary is not bound by the conclusions 
of the committee. However, if the Secretary rejects the conclusions of 
the committee, the Secretary shall publish the reasons.
    (3) The Secretary may prescribe a standard after the end of the 90-
day period.
    (d) Proposed Committee Standards and Policy Development 
Recommendations.--(1) The Technical Pipeline Safety Standards Committee 
may propose to the Secretary a safety standard for transporting gas and 
for gas pipeline facilities. The Technical Hazardous Liquid Pipeline 
Safety Standards Committee may propose to the Secretary a safety 
standard for transporting hazardous liquid and for hazardous liquid 
pipeline facilities.
    (2) If requested by the Secretary, a committee shall make policy 
development recommendations to the Secretary.
    (e) Meetings.--Each committee shall meet with the Secretary at 
least twice annually. Each committee proceeding shall be recorded. The 
record of the proceeding shall be available to the public.
    (f) Pay and Expenses.--The Secretary may establish the pay for each 
member of a committee for each day (including travel time) when 
performing duties of the committee. However, a member may not be paid 
more than the daily equivalent of the maximum annual rate of basic pay 
payable under section 5376 of title 5. A member is entitled to expenses 
under section 5703 of title 5. A payment under this subsection does not 
make a member an officer or employee of the Government. This subsection 
does not apply to members regularly employed by the Government.

Sec. 60116. Public education programs

    Under regulations the Secretary of Transportation prescribes, each 
person transporting gas shall carry out a program to educate the public 
on the possible hazards associated with gas leaks and the importance of 
reporting gas odors and leaks to the appropriate authority. The 
Secretary may develop material suitable for use in the program.

Sec. 60117. Administrative

    (a) General Authority.--To carry out this chapter, the Secretary of 
Transportation may conduct investigations, make reports, issue 
subpenas, conduct hearings, require the production of records, take 
depositions, and conduct research, testing, development, demonstration, 
and training activities. The Secretary may not charge a tuition-type 
fee for training State or local government personnel in the enforcement 
of regulations prescribed under this chapter.
    (b) Records, Reports, and Information.--To enable the Secretary to 
decide whether a person transporting gas or hazardous liquid or 
operating a pipeline facility is complying with this chapter and 
standards prescribed or orders issued under this chapter, the person 
shall--
        (1) maintain records, make reports, and provide information the 
    Secretary requires; and
        (2) make the records, reports, and information available when 
    the Secretary requests.
    (c) Entry and Inspection.--An officer, employee, or agent of the 
Department of Transportation designated by the Secretary, on display of 
proper credentials to the individual in charge, may enter premises to 
inspect the records and property of a person at a reasonable time and 
in a reasonable way to decide whether a person is complying with this 
chapter and standards prescribed or orders issued under this chapter.
    (d) Confidentiality of Information.--Information related to a 
confidential matter referred to in section 1905 of title 18 that is 
obtained by the Secretary or an officer, employee, or agent in carrying 
out this section may be disclosed only to another officer or employee 
concerned with carrying out this chapter or in a proceeding under this 
chapter.
    (e) Use of Accident Reports.--(1) Each accident report made by an 
officer, employee, or agent of the Department may be used in a judicial 
proceeding resulting from the accident. The officer, employee, or agent 
may be required to testify in the proceeding about the facts developed 
in investigating the accident. The report shall be made available to 
the public in a way that does not identify an individual.
    (2) Each report related to research and demonstration projects and 
related activities is public information.
    (f) Testing Facilities Involved in Accidents.--The Secretary may 
require testing of a part of a pipeline facility subject to this 
chapter that has been involved in or affected by an accident only 
after--
        (1) notifying the appropriate State official in the State in 
    which the facility is located; and
        (2) attempting to negotiate a mutually acceptable plan for 
    testing with the owner of the facility and, when the Secretary 
    considers appropriate, the National Transportation Safety Board.
    (g) Providing Safety Information.--On request, the Secretary shall 
provide the Federal Energy Regulatory Commission or appropriate State 
authority with information the Secretary has on the safety of material, 
operations, devices, or processes related to pipeline transportation or 
operating a pipeline facility.
    (h) Cooperation.--The Secretary may--
        (1) advise, assist, and cooperate with other departments, 
    agencies, and instrumentalities of the United States Government, 
    the States, and public and private agencies and persons in planning 
    and developing safety standards and ways to inspect and test to 
    decide whether those standards have been complied with;
        (2) consult with and make recommendations to other departments, 
    agencies, and instrumentalities of the Government, State and local 
    governments, and public and private agencies and persons to develop 
    and encourage activities, including the enactment of legislation, 
    that will assist in carrying out this chapter and improve State and 
    local pipeline safety programs; and
        (3) participate in a proceeding involving safety requirements 
    related to a liquefied natural gas facility before the Commission 
    or a State authority.
    (i) Promoting Coordination.--After consulting with appropriate 
State officials, the Secretary shall establish procedures to promote 
more effective coordination between departments, agencies, and 
instrumentalities of the Government and State authorities with 
regulatory authority over pipeline facilities about responses to a 
pipeline accident.
    (j) Withholding Information From Congress.--This section does not 
authorize information to be withheld from a committee of Congress 
authorized to have the information.

Sec. 60118. Compliance and waivers

    (a) General Requirements.--A person transporting gas or hazardous 
liquid or owning or operating a pipeline facility shall--
        (1) comply with applicable safety standards prescribed under 
    this chapter, except as provided in this section;
        (2) prepare and carry out a plan for inspection and maintenance 
    required under section 60108(a) and (b) of this title; and
        (3) allow access to or copying of records, make reports and 
    provide information, and allow entry or inspection required under 
    section 60117(a)-(d) of this title.
    (b) Compliance Orders.--The Secretary of Transportation may issue 
orders directing compliance with this chapter or a regulation 
prescribed under this chapter. An order shall state clearly the action 
a person must take to comply.
    (c) Waivers by Secretary.--On application of a person transporting 
gas or hazardous liquid or operating a pipeline facility, the Secretary 
by order may waive compliance with any part of an applicable standard 
prescribed under this chapter on terms the Secretary considers 
appropriate, if the waiver is not inconsistent with pipeline safety. 
The Secretary shall state the reasons for granting a waiver under this 
subsection. The Secretary may act on a waiver only after notice and an 
opportunity for a hearing.
    (d) Waivers by State Authorities.--If a certification under section 
60105 of this title or an agreement under section 60106 of this title 
is in effect, the State authority may waive compliance with a safety 
standard to which the certification or agreement applies in the same 
way and to the same extent the Secretary may waive compliance under 
subsection (c) of this section. However, the authority must give the 
Secretary written notice of the waiver at least 60 days before its 
effective date. If the Secretary makes a written objection before the 
effective date of the waiver, the waiver is stayed. After notifying the 
authority of the objection, the Secretary shall provide a prompt 
opportunity for a hearing. The Secretary shall make the final decision 
on granting the waiver.

Sec. 60119. Judicial review

    (a) Review of Regulations and Waiver Orders.--(1) Except as 
provided in subsection (b) of this section, a person adversely affected 
by a regulation prescribed under this chapter or an order issued about 
an application for a waiver under section 60118(c) or (d) of this title 
may apply for review of the regulation or order by filing a petition 
for review in the United States Court of Appeals for the District of 
Columbia Circuit or in the court of appeals of the United States for 
the circuit in which the person resides or has its principal place of 
business. The petition must be filed not later than 89 days after the 
regulation is prescribed or order is issued. The clerk of the court 
immediately shall send a copy of the petition to the Secretary of 
Transportation.
    (2) A judgment of a court under paragraph (1) of this subsection 
may be reviewed only by the Supreme Court under section 1254 of title 
28. A remedy under paragraph (1) is in addition to any other remedies 
provided by law.
    (b) Review of Financial Responsibility Orders.--(1) A person 
adversely affected by an order issued under section 60111 of this title 
may apply for review of the order by filing a petition for review in 
the appropriate court of appeals of the United States. The petition 
must be filed not later than 60 days after the order is issued. 
Findings of fact the Secretary makes are conclusive if supported by 
substantial evidence.
    (2) A judgment of a court under paragraph (1) of this subsection 
may be reviewed only by the Supreme Court under section 1254(1) of 
title 28.

Sec. 60120. Enforcement

    (a) Civil Actions.--(1) On the request of the Secretary of 
Transportation, the Attorney General may bring a civil action in an 
appropriate district court of the United States to enforce this chapter 
or a regulation prescribed or order issued under this chapter. The 
court may award appropriate relief, including punitive damages.
    (2) At the request of the Secretary, the Attorney General may bring 
a civil action in a district court of the United States to require a 
person to comply immediately with a subpena or to allow an officer, 
employee, or agent authorized by the Secretary to enter the premises, 
and inspect the records and property, of the person to decide whether 
the person is complying with this chapter. The action may be brought in 
the judicial district in which the defendant resides, is found, or does 
business. The court may punish a failure to obey the order as a 
contempt of court.
    (b) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction issued under this section, the violation of 
which is also a violation of this chapter, the defendant may demand a 
jury trial. The defendant shall be tried as provided in rule 42(b) of 
the Federal Rules of Criminal Procedure (18 App. U.S.C.).
    (c) Effect on Tort Liability.--This chapter does not affect the 
tort liability of any person.

Sec. 60121. Actions by private persons

    (a) General Authority.--(1) A person may bring a civil action in an 
appropriate district court of the United States for an injunction 
against another person (including the United States Government and 
other governmental authorities to the extent permitted under the 11th 
amendment to the Constitution) for a violation of this chapter or a 
regulation prescribed or order issued under this chapter. However, the 
person--
        (A) may bring the action only after 60 days after the person 
    has given notice of the violation to the Secretary of 
    Transportation or to the appropriate State authority (when the 
    violation is alleged to have occurred in a State certified under 
    section 60105 of this title) and to the person alleged to have 
    committed the violation;
        (B) may not bring the action if the Secretary or authority has 
    begun and diligently is pursuing an administrative proceeding for 
    the violation; and
        (C) may not bring the action if the Attorney General of the 
    United States, or the chief law enforcement officer of a State, has 
    begun and diligently is pursuing a judicial proceeding for the 
    violation.
    (2) The Secretary shall prescribe the way in which notice is given 
under this subsection.
    (3) The Secretary, with the approval of the Attorney General, or 
the Attorney General may intervene in an action under paragraph (1) of 
this subsection.
    (b) Costs and Fees.--The court may award costs, reasonable expert 
witness fees, and a reasonable attorney's fee to a prevailing plaintiff 
in a civil action under this section. The court may award costs to a 
prevailing defendant when the action is unreasonable, frivolous, or 
meritless. In this subsection, a reasonable attorney's fee is a fee--
        (1) based on the actual time spent and the reasonable expenses 
    of the attorney for legal services provided to a person under this 
    section; and
        (2) computed at the rate prevailing for providing similar 
    services for actions brought in the court awarding the fee.
    (c) State Violations as Violations of This Chapter.--In this 
section, a violation of a safety standard or practice of a State is 
deemed to be a violation of this chapter or a regulation prescribed or 
order issued under this chapter only to the extent the standard or 
practice is not more stringent than a comparable minimum safety 
standard prescribed under this chapter.
    (d) Additional Remedies.--A remedy under this section is in 
addition to any other remedies provided by law. This section does not 
restrict a right to relief that a person or a class of persons may have 
under another law or at common law.

Sec. 60122. Civil penalties

    (a) General Penalties.--(1) A person that the Secretary of 
Transportation decides, after written notice and an opportunity for a 
hearing, has violated section 60114(c) or 60118(a) of this title or a 
regulation prescribed or order issued under this chapter is liable to 
the United States Government for a civil penalty of not more than 
$25,000 for each violation. A separate violation occurs for each day 
the violation continues. The maximum civil penalty under this paragraph 
for a related series of violations is $500,000.
    (2) A person violating a standard or order under section 60103 or 
60111 of this title is liable to the Government for a civil penalty of 
not more than $50,000 for each violation. A penalty under this 
paragraph may be imposed in addition to penalties imposed under 
paragraph (1) of this subsection.
    (b) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
        (1) the nature, circumstances, and gravity of the violation;
        (2) with respect to the violator, the degree of culpability, 
    any history of prior violations, the ability to pay, and any effect 
    on ability to continue doing business;
        (3) good faith in attempting to comply; and
        (4) other matters that justice requires.
    (c) Collection and Compromise.--(1) The Secretary may request the 
Attorney General to bring a civil action in an appropriate district 
court of the United States to collect a civil penalty imposed under 
this section.
    (2) The Secretary may compromise the amount of a civil penalty 
imposed under this section before referral to the Attorney General.
    (d) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts it owes 
the person liable for the penalty.
    (e) Deposit in Treasury.--Amounts collected under this section 
shall be deposited in the Treasury as miscellaneous receipts.
    (f) Prohibition on Multiple Penalties for Same Act.--Separate 
penalties for violating a regulation prescribed under this chapter and 
for violating an order under section 60112 or 60118(b) of this title 
may not be imposed under this chapter if both violations are based on 
the same act.

Sec. 60123. Criminal penalties

    (a) General Penalty.--A person knowingly and willfully violating 
section 60114(c) or 60118(a) of this title or a regulation prescribed 
or order issued under this chapter shall be fined under title 18, 
imprisoned for not more than 5 years, or both.
    (b) Penalty for Damaging or Destroying Facility.--A person 
knowingly and willfully damaging or destroying, or attempting to damage 
or destroy, an interstate gas pipeline facility or interstate hazardous 
liquid pipeline facility shall be fined under title 18, imprisoned for 
not more than 15 years, or both.
    (c) Penalty for Damaging or Destroying Sign.--A person knowingly 
and willfully defacing, damaging, removing, or destroying a pipeline 
sign or right-of-way marker required by a law or regulation of the 
United States shall be fined under title 18, imprisoned for not more 
than one year, or both.
    (d) Penalty for Not Using One-Call Notification System or Not 
Heeding Location Information or Markings.--A person shall be fined 
under title 18, imprisoned for not more than 5 years, or both, if the 
person knowingly and willfully--
        (1) engages in an excavation activity--
            (A) without first using an available one-call notification 
        system to establish the location of underground facilities in 
        the excavation area; or
            (B) without paying attention to appropriate location 
        information or markings the operator of a pipeline facility 
        establishes; and
        (2) subsequently damages--
            (A) a pipeline facility that results in death, serious 
        bodily harm, or actual damage to property of more than $50,000; 
        or
            (B) a hazardous liquid pipeline facility that results in 
        the release of more than 50 barrels of product.

Sec. 60124. Annual reports

    (a) Submission and Contents.--The Secretary of Transportation shall 
submit to Congress not later than August 15 of each year a report on 
carrying out this chapter for the prior calendar year for gas and a 
report on carrying out this chapter for the prior calendar year for 
hazardous liquid. Each report shall include the following information 
about the prior year for gas or hazardous liquid, as appropriate:
        (1) a thorough compilation of the leak repairs, accidents, and 
    casualties and a statement of cause when investigated and 
    established by the National Transportation Safety Board.
        (2) a list of applicable pipeline safety standards prescribed 
    under this chapter including identification of standards prescribed 
    during the year.
        (3) a summary of the reasons for each waiver granted under 
    section 60118(c) and (d) of this title.
        (4) an evaluation of the degree of compliance with applicable 
    safety standards, including a list of enforcement actions and 
    compromises of alleged violations by location and company name.
        (5) a summary of outstanding problems in carrying out this 
    chapter, in order of priority.
        (6) an analysis and evaluation of--
            (A) research activities, including their policy 
        implications, completed as a result of the United States 
        Government and private sponsorship; and
            (B) technological progress in safety achieved.
        (7) a list, with a brief statement of the issues, of completed 
    or pending judicial actions under this chapter.
        (8) the extent to which technical information was distributed 
    to the scientific community and consumer-oriented information was 
    made available to the public.
        (9) a compilation of certifications filed under section 60105 
    of this title that were--
            (A) in effect; or
            (B) rejected in any part by the Secretary and a summary of 
        the reasons for each rejection.
        (10) a compilation of agreements made under section 60106 of 
    this title that were--
            (A) in effect; or
            (B) ended in any part by the Secretary and a summary of the 
        reasons for ending each agreement.
        (11) a description of the number and qualifications of State 
    pipeline safety inspectors in each State for which a certification 
    under section 60105 of this title or an agreement under section 
    60106 of this title is in effect and the number and qualifications 
    of inspectors the Secretary recommends for that State.
        (12) recommendations for legislation the Secretary considers 
    necessary--
            (A) to promote cooperation among the States in improving--
                (i) gas pipeline safety; or
                (ii) hazardous liquid pipeline safety programs; and
            (B) to strengthen the national gas pipeline safety program.
    (b) Submission of One Report.--The Secretary may submit one report 
to carry out subsection (a) of this section.

Sec. 60125. Authorization of appropriations

    (a) Gas.--Not more than the following amounts may be appropriated 
to the Secretary of Transportation to carry out this chapter (except 
sections 60107 and 60114(b)) related to gas:
        (1) $6,857,000 for the fiscal year ending September 30, 1993.
        (2) $7,000,000 for the fiscal year ending September 30, 1994.
        (3) $7,500,000 for the fiscal year ending September 30, 1995.
    (b) Hazardous Liquid.--Not more than the following amounts may be 
appropriated to the Secretary to carry out this chapter (except 
sections 60107 and 60114(b)) related to hazardous liquid:
        (1) $1,728,500 for the fiscal year ending September 30, 1993.
        (2) $1,866,800 for the fiscal year ending September 30, 1994.
        (3) $2,000,000 for the fiscal year ending September 30, 1995.
    (c) State Grants.--(1) Not more than the following amounts may be 
appropriated to the Secretary to carry out section 60107 of this title:
        (A) $7,750,000 for the fiscal year ending September 30, 1993.
        (B) $9,000,000 for the fiscal year ending September 30, 1994.
        (C) $10,000,000 for the fiscal year ending September 30, 1995.
    (2) At least 5 percent of amounts appropriated to carry out United 
States Government grants-in-aid programs for a fiscal year are 
available only to carry out section 60107 of this title related to 
hazardous liquid.
    (3) Not more than 20 percent of a pipeline safety program grant 
under section 60107 of this title may be allocated to indirect 
expenses.
    (d) Grants for One-Call Notification Systems.--Not more than 
$__________ may be appropriated to the Secretary for the fiscal year 
ending September 30, 19__, to carry out section 60114(b) of this title. 
Amounts under this subsection remain available until expended.
    (e) Crediting Appropriations for Expenditures for Training.--The 
Secretary may credit to an appropriation authorized under subsection 
(a) or (b) of this section amounts received from sources other than the 
Government for reimbursement for expenses incurred by the Secretary in 
providing training.
    (f) Availability of Unused Amounts for Grants.--(1) The Secretary 
shall make available for grants to States amounts appropriated for each 
of the fiscal years that ended September 30, 1986, and 1987, that have 
not been expended in making grants under section 60107 of this title.
    (2) A grant under this subsection is available to a State that 
after December 31, 1987--
        (A) undertakes a new responsibility under section 60105 of this 
    title; or
        (B) implements a one-call damage prevention program established 
    under State law.
    (3) This subsection does not authorize a State to receive more than 
50 percent of its allowable pipeline safety costs from a grant under 
this chapter.
    (4) A State may receive not more than $75,000 under this 
subsection.
    (5) Amounts under this subsection remain available until expended.

                         CHAPTER 603--USER FEES

Sec.
60301.  User fees.

Sec. 60301. User fees

    (a) Schedule of Fees.--The Secretary of Transportation shall 
prescribe a schedule of fees for all natural gas and hazardous liquids 
transported by pipelines subject to chapter 601 of this title. The fees 
shall be based on usage (in reasonable relationship to volume-miles, 
miles, revenues, or a combination of volume-miles, miles, and revenues) 
of the pipelines. The Secretary shall consider the allocation of 
resources of the Department of Transportation when establishing the 
schedule.
    (b) Imposition and Time of Collection.--A fee shall be imposed on 
each person operating a gas pipeline transmission facility, a liquefied 
natural gas pipeline facility, or a hazardous liquid pipeline facility 
to which chapter 601 of this title applies. The fee shall be collected 
before the end of the fiscal year to which it applies.
    (c) Means of Collection.--The Secretary shall prescribe procedures 
to collect fees under this section. The Secretary may use a department, 
agency, or instrumentality of the United States Government or of a 
State or local government to collect the fee and may reimburse the 
department, agency, or instrumentality a reasonable amount for its 
services.
    (d) Use of Fees.--A fee collected under this section--
        (1)(A) related to a gas pipeline facility may be used only for 
    an activity related to gas under chapter 601 of this title; and
        (B) related to a hazardous liquid pipeline facility may be used 
    only for an activity related to hazardous liquid under chapter 601 
    of this title; and
        (2) may be used only to the extent provided in advance in an 
    appropriation law.
    (e) Limitations.--Fees prescribed under subsection (a) of this 
section shall be sufficient to pay for the costs of activities 
described in subsection (d) of this section. However, the total amount 
collected for a fiscal year may not be more than 105 percent of the 
total amount of the appropriations made for the fiscal year for 
activities to be financed by the fees.

              CHAPTER 605--INTERSTATE COMMERCE REGULATION

Sec.
60501.  Secretary of Energy.
60502.  Federal Energy Regulatory Commission.
60503.  Effect of enactment.

Sec. 60501. Secretary of Energy

    Except as provided in section 60502 of this title, the Secretary of 
Energy has the duties and powers related to the transportation of oil 
by pipeline that were vested on October 1, 1977, in the Interstate 
Commerce Commission or the chairman or a member of the Commission.

Sec. 60502. Federal Energy Regulatory Commission

    The Federal Energy Regulatory Commission has the duties and powers 
related to the establishment of a rate or charge for the transportation 
of oil by pipeline or the valuation of that pipeline that were vested 
on October 1, 1977, in the Interstate Commerce Commission or an officer 
or component of the Interstate Commerce Commission.

Sec. 60503. Effect of enactment

    The enactment of the Act of October 17, 1978 (Public Law 95-473, 92 
Stat. 1337), the Act of January 12, 1983 (Public Law 97-449, 96 Stat. 
2413), and the Act enacting this section does not repeal, and has no 
substantive effect on, any right, obligation, liability, or remedy of 
an oil pipeline, including a right, obligation, liability, or remedy 
arising under the Interstate Commerce Act or the Act of August 29, 1916 
(known as the Pomerene Bills of Lading Act), before any department, 
agency, or instrumentality of the United States Government, an officer 
or employee of the Government, or a court of competent jurisdiction.

              SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION

Chapter                                                             Sec.

COMMERCIAL SPACE LAUNCH ACTIVITIES.................................70101
SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS................70301

             CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES

Sec.
70101.  Findings and purposes.
70102.  Definitions.
70103.  General authority.
70104.  Restrictions on launches and operations.
70105.  License applications and requirements.
70106.  Monitoring activities.
70107.  Effective periods, and modifications, suspensions, and 
          revocations, of licenses.
70108.  Prohibition, suspension, and end of launches and operation of 
          launch sites.
70109.  Preemption of scheduled launches.
70110.  Administrative hearings and judicial review.
70111.  Acquiring United States Government property and services.
70112.  Liability insurance and financial responsibility requirements.
70113.  Paying claims exceeding liability insurance and financial 
          responsibility requirements.
70114.  Disclosing information.
70115.  Enforcement and penalty.
70116.  Consultation.
70117.  Relationship to other executive agencies, laws, and 
          international obligations.
70118.  User fees.
70119.  Authorization of appropriations.

Sec. 70101. Findings and purposes

    (a) Findings.--Congress finds that--
        (1) the peaceful uses of outer space continue to be of great 
    value and to offer benefits to all mankind;
        (2) private applications of space technology have achieved a 
    significant level of commercial and economic activity and offer the 
    potential for growth in the future, particularly in the United 
    States;
        (3) new and innovative equipment and services are being sought, 
    produced, and offered by entrepreneurs in telecommunications, 
    information services, and remote sensing technologies;
        (4) the private sector in the United States has the capability 
    of developing and providing private satellite launching and 
    associated services that would complement the launching and 
    associated services now available from the United States 
    Government;
        (5) the development of commercial launch vehicles and 
    associated services would enable the United States to retain its 
    competitive position internationally, contributing to the national 
    interest and economic well-being of the United States;
        (6) providing launch services by the private sector is 
    consistent with the national security and foreign policy interests 
    of the United States and would be facilitated by stable, minimal, 
    and appropriate regulatory guidelines that are fairly and 
    expeditiously applied;
        (7) the United States should encourage private sector launches 
    and associated services and, only to the extent necessary, regulate 
    those launches and services to ensure compliance with international 
    obligations of the United States and to protect the public health 
    and safety, safety of property, and national security and foreign 
    policy interests of the United States;
        (8) space transportation, including the establishment and 
    operation of launch sites and complementary facilities, the 
    providing of launch services, the establishment of support 
    facilities, and the providing of support services, is an important 
    element of the transportation system of the United States, and in 
    connection with the commerce of the United States there is a need 
    to develop a strong space transportation infrastructure with 
    significant private sector involvement; and
        (9) the participation of State governments in encouraging and 
    facilitating private sector involvement in space-related activity, 
    particularly through the establishment of a space transportation-
    related infrastructure, including launch sites, complementary 
    facilities, and launch site support facilities, is in the national 
    interest and is of significant public benefit.
    (b) Purposes.--The purposes of this chapter are--
        (1) to promote economic growth and entrepreneurial activity 
    through use of the space environment for peaceful purposes;
        (2) to encourage the United States private sector to provide 
    launch vehicles and associated services by--
            (A) simplifying and expediting the issuance and transfer of 
        commercial launch licenses; and
            (B) facilitating and encouraging the use of Government-
        developed space technology;
        (3) to provide that the Secretary of Transportation is to 
    oversee and coordinate the conduct of commercial launch operations, 
    issue and transfer commercial launch licenses authorizing those 
    operations, and protect the public health and safety, safety of 
    property, and national security and foreign policy interests of the 
    United States; and
        (4) to facilitate the strengthening and expansion of the United 
    States space transportation infrastructure, including the 
    enhancement of United States launch sites and launch-site support 
    facilities, with Government, State, and private sector involvement, 
    to support the full range of United States space-related 
    activities.

Sec. 70102. Definitions

    In this chapter--
        (1) ``citizen of the United States'' means--
            (A) an individual who is a citizen of the United States;
            (B) an entity organized or existing under the laws of the 
        United States or a State; or
            (C) an entity organized or existing under the laws of a 
        foreign country if the controlling interest (as defined by the 
        Secretary of Transportation) is held by an individual or entity 
        described in subclause (A) or (B) of this clause.
        (2) ``executive agency'' has the same meaning given that term 
    in section 105 of title 5.
        (3) ``launch'' means to place or try to place a launch vehicle 
    and any payload--
            (A) in a suborbital trajectory;
            (B) in Earth orbit in outer space; or
            (C) otherwise in outer space.
        (4) ``launch property'' means an item built for, or used in, 
    the launch preparation or launch of a launch vehicle.
        (5) ``launch services'' means--
            (A) activities involved in the preparation of a launch 
        vehicle and payload for launch; and
            (B) the conduct of a launch.
        (6) ``launch site'' means the location on Earth from which a 
    launch takes place (as defined in a license the Secretary issues or 
    transfers under this chapter) and necessary facilities.
        (7) ``launch vehicle'' means--
            (A) a vehicle built to operate in, or place a payload in, 
        outer space; and
            (B) a suborbital rocket.
        (8) ``payload'' means an object that a person undertakes to 
    place in outer space by means of a launch vehicle, including 
    components of the vehicle specifically designed or adapted for that 
    object.
        (9) ``person'' means an individual and an entity organized or 
    existing under the laws of a State or country.
        (10) ``State'' means a State of the United States, the District 
    of Columbia, and a territory or possession of the United States.
        (11) ``third party'' means a person except--
            (A) the United States Government or the Government's 
        contractors or subcontractors involved in launch services;
            (B) a licensee or transferee under this chapter;
            (C) a licensee's or transferee's contractors, 
        subcontractors, or customers involved in launch services; or
            (D) the customer's contractors or subcontractors involved 
        in launch services.
        (12) ``United States'' means the States of the United States, 
    the District of Columbia, and the territories and possessions of 
    the United States.

Sec. 70103. General authority

    (a) General.--The Secretary of Transportation shall carry out this 
chapter.
    (b) Facilitating Commercial Launches.--In carrying out this 
chapter, the Secretary shall--
        (1) encourage, facilitate, and promote commercial space 
    launches by the private sector; and
        (2) take actions to facilitate private sector involvement in 
    commercial space transportation activity, and to promote public-
    private partnerships involving the United States Government, State 
    governments, and the private sector to build, expand, modernize, or 
    operate a space launch infrastructure.
    (c) Executive Agency Assistance.--When necessary, the head of an 
executive agency shall assist the Secretary in carrying out this 
chapter.

Sec. 70104. Restrictions on launches and operations

    (a) License Requirement.--A license issued or transferred under 
this chapter is required for the following:
        (1) for a person to launch a launch vehicle or to operate a 
    launch site in the United States.
        (2) for a citizen of the United States (as defined in section 
    70102(1)(A) or (B) of this title) to launch a launch vehicle or to 
    operate a launch site outside the United States.
        (3) for a citizen of the United States (as defined in section 
    70102(1)(C) of this title) to launch a launch vehicle or to operate 
    a launch site outside the United States and outside the territory 
    of a foreign country unless there is an agreement between the 
    United States Government and the government of the foreign country 
    providing that the government of the foreign country has 
    jurisdiction over the launch or operation.
        (4) for a citizen of the United States (as defined in section 
    70102(1)(C) of this title) to launch a launch vehicle or to operate 
    a launch site in the territory of a foreign country if there is an 
    agreement between the United States Government and the government 
    of the foreign country providing that the United States Government 
    has jurisdiction over the launch or operation.
    (b) Compliance With Payload Requirements.--The holder of a launch 
license under this chapter may launch a payload only if the payload 
complies with all requirements of the laws of the United States related 
to launching a payload.
    (c) Preventing Launches.--The Secretary of Transportation shall 
establish whether all required licenses, authorizations, and permits 
required for a payload have been obtained. If no license, 
authorization, or permit is required, the Secretary may prevent the 
launch if the Secretary decides the launch would jeopardize the public 
health and safety, safety of property, or national security or foreign 
policy interest of the United States.

Sec. 70105. License applications and requirements

    (a) Applications.--A person may apply to the Secretary of 
Transportation for a license or transfer of a license under this 
chapter in the form and way the Secretary prescribes. Consistent with 
the public health and safety, safety of property, and national security 
and foreign policy interests of the United States, the Secretary, not 
later than 180 days after receiving an application, shall issue or 
transfer a license if the Secretary decides in writing that the 
applicant complies, and will continue to comply, with this chapter and 
regulations prescribed under this chapter. The Secretary shall inform 
the applicant of any pending issue and action required to resolve the 
issue if the Secretary has not made a decision not later than 120 days 
after receiving an application.
    (b) Requirements.--(1) Except as provided in this subsection, all 
requirements of the laws of the United States applicable to the launch 
of a launch vehicle or the operation of a launch site are requirements 
for a license under this chapter.
    (2) The Secretary may prescribe--
        (A) any term necessary to ensure compliance with this chapter, 
    including on-site verification that a launch or operation complies 
    with representations stated in the application;
        (B) an additional requirement necessary to protect the public 
    health and safety, safety of property, national security interests, 
    and foreign policy interests of the United States; and
        (C) by regulation that a requirement of a law of the United 
    States not be a requirement for a license if the Secretary, after 
    consulting with the head of the appropriate executive agency, 
    decides that the requirement is not necessary to protect the public 
    health and safety, safety of property, and national security and 
    foreign policy interests of the United States.
    (3) The Secretary may waive a requirement for an individual 
applicant if the Secretary decides that the waiver is in the public 
interest and will not jeopardize the public health and safety, safety 
of property, and national security and foreign policy interests of the 
United States.
    (c) Procedures and Timetables.--The Secretary shall establish 
procedures and timetables that expedite review of a license application 
and reduce the regulatory burden for an applicant.

Sec. 70106. Monitoring activities

    (a) General Requirements.--A licensee under this chapter must allow 
the Secretary of Transportation to place an officer or employee of the 
United States Government or another individual as an observer at a 
launch site the licensee uses, at a production facility or assembly 
site a contractor of the licensee uses to produce or assemble a launch 
vehicle, or at a site at which a payload is integrated with a launch 
vehicle. The observer will monitor the activity of the licensee or 
contractor at the time and to the extent the Secretary considers 
reasonable to ensure compliance with the license or to carry out the 
duties of the Secretary under section 70104(c) of this title. A 
licensee must cooperate with an observer carrying out this subsection.
    (b) Contracts.--To the extent provided in advance in an 
appropriation law, the Secretary may make a contract with a person to 
carry out subsection (a) of this section.

Sec. 70107. Effective periods, and modifications, suspensions, and 
            revocations, of licenses

    (a) Effective Periods of Licenses.--The Secretary of Transportation 
shall specify the period for which a license issued or transferred 
under this chapter is in effect.
    (b) Modifications.--On the initiative of the Secretary or on 
application of the licensee, the Secretary may modify a license issued 
or transferred under this chapter if the Secretary decides the 
modification will comply with this chapter.
    (c) Suspensions and Revocations.--The Secretary may suspend or 
revoke a license if the Secretary decides that--
        (1) the licensee has not complied substantially with a 
    requirement of this chapter or a regulation prescribed under this 
    chapter; or
        (2) the suspension or revocation is necessary to protect the 
    public health and safety, the safety of property, or a national 
    security or foreign policy interest of the United States.
    (d) Effective Periods of Modifications, Suspensions, and 
Revocations.--Unless the Secretary specifies otherwise, a modification, 
suspension, or revocation under this section takes effect immediately 
and remains in effect during a review under section 70110 of this 
title.
    (e) Notification.--The Secretary shall notify the licensee in 
writing of the decision of the Secretary under this section and any 
action the Secretary takes or proposes to take based on the decision.

Sec. 70108. Prohibition, suspension, and end of launches and operation 
            of launch sites

    (a) General Authority.--The Secretary of Transportation may 
prohibit, suspend, or end immediately the launch of a launch vehicle or 
the operation of a launch site licensed under this chapter if the 
Secretary decides the launch or operation is detrimental to the public 
health and safety, the safety of property, or a national security or 
foreign policy interest of the United States.
    (b) Effective Periods of Orders.--An order under this section takes 
effect immediately and remains in effect during a review under section 
70110 of this title.

Sec. 70109. Preemption of scheduled launches

    (a) General.--With the cooperation of the Secretary of Defense and 
the Administrator of the National Aeronautics and Space Administration, 
the Secretary of Transportation shall act to ensure that a launch of a 
payload is not preempted from access to a United States Government 
launch site or launch property, except for imperative national need, 
when a launch date commitment from the Government has been obtained for 
a launch licensed under this chapter. A licensee or transferee 
preempted from access to a launch site or launch property does not have 
to pay the Government any amount for launch services attributable only 
to the scheduled launch prevented by the preemption.
    (b) Imperative National Need Decisions.--In consultation with the 
Secretary of Transportation, the Secretary of Defense or the 
Administrator shall decide when an imperative national need requires 
preemption under subsection (a) of this section. That decision may not 
be delegated.
    (c) Reports.--In cooperation with the Secretary of Transportation, 
the Secretary of Defense or the Administrator, as appropriate, shall 
submit to Congress not later than 7 days after a decision to preempt 
under subsection (a) of this section, a report that includes an 
explanation of the circumstances justifying the decision and a schedule 
for ensuring the prompt launching of a preempted payload.

Sec. 70110. Administrative hearings and judicial review

    (a) Administrative Hearings.--The Secretary of Transportation shall 
provide an opportunity for a hearing on the record to--
        (1) an applicant under this chapter, for a decision of the 
    Secretary under section 70105(a) of this title to issue or transfer 
    a license with terms or deny the issuance or transfer of a license;
        (2) an owner or operator of a payload under this chapter, for a 
    decision of the Secretary under section 70104(c) of this title to 
    prevent the launch of the payload; and
        (3) a licensee under this chapter, for a decision of the 
    Secretary under--
            (A) section 70107 (b) or (c) of this title to modify, 
        suspend, or revoke a license; or
            (B) section 70108(a) of this title to prohibit, suspend, or 
        end a launch or operation of a launch site licensed by the 
        Secretary.
    (b) Judicial Review.--A final action of the Secretary under this 
chapter is subject to judicial review as provided in chapter 7 of title 
5.

Sec. 70111. Acquiring United States Government property and services

    (a) General Requirements and Considerations.--(1) The Secretary of 
Transportation shall facilitate and encourage the acquisition by the 
private sector and State governments of--
        (A) launch property of the United States Government that is 
    excess or otherwise is not needed for public use; and
        (B) launch services, including utilities, of the Government 
    otherwise not needed for public use.
    (2) In acting under paragraph (1) of this subsection, the Secretary 
shall consider the commercial availability on reasonable terms of 
substantially equivalent launch property or launch services from a 
domestic source.
    (b) Price.--(1) In this subsection, ``direct costs'' means the 
actual costs that--
        (A) can be associated unambiguously with a commercial launch 
    effort; and
        (B) the Government would not incur if there were no commercial 
    launch effort.
    (2) In consultation with the Secretary, the head of the executive 
agency providing the property or service under subsection (a) of this 
section shall establish the price for the property or service. The 
price for--
        (A) acquiring launch property by sale or transaction instead of 
    sale is the fair market value;
        (B) acquiring launch property (except by sale or transaction 
    instead of sale) is an amount equal to the direct costs, including 
    specific wear and tear and property damage, the Government incurred 
    because of acquisition of the property; and
        (C) launch services is an amount equal to the direct costs, 
    including the basic pay of Government civilian and contractor 
    personnel, the Government incurred because of acquisition of the 
    services.
    (c) Collection by Secretary.--The Secretary may collect a payment 
under this section with the consent of the head of the executive agency 
establishing the price. Amounts collected under this subsection shall 
be deposited in the Treasury. Amounts (except for excess launch 
property) shall be credited to the appropriation from which the cost of 
providing the property or services was paid.
    (d) Collection by Other Governmental Heads.--The head of a 
department, agency, or instrumentality of the Government may collect a 
payment for an activity involved in producing a launch vehicle or its 
payload for launch if the activity was agreed to by the owner or 
manufacturer of the launch vehicle or payload.

Sec. 70112. Liability insurance and financial responsibility 
            requirements

    (a) General Requirements.--(1) When a license is issued or 
transferred under this chapter, the licensee or transferee shall obtain 
liability insurance or demonstrate financial responsibility in amounts 
to compensate for the maximum probable loss from claims by--
        (A) a third party for death, bodily injury, or property damage 
    or loss resulting from an activity carried out under the license; 
    and
        (B) the United States Government against a person for damage or 
    loss to Government property resulting from an activity carried out 
    under the license.
    (2) The Secretary of Transportation shall determine the amounts 
required under paragraph (1)(A) and (B) of this subsection, after 
consulting with the Administrator of the National Aeronautics and Space 
Administration, the Secretary of the Air Force, and the heads of other 
appropriate executive agencies.
    (3) For the total claims related to one launch, a licensee or 
transferee is not required to obtain insurance or demonstrate financial 
responsibility of more than--
        (A)(i) $500,000,000 under paragraph (1)(A) of this subsection; 
    or
        (ii) $100,000,000 under paragraph (1)(B) of this subsection; or
        (B) the maximum liability insurance available on the world 
    market at reasonable cost if the amount is less than the applicable 
    amount in clause (A) of this paragraph.
    (4) An insurance policy or demonstration of financial 
responsibility under this subsection shall protect the following, to 
the extent of their potential liability for involvement in launch 
services, at no cost to the Government:
        (A) the Government.
        (B) executive agencies and personnel, contractors, and 
    subcontractors of the Government.
        (C) contractors, subcontractors, and customers of the licensee 
    or transferee.
        (D) contractors and subcontractors of the customer.
    (b) Reciprocal Waiver of Claims.--(1) A license issued or 
transferred under this chapter shall contain a provision requiring the 
licensee or transferee to make a reciprocal waiver of claims with its 
contractors, subcontractors, and customers, and contractors and 
subcontractors of the customers, involved in launch services under 
which each party to the waiver agrees to be responsible for property 
damage or loss it sustains, or for personal injury to, death of, or 
property damage or loss sustained by its own employees resulting from 
an activity carried out under the license.
    (2) The Secretary of Transportation shall make, for the Government, 
executive agencies of the Government involved in launch services, and 
contractors and subcontractors involved in launch services, a 
reciprocal waiver of claims with the licensee or transferee, 
contractors, subcontractors, and customers of the licensee or 
transferee, and contractors and subcontractors of the customers, 
involved in launch services under which each party to the waiver agrees 
to be responsible for property damage or loss it sustains, or for 
personal injury to, death of, or property damage or loss sustained by 
its own employees resulting from an activity carried out under the 
license. The waiver applies only to the extent that claims are more 
than the amount of insurance or demonstration of financial 
responsibility required under subsection (a)(1)(B) of this section. 
After consulting with the Administrator and the Secretary of the Air 
Force, the Secretary of Transportation may waive, for the Government 
and a department, agency, and instrumentality of the Government, the 
right to recover damages for damage or loss to Government property to 
the extent insurance is not available because of a policy exclusion the 
Secretary of Transportation decides is usual for the type of insurance 
involved.
    (c) Determination of Maximum Probable Losses.--The Secretary of 
Transportation shall determine the maximum probable losses under 
subsection (a)(1)(A) and (B) of this section associated with an 
activity under a license not later than 90 days after a licensee or 
transferee requires a determination and submits all information the 
Secretary requires. The Secretary shall amend the determination as 
warranted by new information.
    (d) Annual Report.--(1) Not later than November 15 of each year, 
the Secretary of Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science, Space, and Technology of the House of Representatives a 
report on current determinations made under subsection (c) of this 
section related to all issued licenses and the reasons for the 
determinations.
    (2) Not later than May 15 of each year, the Secretary of 
Transportation shall review the amounts specified in subsection 
(a)(3)(A) of this section and submit a report to Congress that contains 
proposed adjustments in the amounts to conform with changed liability 
expectations and availability of insurance on the world market. The 
proposed adjustment takes effect 30 days after a report is submitted.
    (e) Launches Involving Government Facilities and Personnel.--The 
Secretary of Transportation shall establish requirements consistent 
with this chapter for proof of financial responsibility and other 
assurances necessary to protect the Government and its executive 
agencies and personnel from liability, death, bodily injury, or 
property damage or loss as a result of a launch or operation of a 
launch site involving a facility or personnel of the Government. The 
Secretary may not relieve the Government of liability under this 
subsection for death, bodily injury, or property damage or loss 
resulting from the willful misconduct of the Government or its agents.
    (f) Collection and Crediting Payments.--The head of a department, 
agency, or instrumentality of the Government shall collect a payment 
owed for damage or loss to Government property under its jurisdiction 
or control resulting from an activity carried out under a license 
issued or transferred under this chapter. The payment shall be credited 
to the current applicable appropriation, fund, or account of the 
department, agency, or instrumentality.

Sec. 70113. Paying claims exceeding liability insurance and financial 
            responsibility requirements

    (a) General Requirements.--(1) To the extent provided in advance in 
an appropriation law or to the extent additional legislative authority 
is enacted providing for paying claims in a compensation plan submitted 
under subsection (d) of this section, the Secretary of Transportation 
shall provide for the payment by the United States Government of a 
successful claim (including reasonable litigation or settlement 
expenses) of a third party against a licensee or transferee under this 
chapter, a contractor, subcontractor, or customer of the licensee or 
transferee, or a contractor or subcontractor of a customer, resulting 
from an activity carried out under the license issued or transferred 
under this chapter for death, bodily injury, or property damage or loss 
resulting from an activity carried out under the license. However, 
claims may be paid under this section only to the extent the total 
amount of successful claims related to one launch--
        (A) is more than the amount of insurance or demonstration of 
    financial responsibility required under section 70112(a)(1)(A) of 
    this title; and
        (B) is not more than $1,500,000,000 (plus additional amounts 
    necessary to reflect inflation occurring after January 1, 1989) 
    above that insurance or financial responsibility amount.
    (2) The Secretary may not provide for paying a part of a claim for 
which death, bodily injury, or property damage or loss results from 
willful misconduct by the licensee or transferee. To the extent 
insurance required under section 70112(a)(1)(A) of this title is not 
available to cover a successful third party liability claim because of 
an insurance policy exclusion the Secretary decides is usual for the 
type of insurance involved, the Secretary may provide for paying the 
excluded claims without regard to the limitation contained in section 
70112(a)(1).
    (b) Notice, Participation, and Approval.--Before a payment under 
subsection (a) of this section is made--
        (1) notice must be given to the Government of a claim, or a 
    civil action related to the claim, against a party described in 
    subsection (a)(1) of this section for death, bodily injury, or 
    property damage or loss;
        (2) the Government must be given an opportunity to participate 
    or assist in the defense of the claim or action; and
        (3) the Secretary must approve any part of a settlement to be 
    paid out of appropriations of the Government.
    (c) Withholding Payments.--The Secretary may withhold a payment 
under subsection (a) of this section if the Secretary certifies that 
the amount is not reasonable. However, the Secretary shall deem to be 
reasonable the amount of a claim finally decided by a court of 
competent jurisdiction.
    (d) Surveys, Reports, and Compensation Plans.--(1) If as a result 
of an activity carried out under a license issued or transferred under 
this chapter the total of claims related to one launch is likely to be 
more than the amount of required insurance or demonstration of 
financial responsibility, the Secretary shall--
        (A) survey the causes and extent of damage; and
        (B) submit expeditiously to Congress a report on the results of 
    the survey.
    (2) Not later than 90 days after a court determination indicates 
that the liability for the total of claims related to one launch may be 
more than the required amount of insurance or demonstration of 
financial responsibility, the President, on the recommendation of the 
Secretary, shall submit to Congress a compensation plan that--
        (A) outlines the total dollar value of the claims;
        (B) recommends sources of amounts to pay for the claims;
        (C) includes legislative language required to carry out the 
    plan if additional legislative authority is required; and
        (D) for a single event or incident, may not be for more than 
    $1,500,000,000.
    (3) A compensation plan submitted to Congress under paragraph (2) 
of this subsection shall--
        (A) have an identification number; and
        (B) be submitted to the Senate and the House of Representatives 
    on the same day and when the Senate and House are in session.
    (e) Congressional Resolutions.--(1) In this subsection, 
``resolution''--
        (A) means a joint resolution of Congress the matter after the 
    resolving clause of which is as follows: ``That the Congress 
    approves the compensation plan numbered __________ submitted to the 
    Congress on __________ ____, 19____.'', with the blank spaces being 
    filled appropriately; but
        (B) does not include a resolution that includes more than one 
    compensation plan.
    (2) The Senate shall consider under this subsection a compensation 
plan requiring additional appropriations or legislative authority not 
later than 60 calendar days of continuous session of Congress after the 
date on which the plan is submitted to Congress.
    (3) A resolution introduced in the Senate shall be referred 
immediately to a committee by the President of the Senate. All 
resolutions related to the same plan shall be referred to the same 
committee.
    (4)(A) If the committee of the Senate to which a resolution has 
been referred does not report the resolution within 20 calendar days 
after it is referred, a motion is in order to discharge the committee 
from further consideration of the resolution or to discharge the 
committee from further consideration of the plan.
    (B) A motion to discharge may be made only by an individual 
favoring the resolution and is highly privileged (except that the 
motion may not be made after the committee has reported a resolution on 
the plan). Debate on the motion is limited to one hour, to be divided 
equally between those favoring and those opposing the resolution. An 
amendment to the motion is not in order. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to is not in order.
    (C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed and another motion to discharge the committee 
from another resolution on the same plan may not be made.
    (5)(A) After a committee of the Senate reports, or is discharged 
from further consideration of, a resolution, a motion to proceed to the 
consideration of the resolution is in order at any time, even though a 
similar previous motion has been disagreed to. The motion is highly 
privileged and is not debatable. An amendment to the motion is not in 
order. A motion to reconsider the vote by which the motion is agreed to 
or disagreed to is not in order.
    (B) Debate on the resolution referred to in subparagraph (A) of 
this paragraph is limited to not more than 10 hours, to be divided 
equally between those favoring and those opposing the resolution. A 
motion further to limit debate is not debatable. An amendment to, or 
motion to recommit, the resolution is not in order. A motion to 
reconsider the vote by which the resolution is agreed to or disagreed 
to is not in order.
    (6) The following shall be decided in the Senate without debate:
        (A) a motion to postpone related to the discharge from 
    committee.
        (B) a motion to postpone consideration of a resolution.
        (C) a motion to proceed to the consideration of other business.
        (D) an appeal from a decision of the chair related to the 
    application of the rules of the Senate to the procedures related to 
    resolution.
    (f) Application.--This section applies to a license issued or 
transferred under this chapter for which the Secretary receives a 
complete and valid application not later than December 31, 1999.

Sec. 70114. Disclosing information

    The Secretary of Transportation, an officer or employee of the 
United States Government, or a person making a contract with the 
Secretary under section 70106(b) of this title may disclose information 
under this chapter that qualifies for an exemption under section 
552(b)(4) of title 5 or is designated as confidential by the person or 
head of the executive agency providing the information only if the 
Secretary decides withholding the information is contrary to the public 
or national interest.

Sec. 70115. Enforcement and penalty

    (a) Prohibitions.--A person may not violate this chapter, a 
regulation prescribed under this chapter, or any term of a license 
issued or transferred under this chapter.
    (b) General Authority.--(1) In carrying out this chapter, the 
Secretary of Transportation may--
        (A) conduct investigations and inquiries;
        (B) administer oaths;
        (C) take affidavits; and
        (D) under lawful process--
            (i) enter at a reasonable time a launch site, production 
        facility, assembly site of a launch vehicle, or site at which a 
        payload is integrated with a launch vehicle to inspect an 
        object to which this chapter applies or a record or report the 
        Secretary requires be made or kept under this chapter; and
            (ii) seize the object, record, or report when there is 
        probable cause to believe the object, record, or report was 
        used, is being used, or likely will be used in violation of 
        this chapter.
    (2) The Secretary may delegate a duty or power under this chapter 
related to enforcement to an officer or employee of another executive 
agency with the consent of the head of the agency.
    (c) Civil Penalty.--(1) After notice and an opportunity for a 
hearing on the record, a person the Secretary finds to have violated 
subsection (a) of this section is liable to the United States 
Government for a civil penalty of not more than $100,000. A separate 
violation occurs for each day the violation continues.
    (2) In conducting a hearing under paragraph (1) of this subsection, 
the Secretary may--
        (A) subpena witnesses and records; and
        (B) enforce a subpena in an appropriate district court of the 
    United States.
    (3) The Secretary shall impose the civil penalty by written notice. 
The Secretary may compromise or remit a penalty imposed, or that may be 
imposed, under this section.
    (4) The Secretary shall recover a civil penalty not paid after the 
penalty is final or after a court enters a final judgment for the 
Secretary.

Sec. 70116. Consultation

    (a) Matters Affecting National Security.--The Secretary of 
Transportation shall consult with the Secretary of Defense on a matter 
under this chapter affecting national security. The Secretary of 
Defense shall identify and notify the Secretary of Transportation of a 
national security interest relevant to an activity under this chapter.
    (b) Matters Affecting Foreign Policy.--The Secretary of 
Transportation shall consult with the Secretary of State on a matter 
under this chapter affecting foreign policy. The Secretary of State 
shall identify and notify the Secretary of Transportation of a foreign 
policy interest or obligation relevant to an activity under this 
chapter.
    (c) Other Matters.--In carrying out this chapter, the Secretary of 
Transportation shall consult with the head of another executive 
agency--
        (1) to provide consistent application of licensing requirements 
    under this chapter;
        (2) to ensure fair treatment for all license applicants; and
        (3) when appropriate.

Sec. 70117. Relationship to other executive agencies, laws, and 
            international obligations

    (a) Executive Agencies.--Except as provided in this chapter, a 
person is not required to obtain from an executive agency a license, 
approval, waiver, or exemption to launch a launch vehicle or operate a 
launch site.
    (b) Federal Communications Commission and Secretary of Commerce.--
This chapter does not affect the authority of--
        (1) the Federal Communications Commission under the 
    Communications Act of 1934 (47 U.S.C. 151 et seq.); or
        (2) the Secretary of Commerce under the Land Remote-Sensing 
    Commercialization Act of 1984 (15 U.S.C. 4201 et seq.).
    (c) States and Political Subdivisions.--A State or political 
subdivision of a State--
        (1) may not adopt or have in effect a law, regulation, 
    standard, or order inconsistent with this chapter; but
        (2) may adopt or have in effect a law, regulation, standard, or 
    order consistent with this chapter that is in addition to or more 
    stringent than a requirement of, or regulation prescribed under, 
    this chapter.
    (d) Consultation.--The Secretary of Transportation is encouraged to 
consult with a State to simplify and expedite the approval of a space 
launch activity.
    (e) Foreign Countries.--The Secretary of Transportation shall--
        (1) carry out this chapter consistent with an obligation the 
    United States Government assumes in a treaty, convention, or 
    agreement in force between the Government and the government of a 
    foreign country; and
        (2) consider applicable laws and requirements of a foreign 
    country when carrying out this chapter.
    (f) Launch Not an Export.--A launch vehicle or payload that is 
launched is not, because of the launch, an export for purposes of a law 
controlling exports.
    (g) Nonapplication.--This chapter does not apply to--
        (1) a launch, operation of a launch vehicle or launch site, or 
    other space activity the Government carries out for the Government; 
    or
        (2) planning or policies related to the launch, operation, or 
    activity.

Sec. 70118. User fees

    The Secretary of Transportation may collect a user fee for a 
regulatory or other service conducted under this chapter only if 
specifically authorized by this chapter.

Sec. 70119. Authorization of appropriations

    The following amounts may be appropriated to the Secretary of 
Transportation for the fiscal year ending September 30, 1993:
        (1) $4,900,000 to carry out this chapter.
        (2) $20,000,000 for a program to ensure the resiliency of the 
    space launch infrastructure of the United States if a law is 
    enacted to establish that program in the Department of 
    Transportation.

    CHAPTER 703--SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

Sec.
70301.  Definitions.
70302.  Grant authority.
70303.  Grant applications.
70304.  Environmental requirements.
70305.  Authorization of appropriations.

Sec. 70301. Definitions

    In this chapter--
        (1) the definitions in section 502 of the National Aeronautics 
    and Space Administration Authorization Act, Fiscal Year 1993 (15 
    U.S.C. 5802) apply.
        (2) ``commercial space transportation infrastructure 
    development'' includes--
            (A) construction, improvement, design, and engineering of 
        space transportation infrastructure in the United States; and
            (B) technical studies to define how new or enhanced space 
        transportation infrastructure can best meet the needs of the 
        United States commercial space transportation industry.
        (3) ``project'' means a project (or separate projects submitted 
    together) to carry out commercial space transportation 
    infrastructure development, including the combined submission of 
    all projects to be undertaken at a particular site in a fiscal 
    year.
        (4) ``project grant'' means a grant of an amount by the 
    Secretary of Transportation to a sponsor for one or more projects.
        (5) ``public agency'' means a State or an agency of a State, a 
    political subdivision of a State, or a tax-supported organization.
        (6) ``sponsor'' means a public agency that, individually or 
    jointly with one or more other public agencies, submits to the 
    Secretary under this chapter an application for a project grant.

Sec. 70302. Grant authority

    (a) General Authority.--To ensure the resiliency of the space 
transportation infrastructure of the United States, the Secretary of 
Transportation may make project grants to sponsors as provided in this 
chapter.
    (b) Limitations.--The Secretary may make a project grant under this 
chapter only if--
        (1) at least 10 percent of the total cost of the project will 
    be paid by the private sector; and
        (2) the grant will not be for more than 50 percent of the total 
    cost of the project.

Sec. 70303. Grant applications

    (a) General.--A sponsor may submit to the Secretary of 
Transportation an application for a project grant. The application must 
state the project to be undertaken and be in the form and contain the 
information the Secretary requires.
    (b) Considerations and Consultation.--(1) In selecting proposed 
projects for grants under this section, the Secretary of Transportation 
shall consider--
        (A) the contribution of the project to industry capabilities 
    that serve the United States Government's space transportation 
    needs;
        (B) the extent of industry's financial contribution to the 
    project;
        (C) the extent of industry's participation in the project;
        (D) the positive impact of the project on the international 
    competitiveness of the United States space transportation industry;
        (E) the extent of State contributions to the project; and
        (F) the impact of the project on launch operations and other 
    activities at Government launch ranges.
    (2) The Secretary of Transportation shall consult with the 
Secretary of Defense, the Administrator of the National Space and 
Aeronautics Administration, and the heads of other appropriate agencies 
of the Government about paragraph (1)(A) and (F) of this subsection.
    (c) Requirements.--The Secretary of Transportation may approve an 
application only if the Secretary is satisfied that--
        (1) the project will contribute to the purposes of this 
    chapter;
        (2) the project is reasonably consistent with plans (existing 
    at the time of approval of the project) of public agencies that 
    are--
            (A) authorized by the State in which the project is 
        located; and
            (B) responsible for the development of the area surrounding 
        the project site;
        (3) if the application proposes to use Government property, the 
    specific consent of the head of the appropriate agency has been 
    obtained;
        (4) the project will be completed without unreasonable delay;
        (5) the sponsor submitting the application has the legal 
    authority to engage in the project; and
        (6) any additional requirements prescribed by the Secretary 
    have been met.
    (d) Preference for Industry Contributions.--The Secretary of 
Transportation shall give preference to applications for projects for 
which there will be greater industry financial contributions, all other 
factors being equal.

Sec. 70304. Environmental requirements

    (a) Policy.--It is the policy of the United States that projects 
selected under this chapter shall provide for the protection and 
enhancement of the natural resources and the quality of the environment 
of the United States. In carrying out this policy, the Secretary of 
Transportation shall consult with the Secretary of the Interior and the 
Administrator of the Environmental Protection Agency about a project 
that may have a significant effect on natural resources, including fish 
and wildlife, natural, scenic, and recreational assets, water and air 
quality, and other factors affecting the environment. If the Secretary 
of Transportation finds that a project will have a significant adverse 
effect, the Secretary may approve the application for the project only 
if, after a complete review that is a matter of public record, the 
Secretary makes a written finding that no feasible and prudent 
alternative to the project exists and that all reasonable steps have 
been taken to minimize the adverse effect.
    (b) Public Hearing Requirement.--The Secretary of Transportation 
may approve an application only if the sponsor of the project certifies 
to the Secretary that an opportunity for a public hearing has been 
provided to consider the economic, social, and environmental effects of 
the project and its consistency with the goals of any planning carried 
out by the community. When a hearing is held under this paragraph, the 
sponsor shall submit a copy of the transcript of the hearing to the 
Secretary.
    (c) Compliance With Air and Water Quality Standards.--(1) The 
Secretary of Transportation may approve an application only if the 
chief executive officer of the State in which the project is located 
certifies in writing to the Secretary that there is reasonable 
assurance that the project will be located, designed, constructed, and 
operated to comply with applicable air and water quality standards. If 
the Administrator has not prescribed those standards, certification 
shall be obtained from the Administrator. Notice of certification or 
refusal to certify shall be provided not later than 60 days after the 
Secretary receives the application.
    (2) The Secretary of Transportation shall condition the approval of 
an application on compliance with applicable air and water quality 
standards during construction and operation.
    (d) Compliance With Laws and Regulations.--The Secretary of 
Transportation may require a certification from a sponsor that the 
sponsor will comply with all applicable laws and regulations. The 
Secretary may rescind at any time acceptance of a certification from a 
sponsor under this subsection. This subsection does not affect any 
responsibility of the Secretary under another law, including--
        (1) section 303 of this title;
        (2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
    et seq.);
        (3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et 
    seq.);
        (4) the National Environmental Policy Act of 1969 (42 U.S.C. 
    4321 et seq.); and
        (5) the Uniform Relocation Assistance and Real Property 
    Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

Sec. 70305. Authorization of appropriations

    Not more than $10,000,000 may be appropriated to the Secretary of 
Transportation to make grants under this chapter. Amounts appropriated 
under this section remain available until expended.

                       SUBTITLE X--MISCELLANEOUS

Chapter                                                             Sec.

BILLS OF LADING....................................................80101
CONTRABAND.........................................................80301
MISCELLANEOUS......................................................80501

                      CHAPTER 801--BILLS OF LADING

Sec.
80101.  Definitions.
80102.  Application.
80103.  Negotiable and nonnegotiable bills.
80104.  Form and requirements for negotiation.
80105.  Title and rights affected by negotiation.
80106.  Transfer without negotiation.
80107.  Warranties and liability.
80108.  Alterations and additions.
80109.  Liens under negotiable bills.
80110.  Duty to deliver goods.
80111.  Liability for delivery of goods.
80112.  Liability under negotiable bills issued in parts, sets, or 
          duplicates.
80113.  Liability for nonreceipt, misdescription, and improper loading.
80114.  Lost, stolen, and destroyed negotiable bills.
80115.  Limitation on use of judicial process to obtain possession of 
          goods from common carriers.
80116.  Criminal penalty.

Sec. 80101. Definitions

    In this chapter--
        (1) ``consignee'' means the person named in a bill of lading as 
    the person to whom the goods are to be delivered.
        (2) ``consignor'' means the person named in a bill of lading as 
    the person from whom the goods have been received for shipment.
        (3) ``goods'' means merchandise or personal property that has 
    been, is being, or will be transported.
        (4) ``holder'' means a person having possession of, and a 
    property right in, a bill of lading.
        (5) ``order'' means an order by indorsement on a bill of 
    lading.
        (6) ``purchase'' includes taking by mortgage or pledge.
        (7) ``State'' means a State of the United States, the District 
    of Columbia, and a territory or possession of the United States.

Sec. 80102. Application

    This chapter applies to a bill of lading when the bill is issued by 
a common carrier for the transportation of goods--
        (1) between a place in the District of Columbia and another 
    place in the District of Columbia;
        (2) between a place in a territory or possession of the United 
    States and another place in the same territory or possession;
        (3) between a place in a State and a place in another State;
        (4) between a place in a State and a place in the same State 
    through another State or a foreign country; or
        (5) from a place in a State to a place in a foreign country.

Sec. 80103. Negotiable and nonnegotiable bills

    (a) Negotiable Bills.--(1) A bill of lading is negotiable if the 
bill--
        (A) states that the goods are to be delivered to the order of a 
    consignee; and
        (B) does not contain on its face an agreement with the shipper 
    that the bill is not negotiable.
    (2) Inserting in a negotiable bill of lading the name of a person 
to be notified of the arrival of the goods--
        (A) does not limit its negotiability; and
        (B) is not notice to the purchaser of the goods of a right the 
    named person has to the goods.
    (b) Nonnegotiable Bills.--(1) A bill of lading is nonnegotiable if 
the bill states that the goods are to be delivered to a consignee. The 
indorsement of a nonnegotiable bill does not--
        (A) make the bill negotiable; or
        (B) give the transferee any additional right.
    (2) A common carrier issuing a nonnegotiable bill of lading must 
put ``nonnegotiable'' or ``not negotiable'' on the bill. This paragraph 
does not apply to an informal memorandum or acknowledgment.

Sec. 80104. Form and requirements for negotiation

    (a) General Rules.--(1) A negotiable bill of lading may be 
negotiated by indorsement. An indorsement may be made in blank or to a 
specified person. If the goods are deliverable to the order of a 
specified person, then the bill must be indorsed by that person.
    (2) A negotiable bill of lading may be negotiated by delivery when 
the common carrier, under the terms of the bill, undertakes to deliver 
the goods to the order of a specified person and that person or a 
subsequent indorsee has indorsed the bill in blank.
    (3) A negotiable bill of lading may be negotiated by a person 
possessing the bill, regardless of the way in which the person got 
possession, if--
        (A) a common carrier, under the terms of the bill, undertakes 
    to deliver the goods to that person; or
        (B) when the bill is negotiated, it is in a form that allows it 
    to be negotiated by delivery.
    (b) Validity Not Affected.--The validity of a negotiation of a bill 
of lading is not affected by the negotiation having been a breach of 
duty by the person making the negotiation, or by the owner of the bill 
having been deprived of possession by fraud, accident, mistake, duress, 
loss, theft, or conversion, if the person to whom the bill is 
negotiated, or a person to whom the bill is subsequently negotiated, 
gives value for the bill in good faith and without notice of the breach 
of duty, fraud, accident, mistake, duress, loss, theft, or conversion.
    (c) Negotiation by Seller, Mortgagor, or Pledgor to Person Without 
Notice.--When goods for which a negotiable bill of lading has been 
issued are in a common carrier's possession, and the person to whom the 
bill has been issued retains possession of the bill after selling, 
mortgaging, or pledging the goods or bill, the subsequent negotiation 
of the bill by that person to another person receiving the bill for 
value, in good faith, and without notice of the prior sale, mortgage, 
or pledge has the same effect as if the first purchaser of the goods or 
bill had expressly authorized the subsequent negotiation.

Sec. 80105. Title and rights affected by negotiation

    (a) Title.--When a negotiable bill of lading is negotiated--
        (1) the person to whom it is negotiated acquires the title to 
    the goods that--
            (A) the person negotiating the bill had the ability to 
        convey to a purchaser in good faith for value; and
            (B) the consignor and consignee had the ability to convey 
        to such a purchaser; and
        (2) the common carrier issuing the bill becomes obligated 
    directly to the person to whom the bill is negotiated to hold 
    possession of the goods under the terms of the bill the same as if 
    the carrier had issued the bill to that person.
    (b) Superiority of Rights.--When a negotiable bill of lading is 
negotiated to a person for value in good faith, that person's right to 
the goods for which the bill was issued is superior to a seller's lien 
or to a right to stop the transportation of the goods. This subsection 
applies whether the negotiation is made before or after the common 
carrier issuing the bill receives notice of the seller's claim. The 
carrier may deliver the goods to an unpaid seller only if the bill 
first is surrendered for cancellation.
    (c) Mortgagee and Lien Holder Rights Not Affected.--Except as 
provided in subsection (b) of this section, this chapter does not limit 
a right of a mortgagee or lien holder having a mortgage or lien on 
goods against a person that purchased for value in good faith from the 
owner, and got possession of the goods immediately before delivery to 
the common carrier.

Sec. 80106. Transfer without negotiation

    (a) Delivery and Agreement.--The holder of a bill of lading may 
transfer the bill without negotiating it by delivery and agreement to 
transfer title to the bill or to the goods represented by it. Subject 
to the agreement, the person to whom the bill is transferred has title 
to the goods against the transferor.
    (b) Compelling Indorsement.--When a negotiable bill of lading is 
transferred for value by delivery without being negotiated and 
indorsement of the transferor is essential for negotiation, the 
transferee may compel the transferor to indorse the bill unless a 
contrary intention appears. The negotiation is effective when the 
indorsement is made.
    (c) Effect of Notification.--(1) When a transferee notifies the 
common carrier that a nonnegotiable bill of lading has been transferred 
under subsection (a) of this section, the carrier is obligated directly 
to the transferee for any obligations the carrier owed to the 
transferor immediately before the notification. However, before the 
carrier is notified, the transferee's title to the goods and right to 
acquire the obligations of the carrier may be defeated by--
        (A) garnishment, attachment, or execution on the goods by a 
    creditor of the transferor; or
        (B) notice to the carrier by the transferor or a purchaser from 
    the transferor of a later purchase of the goods from the 
    transferor.
    (2) A common carrier has been notified under this subsection only 
if--
        (A) an officer or agent of the carrier, whose actual or 
    apparent authority includes acting on the notification, has been 
    notified; and
        (B) the officer or agent has had time, exercising reasonable 
    diligence, to communicate with the agent having possession or 
    control of the goods.

Sec. 80107. Warranties and liability

    (a) General Rule.--Unless a contrary intention appears, a person 
negotiating or transferring a bill of lading for value warrants that--
        (1) the bill is genuine;
        (2) the person has the right to transfer the bill and the title 
    to the goods described in the bill;
        (3) the person does not know of a fact that would affect the 
    validity or worth of the bill; and
        (4) the goods are merchantable or fit for a particular purpose 
    when merchantability or fitness would have been implied if the 
    agreement of the parties had been to transfer the goods without a 
    bill of lading.
    (b) Security for Debt.--A person holding a bill of lading as 
security for a debt and in good faith demanding or receiving payment of 
the debt from another person does not warrant by the demand or 
receipt--
        (1) the genuineness of the bill; or
        (2) the quantity or quality of the goods described in the bill.
    (c) Duplicates.--A common carrier issuing a bill of lading, on the 
face of which is the word ``duplicate'' or another word indicating that 
the bill is not an original bill, is liable the same as a person that 
represents and warrants that the bill is an accurate copy of an 
original bill properly issued. The carrier is not otherwise liable 
under the bill.
    (d) Indorser Liability.--Indorsement of a bill of lading does not 
make the indorser liable for failure of the common carrier or a 
previous indorser to fulfill its obligations.

Sec. 80108. Alterations and additions

    An alteration or addition to a bill of lading after its issuance by 
a common carrier, without authorization from the carrier in writing or 
noted on the bill, is void. However, the original terms of the bill are 
enforceable.

Sec. 80109. Liens under negotiable bills

    A common carrier issuing a negotiable bill of lading has a lien on 
the goods covered by the bill for--
        (1) charges for storage, transportation, and delivery 
    (including demurrage and terminal charges), and expenses necessary 
    to preserve the goods or incidental to transporting the goods after 
    the date of the bill; and
        (2) other charges for which the bill expressly specifies a lien 
    is claimed to the extent the charges are allowed by law and the 
    agreement between the consignor and carrier.

Sec. 80110. Duty to deliver goods

    (a) General Rules.--Except to the extent a common carrier 
establishes an excuse provided by law, the carrier must deliver goods 
covered by a bill of lading on demand of the consignee named in a 
nonnegotiable bill or the holder of a negotiable bill for the goods 
when the consignee or holder--
        (1) offers in good faith to satisfy the lien of the carrier on 
    the goods;
        (2) has possession of the bill and, if a negotiable bill, 
    offers to indorse and give the bill to the carrier; and
        (3) agrees to sign, on delivery of the goods, a receipt for 
    delivery if requested by the carrier.
    (b) Persons to Whom Goods May Be Delivered.--Subject to section 
80111 of this title, a common carrier may deliver the goods covered by 
a bill of lading to--
        (1) a person entitled to their possession;
        (2) the consignee named in a nonnegotiable bill; or
        (3) a person in possession of a negotiable bill if--
            (A) the goods are deliverable to the order of that person; 
        or
            (B) the bill has been indorsed to that person or in blank 
        by the consignee or another indorsee.
    (c) Common Carrier Claims of Title and Possession.--A claim by a 
common carrier that the carrier has title to goods or right to their 
possession is an excuse for nondelivery of the goods only if the title 
or right is derived from--
        (1) a transfer made by the consignor or consignee after the 
    shipment; or
        (2) the carrier's lien.
    (d) Adverse Claims.--If a person other than the consignee or the 
person in possession of a bill of lading claims title to or possession 
of goods and the common carrier knows of the claim, the carrier is not 
required to deliver the goods to any claimant until the carrier has had 
a reasonable time to decide the validity of the adverse claim or to 
bring a civil action to require all claimants to interplead.
    (e) Interpleader.--If at least 2 persons claim title to or 
possession of the goods, the common carrier may--
        (1) bring a civil action to interplead all known claimants to 
    the goods; or
        (2) require those claimants to interplead as a defense in an 
    action brought against the carrier for nondelivery.
    (f) Third Person Claims Not a Defense.--Except as provided in 
subsections (b), (d), and (e) of this section, title or a right of a 
third person is not a defense to an action brought by the consignee of 
a nonnegotiable bill of lading or by the holder of a negotiable bill 
against the common carrier for failure to deliver the goods on demand 
unless enforced by legal process.

Sec. 80111. Liability for delivery of goods

    (a) General Rules.--A common carrier is liable for damages to a 
person having title to, or right to possession of, goods when--
        (1) the carrier delivers the goods to a person not entitled to 
    their possession unless the delivery is authorized under section 
    80110(b)(2) or (3) of this title;
        (2) the carrier makes a delivery under section 80110(b)(2) or 
    (3) of this title after being requested by or for a person having 
    title to, or right to possession of, the goods not to make the 
    delivery; or
        (3) at the time of delivery under section 80110(b)(2) or (3) of 
    this title, the carrier has information it is delivering the goods 
    to a person not entitled to their possession.
    (b) Effectiveness of Request or Information.--A request or 
information is effective under subsection (a)(2) or (3) of this section 
only if--
        (1) an officer or agent of the carrier, whose actual or 
    apparent authority includes acting on the request or information, 
    has been given the request or information; and
        (2) the officer or agent has had time, exercising reasonable 
    diligence, to stop delivery of the goods.
    (c) Failure To Take and Cancel Bills.--Except as provided in 
subsection (d) of this section, if a common carrier delivers goods for 
which a negotiable bill of lading has been issued without taking and 
canceling the bill, the carrier is liable for damages for failure to 
deliver the goods to a person purchasing the bill for value in good 
faith whether the purchase was before or after delivery and even when 
delivery was made to the person entitled to the goods. The carrier also 
is liable under this paragraph if part of the goods are delivered 
without taking and canceling the bill or plainly noting on the bill 
that a partial delivery was made and generally describing the goods or 
the remaining goods kept by the carrier.
    (d) Exceptions to Liability.--A common carrier is not liable for 
failure to deliver goods to the consignee or owner of the goods or a 
holder of the bill if--
        (1) a delivery described in subsection (c) of this section was 
    compelled by legal process;
        (2) the goods have been sold lawfully to satisfy the carrier's 
    lien;
        (3) the goods have not been claimed; or
        (4) the goods are perishable or hazardous.

Sec. 80112. Liability under negotiable bills issued in parts, sets, or 
            duplicates

    (a) Parts and Sets.--A negotiable bill of lading issued in a State 
for the transportation of goods to a place in the 48 contiguous States 
or the District of Columbia may not be issued in parts or sets. A 
common carrier issuing a bill in violation of this subsection is liable 
for damages for failure to deliver the goods to a purchaser of one part 
for value in good faith even though the purchase occurred after the 
carrier delivered the goods to a holder of one of the other parts.
    (b) Duplicates.--When at least 2 negotiable bills of lading are 
issued in a State for the same goods to be transported to a place in 
the 48 contiguous States or the District of Columbia, the word 
``duplicate'' or another word indicating that the bill is not an 
original must be put plainly on the face of each bill except the 
original. A common carrier violating this subsection is liable for 
damages caused by the violation to a purchaser of the bill for value in 
good faith as an original bill even though the purchase occurred after 
the carrier delivered the goods to the holder of the original bill.

Sec. 80113. Liability for nonreceipt, misdescription, and improper 
            loading

    (a) Liability for Nonreceipt and Misdescription.--Except as 
provided in this section, a common carrier issuing a bill of lading is 
liable for damages caused by nonreceipt by the carrier of any part of 
the goods by the date shown in the bill or by failure of the goods to 
correspond with the description contained in the bill. The carrier is 
liable to the owner of goods transported under a nonnegotiable bill 
(subject to the right of stoppage in transit) or to the holder of a 
negotiable bill if the owner or holder gave value in good faith relying 
on the description of the goods in the bill or on the shipment being 
made on the date shown in the bill.
    (b) Nonliability of Carriers.--A common carrier issuing a bill of 
lading is not liable under subsection (a) of this section--
        (1) when the goods are loaded by the shipper;
        (2) when the bill--
            (A) describes the goods in terms of marks or labels, or in 
        a statement about kind, quantity, or condition; or
            (B) is qualified by ``contents or condition of contents of 
        packages unknown'', ``said to contain'', ``shipper's weight, 
        load, and count'', or words of the same meaning; and
        (3) to the extent the carrier does not know whether any part of 
    the goods were received or conform to the description.
    (c) Liability for Improper Loading.--A common carrier issuing a 
bill of lading is not liable for damages caused by improper loading 
if--
        (1) the shipper loads the goods; and
        (2) the bill contains the words ``shipper's weight, load, and 
    count'', or words of the same meaning indicating the shipper loaded 
    the goods.
    (d) Carrier's Duty To Determine Kind, Quantity, and Number.--(1) 
When bulk freight is loaded by a shipper that makes available to the 
common carrier adequate facilities for weighing the freight, the 
carrier must determine the kind and quantity of the freight within a 
reasonable time after receiving the written request of the shipper to 
make the determination. In that situation, inserting the words 
``shipper's weight'' or words of the same meaning in the bill of lading 
has no effect.
    (2) When goods are loaded by a common carrier, the carrier must 
count the packages of goods, if package freight, and determine the kind 
and quantity, if bulk freight. In that situation, inserting in the bill 
of lading or in a notice, receipt, contract, rule, or tariff, the words 
``shipper's weight, load, and count'' or words indicating that the 
shipper described and loaded the goods, has no effect except for 
freight concealed by packages.

Sec. 80114. Lost, stolen, and destroyed negotiable bills

    (a) Delivery on Court Order and Surety Bond.--If a negotiable bill 
of lading is lost, stolen, or destroyed, a court of competent 
jurisdiction may order the common carrier to deliver the goods if the 
person claiming the goods gives a surety bond, in an amount approved by 
the court, to indemnify the carrier or a person injured by delivery 
against liability under the outstanding original bill. The court also 
may order payment of reasonable costs and attorney's fees to the 
carrier. A voluntary surety bond, without court order, is binding on 
the parties to the bond.
    (b) Liability to Holder.--Delivery of goods under a court order 
under subsection (a) of this section does not relieve a common carrier 
from liability to a person to whom the negotiable bill has been or is 
negotiated for value without notice of the court proceeding or of the 
delivery of the goods.

Sec. 80115. Limitation on use of judicial process to obtain possession 
            of goods from common carriers

    (a) Attachment and Levy.--Except when a negotiable bill of lading 
was issued originally on delivery of goods by a person that did not 
have the power to dispose of the goods, goods in the possession of a 
common carrier for which a negotiable bill has been issued may be 
attached through judicial process or levied on in execution of a 
judgment only if the bill is surrendered to the carrier or its 
negotiation is enjoined.
    (b) Delivery.--A common carrier may be compelled by judicial 
process to deliver goods under subsection (a) of this section only when 
the bill is surrendered to the carrier or impounded by the court.

Sec. 80116. Criminal penalty

    A person shall be fined under title 18, imprisoned for not more 
than 5 years, or both, if the person--
        (1) violates this chapter with intent to defraud; or
        (2) knowingly or with intent to defraud--
            (A) falsely makes, alters, or copies a bill of lading 
        subject to this chapter;
            (B) utters, publishes, or issues a falsely made, altered, 
        or copied bill subject to this chapter; or
            (C) negotiates or transfers for value a bill containing a 
        false statement.

                        CHAPTER 803--CONTRABAND

Sec.
80301.  Definitions.
80302.  Prohibitions.
80303.  Seizure and forfeiture.
80304.  Administrative.
80305.  Availability of certain appropriations.
80306.  Relationship to other laws.

Sec. 80301. Definitions

    In this chapter--
        (1) ``aircraft'' means a contrivance used, or capable of being 
    used, for transportation in the air.
        (2) ``vehicle'' means a contrivance used, or capable of being 
    used, for transportation on, below, or above land, but does not 
    include aircraft.
        (3) ``vessel'' means a contrivance used, or capable of being 
    used, for transportation in water, but does not include aircraft.

Sec. 80302. Prohibitions

    (a) Definition.--In this section, ``contraband'' means--
        (1) a narcotic drug (as defined in section 102 of the 
    Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
    U.S.C. 802)), including marihuana (as defined in section 102 of 
    that Act (21 U.S.C. 802)), that--
            (A) is possessed with intent to sell or offer for sale in 
        violation of the laws and regulations of the United States;
            (B) is acquired, possessed, sold, transferred, or offered 
        for sale in violation of those laws;
            (C) is acquired by theft, robbery, or burglary and 
        transported--
                (i) in the District of Columbia or a territory or 
            possession of the United States; or
                (ii) from a place in a State, the District of Columbia, 
            or a territory or possession of the United States, to a 
            place in another State, the District of Columbia, or a 
            territory or possession; or
            (D) does not bear tax-paid internal revenue stamps required 
        by those laws or regulations;
        (2) a firearm involved in a violation of chapter 53 of the 
    Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.);
        (3) a forged, altered, or counterfeit--
            (A) coin or an obligation or other security of the United 
        States Government (as defined in section 8 of title 18); or
            (B) coin, obligation, or other security of the government 
        of a foreign country;
        (4) material or equipment used, or intended to be used, in 
    making a coin, obligation, or other security referred to in clause 
    (3) of this subsection; or
        (5) a cigarette involved in a violation of chapter 114 of title 
    18 or a regulation prescribed under chapter 114.
    (b) Prohibitions.--A person may not--
        (1) transport contraband in an aircraft, vehicle, or vessel;
        (2) conceal or possess contraband on an aircraft, vehicle, or 
    vessel; or
        (3) use an aircraft, vehicle, or vessel to facilitate the 
    transportation, concealment, receipt, possession, purchase, sale, 
    exchange, or giving away of contraband.

Sec. 80303. Seizure and forfeiture

    The Secretary of the Treasury or the Governor of Guam or of the 
Northern Mariana Islands as provided in section 80304 of this title, or 
a person authorized by another law to enforce section 80302 of this 
title, shall seize an aircraft, vehicle, or vessel involved in a 
violation of section 80302 and place it in the custody of a person 
designated by the Secretary or appropriate Governor, as the case may 
be. The seized aircraft, vehicle, or vessel shall be forfeited, except 
when the owner establishes that a person except the owner committed the 
violation when the aircraft, vehicle, or vessel was in the possession 
of a person who got possession by violating a criminal law of the 
United States or a State. However, an aircraft, vehicle, or vessel used 
by a common carrier to provide transportation for compensation may be 
forfeited only when--
        (1) the owner, conductor, driver, pilot, or other individual in 
    charge of the aircraft or vehicle (except a rail car or engine) 
    consents to, or knows of, the alleged violation when the violation 
    occurs;
        (2) the owner of the rail car or engine consents to, or knows 
    of, the alleged violation when the violation occurs; or
        (3) the master or owner of the vessel consents to, or knows of, 
    the alleged violation when the violation occurs.

Sec. 80304. Administrative

    (a) General.--Except as provided in subsections (b) and (c) of this 
section, the Secretary of the Treasury--
        (1) may designate officers, employees, agents, or other persons 
    to carry out this chapter; and
        (2) shall prescribe regulations to carry out this chapter.
    (b) In Guam.--The Governor of Guam--
        (1) or officers of the government of Guam designated by the 
    Governor shall carry out this chapter in Guam;
        (2) may carry out laws referred to in section 80306(b) of this 
    title with modifications the Governor decides are necessary to meet 
    conditions in Guam; and
        (3) may prescribe regulations to carry out this chapter in 
    Guam.
    (c) In Northern Mariana Islands.--The Governor of the Northern 
Mariana Islands--
        (1) or officers of the government of the Northern Mariana 
    Islands designated by the Governor shall carry out this chapter in 
    the Northern Mariana Islands;
        (2) may carry out laws referred to in section 80306(b) of this 
    title with modifications the Governor decides are necessary to meet 
    conditions in the Northern Mariana Islands; and
        (3) may prescribe regulations to carry out this chapter in the 
    Northern Mariana Islands.
    (d) Customs Laws on Seizure and Forfeiture.--The Secretary, or the 
Governor of Guam or of the Northern Mariana Islands as provided in 
subsections (b) and (c) of this section, shall carry out the customs 
laws on the seizure and forfeiture of aircraft, vehicles, and vessels 
under this chapter.

Sec. 80305. Availability of certain appropriations

    Appropriations for enforcing customs, narcotics, counterfeiting, or 
internal revenue laws are available to carry out this chapter.

Sec. 80306. Relationship to other laws

    (a) Chapter as Additional Law.--This chapter is in addition to 
another law--
        (1) imposing, or authorizing the compromise of, fines, 
    penalties, or forfeitures; or
        (2) providing for seizure, condemnation, or disposition of 
    forfeited property, or the proceeds from the property.
    (b) Laws Applicable to Seizures and Forfeitures.--To the extent 
applicable and consistent with this chapter, the following apply to a 
seizure or forfeiture under this chapter:
        (1) provisions of law related to the seizure, forfeiture, and 
    condemnation of vehicles and vessels violating the customs laws.
        (2) provisions of law related to the disposition of those 
    vehicles or vessels or the proceeds from the sale of those vehicles 
    or vessels.
        (3) provisions of law related to the compromise of those 
    forfeitures or claims related to those forfeitures.
        (4) provisions of law related to the award of compensation to 
    an informer about those forfeitures.

                       CHAPTER 805--MISCELLANEOUS

Sec.
80501.  Damage to transported property.
80502.  Transportation of animals.
80503.  Payments for inspection and quarantine services.
80504.  Medals of honor.

Sec. 80501. Damage to transported property

    (a) Criminal Penalty.--A person willfully damaging, or attempting 
to damage, property in the possession of an air carrier, motor carrier, 
or rail carrier and being transported in interstate or foreign 
commerce, shall be fined under title 18, imprisoned for not more than 
10 years, or both. In a criminal proceeding under this section, a 
shipping document for the property is prima facie evidence of the 
places to which and from which the property was being transported.
    (b) Prohibition Against Multiple Prosecutions for Same Act.--A 
person may not be prosecuted for an act under this section when the 
person has been convicted or acquitted on the merits for the same act 
under the laws of a State, the District of Columbia, or a territory or 
possession of the United States.

Sec. 80502. Transportation of animals

    (a) Confinement.--(1) Except as provided in this section, a rail 
carrier, express carrier, or common carrier (except by air or water), a 
receiver, trustee, or lessee of one of those carriers, or an owner or 
master of a vessel transporting animals from a place in a State, the 
District of Columbia, or a territory or possession of the United States 
through or to a place in another State, the District of Columbia, or a 
territory or possession, may not confine animals in a vehicle or vessel 
for more than 28 consecutive hours without unloading the animals for 
feeding, water, and rest.
    (2) Sheep may be confined for an additional 8 consecutive hours 
without being unloaded when the 28-hour period of confinement ends at 
night. Animals may be confined for--
        (A) more than 28 hours when the animals cannot be unloaded 
    because of accidental or unavoidable causes that could not have 
    been anticipated or avoided when being careful; and
        (B) 36 consecutive hours when the owner or person having 
    custody of animals being transported requests, in writing and 
    separate from a bill of lading or other rail form, that the 28-hour 
    period be extended to 36 hours.
    (3) Time spent in loading and unloading animals is not included as 
part of a period of confinement under this subsection.
    (b) Unloading, Feeding, Watering, and Rest.--Animals being 
transported shall be unloaded in a humane way into pens equipped for 
feeding, water, and rest for at least 5 consecutive hours. The owner or 
person having custody of the animals shall feed and water the animals. 
When the animals are not fed and watered by the owner or person having 
custody, the rail carrier, express carrier, or common carrier (except 
by air or water), the receiver, trustee, or lessee of one of those 
carriers, or the owner or master of a vessel transporting the animals--
        (1) shall feed and water the animals at the reasonable expense 
    of the owner or person having custody, except that the owner or 
    shipper may provide food;
        (2) has a lien on the animals for providing food, care, and 
    custody that may be collected at the destination in the same way 
    that a transportation charge is collected; and
        (3) is not liable for detaining the animals for a reasonable 
    period to comply with subsection (a) of this section.
    (c) Nonapplication.--This section does not apply when animals are 
transported in a vehicle or vessel in which the animals have food, 
water, space, and an opportunity for rest.
    (d) Civil Penalty.--A rail carrier, express carrier, or common 
carrier (except by air or water), a receiver, trustee, or lessee of one 
of those carriers, or an owner or master of a vessel that knowingly and 
willfully violates this section is liable to the United States 
Government for a civil penalty of at least $100 but not more than $500 
for each violation. On learning of a violation, the Attorney General 
shall bring a civil action to collect the penalty in the district court 
of the United States for the judicial district in which the violation 
occurred or the defendant resides or does business.

Sec. 80503. Payments for inspection and quarantine services

    (a) General.--(1) In this subsection--
        (A) ``private aircraft'' means a civilian aircraft not being 
    used to transport passengers or property for compensation.
        (B) ``private vessel'' means a civilian vessel not being used--
            (i) to transport passengers or property for compensation; 
        or
            (ii) in fishing or fish processing operations.
    (2) Notwithstanding section 451 of the Tariff Act of 1930 (19 
U.S.C. 1451), the owner, operator, or agent of a private aircraft or 
private vessel may pay not more than $25 for the services of an officer 
or employee of the Department of Agriculture, the Customs Service, the 
Immigration and Naturalization Service, or the Public Health Service 
(including an independent contractor performing an inspection service 
for the Public Health Service) when the services are performed on a 
Sunday, holiday, or from 5 p.m. through 8 a.m. on a weekday, and are 
related to the aircraft's or vessel's arrival in, or departure from, 
the United States. However, the owner, operator, or agent does not have 
to pay for the services from 5 p.m. through 8 a.m. on a weekday when an 
officer or employee on regular duty is available at the place of 
arrival or departure to perform services.
    (3) The head of a department, agency, or instrumentality of the 
United States Government providing services under paragraph (2) of this 
subsection shall collect the amount paid for the services and deposit 
the amount in the Treasury. The amount shall be credited to the 
appropriation of the department, agency, or instrumentality against 
which the expense of those services was charged.
    (b) Limitations on Reimbursement.--(1) An owner or operator of an 
aircraft is required to reimburse the head of a department, agency, or 
instrumentality of the Government for the expenses of performing an 
inspection or quarantine service related to the aircraft at a place of 
inspection during regular service hours on a Sunday or holiday only to 
the same extent that an owner or operator makes reimbursement for the 
service during regular service hours on a weekday. The head of the 
department, agency, or instrumentality may not assess an owner or 
operator of an aircraft for administrative overhead expenses for 
inspection or quarantine service provided by the department, agency, or 
instrumentality at an entry airport.
    (2) This subsection does not require reimbursement for costs 
incurred by the Secretary of the Treasury in providing customs services 
described in section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)).

Sec. 80504. Medals of honor

    (a) Medals.--The President may prepare and give a bronze medal of 
honor with emblematic devices to an individual who by extreme daring 
endangers that individual's life in trying to prevent, or save the life 
of another in, a grave accident in the United States involving a rail 
carrier providing transportation in interstate commerce or involving a 
motor vehicle on the public streets, roads, or highways. The President 
may give a medal only when sufficient evidence that the individual 
deserves the medal has been filed under regulations prescribed by the 
President.
    (b) Ribbons, Knots, and Rosettes.--The President may give an 
individual who receives a medal a ribbon to be worn with the medal and 
a knot or rosette to be worn in place of the medal. The President shall 
prescribe the design for the ribbon, knot, and rosette. If the ribbon 
is lost, destroyed, or made unfit for use and the individual receiving 
the medal is not negligent, the President shall issue a new ribbon 
without charge to the individual.
    (c) Availability of Appropriations.--Appropriations made to the 
Secretary of Transportation are available to carry out this section.

                             ports of entry

    Sec. 2. (a) The definitions in section 40102(a) of title 49, United 
States Code, apply to this section.
    (b)(1) The Secretary of the Treasury may--
        (A) designate ports of entry in the United States for civil 
    aircraft arriving in the United States from a place outside the 
    United States and property transported on that aircraft;
        (B) detail to ports of entry officers and employees of the 
    United States Customs Service the Secretary considers necessary;
        (C) give an officer or employee of the United States Government 
    stationed at a port of entry (with the consent of the head of the 
    department, agency, or instrumentality of the Government with 
    jurisdiction over the officer or employee) duties and powers of 
    officers or employees of the Customs Service;
        (D) by regulation, apply to civil air navigation the laws and 
    regulations on carrying out the customs laws, to the extent and 
    under conditions the Secretary considers necessary; and
        (E) by regulation, apply to civil aircraft the laws and 
    regulations on entry and clearance of vessels, to the extent and 
    under conditions the Secretary considers necessary.
    (2) A person violating a customs regulation prescribed under 
paragraph (1)(A)-(D) of this subsection or a public health or customs 
law or regulation made applicable to aircraft by a regulation under 
paragraph (1)(A)-(D) is liable to the Government for a civil penalty of 
$5,000 for each violation. An aircraft involved in the violation may be 
seized and forfeited under the customs laws. The Secretary of the 
Treasury may remit or mitigate a penalty and forfeiture under this 
paragraph.
    (3) A person violating a regulation made applicable under paragraph 
(1)(E) of this subsection or an immigration regulation prescribed under 
paragraph (1)(E) is liable to the Government for a civil penalty of 
$5,000 for each violation. The Secretary of the Treasury or the 
Attorney General may remit or mitigate a penalty under this paragraph.
    (4) In addition to any other penalty, when a controlled substance 
described in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is 
found on, or to have been unloaded from, an aircraft to which this 
subsection applies, the owner of, or individual commanding, the 
aircraft is liable to the Government for the penalties provided in 
section 584 for each violation unless the owner or individual, by a 
preponderance of the evidence, demonstrates that the owner or 
individual did not know, and by exercising the highest degree of care 
and diligence, could not have known, that a controlled substance was on 
the aircraft.
    (5) If a violation under this subsection is by the owner or 
operator of, or individual commanding, the aircraft, the aircraft is 
subject to a lien for the penalty.
    (c)(1) The Secretary of Agriculture by regulation may apply laws 
and regulations on animal and plant quarantine (including laws and 
regulations on importing, exporting, transporting, and quarantining 
animals, plants, animal and plant products, insects, bacterial and 
fungus cultures, viruses, and serums) to civil air navigation to the 
extent and under conditions the Secretary considers necessary.
    (2) A person violating a law or regulation made applicable under 
paragraph (1) of this subsection is liable for the penalties provided 
under that law or regulation.
    (d) A decision to remit or mitigate a civil penalty under this 
section is final. When libel proceedings are pending during a 
proceeding to remit or mitigate a penalty, the appropriate Secretary 
shall notify the Attorney General of the remission or mitigation 
proceeding.
    (e)(1) An aircraft subject to a lien under this section may be 
seized summarily by and placed in the custody of a person authorized by 
regulations of the appropriate Secretary or the Attorney General. A 
report of the case shall be sent to the Attorney General. The Attorney 
General shall bring promptly a civil action in rem to enforce the lien 
or notify the appropriate Secretary that the action will not be 
brought.
    (2) An aircraft seized under this section shall be released from 
custody when--
        (A) the civil penalty or amount not remitted or mitigated is 
    paid;
        (B) the aircraft is seized under process of a court in a civil 
    action in rem to enforce the lien;
        (C) the Attorney General gives notice that a civil action will 
    not be brought under paragraph (1) of this subsection; or
        (D) a bond is deposited with the appropriate Secretary or the 
    Attorney General in an amount and with a surety the appropriate 
    Secretary or the Attorney General prescribes, conditioned on 
    payment of the penalty or amount not remitted or mitigated.
    (f) A civil penalty under this section may be collected by bringing 
a civil action against the person subject to the penalty, a civil 
action in rem against an aircraft subject to a lien for a penalty, or 
both. The action shall conform as nearly as practicable to a civil 
action in admiralty, regardless of the place an aircraft in a civil 
action in rem is seized. However, a party may demand a trial by jury of 
an issue of fact if the value of the matter in controversy is more than 
$20. An issue of fact tried by jury may be reexamined only under common 
law rules.
    (g) Necessary amounts may be appropriated to allow the head of a 
department, agency, or instrumentality of the Government to acquire 
space at a public airport (as defined in section 47102 of title 49) 
when the head decides the space is necessary to carry out inspections, 
clearance, collection of taxes or duties, or a similar responsibility 
of the head, related to transporting passengers or property in air 
commerce. The head must consult with the Secretary of Transportation 
before making a decision on space.

                     mass transportation exemption

    Sec. 3. Chapter 105 of title 49, United States Code, is amended as 
follows:
        (1) Insert immediately after section 10530 the following new 
    section:

``Sec. 10531. Mass transportation exemption

    ``(a) Definitions.--The definitions in section 5302(a) of this 
title apply to this section.
    ``(b) Petition for Granting Exemptions.--A State or local 
governmental authority may petition the Interstate Commerce Commission 
for an exemption from the jurisdiction of the Commission under this 
subchapter for mass transportation the authority provides or has 
provided to it by contract. Not later than 180 days after the 
Commission receives a petition and after notice and a reasonable 
opportunity for a proceeding, the Commission shall exempt the State, 
local governmental authority, or contractor unless the Commission finds 
that--
        ``(1) the public interest would not be served by an exemption;
        ``(2) the exemption would result in an unreasonable burden on 
    interstate or foreign commerce; or
        ``(3) a State or local governmental authority may not regulate 
    the mass transportation to be exempt under this section.
    ``(c) Application of Other Laws.--All applicable laws of the United 
States related to safety and to representation of employees for 
collective bargaining purposes, retirement, annuities, and unemployment 
systems, and all other laws related to employee-employer relations, 
apply to a State or local governmental authority that was granted, or 
whose contractor was granted, an exemption under this section.
    ``(d) Changing and Revoking Exemptions.--The Commission may change 
or revoke an exemption if it finds that new evidence, material error, 
or changed circumstances exist that materially affect the original 
order. The Commission may act on its own initiative or on application 
of an interested party.''.
        (2) Insert immediately below item 10530 in the analysis of the 
    chapter the following new item:

``10531.  Mass transportation exemption.''.

                         conforming provisions

    Sec. 4. (a) Section 401 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 451) is amended by striking ``Civil Aeronautics Board'' 
and ``Board or Commission'' and substituting ``Secretary of 
Transportation'' and ``Secretary under subpart II of part A of subtitle 
VII of title 49, United States Code, or such Commission,'', 
respectively.
    (b) Title 5, United States Code, is amended as follows:
        (1) In section 5109, add at the end of the section the 
    following new subsection:
    ``(c)(1) The position held by a fully experienced and qualified 
railroad safety inspector of the Department of Transportation shall be 
classified in accordance with this chapter, but not lower than GS-12.
    ``(2) The position held by a railroad safety specialist of the 
Department shall be classified in accordance with this chapter, but not 
lower than GS-13.''.
        (2) In section 5315, strike--
        ``Administrator of the St. Lawrence Seaway Development 
    Corporation.''
        and substitute--
        ``Administrator of the Saint Lawrence Seaway Development 
    Corporation.''.
        (3) In section 8172, strike ``Secretary of the Treasury'' and 
    substitute ``Secretary of Transportation''.
    (c) Section 511(e) of the Motor Vehicle Information and Cost 
Savings Act (15 U.S.C. 2011(e)) is amended to read as follows:
    ``(e) For purposes of this section--
        ``(1) `retrofit device' means any component, equipment, or 
    other device--
            ``(A) which is designed to be installed in or on an 
        automobile (as an addition to, as a replacement for, or through 
        alteration or modification of, any original component, 
        equipment, or other device); and
            ``(B) which any manufacturer, dealer, or distributor of 
        such device represents will provide higher fuel economy than 
        would have resulted with the automobile as originally equipped,
    as determined under rules of the Administrator. Such term also 
    includes a fuel additive for use in an automobile.
        ``(2) the definitions in section 32901(a) of title 49, United 
    States Code, apply.''.
    (d) Section 6001(1) of title 18, United States Code, is amended by 
striking ``the Civil Aeronautics Board,''.
    (e) Chapter 33 of title 28, United States Code, is amended as 
follows:
        (1) Insert immediately after section 537 the following new 
    section:

``Sec. 538. Investigation of aircraft piracy and related violations

    ``The Federal Bureau of Investigation shall investigate any 
violation of section 46314 or chapter 465 of title 49.''.
        (2) In the analysis of chapter 33, insert immediately after 
    item 537 the following new item:
``538.  Investigation of aircraft piracy and related violations.''.

    (f)(1) Title 31, United States Code, is amended as follows:
        (A) In section 309, strike ``section 2A(a)'' and substitute 
    ``section 3(a)''.
        (B) In section 503(b)(9), strike ``perform'' and substitute 
    ``Perform''.
        (C) In the analysis of chapter 7, immediately above item 781, 
    strike--
``Sec.''.

        (D) In section 782, strike ``612a).'' and substitute 
    ``612a)).''.
        (E) In section 1105(a), strike--
        ``(26) a separate''
    and substitute--
        ``(27) a separate''.
        (F) Section 1352 is amended as follows:
            (i) Immediately below subsection (b)(7), strike--
        ``(C)(1) Any''
    and substitute--
        ``(c)(1) Any''.
            (ii) In subsection (e)(1)(C), strike ``appropirated'' and 
        ``law'' and substitute ``appropriated'' and ``law.'', 
        respectively.
            (iii) In subsection (h)(7), strike ``agency'' and 
        ``guaranty'' and substitute ``agency.'' and ``guaranty.'', 
        respectively.
        (G) The analysis of chapter 33 is amended by inserting below 
    item 3333 the following new item:
``3334.  Cancellation and proceeds distribution of Treasury checks.''.

        (H) In section 3302(c)(1), strike the comma at the end and 
    substitute a period.
        (I) In section 3330(d)(1)(B), strike ``Administrator'' and 
    substitute ``Secretary of Veterans Affairs''.
        (J)(i) In section 3512(c)(1), strike ``subsection (a)(3)'' and 
    substitute ``subsection (b)(3)''.
        (ii) In section 3512(d)(1) and (2), strike ``subsection (b)'' 
    wherever it appears and substitute ``subsection (c)''.
        (K) In section 3551(1), strike ``an Federal'' and substitute 
    ``a Federal''.
        (L) In section 3552, strike ``section 111(h)'' and ``(40 U.S.C. 
    759(h))'' and substitute ``section 111(f)'' and ``(40 U.S.C. 
    759(f))'', respectively.
        (M) In section 3718(b)(3)(A), strike ``15 U.S.C. 
    6376(d)(3)(C)(i)'' and substitute ``15 U.S.C. 637(d)(3)(C)(i)''.
        (N) In section 3726(d), strike ``miscellaneous receipt'' and 
    substitute ``miscellaneous receipts''.
        (O) In section 3729(e), strike ``1954'' and substitute 
    ``1986''.
        (P) In section 3730(e)(2)(B), strike ``section paragraphs (1)'' 
    and substitute ``paragraphs (1)''.
        (Q) In section 3801(a)(7)(B)(ii), strike ``section 3803 of such 
    title'' and substitute ``section 3803 of this title''.
        (R) In section 5112(h), strike ``title 31, United States Code'' 
    and substitute ``this title''.
        (S) In section 6101(4)(B), strike ``agency'' and substitute 
    ``agency.''.
        (T) In the catchline of section 6202, strike ``form'' and 
    substitute ``form,''.
        (U)(i) At the end of the analysis of chapter 69, add the 
    following new item:
``6907.  State legislation requiring reallocation or redistribution of 
          payments to smaller units of general purpose government.''.

        (ii) Section 6907 is amended by adding before subsection (a) 
    the following:

``Sec. 6907. State legislation requiring reallocation or redistribution 
            of payments to smaller units of general purpose 
            government''.

        (V) In section 7102(3), strike ``politicial'' and substitute 
    ``political''.
        (W) Section 7502 is amended as follows:
            (i) In subsection (b)(2)(A), strike ``the date of enactment 
        of this chapter'' and substitute ``October 19, 1984''.
            (ii) In subsection (b)(2)(B), strike ``such date'' and 
        substitute ``October 19, 1984''.
            (iii) In subsection (d), strike paragraph (5) and 
        redesignate paragraph (6) as paragraph (5).
            (iv) In subsection (g), strike ``section 3512(b)'' and 
        substitute ``section 3512(c)''.
        (X) In section 7503(a), strike ``To the extend'' and substitute 
    ``To the extent''.
        (Y)(i) Subtitle V is amended by adding at the end of the 
    subtitle the following new chapter:

                    ``CHAPTER 77--LOAN REQUIREMENTS

``Sec.
``7701.  Taxpayer identifying number.

``Sec. 7701. Taxpayer identifying number

    ``(a) In this section--
        ``(1) `included Federal loan program' has the same meaning 
    given that term in section 6103(l)(3)(C) of the Internal Revenue 
    Code of 1986 (26 U.S.C. 6103(l)(3)(C)).
        ``(2) `taxpayer identifying number' means the identifying 
    number required under section 6109 of the Internal Revenue Code of 
    1986 (26 U.S.C. 6109).
    ``(b) The head of an agency administering an included Federal loan 
program shall require a person applying for a loan under the program to 
provide that person's taxpayer identifying number.''.
        (ii) The analysis of subtitle V is amended by adding 
    immediately after item 75 the following new item:

Loan Requirements................................................7701''.

        (Z) In section 9101(2)(K), strike ``The'' and substitute 
    ``the''.
        (AA) In section 9110(e)(1), strike ``subparagraph'' and 
    substitute ``section''.
    (2) Effective December 22, 1987, section 407 of The Judiciary 
Appropriation Act, 1988 (Public Law 100-202, 101 Stat. 1329-26), is 
amended to read as follows:
    ``Sec. 407. Section 1344 of title 31, United States Code, is 
amended as follows:
        ``(1) In subsection (b)--
            ``(A) redesignate clauses (2)-(8) as clauses (3)-(9), 
        respectively;
            ``(B) insert below clause (1) the following:
            ```(2) the Chief Justice and the Associate Justices of the 
        Supreme Court;';
            ``(C) in clause (3)(B), as redesignated by clause (A) of 
        this paragraph, strike `subparagraph (A) of this paragraph' and 
        substitute `subclause (A) of this clause'; and
            ``(D) in the last sentence, strike `paragraph (8)' and 
        substitute `clause (9)'.
        ``(2) In subsection (d)--
            ``(A) in paragraphs (1) and (2), strike `paragraph (8) of 
        subsection (b)' wherever it appears and substitute `subsection 
        (b)(9) of this section';
            ``(B) in paragraph (3), strike `subsections (a)(2), 
        (b)(2)(B), and (b)(8)' and `subsection (b)(8)' and substitute 
        `subsections (a)(2) and (b)(3)(B) and (9)' and `subsection 
        (b)(9)', respectively; and
            ``(C) in paragraph (4), strike `paragraphs (1), (2)(B), and 
        (8) of subsection (b)' and `paragraph (8) of subsection (b), 
        and the expected duration of any authorization under such 
        paragraph' and substitute `subsection (b)(1), (3)(B), and (9) 
        of this section' and `subsection (b)(9), and the expected 
        duration of any authorization under subsection (b)(9)', 
        respectively.
        ``(3) In subsection (e)(1), strike `(b)(8)' and substitute 
    `(b)(9)'.''.
    (3) Effective September 27, 1988, the last sentence of the 
paragraph headed ``PAYMENTS IN LIEU OF TAXES'' in title I of the Act of 
September 27, 1988 (Public Law 100-446, 102 Stat. 1775), is amended to 
read as follows: ``Section 6901(2)(A) of title 31, United States Code, 
is amended by striking `existing in Alaska on October 20, 1976'.''.
    (g) Title 39, United States Code, is amended as follows:
        (1) In section 5007--
            (A) insert the subsection designation ``(a)'' at the 
        beginning of the text of the section; and
            (B) add at the end of the section the following new 
        subsection:
    ``(b)(1) In this subsection, `air carrier' and `aircraft' have the 
same meanings given those terms in section 40102(a) of title 49.
    ``(2) An air carrier engaged in transporting mail shall carry 
without charge on any plane it operates those agents and officers of 
the Postal Service traveling on official business related to 
transporting mail by aircraft, as prescribed by regulations of the 
Secretary of Transportation, on exhibiting credentials.''.
        (2) Amend section 5402 as follows:
            (A) In subsection (a), strike ``section 1302'' and 
        substitute ``section 40101(a)''.
            (B) In subsection (b), strike ``sections 1371(k) and 
        1386(b)'', ``sections 1301-1542'', and ``sections 1371-1386'' 
        and substitute ``sections 40109(a) and (c)-(h) and 42112'', 
        ``part A of subtitle VII'', and ``chapters 411 and 413'', 
        respectively.
            (C) In subsection (d)--
                (i) insert ``determine rates and'' after ``may''; and
                (ii) strike ``and overseas''.
            (D) In subsection (e)--
                (i) strike ```overseas air transportation',''; and
                (ii) strike ``section 101 of the Federal Aviation Act 
            of 1958 (49 U.S.C. 1301)'' and substitute ``section 
            40102(a) of title 49''.
    (h) Section 382 of the Energy Policy and Conservation Act (42 
U.S.C. 6362) is amended as follows:
        (1) Strike subsection (a) and substitute the following:
    ``(a) In this section, `agency' means--
        ``(1) the Department of Transportation with respect to part A 
    of subtitle VII of title 49, United States Code;
        ``(2) the Interstate Commerce Commission;
        ``(3) the Federal Maritime Commission; and
        ``(4) the Federal Power Commission.''.
        (2) In subsection (b), strike ``subsection (a)(1)'' and 
    substitute ``subsection (a)''.
    (i) The Act of April 22, 1908 (45 U.S.C. 51 et seq.), is amended by 
inserting immediately after section 4 the following new section:
    ``Sec. 4A. A regulation, standard, or requirement in force, or 
prescribed by the Secretary of Transportation under chapter 201 of 
title 49, United States Code, or by a State agency that is 
participating in investigative and surveillance activities under 
section 20105 of title 49, is deemed to be a statute under sections 3 
and 4 of this Act.''.
    (j) Title 49, United States Code, is amended as follows:
        (1) In section 102, redesignate subsection (e), as enacted by 
    section 1(b) of the Act of January 12, 1983 (Public Law 97-449, 96 
    Stat. 2414), as subsection (f).
        (2) In section 104(b)(1), strike ``Admininstrator'' and 
    substitute ``Administrator''.
        (3) Amend section 106 as follows:
            (A) In subsection (f), strike ``Secretary shall'' and 
        substitute ``Secretary of Transportation shall''.
            (B) Subsection (g) is amended to read as follows:
    ``(g) Duties and Powers of Administrator.--(1) Except as provided 
in paragraph (2) of this subsection, the Administrator shall carry 
out--
        ``(A) duties and powers of the Secretary of Transportation 
    under subsection (f) of this section related to aviation safety 
    (except those related to transportation, packaging, marking, or 
    description of hazardous material) and stated in sections 308(b), 
    1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 
    40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 
    44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511-44513, 
    44701-44716, 44718(c), 44721(a), 44901, 44902, 44903(a)-(c) and 
    (e), 44906, 44912, 44935-44937, and 44938(a) and (b), chapter 451, 
    sections 45302, 45303, 46104, 46301(d) and (h)(2), 46303(c), 46304-
    46308, 46310, 46311, and 46313-46316, chapter 465, and sections 
    47504(b)(related to flight procedures), 47508(a), and 48107 of this 
    title; and
        ``(B) additional duties and powers prescribed by the 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.''.
            (C) In subsection (k), insert ``to the Secretary of 
        Transportation'' immediately after ``appropriated''.
        (4) In section 108(a)--
            (A) strike--
    ``(a) Except when operating as a service in the Navy, the''
        and substitute--
    ``(a)(1) The''; and
            (B) add at the end of subsection (a) the following new 
        paragraph:
    ``(2) Notwithstanding paragraph (1) of this subsection, the Coast 
Guard, together with the duties and powers of the Coast Guard, shall 
operate as a service in the Navy as provided under section 3 of title 
14.''.
        (5)(A) In section 110(a), strike ``St. Lawrence'' and 
    substitute ``Saint Lawrence''.
        (B) In the analysis of chapter 1, strike--
``110. St. Lawrence Seaway Development Corporation.
``110. Saint Lawrence Seaway Development Corporation.
``111. Bureau of Transportation Statistics.''.

        and substitute--

``110. Saint Lawrence Seaway Development Corporation.
``111. Bureau of Transportation Statistics.''.
        (6)(A) Chapter 3 is amended by inserting immediately after 
    section 303 the following new section:

``Sec. 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.''.
        (B) The analysis of chapter 3 is amended by inserting 
    immediately after item 303 the following new item:
``303a.  Development of water transportation.''.

        (7) Amend section 329 as follows:
            (A) In subsection (b)(1)--
                (i) strike ``title VII of the Federal Aviation Act of 
            1958 (49 U.S.C. 1441 et seq.)'' and substitute ``chapter 11 
            of this title'';
                (ii) strike ``and overseas'' and ``or overseas'' 
            wherever it appears; and
                (iii) strike ``section 419 of the Federal Aviation Act 
            of 1958'' and substitute ``subchapter II of chapter 417 of 
            this title''.
            (B) In subsection (d), strike ``the Federal Aviation Act of 
        1958 (49 App. U.S.C. 1301 et seq.)'' and substitute ``part A of 
        subtitle VII of this title''.
        (8) In section 331(b), strike ``services, supplies, and 
    facilities provided under subsection (a)(1), (2), and (3) of this 
    section'' and substitute ``medical treatment provided under 
    subsection (a)(1) of this section and for supplies and services 
    provided under subsection (a)(2) and (3) of this section''.
        (9)(A) Sections 334 and 335 are repealed.
        (B) Items 334 and 335 in the analysis of chapter 3 are 
    repealed.
        (10)(A) Chapter 3 is amended by adding immediately after 
    section 336 the following:

``Sec. 337. Budget request for the Director of Intelligence and 
            Security

    ``The annual budget the Secretary of Transportation submits shall 
include a specific request for the Office of the Director of 
Intelligence and Security. In deciding on the budget request for the 
Office, the Secretary shall consider recommendations in the annual 
report submitted under section 44938(a) of this title.

                    ``SUBCHAPTER III--MISCELLANEOUS

``Sec. 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 Highway 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.

``Sec. 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 Highway 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.

``Sec. 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.''.
        (B) The analysis of chapter 3 is amended by adding immediately 
    after item 336 the following:

``337.  Budget request for the Director of Intelligence and Security.

                     ``SUBCHAPTER III--MISCELLANEOUS

``351.  Judicial review of actions in carrying out certain transferred 
          duties and powers.
``352.  Authority to carry out certain transferred duties and powers.
``353.  Toxicological testing of officers and employees.''.

        (11)(A) In section 501(a), strike clauses (4)-(9).
        (B) Strike section 508.
        (C) In the analysis of chapter 105, strike the item related to 
    section 508.
        (D) In section 521(b)(2)(A), strike ``section 508'' and 
    substitute ``chapter 59''.
        (12) In sections 502(e)(2) and 10321(d)(3), insert ``judge'' 
    after ``United States magistrate''.
        (13) Section 10362(b)(5) is amended to read as follows:
        ``(5) prescribe regulations that contain standards for the 
    computation of subsidies for rail passenger transportation (except 
    passenger transportation compensation disputes subject to the 
    jurisdiction of the Commission under sections 24308(a) and 
    24903(c)(2) of this title) that are consistent with the 
    compensation principles described in the final system plan 
    established under the Regional Rail Reorganization Act of 1973 (45 
    U.S.C. 701 et seq.) and that avoid cross-subsidization among 
    commuter, intercity, and freight rail transportation;''.
        (14) In sections 10363(c) and 10383(c), strike ``rate for GS-
    18'' and substitute ``maximum rate payable under section 5376 of 
    title 5''.
        (15) In section 10501(d)--
            (A) strike ``procedures of this title'' and substitute 
        ``procedures of this subtitle''; and
            (B) strike ``provided in this title'' and substitute 
        ``provided in this subtitle''.
        (16) In section 10504--
            (A) strike ``local public body'' wherever it appears and 
        substitute ``local governmental authority'';
            (B) strike ``rail mass transportation'' wherever it appears 
        and substitute ``mass transportation'';
            (C) in subsection (a)(1)(A), strike ``section 1608(c)(2)'' 
        and substitute ``section 5302(a)''; and
            (D) in subsection (a)(2), strike ``section 1608(c)(5)'' and 
        substitute ``section 5302(a)''.
        (17) In section 10526(a)--
            (A) in clause (8)(B), strike ``Civil Aeronautics Board or 
        its successor agency'' and substitute ``Secretary of 
        Transportation'';
            (B) in clause (10), strike ``work.'' and substitute 
        ``work;'';
            (C) in clause (13), strike ``or''; and
            (D) in clause (14), strike ``title.'' and substitute 
        ``title; or''.
        (18) In section 10530(i)(3), strike ``notifed'' and substitute 
    ``notified''.
        (19) In section 10701a(b)(3), strike ``policy of this title'' 
    and substitute ``policy of this subtitle''.
        (20) In section 10705a(g)(3)--
            (A) before clause (A), strike ``provision of this title'' 
        and substitute ``provision of this subtitle''; and
            (B) in clause (A), strike ``service over any rate'' and 
        substitute ``service over any route''.
        (21) In section 10707(d)--
            (A) in paragraph (2), strike ``under this title'' and 
        substitute ``under this subtitle''; and
            (B) in paragraph (3), strike ``title'' wherever it appears 
        and substitute ``subtitle''.
        (22) In section 10707a(b)(1), strike ``paragraph (2)'' and 
    substitute ``paragraph (3)''.
        (23) In section 10731(e), strike ``provision of this title'' 
    and substitute ``provision of this subtitle''.
        (24) In section 10749(b)(2), strike ``Civil Aeronautics Board 
    under the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et 
    seq.)'' and substitute ``Secretary of Transportation under part A 
    of subtitle VII of this title''.
        (25) In section 10751(b), strike ``purposes of this title'' and 
    substitute ``purposes of this subtitle''.
        (26) In section 10905(d)(1) and (e), strike ``government 
    authority'' and substitute ``governmental authority''.
        (27) In section 10910--
            (A) in subsection (a)(1), strike ``government authority'' 
        and substitute ``governmental authority''; and
            (B) in subsection (g)(1), strike ``provisions of this 
        title'' and substitute ``provisions of this subtitle''.
        (28) In section 10924(e), insert ``of'' after ``protection''.
        (29) In the analysis of chapter 111--
            (A) in item 11128, strike ``Water'' and substitute ``War''; 
        and
            (B) in item 11142, strike ``systems'' and substitute 
        ``system''.
        (30) In section 11162(a), strike ``proceedings under this 
    title'' and substitute ``proceedings under this subtitle''.
        (31) In section 11163, strike ``purposes of this title'' and 
    substitute ``purposes of this subtitle''.
        (32) In section 11166(a), strike ``pursuant to this title'' and 
    substitute ``under this subtitle''.
        (33) In section 11167, strike ``under this title'' and 
    substitute ``under this subtitle''.
        (34) In section 11501(b)(3)(A), strike ``title'' and substitute 
    ``subtitle''.
        (35) In section 11909(b), strike ``1966,,'' and substitute 
    ``1966,''.
    (k) Effective January 1, 1999, the following sections of title 49, 
United States Code, as enacted by section 1 of this Act, are amended as 
follows:
            (1) In sections 41107, 41901(b)(1), 41902(a), and 41903, 
        strike ``transportation or between places in Alaska'' wherever 
        it appears and substitute ``transportation''.
            (2) Strike section 41901(g).
            (3) In section 41902(b)--
                (A) strike clause (3); and
                (B) in clause (4), strike ``clauses (1)-(3)'' and 
            substitute ``clauses (1) and (2)''.
    (l) The Act of June 29, 1940 (ch. 444, 54 Stat. 686), is amended as 
follows:
        (1) Except as provided in paragraphs (2) and (3) of this 
    subsection, strike ``Administrator'' wherever it appears and 
    substitute ``Secretary''.
        (2) In subsection (a) of the first section, strike 
    ```Administrator' means the Administrator of the Federal Aviation 
    Agency'' and substitute ```Secretary' means the Secretary of 
    Transportation''.
        (3) In section 4(a), strike ``Administrator, and any Federal 
    Aviation Agency'' and substitute ``Secretary, and any Department of 
    Transportation''.
        (4) In section 6, strike ``United States commissioner'' 
    wherever it appears and substitute ``United States magistrate 
    judge''.
    (m) The Act of September 7, 1950 (ch. 905, 64 Stat. 770), is 
amended as follows:
        (1) Except as provided in paragraph (2) of this subsection, 
    strike ``Administrator'' wherever it appears and substitute 
    ``Secretary''.
        (2) In the first section, strike ``Administrator of the Federal 
    Aviation Agency'' and ```Administrator''' and substitute 
    ``Secretary of Transportation'' and ```Secretary''', respectively.
        (3) In sections 4 and 8(a), strike ``Federal Aviation Agency'' 
    and substitute ``Department of Transportation''.
        (4) In section 8(d), strike ``United States Commissioner'' 
    wherever it appears and substitute ``United States magistrate 
    judge''.
    (n) Section 101(1st complete par. on p. 646) of the Act of August 
30, 1964 (Public Law 88-507, 78 Stat. 646), is amended by striking 
``Administrator of the Federal Aviation Agency'' and substituting 
``Secretary of Transportation''.
    (o) Section 9111 of the Anti-Drug Abuse Act of 1988 (Public Law 
100-690, 102 Stat. 4531) is amended as follows:
        (1) In the introductory language of subsection (b)(1), strike 
    ``Subsection (b) of section 10530 of such title is amended by 
    striking out paragraph (1) and inserting in lieu thereof the 
    following new paragraph:'' and substitute ``Subsection (b)(1) of 
    section 10530 of title 49 is amended to read as follows:''.
        (2) In subsection (b)(2), strike ``Such subsection'' and 
    substitute ``Subsection (b) of section 10530''.
        (3) In the introductory language of subsection (f)(1), strike 
    ``Subsection (g) of such section is amended by striking out 
    paragraph (1) and inserting in lieu thereof the following:'' and 
    substitute ``Subsection (g)(1) of section 10530 of title 49 is 
    amended to read as follows:''.
        (4) In subsection (f)(2), strike ``Such subsection'' and 
    substitute ``Subsection (g) of section 10530''.
    (p) Section 4007(e) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 2153) is amended 
by inserting ``and section 31307 of title 49, United States Code'' 
immediately after ``this section''.
    (q) The revision of regulations, referred to in section 
32705(b)(2)(A) of title 49, United States Code, as enacted by section 1 
of this Act, that is required by section 7 of the Independent Safety 
Board Act Amendments of 1990 (Public Law 101-641, 104 Stat. 4657) shall 
be prescribed not later than May 28, 1991.
    (r) Section 165 of the Surface Transportation Assistance Act of 
1982 (Public Law 97-424, 96 Stat. 2136) is amended as follows:
        (1) In subsections (a) and (d), strike ``the Urban Mass 
    Transportation Act of 1964,''.
        (2) In subsection (b)--
            (A) after the semicolon at the end of clause (2), add 
        ``or''; and
            (B) strike clause (3).
    (s) Effective on the date the regulations required under section 
60101(b) of title 49, United States Code, as enacted by section 1 of 
this Act, are effective, section 60101(a)(21) and (22) of title 49, as 
enacted by section 1, is amended to read as follows:
        ``(21) `transporting gas'--
            ``(A) means--
                ``(i) the gathering, transmission, or distribution of 
            gas by pipeline, or the storage of gas, in interstate or 
            foreign commerce; and
                ``(ii) the movement of gas through regulated gathering 
            lines; but
            ``(B) does not include gathering gas (except through 
        regulated gathering lines) in a rural area outside a populated 
        area designated by the Secretary as a nonrural area.
        ``(22) `transporting hazardous liquid'--
            ``(A) means--
                ``(i) the movement of hazardous liquid by pipeline, or 
            the storage of hazardous liquid incidental to the movement 
            of hazardous liquid by pipeline, in or affecting interstate 
            or foreign commerce; and
                ``(ii) the movement of hazardous liquid through 
            regulated gathering lines; but
            ``(B) does not include moving hazardous liquid through--
                ``(i) gathering lines (except regulated gathering 
            lines) in a rural area;
                ``(ii) onshore production, refining, or manufacturing 
            facilities; or
                ``(iii) storage or in-plant piping systems associated 
            with onshore production, refining, or manufacturing 
            facilities.''.
    (t)(1) Not later than March 3, 1995, the Secretary of 
Transportation shall complete a regulatory proceeding to consider 
prescribing regulations to improve the safety and working conditions of 
locomotive cabs. The proceeding shall assess--
        (A) the adequacy of Locomotive Crashworthiness Requirements 
    Standard S-580, or any successor standard, adopted by the 
    Association of American Railroads in 1989 in improving the safety 
    of locomotive cabs; and
        (B) the extent to which environmental, sanitary, and other 
    working conditions in locomotive cabs affect productivity, health, 
    and the safe operation of locomotives.
    (2) Supporting Research and Analysis.--In support of the proceeding 
required under paragraph (1) of this subsection, the Secretary shall 
conduct research and analysis, including computer modeling and full-
scale crash testing, as appropriate, to consider--
        (A) the costs and benefits associated with equipping 
    locomotives with--
            (i) braced collision posts;
            (ii) rollover protection devices;
            (iii) deflection plates;
            (iv) shatterproof windows;
            (v) readily accessible crash refuges;
            (vi) uniform sill heights;
            (vii) anticlimbers, or other equipment designed to prevent 
        overrides resulting from head-on locomotive collisions;
            (viii) equipment to deter post-collision entry of flammable 
        liquids into locomotive cabs;
            (ix) any other devices intended to provide crash protection 
        for occupants of locomotive cabs; and
            (x) functioning and regularly maintained sanitary 
        facilities; and
        (B) the effects on train crews of the presence of asbestos in 
    locomotive components.
    (3) Report.--If, on the basis of the proceeding required under 
paragraph (1) of this subsection, the Secretary decides not to 
prescribe regulations, the Secretary shall report to Congress on the 
reasons for that decision.
    (u) Not later than April 25, 1993, the Attorney General shall 
prescribe the regulations required under section 33110(c) of title 49, 
United States Code, as enacted by section 1 of this Act. Section 
33110(b) of title 49 is effective not later than 3 months after those 
regulations are prescribed but not before the date on which the 
National Stolen Passenger Motor Vehicle Information System established 
under section 33109 of title 49 is operational.
    (v) Section 33111 of title 49, United States Code, as enacted by 
section 1 of this Act, is effective on the date on which the National 
Stolen Passenger Motor Vehicle Information System is established under 
section 33109 of title 49.

                      conforming cross-references

    Sec. 5. (a) Sections 551(1)(H) and 701(b)(1)(H) of title 5, United 
States Code, are amended by striking ``or sections 1622,'' and 
substituting ``subchapter II of chapter 471 of title 49; or sections''.
    (b) Title 10, United States Code, is amended as follows:
        (1) In section 2640--
            (A) in subsections (a)(1)(A) and (d)(1)(B)(i), strike 
        ``title VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 
        1421 et seq.)'' and substitute ``chapter 447 of title 49''; and
            (B) in subsection (i), strike ``sections 101(3), 101(5), 
        101(10), and 101(15), respectively, of the Federal Aviation Act 
        of 1958 (49 U.S.C. App. 1301(3), 1301(5), 1301(10), and 
        1301(15))'' and substitute ``section 40102(a) of title 49''.
        (2) In section 9511(1), strike ``section 101 of the Federal 
    Aviation Act of 1958 (49 U.S.C. 1301)'' and substitute ``section 
    40102(a) of title 49''.
        (3) In section 9512(b)(4), strike ``section 501 of the Federal 
    Aviation Act of 1958 (49 U.S.C. App. 1401)'' and substitute 
    ``section 44103 of title 49''.
    (c) Section 1110(a) of title 11, United States Code, is amended by 
striking ``section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 
1301)'', ``subsection B(4) of the Ship Mortgage Act, 1920 (46 U.S.C. 
911(4))'', and ``Civil Aeronautics Board'' and substituting ``section 
40102(a) of title 49'', ``section 30101 of title 46'', and ``Secretary 
of Transportation'', respectively.
    (d) The last sentence of section 82 of title 14, United States 
Code, is amended to read as follows: ``Nothing in this title shall be 
deemed to limit the authority granted by chapter 167 of title 10 or 
part A of subtitle VII of title 49.''.
    (e) Title 18, United States Code, is amended as follows:
        (1) In section 31, strike ``the Federal Aviation Act of 1958, 
    as amended'' and substitute ``sections 40102(a) and 46501 of title 
    49''.
        (2) In the last sentence of sections 112(e), 878(d), 1116(c), 
    and 1201(e), strike ``section'' and all that follows and substitute 
    ``section 46501(2) of title 49.''.
        (3) In section 511(c)--
            (A) in clause (1), strike ``the National Traffic and Motor 
        Vehicle Safety Act of 1966, or the Motor Vehicle Information 
        and Cost Savings Act'' and substitute ``chapter 301 and part C 
        of subtitle VI of title 49''; and
            (B) in clause (2), strike ``section 2 of the Motor Vehicle 
        Information and Cost Savings Act'' and substitute ``section 
        32101 of title 49''.
        (4) In section 512(a)(2)(A), strike ``the National Traffic and 
    Motor Vehicle Safety Act of 1966'' and substitute ``chapter 301 of 
    title 49''.
        (5) In section 553(c)--
            (A) in clause (1), strike ``section 2 of the Motor Vehicle 
        Information and Cost Savings Act'' and substitute ``section 
        32101 of title 49''; and
            (B) in clause (4), strike ``section 101 of the Federal 
        Aviation Act of 1958 (49 U.S.C. App. 1301)'' and substitute 
        ``section 40102(a) of title 49''.
        (6) In section 831(c)(1), strike ``section 101 of the Federal 
    Aviation Act of 1958 (49 U.S.C. 1301)'' and substitute ``section 
    46501 of title 49''.
        (7) In section 844(g)(2)(B), strike ``the Hazardous Materials 
    Transportation Act (49 App. U.S.C. 1801, et seq.)'' and substitute 
    ``chapter 51 of title 49''.
        (8) In section 1201(a)(3), strike ``section'' and all that 
    follows and substitute ``section 46501 of title 49;''.
        (9) In section 1366(c), strike ``interstate transmission 
    facilities, as defined in section 2 of the Natural Gas Pipeline 
    Safety Act of 1968'' and substitute ``an interstate gas pipeline 
    facility as defined in section 60101 of title 49''.
        (10) In section 2318(c)(1), strike ``section 101 of the Federal 
    Aviation Act of 1958'' and substitute ``section 46501 of title 
    49''.
        (11) In section 2516(1)(j), strike ``section'' and all that 
    follows and substitute ``section 60123(b) (relating to destruction 
    of a natural gas pipeline) or 46502 (relating to aircraft piracy) 
    of title 49;''.
        (12) In section 3663(a)(1), strike ``under subsection (h), (i), 
    (j), or (n) of section 902 of the Federal Aviation Act of 1958 (49 
    U.S.C. 1472)'' and substitute ``section 46312, 46502, or 46504 of 
    title 49''.
    (f) Title 23, United State Code, is amended as follows:
        (1) In section 103(e)(4)(L)--
            (A) in clause (i), strike ``the Urban Mass Transportation 
        Act of 1964'' and substitute ``chapter 53 of title 49''; and
            (B) in clause (ii), strike ``section 3(e)(4) of the Urban 
        Mass Transportation Act of 1964'' and substitute ``section 
        5323(a)(1)(D) of title 49''.
        (2) In section 142--
            (A) in subsection (a)(2), strike ``the Federal Transit 
        Act'' and substitute ``chapter 53 of title 49'';
            (B) in subsection (h), strike ``the Urban Mass 
        Transportation Act of 1964, as amended'' and substitute 
        ``chapter 53 of title 49''; and
            (C) in subsection (i), strike ``section 3(e)(4) of the 
        Urban Mass Transportation Act of 1964, as amended,'' and 
        substitute ``section 5323(a)(1)(D) of title 49''.
        (3) In section 157(a)(2) and (3)(A), strike ``section 404 of 
    the Surface Transportation Assistance Act of 1982'' and substitute 
    ``section 31104 of title 49''.
    (g) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) is 
amended as follows:
        (1) In section 4064(b)(1)(B), strike ``section 501 of the Motor 
    Vehicle Information and Cost Savings Act (15 U.S.C. 2001)'' and 
    substitute ``section 32901 of title 49, United States Code,''.
        (2) In section 4261(e) and (f)(2), strike ``the Airport and 
    Airway Improvement Act of 1982'' and substitute ``section 44509 or 
    44913(b) or subchapter I of chapter 471 of title 49, United States 
    Code,''.
        (3) In section 9502(d)(1)(B), strike ``the Federal Aviation Act 
    of 1958, as amended (49 U.S.C. 1301 et seq.),'' and substitute 
    ``part A of subtitle VII of title 49, United States Code,''.
    (h) Section 2342(7) of title 28, United States Code, is amended by 
striking ``section 202(f) of the Federal Railroad Safety Act of 1970'' 
and substituting ``section 20114(c) of title 49''.
    (i) Title 31, United States Code, is amended as follows:
        (1) In section 3711(c)(2), strike ``section 6 of the Act of 
    March 2, 1893 (45 U.S.C. 6), section 4 of the Act of April 14, 1910 
    (45 U.S.C. 13), section 9 of the Act of February 17, 1911 (45 
    U.S.C. 34), and section 25(h) of the Interstate Commerce Act (49 
    App. U.S.C. 26(h))'' and substitute ``section 21302 of title 49 for 
    a violation of chapter 203, 205, or 207 of title 49 or a regulation 
    or requirement prescribed or order issued under any of those 
    chapters''.
        (2) In section 3726(b)(1), strike ``the Federal Aviation Act of 
    1958'' and substitute ``section 40102(a) of title 49''.
    (j) Section 210(a)(4) of title 35, United States Code, is amended 
by striking ``section 106(c) of the National Traffic and Motor Vehicle 
Safety Act of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)'' and substituting 
``section 30168(e) of title 49''.
    (k) Title 39, United States Code, is amended as follows:
        (1) In section 3401(b) and (c), strike ``section 1376'' and 
    substitute ``section 41901''.
        (2) In section 5005(b)(3), strike ``section 101 of the Federal 
    Aviation Act of 1958'' and substitute ``section 40102(a) of title 
    49''.
        (3) In section 5401(b), strike ``sections 1301-1542'' and 
    substitute ``part A of subtitle VII''.
    (l) Section 2101(14)(C) of title 46, United States Code, is amended 
by striking ``section 104 of the Hazardous Materials Transportation Act 
(49 App. U.S.C. 1803)'' and substituting ``section 5103(a) of title 
49''.
    (m) Title 49, United States Code, is amended as follows:
        (1) In section 103(c)(1), strike ``section 6(e)(1), (2), and 
    (6)(A) of the Department of Transportation Act (49 App. U.S.C. 
    1655(e)(1), (2), and (6)(A))'' and substitute ``section 20134(c) 
    and chapters 203-211 of this title, and chapter 213 of this title 
    in carrying out chapters 203-211''.
        (2) In section 104(c)(2), strike ``31'' and substitute ``315''.
        (3) In section 105(d), strike ``the National Traffic and Motor 
    Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)'' and 
    substitute ``chapter 301 of this title''.
        (4) In section 106--
            (A) in subsection (h), strike ``Section 103 of the Federal 
        Aviation Act of 1958 (49 App. U.S.C. 1303)'' and substitute 
        ``Section 40101(d) of this title''; and
            (B) in subsection (j), strike ``section 312(e) of the 
        Federal Aviation Act of 1958'' and substitute ``section 44507 
        of this title''.
        (5) In section 109(a) and (b), insert ``App.'' immediately 
    after ``(46''.
        (6) In section 302(b), strike ``Subtitle I and chapter 31 of 
    subtitle II of this title and the Department of Transportation Act 
    (49 App. U.S.C. 1651 et seq.)'' and substitute ``This subtitle and 
    chapters 221 and 315 of this title''.
        (7) In section 306(b), strike ``section 332 or 333 of this 
    title, section 211 or 216 of the Regional Rail Reorganization Act 
    of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad 
    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 App. U.S.C. 1653(i), 1654)'' and substitute 
    ``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.)''.
        (8) In section 321, strike ``section 101(2), (4), and (8) of 
    the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), 
    (8))'' and substitute ``section 40102(a) of this title''.
        (9) In section 501--
            (A) in subsection (a)(2), strike ``section 3101'' and 
        substitute ``section 31501'';
            (B) in subsection (a)(3), strike ``section 3102(c)'' and 
        substitute ``section 31502(c)''; and
            (C) strike subsection (b) and substitute the following:
    ``(b) Application.--This chapter only applies in carrying out 
sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 
20303 and chapters 205 (except section 20504(b)), 211, 213 (in carrying 
out those sections and chapters), and 315 of this title.''.
        (10) In section 507(c), strike ``section 3102 of this title or 
    the Motor Carrier Safety Act of 1984'' and ``such section or Act'' 
    and substitute ``subchapter III of chapter 311 (except sections 
    31138 and 31139) or section 31502 of this title'' and ``any of 
    those provisions'', respectively.
        (11) In section 521(b)--
            (A) in paragraph (1)(A), strike ``section 3102 of this 
        title or the Motor Carrier Safety Act of 1984 or section 12002, 
        12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor 
        Vehicle Safety Act of 1986'' and ``such sections or Act'' and 
        substitute ``a provision of subchapter III of chapter 311 
        (except sections 31138 and 31139) or section 31302, 31303, 
        31304, 31305(b), 31310(g)(1)(A), or 31502 of this title'' and 
        ``any of those provisions'', respectively;
            (B) in paragraph (2)(A), strike ``pursuant to section 3102 
        of this title or the Motor Carrier Safety Act of 1984'' and 
        substitute ``under subchapter III of chapter 311 (except 
        sections 31138 and 31139) or section 31502 of this title'';
            (C) in paragraph (2)(B), strike ``section 12002, 12003, 
        12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle 
        Safety Act of 1986'' and substitute ``section 31302, 31303, 
        31304, 31305(b), or 31310(g)(1)(A) of this title'';
            (D) in paragraph (3), strike ``section 3102 of this title 
        or the Motor Carrier Safety Act of 1984 or section 12002, 
        12003, 12004, or 12005(b) of the Commercial Motor Vehicle 
        Safety Act of 1986'' and substitute ``subchapter III of chapter 
        311 (except sections 31138 and 31139) or section 31302, 31303, 
        31304, 31305(b), or 31502 of this title'';
            (E) in paragraph (5)(A), strike ``section 3102 of this 
        title or the Motor Carrier Safety Act of 1984 or section 12002, 
        12003, 12004, or 12005(b) of the Commercial Motor Vehicle 
        Safety Act of 1986'' and ``such sections or Act'' and 
        substitute ``a provision of subchapter III of chapter 311 
        (except sections 31138 and 31139) or section 31302, 31303, 
        31304, 31305(b), or 31502 of this title'' and ``any of those 
        provisions'', respectively;
            (F) in paragraph (6)(A), strike ``section 3102 of this 
        title, the Motor Carrier Safety Act of 1984'', ``such section 
        or Act'', and ``liable'' and substitute ``subchapter III of 
        chapter 311 (except sections 31138 and 31139) or section 31502 
        of this title'', ``any of those provisions'', and ``subject'', 
        respectively;
            (G) in paragraph (6)(B)(i), strike ``section 12002, 
        12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the 
        Commercial Motor Vehicle Safety Act of 1986'' and substitute 
        ``section 31302, 31303(b) or (c), 31304, 31305(b), or 
        31310(g)(1)(A) of this title'';
            (H) in paragraph (6)(B)(ii), strike ``section 12019 of such 
        Act'', ``section 12003(a) of such Act'', and ``such section 
        12003(a)'' and substitute ``section 31301 of this title'', 
        ``section 31303(a) of this title'', and ``section 31303(a)'', 
        respectively;
            (I) in paragraph (12), strike ``any provision of the 
        Hazardous Materials Transportation Act (49 U.S.C. App. 1801-
        1812)'' and ``such Act'' and substitute ``chapter 51 of this 
        title'' and ``chapter 51'', respectively; and
            (J) in paragraph (13), strike ``section 204 of the Motor 
        Carrier Safety Act of 1984'' and substitute ``section 31132 of 
        this title''.
        (12) In section 526, strike ``this chapter, section 3102 of 
    this title, or the Motor Carrier Safety Act of 1984, a person that 
    knowingly and willfully violates a provision of this chapter or 
    such section or Act, or a regulation or order of the Secretary of 
    Transportation under this chapter or such section or Act'' and 
    substitute ``a provision of this chapter, subchapter III of chapter 
    311 (except sections 31138 and 31139), or section 31502 of this 
    title, a person that knowingly and willfully violates any of those 
    provisions or a regulation or order of the Secretary of 
    Transportation under any of those provisions''.
        (13) In section 10102(9), strike ``the Federal Aviation Act of 
    1958'' and substitute ``part A of subtitle VII of this title''.
        (14) In section 10322(a), strike ``subtitle'' wherever it 
    appears and substitute ``title''.
        (15) In sections 10364(a) and 10385(a), strike ``section 5 of 
    title 41'' and substitute ``section 3709 of the Revised Statutes 
    (41 U.S.C. 5)''.
        (16) In sections 10527(a), strike ``subchapter'' and substitute 
    ``title''.
        (17) In section 10528, strike ``subchapter'' and ``subtitle'' 
    wherever either word appears and substitute ``title''.
        (18) In section 10529(a), strike ``(12 U.S.C. 1141j(a))'' and 
    substitute ``(12 U.S.C. 1141j(a)))''.
        (19) In sections 10542(a)(2) and 10544(d)(1)(B), insert 
    ``App.'' immediately after ``(46'' wherever it appears.
        (20) In section 10561(b)(1), strike ``chapter 20'' and 
    substitute ``part A of subtitle VII''.
        (21) In section 10703(a)(4)--
            (A) in paragraph (D)(ii), insert ``App.'' immediately after 
        ``(46'' wherever it appears; and
            (B) in paragraph (E), strike ``(46 U.S.C. 801 et seq.)'' 
        and ``(46 U.S.C. 843-848)'' and substitute ``(46 App. U.S.C. 
        801 et seq.)'' and ``(46 App. U.S.C. 843 et seq.)'', 
        respectively.
        (22) In section 10721(a)(1), strike ``Section 5 of title 41'' 
    and substitute ``Section 3709 of the Revised Statutes (41 U.S.C. 
    5)''.
        (23) In section 10735(b)(1), strike ``under this title'' and 
    substitute ``under this subtitle''.
        (24) In section 10903(b)(2), strike ``section 11347 of this 
    title and section 405(b) of the Rail Passenger Service Act (45 
    U.S.C. 565(b))'' and substitute ``sections 11347 and 24706(c) of 
    this title''.
        (25) In section 10922--
            (A) in subsection (c)(1)(E), strike ``provisions of section 
        12(f) of the Urban Mass Transportation Act of 1964'' and 
        substitute ``section 10531 of this title'';
            (B) in subsection (c)(2)(D), strike ``subtitle'' wherever 
        it appears and substitute ``title'';
            (C) in subsection (c)(4)(C) and (j)(1), strike 
        ``subchapter'' wherever it appears and substitute ``title''; 
        and
            (D) in subsection (j)(2)(C), strike ``subtitle'' and 
        substitute ``title''.
        (26) In section 10927(a)(1), insert ``section'' before 
    ``10923''.
        (27) In section 10935(a) and (e)(3), strike ``subchapter'' and 
    substitute ``title''.
        (28) In section 11125(b)(2)(A), strike ``the Federal Railroad 
    Safety Act of 1970 (45 U.S.C. 431 et seq.)'' and substitute 
    ``chapter 201 of this title''.
        (29) In section 11126(a), strike ``11501(c)'' and substitute 
    ``11501(f)''.
        (30) In section 11303(a), strike ``the Ship Mortgage Act, 
    1920'' wherever it appears and substitute ``chapter 313 of title 
    46''.
        (31) In section 11347, strike ``section 405 of the Rail 
    Passenger Service Act (45 U.S.C. 565)'' and substitute ``sections 
    24307(c), 24312, and 24706(c) of this title''.
        (32) In section 11348(a), strike ``section 504(f),'' and 
    substitute ``sections 504(f) and''.
        (33) In section 11504(b)(2), strike ``section 204 of the Motor 
    Carrier Safety Act of 1984 (49 App. U.S.C. 2503)'' and substitute 
    ``section 31132 of this title''.
        (34) In section 11701(a), strike ``section 10530 of this 
    subtitle'' and substitute ``section 10530 of this title''.

                  legislative purpose and construction

    Sec. 6. (a) Sections 1-4 of this Act restate, without substantive 
change, laws enacted before July 1, 1993, that were replaced by those 
sections. Those sections may not be construed as making a substantive 
change in the laws replaced. Laws enacted after June 30, 1993, that are 
inconsistent with this Act supersede this Act to the extent of the 
inconsistency.
    (b) A reference to a law replaced by sections 1-4 of this Act, 
including a reference in a regulation, order, or other law, is deemed 
to refer to the corresponding provision enacted by this Act.
    (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.

                                repeals

    Sec. 7. (a) The repeal of a law by this Act may not be construed as 
a legislative implication that the provision was or was not in effect 
before its repeal.
    (b) The laws specified in the following schedule are repealed, 
except for rights and duties that matured, penalties that were 
incurred, and proceedings that were begun before the date of enactment 
of this Act:


                                            Schedule of Laws Repealed                                           
                                                Statutes at Large                                               
----------------------------------------------------------------------------------------------------------------
                                                                    Statutes at Large            U.S. Code      
        Date          Chapter or Public         Section       --------------------------------------------------
                             Law                               Volume         Page         Title      Section   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        1864                                                                                                    
July 2               216................  15.................      13  362...............    45               83
                                                                                                                
        1873                                                                                                    
Mar. 3               226................  2(words after 2d         17  508...............  .....  ..............
                                           semicolon).                                                          
                                                                                                                
        1874                                                                                                    
June 20              331................  ...................      18  111...............    45               83
June 22              414................  ...................      18  200...............    45               89
                                                                                                                
        1879                                                                                                    
Mar. 3               183................  1(4th par. on p.         20  420...............    45               90
                                           420).                                                                
                                                                                                                
        1887                                                                                                    
Feb. 4               104................  25.................      24  379...............    49               26
                                                                                           App.                 
Mar. 3               345................  ...................      24  488...............    45           94, 95
                                                                                                                
        1893                                                                                                    
Mar. 2               196................  ...................      27  531...............    45              1-7
                                                                                                                
        1896                                                                                                    
Apr. 1               87.................  ...................      29  85................    45                6
                                                                                                                
        1897                                                                                                    
Mar. 3               386................  (proviso under           29  663...............    45               91
                                           heading                                                              
                                           ``Transportation                                                     
                                           and Recruiting,                                                      
                                           Marine Corps'').                                                     
                                                                                                                
        1901                                                                                                    
Mar. 3               831................  (last proviso of         31  1023..............    45               92
                                           last par. under                                                      
                                           heading ``Pay                                                        
                                           Department'').                                                       
                                                                                                                
        1903                                                                                                    
Mar. 2               976................  ...................      32  943...............    45               10
                                                                                                                
        1905                                                                                                    
Feb. 23              744................  ...................      33  743...............    49        1201-1203
                                                                                           App.                 
                                                                                                                
        1906                                                                                                    
June 29              3594...............  ...................      34  607...............    45            71-74
June 30              P.R. 46............  ...................      34  838...............    45               35
                                                                                                                
        1907                                                                                                    
Mar. 4               2939...............  ...................      34  1415..............    45           61-64b
                                                                                                                
        1908                                                                                                    
May 27               200................  1(6th par. last          35  325...............    45           36, 37
                                           sentence under                                                       
                                           heading                                                              
                                           ``Interstate                                                         
                                           Commerce                                                             
                                           Commission'', 1st                                                    
                                           complete par. on                                                     
                                           p. 325).                                                             
                                                                                                                
        1909                                                                                                    
Mar. 4               299................  1(6th par. last          35  965...............    45               37
                                           sentence under                                                       
                                           heading                                                              
                                           ``Interstate                                                         
                                           Commerce                                                             
                                           Commission'').                                                       
                                                                                                                
        1910                                                                                                    
Apr. 14              160................  ...................      36  298...............    45            11-16
May 6                208................  ...................      36  350...............    45            38-43
                                                                                                                
        1911                                                                                                    
Feb. 17              103................  ...................      36  913...............    45     22-29, 31-34
                                                                                                                
        1915                                                                                                    
Mar. 4               169................  ...................      38  1192..............    45           23, 30
                                                                                                                
        1916                                                                                                    
May 4                109................  ...................      39  61................    45               63
Aug. 29              415................  ...................      39  538...............    49           81-124
                                                                                           App.                 
                                                                                                                
        1920                                                                                                    
Feb. 28              91.................  441, 500...........      41  498, 499..........    49          26, 142
                                                                                           App.                 
                                                                                                                
        1921                                                                                                    
Mar. 4               161................  1(last proviso in        41  1392..............    49              141
                                           par. under heading                              App.                 
                                           ``Transportation                                                     
                                           Facilities on                                                        
                                           Inland and Coastal                                                   
                                           Waterways'').                                                        
Dec. 15              1..................  1(last par. under        42  328...............    45              126
                                           heading ``Board of                                                   
                                           Mediation and                                                        
                                           Conciliation'').                                                     
                                                                                                                
        1924                                                                                                    
June 7               355................  ...................      43  659...............    45   22, 23, 25, 27
                                                                                                                
        1927                                                                                                    
Mar. 4               510................  ...................      44  1446..............    49              102
                                                                                           App.                 
                                                                                                                
        1929                                                                                                    
Feb. 28              369................  ...................      45  1404..............    49              173
                                                                                           App.                 
                                                                                                                
        1931                                                                                                    
Feb. 14              189................  ...................      46  1162..............    49              231
                                                                                           App.                 
                                                                                                                
        1934                                                                                                    
June 13              498................  ...................      48  954...............    49              264
                                                                                           App.                 
June 19              654................  ...................      48  1113..............    49   171-173a, 175,
                                                                                           App.          179-184
                     656................  2..................      48  1116..............    49              181
                                                                                           App.                 
                                                                                                                
        1935                                                                                                    
Aug. 7               455................  ...................      49  540...............    49              231
                                                                                           App.                 
                                                                                                                
        1937                                                                                                    
Aug. 26              818................  ...................      50  835...............    49               26
                                                                                           App.                 
                                                                                                                
        1939                                                                                                    
June 27              244................  ...................      53  855...............    49          751-757
                                                                                           App.                 
Aug. 9               618................  ...................      53  1291..............    49          781-789
                                                                                           App.                 
                     633................  1(1st. par. under        53  1302..............    49              682
                                           heading ``Civil                                 App.                 
                                           Aeronautics                                                          
                                           Authority.'').                                                       
                                                                                                                
        1940                                                                                                    
Apr. 22              124................  ...................      54  148...............    45            24-34
July 2               526................  ...................      54  735...............    49              485
                                                                                           App.                 
Sept. 18             722................  14(b)..............      54  919...............    49               26
                                                                                           App.                 
                                                                                                                
        1941                                                                                                    
June 28              258................  201(last par. under      55  282...............    49             422a
                                           heading ``Civil                                 App.                 
                                           Aeronautics                                                          
                                           Board'').                                                            
                                                                                                                
        1942                                                                                                    
July 24              522................  ...................      56  704...............    49              752
                                                                                           App.                 
                                                                                                                
        1943                                                                                                    
May 7                94.................  (par. under heading      57  80................    49              758
                                           ``Office of                                     App.                 
                                           Administrator of                                                     
                                           Civil                                                                
                                           Aeronautics'').                                                      
June 10              121................  ...................      57  150...............    49              752
                                                                                           App.                 
                                                                                                                
        1944                                                                                                    
June 30              333................  ...................      58  648...............    49              757
                                                                                           App.                 
July 1               373................  813(5th, 6th             58  718...............    49         177, 181
                                           complete pars. on                               App.                 
                                           p. 718).                                                             
Oct. 3               479................  13(g)..............  ......  ..................    50             1622
                                                                                           App.                 
                                                                                                                
        1946                                                                                                    
Aug. 8               911................  ...................      60  944...............    49              603
                                                                                           App.                 
                                                                                                                
        1947                                                                                                    
May 27               85.................  ...................      61  120...............    45            24-26
July 30              404................  2..................      61  678...............    50             1622
                                                                                           App.                 
Aug. 4               471................  ...................      61  743...............    49              643
                                                                                           App.                 
                                                                                                                
        1948                                                                                                    
Apr. 17              192................  ...................      62  173...............    49      1101, 1102,
                                                                                           App.      1106, 1108,
                                                                                                            1109
June 16              473................  ...................      62  450...............    49            1151,
                                                                                           App.      1151(note),
                                                                                                     1152-1159a,
                                                                                                            1160
                     482................  ...................      62  470...............    49              524
                                                                                           App.                 
June 19              523................  ...................      62  493...............    49         401, 523
                                                                                           App.                 
June 25              646................  4..................      62  986...............    45               87
June 29              713................  ...................      62  1093..............    49              452
                                                                                           App.                 
                     738................  ...................      62  1111..............    49             1116
                                                                                           App.                 
July 1               792................  ...................      62  1216..............    49    452, 459, 551
                                                                                           App.                 
                                                                                                                
        1949                                                                                                    
July 25              359................  ...................      63  478...............    49             1111
                                                                                           App.                 
July 26              362................  ...................      63  480...............    49              622
                                                                                           App.                 
                     363................  ...................      63  480...............    49             1114
                                                                                           App.                 
Aug. 12              423................  ...................      63  603...............    49             1113
                                                                                           App.                 
Aug. 15              426................  ...................      63  605...............    49             1109
                                                                                           App.                 
Aug. 30              520................  ...................      63  678...............    49              427
                                                                                           App.                 
Oct. 1               589................  ...................      63  700...............    50       1622-1622c
                                                                                           App.                 
Oct. 25              724................  ...................      63  903...............    49             1105
                                                                                           App.                 
Oct. 26              751................  ...................      63  925...............    49             1104
                                                                                           App.                 
                                                                                                                
        1950                                                                                                    
Feb. 9               5..................  ...................      64  4.................    49             1107
                                                                                           App.                 
Mar. 18              72.................  6, 7...............      64  28................    49       1102, 1108
                                                                                           App.                 
Aug. 3               517................  ...................      64  395...............    49              622
                                                                                           App.                 
Aug. 5               591................  ...................      64  414...............    49         177, 181
                                                                                           App.                 
Aug. 8               643................  ...................      64  417...............    49              457
                                                                                           App.                 
Aug. 9               655................  ...................      64  427...............    49              781
                                                                                           App.                 
Sept. 9              938................  ...................      64  825...............    49          701-705
                                                                                           App.                 
Sept. 27             1055...............  ...................      64  1071..............    49             1104
                                                                                           App.                 
Sept. 29             1107...............  ...................      64  1079..............    49              460
                                                                                           App.                 
Sept. 30             1117...............  ...................      64  1090..............    49        1181-1185
                                                                                           App.                 
                                                                                                                
        1951                                                                                                    
Jan. 9               1214...............  ...................      64  1237..............    49             1109
                                                                                           App.                 
June 14              123................  ...................      65  65................    49     401, 711-722
                                                                                           App.                 
Oct. 11              495................  3, 4...............      65  407...............    49         177, 560
                                                                                           App.                 
Oct. 31              655................  55(b)..............      65  729...............    49              787
                                                                                           App.                 
                                                                                                                
        1952                                                                                                    
June 28              485................  1(5)...............      66  286...............    49              485
                                                                                           App.                 
July 14              740................  ...................      66  628...............    49    401, 491, 622
                                                                                           App.                 
                                                                                                                
        1953                                                                                                    
July 8               181................  ...................      67  140...............    49             1116
                                                                                           App.                 
Aug. 8               379................  ...................      67  489...............    49              176
                                                                                           App.                 
                                                                                                                
        1955                                                                                                    
May 19               41.................  ...................      69  49................    49              481
                                                                                           App.                 
Aug. 3               494................  ...................      69  441...............    49       1101-1103,
                                                                                           App.      1104, 1105,
                                                                                                     1107, 1108,
                                                                                                            1111
                                                                                                                
        1956                                                                                                    
July 20              650................  ...................      70  591...............    49              481
                                                                                           App.                 
                     655................  ...................      70  594...............    49              722
                                                                                           App.                 
Aug. 1               816................  ...................      70  784...............    49              483
                                                                                           App.                 
                     852................  22.................      70  911...............    49              789
                                                                                           App.                 
                                                                                                                
        1957                                                                                                    
June 13              85-50..............  ...................      71  69................    49        1201-1203
                                                                                           App.                 
Aug. 14              85-135.............  ...................      71  352...............    45    6, 13, 34, 63
Aug. 26              85-166.............  ...................      71  415...............    49              481
                                                                                           App.                 
Sept. 7              85-307.............  ...................      71  629...............    49       1324(note)
                                                                                           App.                 
                                                                                                                
        1958                                                                                                    
Apr. 9               85-373.............  ...................      72  84................    49              486
                                                                                           App.                 
Apr. 11              85-375.............  ...................      72  86................    45                9
July 7               85-507.............  21(b)(3), (c)......      72  337, 338..........    49         457, 603
                                                                                           App.                 
Aug. 23              85-726.............  (less 613(a), (b),       72  731...............    49       1301-1308,
                                           1402(a), (e)-(g),                               App.       1321-1325,
                                           1404, 1406, 1411).                                         1341-1346,
                                                                                                      1347-1356,
                                                                                                      1357-1359,
                                                                                                     1371, 1372-
                                                                                                     1376, 1377-
                                                                                                     1389, 1401-
                                                                                                     1406, 1421-
                                                                                                     1434, 1441-
                                                                                                     1443, 1461-
                                                                                                     1463, 1471-
                                                                                                     1474, 1481,
                                                                                                     1482, 1483-
                                                                                                     1490, 1501-
                                                                                                     1515, 1516-
                                                                                                     1518, 1531-
                                                                                                      1542, 1551
                                                                                                                
        1959                                                                                                    
Mar. 18              86-3...............  21.................      73  13................    49       1324(note)
                                                                                           App.                 
June 25              86-70..............  39.................      73  150...............    49       1324(note)
                                                                                           App.                 
June 29              86-72..............  ...................      73  155...............    49      1101, 1102,
                                                                                           App.      1104, 1106,
                                                                                                     1108, 1109,
                                                                                                            1112
July 8               86-81..............  ...................      73  180...............    49       1403, 1404
                                                                                           App.                 
Aug. 11              86-154.............  ...................      73  333...............    49             1743
                                                                                           App.                 
Aug. 25              86-199.............  ...................      73  427...............    49             1485
                                                                                           App.                 
Sept. 21             86-295.............  ...................      73  572...............    49             1105
                                                                                           App.                 
                                                                                                                
        1960                                                                                                    
June 29              86-546.............  1..................      74  255...............    49             1486
                                                                                           App.                 
July 12              86-624.............  37.................      74  421...............    49       1324(note)
                                                                                           App.                 
                     86-627.............  ...................      74  445...............    49             1373
                                                                                           App.                 
July 14              86-661.............  ...................      74  527...............  .....  ..............
Sept. 13             86-758.............  ...................      74  901...............    49            1378,
                                                                                           App.       1378(note)
                     86-762.............  ...................      74  903...............    45       38, 42, 43
                                                                                                                
        1961                                                                                                    
July 20              87-89..............  ...................      75  210...............    49             1542
                                                                                           App.                 
Sept. 5              87-197.............  ...................      75  466...............    49      1301, 1472,
                                                                                           App.             1511
Sept. 13             87-221.............  ...................      75  494...............    15       1281, 1282
                     87-225.............  ...................      75  497...............    49             1486
                                                                                           App.                 
Sept. 20             87-255.............  ...................      75  523...............    49       1101-1106,
                                                                                           App.       1108-1110,
                                                                                                      1112, 1509
Oct. 4               87-367.............  103(2), (6), (15),       75  787, 788, 791.....    49      1322, 1343,
                                           205.                                            App.       1343(note)
                                                                                                                
        1962                                                                                                    
July 10              87-528.............  ...................      76  143...............    49      1301, 1371,
                                                                                           App.      1371(note),
                                                                                                     1376, 1387,
                                                                                                      1471, 1472
Oct. 15              87-810.............  ...................      76  921...............    49      1323, 1441,
                                                                                           App.       1472, 1505
                     87-820.............  ...................      76  936...............    49      1324(note),
                                                                                           App.             1380
                                                                                                                
        1964                                                                                                    
Mar. 11              88-280.............  ...................      78  158...............    49       1101-1106,
                                                                                           App.     1107a, 1108-
                                                                                                     1111, 1113,
                                                                                                            1120
June 30              88-346.............  ...................      78  236...............    49      1403, 1406,
                                                                                           App.       1406(note)
July 2               88-349.............  2..................      78  239...............    49             1114
                                                                                           App.                 
July 9               88-365.............  ...................      78  302...............    49            1601,
                                                                                           App.      1601(note),
                                                                                                     1602, 1603,
                                                                                                     1604, 1605-
                                                                                                            1625
Aug. 14              88-426.............  305(16)............      78  424...............    49      1321, 1341,
                                                                                           App.             1342
                                                                                                                
        1965                                                                                                    
Aug. 10              89-117.............  304(b), 1109.......      79  475, 507..........    49       1605, 1608
                                                                                           App.                 
Sept. 30             89-220.............  13.................  ......  ..................    49             1643
                                                                                           App.                 
Nov. 8               89-348.............  1(6)...............      79  1310..............    49             1539
                                                                                           App.                 
                                                                                                                
        1966                                                                                                    
June 13              89-447.............  ...................      80  199...............    49             1542
                                                                                           App.                 
Sept. 8              89-562.............  ...................      80  715...............    49      1602, 1603,
                                                                                           App.            1605,
                                                                                                    1607a(note),
                                                                                                   1607b, 1607c,
                                                                                                       1608-1611
Sept. 9              89-563.............  (less 401).........      80  718...............    15       1301-1303,
                                                                                                      1321-1323,
                                                                                                           1381,
                                                                                                     1381(note),
                                                                                                      1391-1403,
                                                                                                     1403(note),
                                                                                                       1404-1431
Oct. 13              89-647.............  ...................      80  894...............    49       1104, 1105
                                                                                           App.                 
Oct. 15              89-670.............  1-8(a), (f), (i),        80  931, 943, 944,        15             1404
                                           9, 10(e), 13-16.             948, 949.                               
                     ...................  ...................  ......  ..................    49      1376, 1651,
                                                                                           App.      1651(note),
                                                                                                     1652, 1653,
                                                                                                     1654, 1655-
                                                                                                      1657, 1659
                     ...................  ...................  ......  ..................    50              123
                                                                                                                
        1967                                                                                                    
May 25               90-19..............  20.................      81  25................    49      1602, 1603,
                                                                                           App.      1605, 1606,
                                                                                                       1608-1610
June 28              90-34..............  ...................      81  81................    49             1604
                                                                                           App.                 
Dec. 1               90-169.............  ...................      81  526...............    49             1604
                                                                                           App.                 
                                                                                                                
        1968                                                                                                    
Apr. 10              90-283.............  ...................      82  72................    15             1410
July 21              90-411.............  ...................      82  395...............    49             1431
                                                                                           App.                 
July 24              90-423.............  1(f)...............      82  424...............    49             1642
                                                                                           App.                 
Aug. 1               90-448.............  701-704............      82  534...............    49      1603, 1604,
                                                                                           App.       1605, 1608
Aug. 12              90-481.............  ...................      82  720...............    49            1671,
                                                                                           App.      1671(note),
                                                                                                       1672-1686
Sept. 26             90-514.............  ...................      82  867...............    49      1301, 1371,
                                                                                           App.       1371(note)
Oct. 12              90-568.............  ...................      82  1003..............    49       1324(note)
                                                                                           App.                 
                                                                                                                
        1969                                                                                                    
Aug. 20              91-62..............  ...................      83  103...............    49            1377,
                                                                                           App.      1377(note),
                                                                                                            1378
Dec. 24              91-152.............  306................      83  392...............    49       1603, 1604
                                                                                           App.                 
Dec. 26              91-169.............  ...................      83  463...............    45    61, 61(note),
                                                                                                          62-64b
                                                                                                                
        1970                                                                                                    
May 21               91-258.............  31, 51, 52(a),           84  234, 235, 236, 252    49       1101-1103,
                                           (b)(4), (6), (c),                               App.       1104-1106,
                                           (d), 53, 209.                                             1107a-1120,
                                                                                                     1354, 1430,
                                                                                                     1430(note),
                                                                                                     1432, 1509,
                                                                                                           1622,
                                                                                                     1701(note),
                                                                                                     1731, 1741,
                                                                                                      1742(note)
May 22               91-265.............  ...................      84  262...............    15      1381(note),
                                                                                                     1391, 1401,
                                                                                                     1408, 1409,
                                                                                                      1426, 1431
Sept. 8              91-399.............  ...................      84  837...............    49             1542
                                                                                           App.                 
Oct. 13              91-444.............  1(b)...............      84  915...............    49             1642
                                                                                           App.                 
Oct. 14              91-449.............  ...................      84  921...............    49       1301, 1472
                                                                                           App.                 
Oct. 15              91-453.............  1-9, 13, 14........      84  962, 969..........    49      1601(note),
                                                                                           App.     1601a, 1602,
                                                                                                     1602(note),
                                                                                                      1603-1605,
                                                                                                       1610-1612
Oct. 16              91-458.............  ...................      84  971...............    45             421,
                                                                                                  421(note), 431-
                                                                                                   441, 443, 444
Oct. 27              91-513.............  1102(r)............      84  1294..............    49              787
                                                                                           App.                 
Oct. 30              91-518.............  (less 404(f), 814,       84  1327..............    45             501,
                                           815, 901).                                                 501(note),
                                                                                                      501a, 502,
                                                                                                  521, 522, 541-
                                                                                                  545, 546, 547,
                                                                                                   548, 561-566,
                                                                                                   581-591, 601,
                                                                                                   602, 642-644,
                                                                                                   646-649, 651-
                                                                                                             658
Dec. 23              91-569.............  ...................      84  1499..............    49            1512,
                                                                                           App.      1512(notes)
Dec. 29              91-596.............  31.................      84  1619..............    49             1421
                                                                                           App.                 
Dec. 31              91-604.............  11(b)..............      84  1705..............    49       1421, 1430
                                                                                           App.                 
        1971                                                                                                    
Nov. 18              92-159.............  2..................      85  481...............    49             1429
                                                                                           App.                 
Nov. 27              92-174.............  ...................      85  491...............    49            1429,
                                                                                           App.      1430(note),
                                                                                                     1432, 1711-
                                                                                                     1713, 1714,
                                                                                                      1715, 1717
                                                                                                                
        1972                                                                                                    
Mar. 22              92-259.............  ...................      86  95................    49      1374, 1461,
                                                                                           App.            1482,
                                                                                                      1482(note)
June 22              92-316.............  ...................      86  227...............    45             543,
                                                                                                      543(note),
                                                                                                  545, 546, 548,
                                                                                                  562, 563, 565,
                                                                                                       601, 602,
                                                                                                      602(note),
                                                                                                        644, 645
Aug. 22              92-401.............  ...................      86  616...............    49            1674,
                                                                                           App.      1674(note),
                                                                                                      1682, 1684
Oct. 20              92-513.............  (less 511).........      86  947...............    15            1901,
                                                                                                     1901(note),
                                                                                                      1911-1922,
                                                                                                      1941-1949,
                                                                                                      1961-1964,
                                                                                                           1981,
                                                                                                     1981(note),
                                                                                                      1982-1991,
                                                                                                      2001-2010,
                                                                                                     2012, 2021-
                                                                                                            2034
Oct. 25              92-548.............  ...................      86  1159..............    15      1381(note),
                                                                                                      1409, 1410
                     92-556.............  ...................      86  1170..............    49       1324(note)
                                                                                           App.                 
Oct. 27              92-574.............  7(b)...............      86  1239..............    49             1431
                                                                                           App.                 
                                                                                                                
        1973                                                                                                    
June 18              93-44..............  ...................      87  88................    49            1513,
                                                                                           App.      1701(note),
                                                                                                     1711, 1712,
                                                                                                     1714, 1716,
                                                                                                            1717
Aug. 13              93-87..............  138, 164, 301......      87  270, 281, 295.....    49     1602a, 1603,
                                                                                           App.      1603(note),
                                                                                                    1607d(note),
                                                                                                     1608(note),
                                                                                                            1612
Aug. 14              93-90..............  ...................      87  305...............    45       421(note),
                                                                                                       441(note)
                     ...................  ...................  ......  ..................    49             1762
                                                                                           App.                 
Nov. 3               93-146.............  ...................      87  548...............    45       501(note),
                                                                                                       502, 543,
                                                                                                      543(note),
                                                                                                  545, 546, 548,
                                                                                                   561-564, 601,
                                                                                                        602, 641
                                                                                                                
        1974                                                                                                    
Jan. 2               93-236.............  303(e)(words         ......  ..................    45        743, 797j
                                           ``title VII of the                                                   
                                           Railroad                                                             
                                           Revitalization and                                                   
                                           Regulatory Reform                                                    
                                           Act of 1976 or                                                       
                                           of''), 711(words                                                     
                                           ``, the National                                                     
                                           Railroad Passenger                                                   
                                           Corporation, or                                                      
                                           the Amtrak                                                           
                                           Commuter Services                                                    
                                           Corporation'').                                                      
                     93-239.............  4..................      87  1048..............    49             1421
                                                                                           App.                 
Aug. 5               93-366.............  ...................      88  409...............    49      1301(note),
                                                                                           App.      1301, 1356,
                                                                                                     1357, 1471,
                                                                                                     1472, 1473,
                                                                                                     1487, 1511,
                                                                                                       1514-1516
Aug. 22              93-383.............  813................      88  737...............    49     1602, 1602a,
                                                                                           App.      1602a(note)
Aug. 30              93-403.............  ...................      88  802...............    49      1671(note),
                                                                                           App.       1674, 1684
Oct. 27              93-492.............  (less 108).........      88  1470..............    15      1381(note),
                                                                                                     1391, 1392,
                                                                                                     1393, 1397-
                                                                                                     1399, 1401,
                                                                                                     1402, 1408,
                                                                                                           1409,
                                                                                                     1409(note),
                                                                                                      1410-1411,
                                                                                                     1411(note),
                                                                                                      1412-1420,
                                                                                                     1424, 1961-
                                                                                                            1964
Oct. 28              93-496.............  ...................      88  1526..............    45       501(note),
                                                                                                  544, 545, 563,
                                                                                                  564, 601, 602,
                                                                                                       641, 644,
                                                                                                       645(note)
                     ...................  ...................  ......  ..................    49       302, 1643,
                                                                                           App.             1653
Nov. 26              93-503.............  (less 105).........      88  1565..............    49           1601b,
                                                                                           App.     1601b(note),
                                                                                                     1602-1604b,
                                                                                                     1605(note),
                                                                                                            1611
                                                                                                                
        1975                                                                                                    
Jan. 2               93-604.............  702................      88  1964..............    49             1537
                                                                                           App.                 
                     93-608.............  1(20), (21)........      88  1970..............    49       1343, 1603
                                                                                           App.                 
Jan. 3               93-623.............  (less 6)...........      88  2102..............    49      1151(note),
                                                                                           App.    1159a, 1159b,
                                                                                                     1373, 1376,
                                                                                                     1377, 1472,
                                                                                                            1517
                     93-633.............  ...................      88  2156..............    45   39, 421(note),
                                                                                                  437, 438, 440,
                                                                                                       440(note)
                     ...................  ...................  ......  ..................    49      1471, 1472,
                                                                                           App.      1653, 1761,
                                                                                                     1762, 1801,
                                                                                                     1801(note),
                                                                                                      1802-1813,
                                                                                                           1901,
                                                                                                     1901(note),
                                                                                                       1902-1907
                                                                                                                
        1974                                                                                                    
Jan. 4               93-650.............  ...................      89  2-1...............    49     1602, 1602a,
                                                                                           App.      1602a(note)
                                                                                                                
        1975                                                                                                    
May 26               94-25..............  ...................      89  90................    45       501(note),
                                                                                                  543, 545, 548,
                                                                                                  563, 564, 601,
                                                                                                        602, 621
                     ...................  ...................  ......  ..................    49             1653
                                                                                           App.                 
July 19              94-56..............  ...................      89  263...............    45   421(note), 440
                     ...................  ...................  ......  ..................    49             1812
                                                                                           App.                 
Aug. 9               94-90..............  ...................      89  439...............    49      1531(note),
                                                                                           App.       1536, 1542
Dec. 22              94-163.............  301(less ``Sec.          89  901...............    15       2001-2010,
                                           511'').                                                          2012
                                                                                                                
        1976                                                                                                    
Feb. 5               94-210.............  701-706(a), (c)-         90  119, 124, 130,        45   543, 545, 546,
                                           (i), 707, 803,               143, 147.                  562-564, 743,
                                           808, 901-904.                                          745(note), 851-
                                                                                                             855
                     ...................  ...................  ......  ..................    49      1613, 1653,
                                                                                           App.            1654,
                                                                                                      1654(note)
July 8               94-346.............  ...................      90  815...............    15       1392, 1409
                     94-348.............  ...................      90  817...............    45   6, 13, 34, 61-
                                                                                                       63a, 64a,
                                                                                                      421(note),
                                                                                                  431, 431(note)
                     ...................  ...................  ......  ..................    49         26, 1653
                                                                                           App.                 
July 12              94-353.............  ...................      90  871...............    49           1346a,
                                                                                           App.      1348(note),
                                                                                                    1356a, 1358,
                                                                                                     1371, 1432,
                                                                                                           1701,
                                                                                                     1701(note),
                                                                                                     1702(note),
                                                                                                     1704, 1711-
                                                                                                           1715,
                                                                                                     1715(note),
                                                                                                      1716-1720,
                                                                                                     1724(note),
                                                                                                      1728-1730,
                                                                                                            1742
July 14              94-364.............  ...................      90  981...............    15      1901(note),
                                                                                                     1921, 1941,
                                                                                                     1949, 1963,
                                                                                                      1982-1985,
                                                                                                     1987, 1988,
                                                                                                       1990-1991
July 31              94-374.............  ...................      90  1065..............    49             1542
                                                                                           App.                 
Sept. 30             94-436.............  5(related to title       90  1399..............    45              743
                                           VII).                                                                
Oct. 11              94-474.............  ...................      90  2068..............    49      1801(note),
                                                                                           App.       1805, 1812
                     94-477.............  ...................      90  2073..............    49            1671,
                                                                                           App.      1671(note),
                                                                                                     1672, 1674,
                                                                                                     1680, 1683-
                                                                                                            1686
                     94-481.............  ...................      90  2080..............    49             1907
                                                                                           App.                 
Oct. 19              94-555.............  101-108, 216(e),         90  2613, 2627, 2629,     45       501(note),
                                           217, 219(a),                 2630.                     543, 545, 546,
                                           220(h), 301.                                           563, 601, 602,
                                                                                                            641,
                                                                                                  641(note), 854
                     ...................  ...................  ......  ..................    49            1653,
                                                                                           App.       1654(note)
                                                                                                                
        1977                                                                                                    
Aug. 4               95-91..............  305, 306, 402(b)...      91  580, 584..........    15             2002
                     ...................  ...................  ......  ..................    42       7155, 7172
Nov. 9               95-163.............  (less 19)..........      91  1278..............    49      1301, 1302,
                                                                                           App.      1371, 1373,
                                                                                                     1373(note),
                                                                                                     1376(note),
                                                                                                     1388, 1401,
                                                                                                           1421,
                                                                                                     1421(note),
                                                                                                     1430, 1482,
                                                                                                      1531-1533,
                                                                                                     1535, 1537,
                                                                                                            1542
Nov. 16              95-187.............  ...................      91  1385..............    49             1613
                                                                                           App.                 
                                                                                                                
        1978                                                                                                    
Mar. 8               95-241.............  ...................      92  119...............    49             1401
                                                                                           App.                 
Mar. 14              95-245.............  ...................      92  156...............    49            1388,
                                                                                           App.       1388(note)
Mar. 27              95-251.............  2(a)(12)...........      92  183...............    49             1655
                                                                                           App.                 
Sept. 11             95-363.............  ...................      92  597...............    49      1901(note),
                                                                                           App.             1907
Sept. 30             95-403.............  ...................      92  863...............    49             1812
                                                                                           App.                 
Oct. 5               95-421.............  ...................      92  923...............    45       501(note),
                                                                                                      521(note),
                                                                                                            541,
                                                                                                      541(note),
                                                                                                      545, 545a,
                                                                                                      546a, 562,
                                                                                                  563, 601, 602,
                                                                                                   646, 853, 854
                     ...................  ...................  ......  ..................    49             1653
                                                                                           App.                 
Oct. 7               95-426.............  706................      92  992...............    49             1518
                                                                                           App.                 
Oct. 17              95-473.............  4(c)...............      92  1470..............    49         101(note
                                                                                                          prec.)
Oct. 24              95-504.............  (less 46)..........      92  1705..............    49            1301,
                                                                                           App.      1301(note),
                                                                                                     1302, 1305-
                                                                                                           1308,
                                                                                                     1324(note),
                                                                                                           1371,
                                                                                                     1371(note),
                                                                                                      1372-1374,
                                                                                                           1376,
                                                                                                     1376(note),
                                                                                                     1378, 1379,
                                                                                                     1382, 1384,
                                                                                                     1386, 1389,
                                                                                                     1461, 1471,
                                                                                                     1473, 1482,
                                                                                                    1482a, 1490,
                                                                                                     1504, 1551,
                                                                                                     1552, 1711,
                                                                                                            1729
Nov. 2               95-574.............  ...................      92  2459..............    45   6, 13, 34, 61,
                                                                                                            63a,
                                                                                                      63a(note),
                                                                                                      421(note),
                                                                                                       436, 437,
                                                                                                  440(note), 442
                     ...................  ...................  ......  ..................    49               26
                                                                                           App.                 
                     95-575.............  3(a), (b)..........      92  2465..............    49         781, 787
                                                                                           App.                 
                     95-580.............  ...................      92  2475..............    49       1653(note)
                                                                                           App.                 
Nov. 6               95-598.............  322(g).............      92  2679..............    45               81
                     95-599.............  134(d), 160, 301-        92  2709, 2719, 2735,     15             1418
                                           315, 317-323.                2752.                                   
                     ...................  ...................  ......  ..................    49      1601(note),
                                                                                           App.      1602, 1603,
                                                                                                           1604,
                                                                                                     1604(note),
                                                                                                     1605(note),
                                                                                                           1607,
                                                                                                     1607(note),
                                                                                                    1607a(note),
                                                                                                     1607b-1608,
                                                                                                     1611, 1612,
                                                                                                     1612(note),
                                                                                                      1613-1616,
                                                                                                      1653(note)
Nov. 8               95-607.............  101-110............      92  3059..............    49      1651(note),
                                                                                           App.     1653a, 1654,
                                                                                                      1654(note)
                     95-609.............  3, 8...............      92  3080, 3084........    49            1431,
                                                                                           App.       1431(note)
Nov. 9               95-619.............  401-404............      92  3254..............    15       2006, 2008
                                                                                                                
        1979                                                                                                    
Sept. 29             96-73..............  101-119 ``Sec.           93  537, 547, 558.....    45             501,
                                           404(e)'', 119                                              501(note),
                                           ``Sec. 404(g)''-                                           501a, 502,
                                           132, 501(a).                                               521(note),
                                                                                                            545,
                                                                                                      545(note),
                                                                                                     545a(note),
                                                                                                       546, 548,
                                                                                                      562(note),
                                                                                                       563, 564,
                                                                                                      564(note),
                                                                                                            565,
                                                                                                      565(note),
                                                                                                  566, 601, 602,
                                                                                                      602(note),
                                                                                                    641, 647-650
                     ...................  ...................  ......  ..................    49             1653
                                                                                           App.                 
Oct. 12              96-86..............  115(b).............      93  662...............    49             1654
                                                                                           App.                 
Nov. 9               96-106.............  17.................      93  799...............    49             1604
                                                                                           App.                 
Nov. 30              96-129.............  ...................      93  989...............    18             831,
                                                                                                  831(note), 832-
                                                                                                             835
                     ...................  ...................  ......  ..................    49            1671,
                                                                                           App.      1671(note),
                                                                                                           1672,
                                                                                                     1672(note),
                                                                                                      1673-1677,
                                                                                                     1679a-1682,
                                                                                                     1682(note),
                                                                                                      1683-1686,
                                                                                                     1811, 2001,
                                                                                                     2001(note),
                                                                                                       2002-2014
Dec. 29              96-171.............  ...................      93  1285..............    49       1421(note)
                                                                                           App.                 
                                                                                                                
        1980                                                                                                    
Jan. 7               96-185.............  18(related to Sec.       93  1336..............    15             2003
                                           503(a)(3) of Motor                                                   
                                           Vehicle                                                              
                                           Information and                                                      
                                           Cost Savings Act).                                                   
Feb. 15              96-192.............  (less 29)..........      94  35................    49           1159b,
                                                                                           App.      1301(note),
                                                                                                     1302, 1371-
                                                                                                     1373, 1377,
                                                                                                     1382, 1384,
                                                                                                     1386, 1482,
                                                                                                     1502, 1504,
                                                                                                      1508, 1517
Feb. 18              96-193.............  (less 305).........      94  50................    49      1348(note),
                                                                                           App.      1359, 1472,
                                                                                                     1512, 1711,
                                                                                                     1713, 1714-
                                                                                                     1717, 1731,
                                                                                                     1742, 2101,
                                                                                                     2101(note),
                                                                                                      2102-2108,
                                                                                                       2121-2124
May 30               96-254.............  117, 201-213, 215,       94  410, 418..........    45       501(note),
                                           216.                                                   543, 545, 546,
                                                                                                   562-564, 601,
                                                                                                   651-658, 851,
                                                                                                       853, 854,
                                                                                                      854(note),
                                                                                                       855, 1013
                     ...................  ...................  ......  ..................    49             1653
                                                                                           App.                 
July 1               96-296.............  30.................      94  820...............    49      10927(note)
                     96-298.............  1(d)...............      94  829...............    49             1742
                                                                                           App.                 
Oct. 10              96-423.............  ...................      94  1811..............    43              975
                     ...................  ...................  ......  ..................    45   6, 26, 29, 34,
                                                                                                            64a,
                                                                                                      421(note),
                                                                                                            431,
                                                                                                      431(note),
                                                                                                   432, 435-439,
                                                                                                   441, 443, 444
                     96-425.............  ...................      94  1821..............    15            1901,
                                                                                                     1901(note),
                                                                                                           2001,
                                                                                                     2001(note),
                                                                                                           2002,
                                                                                                     2002(note),
                                                                                                     2003, 2005,
                                                                                                     2007, 2008,
                                                                                                            2012
Oct. 14              96-448.............  508(f).............      94  1958..............    45              563
Oct. 19              96-470.............  112(a), (e), (f),        94  2239, 2240, 2245..    45         440, 669
                                           (h), 209(a).                                                         
                     ...................  ...................  ......  ..................    49      1344, 1539,
                                                                                           App.             1702
                                                                                                                
        1981                                                                                                    
Aug. 6               97-31..............  12(9)..............      95  154...............    49              142
                                                                                           App.                 
Aug. 13              97-35..............  1101-1103, 1111,         95  622, 627, 647,        45        444, 501,
                                           1137-1139(a),                669, 687.                     501(note),
                                           1145, 1170-1189,                                           501a, 502,
                                           1191-1195.                                                  541, 543,
                                                                                                      543(note),
                                                                                                  544, 545, 546,
                                                                                                  547, 548, 562,
                                                                                                            563,
                                                                                                      563(note),
                                                                                                  564, 565, 581-
                                                                                                  590, 601, 602,
                                                                                                      651(note),
                                                                                                        852, 854
                     ...................  ...................  ......  ..................    49      1603, 1604,
                                                                                           App.      1608(note),
                                                                                                     1654, 1660,
                                                                                                     1701(note),
                                                                                                           1714,
                                                                                                     1714(note),
                                                                                                           1715,
                                                                                                     1716(note),
                                                                                                      1717, 1742
Nov. 3               97-74..............  ...................      95  1065..............    49      1901(note),
                                                                                           App.      1903, 1906,
                                                                                                            1907
Dec. 23              97-102.............  329................      95  1464..............    45        582(note)
Dec. 29              97-125.............  5..................      95  1673..............    45        582(note)
                                                                                                                
        1982                                                                                                    
Apr. 2               97-164.............  161(8).............      96  49................    45               87
July 18              97-216.............  101(par. under           96  187...............    45              543
                                           heading ``Grants                                                     
                                           to the National                                                      
                                           Railroad Passenger                                                   
                                           Corporation'').                                                      
Sept. 3              97-248.............  501-529, 532-534...      96  671, 701..........    49      1349, 1354,
                                                                                           App.     1356a, 1430,
                                                                                                     1432, 1509,
                                                                                                     1513, 1701-
                                                                                                     1731, 2101,
                                                                                                     2103, 2104,
                                                                                                     2108, 2201,
                                                                                                     2201(note),
                                                                                                       2202-2225
                     ...................  ...................  ......  ..................    50             1622
                                                                                           App.                 
Sept 10              97-257.............  107(par. under           96  852...............    45             546b
                                           heading ``Grants                                                     
                                           to the National                                                      
                                           Railroad Passenger                                                   
                                           Corporation'').                                                      
Sept. 20             97-261.............  18(a)-(g)..........      96  1121..............    49      10927(note)
Oct. 2               97-276.............  130, 167...........      96  1196, 1204........    49     1376a(note),
                                                                                           App.             2207
Oct. 14              97-309.............  ...................      96  1453..............    49      1542, 1551,
                                                                                           App.            1902,
                                                                                                     1902(note),
                                                                                                            1905
Oct. 15              97-331.............  ...................      96  1619..............    15      1381(note),
                                                                                                     1392, 1409,
                                                                                                     1413, 1418,
                                                                                                     1921, 1949,
                                                                                                           1990g
Oct. 25              97-364.............  201-206, 208, 209,       96  1740, 1746, 1747..    23        401(note)
                                           211.                                                                 
                     97-365.............  4..................      96  1751..............    26       6103(note)
Dec. 18              97-369.............  201(provisos under       96  1778, 1784........    49     1376a, 1376b
                                           heading ``Payments                              App.                 
                                           to Air                                                               
                                           Carriers''), 322.                                                    
                                                                                                                
        1983                                                                                                    
Jan. 6               97-424.............  138, 301-309, 313,       96  2126, 2140, 2152,     49      10927(note)
                                           315-318, 401-408,            2153, 2167.                             
                                           411-416, 426(a)-                                                     
                                           (d).                                                                 
                     ...................  ...................  ......  ..................    49      1601(note),
                                                                                           App.     1601c, 1602,
                                                                                                     1603-1604a,
                                                                                                   1607a, 1607a-
                                                                                                       1, 1607c,
                                                                                                     1608, 1611,
                                                                                                           1612,
                                                                                                     1612(note),
                                                                                                     1614, 1617,
                                                                                                     1618, 2204-
                                                                                                     2206, 2301-
                                                                                                     2307, 2311-
                                                                                                      2315, 2316
Jan. 12              97-449.............  4(c)...............      96  2442..............    49             1348
                                                                                           App.                 
Jan. 14              97-468.............  101-104, 301, 302,       96  2543, 2547, 2551,     45       13, 17-21,
                                           501, 508, 509,               2554, 2577, 2579.             421(note),
                                           615(a)(4), 701-706.                                    431, 438, 444,
                                                                                                  585, 591, 601,
                                                                                                       853, 854,
                                                                                                  854(note), 855
                     ...................  ...................  ......  ..................    49      1654, 1655,
                                                                                           App.       1673-1675,
                                                                                                      2003, 2005
Apr. 5               98-17..............  ...................      97  59................    49             2316
                                                                                           App.                 
June 6               98-37..............  ...................      97  204...............    49             1907
                                                                                           App.                 
July 30              98-63..............  1(par. under             97  340...............    49       1603(note)
                                           heading ``Urban                                 App.                 
                                           Discretionary                                                        
                                           Grants'').                                                           
Dec. 8               98-213.............  10.................      97  1461..............    49             1389
                                                                                           App.                 
                                                                                                                
        1984                                                                                                    
Aug. 22              98-396.............  101(par. under           98  1400..............    49             1604
                                           heading ``Urban                                 App.                 
                                           Mass                                                                 
                                           Transportation                                                       
                                           Administration'').                                                   
Oct. 4               98-443.............  3, 4, 6, 7, 9(a)-        98  1703, 1705, 1706,     49    1159a, 1159b,
                                           (d), (r)-(u), 10-            1708, 1709.        App.      1301, 1304,
                                           16.                                                       1305, 1377,
                                                                                                     1381, 1382,
                                                                                                     1388, 1389,
                                                                                                     1389(note),
                                                                                                     1537, 1551,
                                                                                                     1551(note),
                                                                                                      1553-1557,
                                                                                                      2423(note)
Oct. 11              98-464.............  ...................      98  1821..............    49            1681,
                                                                                           App.      1682(note),
                                                                                                     1683, 1684,
                                                                                                     2009, 2010,
                                                                                                      2012, 2013
Oct. 12              98-473.............  2013(c), 2014......      98  2189..............    49      1301, 1471,
                                                                                           App.             1472
Oct. 19              98-499.............  ...................      98  2312..............    49      1301(note),
                                                                                           App.      1401, 1422,
                                                                                                     1429, 1472,
                                                                                                            1903
Oct. 25              98-547.............  101................      98  2755..............    15      1901, 2021-
                                                                                                            2034
Oct. 30              98-554.............  101-106, 202-212,        98  2829, 2832, 2844,     49     10927(notes)
                                           214-224, 228-231.            2852.                                   
                     ...................  ...................  ......  ..................    49            2301,
                                                                                           App.      2301(note),
                                                                                                     2311, 2312,
                                                                                                     2314, 2316,
                                                                                                       2501-2521
                     98-559.............  ...................      98  2907..............    49      1808, 1812,
                                                                                           App.             1813
                     98-575.............  ...................      98  3055..............    49            2601,
                                                                                           App.      2601(note),
                                                                                                       2602-2622
Nov. 8               98-620.............  402(17), (18), (51)      98  3358, 3361........    15      1415, 2003,
                                                                                                            2305
                                                                                                                
        1985                                                                                                    
Aug. 8               99-83..............  551(a), (b), 552,        99  222, 226, 227.....    49     1356, 1356b,
                                           553, 556.                                       App.      1471, 1515,
                                                                                                     1515(note),
                                                                                                     1515a, 1556
Aug. 15              99-88..............  100(1st complete         99  352...............    49            1371a
                                           par. on p. 352).                                App.                 
Dec. 5               99-170.............  301................      99  1018..............    49             2623
                                                                                           App.                 
Dec. 19              99-190.............  317, 326, 328......      99  1286, 1289........    49      1519, 1604,
                                                                                           App.             1614
                                                                                                                
        1986                                                                                                    
Apr. 7               99-272.............  4002-4008, 4012-        100  106, 109, 110,        45   502, 544, 545,
                                           4016, 4017(b),               111, 139, 310.             546, 562-565,
                                           4018, 7001-7005,                                             601, 644
                                           13031(h).                                                            
                     ...................  ...................  ......  ..................    49      1654, 1674,
                                                                                           App.     1682a, 1684,
                                                                                                      2004, 2013
July 2               99-349.............  101(par. under          100  745...............  .....  ..............
                                           heading ``Urban                                                      
                                           Mass                                                                 
                                           Transportation                                                       
                                           Administration'').                                                   
Aug. 22              99-386.............  205................     100  823...............    49             1307
                                                                                           App.                 
Oct. 2               99-435.............  ...................     100  1080..............    49      1301(note),
                                                                                           App.            1374,
                                                                                                      1374(note)
Oct. 18              99-500.............  101(l)[H.R. 5205,       100  1783-308..........    49             2311
                                           Sec. 324].                                      App.                 
Oct. 22              99-514.............  1893(f)............     100  2930..............    49             1741
                                                                                           App.                 
                     99-516.............  ...................     100  2965..............    49      1672, 1680,
                                                                                           App.      1684, 2002,
                                                                                                      2009, 2013
Oct. 27              99-570.............  3401, 12001-12011,      100  3207-99, 3207-170,    49            1401,
                                           12013-12020.                 3207-186.          App.      1401(note),
                                                                                                     1472, 1474,
                                                                                                           1509,
                                                                                                     1509(note),
                                                                                                     2304, 2701,
                                                                                                     2701(note),
                                                                                                       2702-2718
Oct. 28              99-579.............  ...................     100  3309..............    15      1901(note),
                                                                                                     1982, 1988,
                                                                                                     1988(note),
                                                                                                    1990b, 1990c
Oct. 30              99-591.............  101(l)[H.R. 5205,       100  3341-308..........    49             2311
                                           Sec. 324].                                      App.                 
Nov. 10              99-646.............  87(d)(8)...........     100  3624..............    49             1472
                                                                                           App.                 
Nov. 14              99-654.............  3(b)(8)............     100  3664..............    49             1472
                                                                                           App.                 
                                                                                                                
        1987                                                                                                    
Apr. 2               100-17.............  133(a)(7), (c)(2),      101  171, 172, 174,        49      1601(note),
                                           135(h), 205, 209,            220, 222.          App.            1602,
                                           301-328.                                                  1602(note),
                                                                                                     1603, 1604,
                                                                                                   1607a, 1607a-
                                                                                                       1, 1607c,
                                                                                                           1608,
                                                                                                     1608(note),
                                                                                                      1612-1614,
                                                                                                     1617, 1619-
                                                                                                     1621, 1655,
                                                                                                     2204(note),
                                                                                                     2311, 2314,
                                                                                                            2716
July 11              100-71.............  (last proviso under     101  447...............    45        562(note)
                                           heading ``Grants                                                     
                                           to the National                                                      
                                           Railroad Passenger                                                   
                                           Corporation'').                                                      
Sept. 30             100-121............  ...................     101  792...............    49             1472
                                                                                           App.                 
Oct. 30              100-147............  120................     101  868...............    49             2623
                                                                                           App.                 
                     100-148............  ...................     101  878...............    49             1542
                                                                                           App.                 
Dec. 22              100-202............  317(a), 328, 106...     101  1329-380, 1329-       49        308(note)
                                                                        382, 1329-433.                          
                     ...................  ...................  ......  ..................    49       1374, 2311
                                                                                           App.                 
Dec. 30              100-223............  101, 102(a)-(c),        101  1487, 1488, 1494,     23        401(note)
                                           103-105(g), 106-             1526, 1532.                             
                                           116, 201-207, 301-                                                   
                                           306, 308-311, 315.                                                   
                     ...................  ...................  ......  ..................    49              334
                     ...................  ...................  ......  ..................    49            1301,
                                                                                           App.     1348(notes),
                                                                                                     1354, 1389,
                                                                                                     1389(note),
                                                                                                           1421,
                                                                                                    1421(notes),
                                                                                                     1471, 1472,
                                                                                                           1475,
                                                                                                     1475(note),
                                                                                                     1501, 1903,
                                                                                                     1903(note),
                                                                                                           2104,
                                                                                                     2104(note),
                                                                                                      2201-2203,
                                                                                                     2203(note),
                                                                                                           2204,
                                                                                                     2204(note),
                                                                                                           2205,
                                                                                                     2205(note),
                                                                                                      2206-2208,
                                                                                                      2210-2212,
                                                                                                           2218,
                                                                                                     2222(note),
                                                                                                       2224-2227
                                                                                                                
        1988                                                                                                    
June 22              100-342............  ...................     102  624...............    23        401(note)
                     ...................  ...................  ......  ..................    45    1-14, 16, 22-
                                                                                                     24, 28, 29,
                                                                                                  32, 34, 38-40,
                                                                                                    43, 43a, 61,
                                                                                                   62, 62(note),
                                                                                                    63, 64, 64a,
                                                                                                      421(note),
                                                                                                            431,
                                                                                                      431(note),
                                                                                                       437, 438,
                                                                                                      438(note),
                                                                                                  440, 441, 444,
                                                                                                  445, 541, 543,
                                                                                                            543,
                                                                                                      543(note),
                                                                                                       548, 602,
                                                                                                           650a,
                                                                                                     650a(note),
                                                                                                             854
                     ...................  ...................  ......  ..................    49               26
                                                                                           App.                 
July 19              100-372............  ...................     102  876...............    49      1901(note),
                                                                                           App.      1903, 1906,
                                                                                                            1907
Aug. 23              100-418............  10011-10013........     102  1573..............    49            1159b
                                                                                           App.                 
Sept. 30             100-457............  317(a), 336, 346...     102  2148, 2153, 2155..    45              581
                     ...................  ...................  ......  ..................    49        308(note)
                     ...................  ...................  ......  ..................    49       1551, 1553
                                                                                           App.                 
Oct. 14              100-494............  6-8................     102  2448..............    15      2001, 2002,
                                                                                                           2006,
                                                                                                     2006(note),
                                                                                                           2013,
                                                                                                      2512(note)
Oct. 31              100-561............  1, 101-108(b), 109,     102  2805, 2809, 2817..    15             1988
                                           110, 201-211, 301-                                                   
                                           306, 308, 401.                                                       
                     ...................  ...................  ......  ..................    49         101(note
                                                                                                          prec.)
                     ...................  ...................  ......  ..................    49      1671(note),
                                                                                           App.            1672,
                                                                                                     1672(note),
                                                                                                     1674, 1676,
                                                                                                    1679a, 1680,
                                                                                                     1680(note),
                                                                                                     1681, 1684,
                                                                                                     1687, 2002,
                                                                                                     2004, 2007,
                                                                                                      2009-2011,
                                                                                                     2013, 2015,
                                                                                                      2015(note)
                     100-562............  (less 2(e)(3)).....     102  2818..............    15      1381(note),
                                                                                                           1397,
                                                                                                     1397(notes)
Nov. 3               100-591............  ...................     102  3011..............    49              106
                     ...................  ...................  ......  ..................    49      1301(note),
                                                                                           App.            1353,
                                                                                                     1353(note),
                                                                                                            2205
Nov. 15              100-657............  ...................     102  3900..............    49      2601(note),
                                                                                           App.            2603,
                                                                                                     2603(note),
                                                                                                     2614, 2615,
                                                                                                      2615(note)
Nov. 17              100-685............  213, 601-604.......     102  4093, 4102........    49      1353(note),
                                                                                           App.             2623
Nov. 18              100-690............  6076(a), 7201-          102  4324, 4424, 4429,     49             334,
                                           7207(c)(3), 7208,            4433, 4528, 4529,            10927(note)
                                           7209, 7211(a),               4534.                                   
                                           (c), 7212-7214,                                                      
                                           9102(a), (b), 9103-                                                  
                                           9110, 9112.                                                          
                     ...................  ...................  ......  ..................    49             782,
                                                                                           App.      1301(note),
                                                                                                           1303,
                                                                                                     1303(note),
                                                                                                     1354, 1401,
                                                                                                     1401(note),
                                                                                                     1422, 1425,
                                                                                                     1429, 1471,
                                                                                                     1472, 2505,
                                                                                                    2505(notes),
                                                                                                           2507,
                                                                                                     2510(note),
                                                                                                           2521,
                                                                                                     2521(note),
                                                                                                      2706(note)
                                                                                                                
        1989                                                                                                    
June 30              101-45.............  501(proviso in par.     103  109...............    49       1389(note)
                                           under heading                                   App.                 
                                           ``Payments to Air                                                    
                                           Carriers'').                                                         
Aug. 4               101-71.............  ...................     103  181...............    49      2201(note),
                                                                                           App.            2212,
                                                                                                      2212(note)
Nov. 21              101-164............  331, 334(c), 335,       103  1097, 1098, 1099..    49            1374,
                                           340.                                            App.      1374(note),
                                                                                                    1607a(note),
                                                                                                           1619,
                                                                                                      2205(note)
Dec. 11              101-213............  ...................     103  1843..............    45             1321
                     ...................  ...................  ......  ..................    49      1651(note),
                                                                                           App.            1654,
                                                                                                      1654(note)
Dec. 15              101-236............  1, 2, 4............     103  2060, 2061........    49      1421, 1475,
                                                                                           App.             2210
                                                                                                                
        1990                                                                                                    
May 4                101-281............  ...................     104  164...............    49            1475,
                                                                                           App.      1475(note),
                                                                                                            2210
July 6               101-322............  2, 3...............     104  295...............    45         601, 649
Aug. 15              101-370............  ...................     104  451...............    49      1357, 1475,
                                                                                           App.       1482(note)
Aug. 18              101-380............  4105(a)............     104  512...............    23        401(note)
Nov. 3               101-500............  2-14, 15(b), (d),       104  1213, 1218, 1219,     49            1814,
                                           (g)(1).                      1221.              App.      2501(note),
                                                                                                           2801,
                                                                                                     2801(note),
                                                                                                       2802-2812
Nov. 5               101-508............  9102-9105, 9107-        104  1388-354, 1388-       45         444, 447
                                           9112(b), 9113-               355, 1388-363,                          
                                           9115, 9118, 9121-            1388-365, 1388-                         
                                           9123, 9124 ``Sec.            370, 1388-371,                          
                                           613(c)'', 9125,              1388-372, 1388-                         
                                           9127, 9129-9131,             375, 1388-399.                          
                                           9202-9205, 9207-                                                     
                                           9209, 9301-9309,                                                     
                                           10501.                                                               
                     ...................  ...................  ......  ..................    49      1307, 1344,
                                                                                           App.      1348(note),
                                                                                                     1353, 1357,
                                                                                                     1371, 1389,
                                                                                                     1433, 1513,
                                                                                                           2151,
                                                                                                     2151(note),
                                                                                                      2152-2158,
                                                                                                      2201-2206,
                                                                                                    2226a-2226d,
                                                                                                            2227
                     101-516............  101(1st sentence        104  2160, 2182, 2184..    49      1348(note),
                                           last proviso, 2d-                               App.           1354a,
                                           last sentences in                                         2205(note),
                                           par. under heading                                               2311
                                           ``Facilities and                                                     
                                           Equipment''), 324,                                                   
                                           327(a), 330(a).                                                      
Nov. 16              101-599............  1..................     104  3038..............    49       1672, 2002
                                                                                           App.                 
                     101-604............  101(a), (b), 102-       104  3067, 3068, 3082..    49      1356, 1357,
                                           111, 203(a)-(c).                                App.     1357(notes),
                                                                                                    1358a-1358d,
                                                                                                    1358d(note),
                                                                                                           1380,
                                                                                                     1380(note),
                                                                                                     1432, 1515,
                                                                                                          1652b,
                                                                                                     1652b(note)
                     101-610............  601(a).............     104  3185..............    45              546
                     101-611............  117................     104  3202..............    49      2601, 2602,
                                                                                           App.      2604, 2614,
                                                                                                            2623
                     101-615............  3-20, 22-24, 27, 28     104  3245, 3271, 3276..    45         435, 439
                     ...................  ...................  ......  ..................    49      1802, 1804,
                                                                                           App.            1805,
                                                                                                     1805(note),
                                                                                                      1806-1813,
                                                                                                     1813(note),
                                                                                                      1815-1819,
                                                                                                            2509
Nov. 28              101-641............  2-7, 9.............     104  4654, 4658........    15            1988,
                                                                                                      1988(note)
                     ...................  ...................  ......  ..................    45              562
                     ...................  ...................  ......  ..................    49    1657-1, 1903,
                                                                                           App.       1905, 1907
Nov. 29              101-647............  1704...............     104  4846..............    45              446
                                                                                                                
        1991                                                                                                    
Oct. 28              102-143............  101(1st sentence        105  922, 943, 947,        45              431
                                           last proviso, 2d-            949, 951, 953,                          
                                           last sentences in            962.                                    
                                           par. under heading                                                   
                                           ``Facilities and                                                     
                                           Equipment''), 324,                                                   
                                           336, 346, 349, 401-                                                  
                                           405, 3-5(a), 6.                                                      
                     ...................  ...................  ......  ..................    49           1354a,
                                                                                           App.      1357(note),
                                                                                                     1421(note),
                                                                                                    1434, 1618a,
                                                                                                     2104, 2157,
                                                                                                     2205(note),
                                                                                                            2717
Dec. 9               102-195............  13.................     105  1613..............    49             2623
                                                                                           App.                 
Dec. 18              102-240............  2, 2501, 2504,          105  1914, 2081, 2083,     15         1392(j),
                                           2505, 2508, 3005,            2084, 2088, 2089,           1392(notes),
                                           3006(a), (b), (d)-           2108, 2140, 2148,             1413, 1414
                                           (h), 3007-3013,              2152, 2153, 2158,                       
                                           3015-3030, 4002-             2184.                                   
                                           4004, 4006,                                                          
                                           4007(b), (f), 4008-                                                  
                                           4010, 4014,                                                          
                                           5002(b), (c),                                                        
                                           5003, 6021-6024.                                                     
                     ...................  ...................  ......  ..................    49       101(note),
                                                                                                     301(notes),
                                                                                                     11506(note)
                     ...................  ...................  ......  ..................    49       1601-1603,
                                                                                           App.     1607, 1607a,
                                                                                                        1607a-1,
                                                                                                    1607c, 1608,
                                                                                                     1608(note),
                                                                                                     1612, 1614,
                                                                                                      1617-1619,
                                                                                                      1622-1625,
                                                                                                           2302,
                                                                                                    2302(notes),
                                                                                                     2303, 2304,
                                                                                                     2304(note),
                                                                                                     2306, 2307,
                                                                                                     2311, 2312,
                                                                                                    2511a, 2708,
                                                                                                      2716, 2718
                                                                                                                
        1992                                                                                                    
Aug. 26              102-345............  2(a), (b), 3, 4....     106  923, 925..........    49      1422, 1429,
                                                                                           App.       1471, 1475
Sept. 3              102-365............  2-4(a)(3), (c),         106  972, 974, 975,        45   6, 10, 13, 34,
                                           5(a), (b), 7-9(a),           976, 978, 980,             38(note), 39,
                                           10, 12, 14, 15, 18.          982.                       43, 64a, 431,
                                                                                                      431(note),
                                                                                                      437(note),
                                                                                                   438, 441, 444
                     ...................  ...................  ......  ..................    49         26, 1654
                                                                                           App.                 
Sept. 23             102-368............  801................     106  1131..............    49            1607c
                                                                                           App.                 
Oct. 6               102-388............  (last proviso of        106  1525, 1547, 1556,     15             1950
                                           1st sentence, 2d-            1560, 1566, 1567.                       
                                           last sentences, in                                                   
                                           par. under heading                                                   
                                           ``Facilities and                                                     
                                           Equipment''), 324,                                                   
                                           355, 362, 501,                                                       
                                           502(a), (c)-(r),                                                     
                                           503(2).                                                              
                     ...................  ...................  ......  ..................    49    1348a, 1354a,
                                                                                           App.      1602, 1607,
                                                                                                    1607a, 1608,
                                                                                                     1612, 1614,
                                                                                                     1617, 1622,
                                                                                                      2205(note)
Oct. 24              102-486............  403................     106  2876..............    15      2001, 2002,
                                                                                                      2006, 2013
                     102-508............  101-115(a), (c),        106  3290, 3297, 3307,     49            1671,
                                           116-118, 201-216,            3311.              App.      1671(note),
                                           301, 303, 304(a),                                          1672-1674,
                                           (b), 501-507.                                            1678, 1679a,
                                                                                                          1679b,
                                                                                                    1679b(note),
                                                                                                     1680, 1681,
                                                                                                      1683-1685,
                                                                                                     1687, 1688,
                                                                                                     1802, 1805,
                                                                                                     1812, 1813,
                                                                                                     1816, 1819,
                                                                                                     1903, 2001,
                                                                                                     2001(note),
                                                                                                      2002-2004,
                                                                                                     2007, 2008,
                                                                                                     2008(note),
                                                                                                     2009, 2010,
                                                                                                      2012, 2013
Oct. 25              102-519............  201-204, 301-306...     106  3389..............    15       2021-2023,
                                                                                                    2025, 2026a,
                                                                                                    2026a(note),
                                                                                                          2026b,
                                                                                                    2026b(note),
                                                                                                    2026c, 2027-
                                                                                                     2034, 2041-
                                                                                                            2044
Oct. 27              102-533............  2-10, 14...........     106  3515, 3522........    45   431, 502, 544,
                                                                                                  546, 563, 601,
                                                                                                       602, 650,
                                                                                                     650b, 650c,
                                                                                                             856
Oct. 28              102-548............  2(a), (c)-(e)......     106  3646, 3648........    49        501, 508,
                                                                                                       508(note)
Oct. 31              102-581............  101-103(d), 105-        106  4875, 4877, 4879,     49      1302, 1344,
                                           107(c), 108-                 4881, 4885, 4889,  App.            1348,
                                           112(b), 113-120,             4894, 4895, 4897.            1348(note),
                                           124, 125, 136, 201-                                       1354(note),
                                           203(a), 205, 208,                                               1357,
                                           302, 401, 402.                                            1421(note),
                                                                                                     1471, 1501,
                                                                                                     1513, 1532,
                                                                                                     1534, 1542,
                                                                                                     2153, 2158,
                                                                                                      2201-2208,
                                                                                                           2210,
                                                                                                     2210(note),
                                                                                                     2211, 2212,
                                                                                                   2226b, 2226c,
                                                                                                            2227
Nov. 4               102-588............  211, 503, 505......     106  5115, 5124........    15             5804
                     ...................  ...................  ......  ..................    49       2615, 2623
                                                                                           App.                 
----------------------------------------------------------------------------------------------------------------


                            Revised Statutes                            
------------------------------------------------------------------------
                                       United States Code               
   Revised Statutes    -------------------------------------------------
        Section                  Title                   Section        
------------------------------------------------------------------------
5256..................                       45                       81
5257..................                       45                       82
5258..................                       45                       84
5259..................                       45                       85
5260..................                       45                       86
5261..................                       45                       87
5262..................                       45                       88
------------------------------------------------------------------------


                                              Reorganization Plans                                              
----------------------------------------------------------------------------------------------------------------
                                                                                       Statutes at Large        
            Year               Plan                   Section                -----------------------------------
                               No.                                            Volume             Page           
----------------------------------------------------------------------------------------------------------------
1950.......................       13  ......................................    64    1266                      
1961.......................        3  ......................................    75    837                       
1965.......................        3  ......................................    79    1320                      
1968.......................        2  1(a)(1), (2)..........................    82    1369                      
----------------------------------------------------------------------------------------------------------------








                               Speaker of the House of Representatives.







                        Vice President of the United States and        
                                               President of the Senate.